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Is divorce effective through allusive expressions if the husband intended divorce by them, despite not desiring to divorce his wife or separate his children from her? And in this case, is his sexual abstention from her a balancing act between the evils of fornication and divorce?

1 min readAlso available in العربية

The jurists agree that divorce does not occur with allusive (kinayah) divorce pronouncements unless there is an intention to divorce, except if these pronouncements are uttered in a state of anger or if the wife seriously requests a divorce. In such cases, some jurists hold that divorce occurs even if the husband did not intend it. However, if the husband did not intend divorce with the allusive pronouncement, then divorce does not occur. One must be cautious about using the word "divorce," whether explicitly or allusively, unless there is a valid reason for it, as the Prophet, peace and blessings be upon him, said: "There are three things which, whether done in earnest or in jest, are to be taken seriously: marriage, divorce, and رجعة (taking back a divorced wife)."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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