Regarding words of Kinayah
Question As salaamu alaikum.
A sister contacted my wife yesterday and told her that her husband had argued with her. Then, he sent her the following text:
"Why don't you just go your own way. You're young and can make for yourself a better life. May Allah always be with you. And I'm sorry for robbing you of your time. But how I see it, Allah wants something better for you. " Afterwards, he blocked her on all social media (he's in one of the Gulf Countries) and his family won't accept any calls or tell her anything. She's in limbo and doesn't know if she's divorced or married and wants to know what she needs to do. It seems to be a divorce by kinayah but I told her that it's difficult to say with certainty without asking him. And she asked me to consult with a mufti. Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful Based upon the information you have provided, divorce by way of using kinayah (ambiguous) words has not occurred, because the words which the husband used in his text message do not match the description of kinayah as explained by the scholars of jurisprudence. For example: the husband’s statement, “Why don’t you go your own way,” is a question, and divorce by way of kinayah cannot materialize through questions, irrespective of one’s intention. Hence, her marriage remains intact, and they are still considered to be husband and wife.1
Only Allah knows best Written by Maulana ...
Checked and approved by Mufti Mohammed Tosir Miah Darul Ifta Birmingham
1 Raddul Muhtar: v. 4, p. 534 (Maktaba Imdadia); Fatawa Hindiya: v. 1, p. 410-412; The Complete System of Divorce in Islam: p. 78