The Majlis Archive
Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 26 No 02, p.2

A husband made an ambiguous statement (Talaaq Kinaayah) to his wife.

Question

A husband made an ambiguous statement (Talaaq Kinaayah) to his wife. While the statement could have meant Talaaq, the husband is in doubt regarding his intention. He is not sure if he had intended Talaaq or not? What is the ruling?

Answer

If the husband doubts his intention, then Talaaq does not take place. In the matter of Talaaq Kinaayah, the issue of 'ghaalib gumaan' (dominance of thought) does not operate. Talaaq does not come into effect.

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The Majlis Vol 26 No 02
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