Kinaayah talaaq
Q: My question is regarding talaq-e-kinaayah.
1) Husband and wife separated after living together for 3 and a half months, based on the marriage not being consummated. Wife went back to her parents’ home situated in another country to which the husband had no objection, infact encouraged some time apart. A month after the separation there was a heated argument between the husband and the wife’s family, which ended with the husband messaging the wife “I have nothing to say to you anymore, may Allah show the one who has wronged”. (It is also noteworthy that a week prior to this, the wife had asked the husband if he wished to continue with the marriage and his response was silence) Two weeks after the argument, the husband’s father openly admitted to the wife’s father and their common relatives on several occasions that the husband did not intend to carry on with the marriage and wants to give talaq. Upon being asked to give talaq, he said he wants the wife to ask for talaq and will divorce at a later stage. Later that evening, over the final whatsapp conversation between the husband and wife, the husband told the wife “take care and bye forever, I wish I never see you again….” And “…we will soon be na mahrams” After this encounter, the husband has blocked all contact with the wife and has had no contact ever since. The husband contacted the Home Office UK and informed them that the marriage was no longer subsisting with no intention of living together as spouses. Based on this, the wife’s spousal visa was cancelled and a notice was sent to the wife by the Home Office. The husband’s family asked for the gold back which was given to the wife as a gift. On one hand they claim that since the marriage no longer exists, they have a right to receive the gold back. On the other hand, they claim that talaq has not gone through as it was not explicitly given by the husband. Kindly clarify if marriage is over based on the kinaya words said and no intention of continuing with marriage.
2) If yes, Is this considered Talaq-e-bain or raji’?
3) Will wife’s Iddah begin from the time the kinaya words were uttered by the husband or from the time the wife found out she was divorced, and what to do in such a situation regarding the iddah term?
A:
1. If the discussion was centred around the termination of the marriage and talaaq then this will construe talaaq-e-baain.
2. From the time the words were uttered.
And Allah Ta'ala (الله تعالى) knows best.
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