Does a divorce take effect when a man says to his wife a phrase that does not explicitly mean divorce, but he intends divorce, given that he is convinced by Imam Malik's opinion that divorce occurs through allusive (kinaya) expressions, even though the majority of jurists hold that it does not take effect, and is he permitted to follow the opinion of the majority because it is easier?
The incidence of divorce through subtle allusions that do not resemble divorce is a matter of disagreement among the different schools of thought. The Malikis hold that divorce occurs with any word by which the husband intended divorce. As for the Shafi'is and Hanbalis, they do not consider divorce to occur with words that do not resemble the explicit terms of divorce. According to them, divorce only occurs with an explicit term or a clear allusion, even if the husband intended it, because the word does not imply divorce. Based on this, divorce does not automatically occur merely by adopting the view of Imam Malik's school of thought.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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