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🚪 Divorce, ʿiddah & rujuk · #14

What is the difference between explicit (sarih) and implicit (kinayah) words of divorce?

Explicit (sarih) words effect talaq without any need for intention, while implicit (kinayah) words take effect only if accompanied by an intention to divorce.
Examples of explicit words: "Aku ceraikan engkau" (I divorce you), "Engkau tertalak" (You are divorced), "I divorce you". Examples of implicit words: "Go back to your mother's house", "We're finished", "You are free". Implicit words can mean divorce or something else, so the husband is asked what he intended when he said them.
Talaq can occur in any language that is understood. When a dispute arises, the Syariah Court will question the husband about his words and intention before confirming it. See talaq & divorce.

Sources

Surah al-Baqarah 2:229State Enactment
← PreviousIf the intention to divorce only crosses the mind, does talaq take effect?Next →The husband is unsure whether he has pronounced talaq two or three times. What now?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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