What Is an Implicit Divorce?
Question: What is an implicit divorce?
Answer:
Dear questioner,
Thank you for your important question.
If a husband says “leave me alone” with no intention of divorce, the divorce does not take place.
An implicit divorce (kinaya) is: “the proclamation of a word which signifies divorce (ex. “You are single now”), coupled with the intention of divorce.”
[Quduri, al-Mukhtasar]
Although no divorce has taken place, couples should ensure to watch the language they use when going through any dispute, significant or insignificant.
Allah, Most High says, “That [is so]. And whoever honors the symbols of Allah – indeed, it is from the piety of hearts.” [Quran 22:32]
The symbols of Allah are anything which Allah, Most High has made sacred such as the institution of Marriage. Hence, we should watch our language when discussing these matters.
May Allah, Most High reward you for your desire to learn more about how to honor him.
And Allah knows best,
[Ustadh] Omar Popal
Checked and Approved by Shaykh Faraz Rabbani
