I have read some questions on various websites about the issue of implied or Keenaya divorce. Is this valid as per Quran and Sunnah? Some say if husband even said “Leave the house” or “go to your parents” then divorce can take place if the intention was there. This type of statements do come out in anger when couples fight so does this mean that divorce takes place even though husband never used the explicit words of divorce? Also if it can happen and is valid than what if husband did not even have knowledge that divorce can take place like this since his knowledge was that divorce only takes place when declared verbally (in clear words) or in writting etc. Also if this type of divorce can be valid then what is meant by husband’s intention at the time of making an implied statement? Does it mean that he basically intended issuing an actual divorce at the same moment in time as when he made an implied statement. So if his intention was to issue divorce at some later time (not at the same time when he made that statement) and then he changed his mind (so he never carried out the intention since circumstances changed) then will any of those implied statements mean that divorce has taken place? What about if he is unsure about his intention since several years has elapsed since such an event occured in his life. So he is not clear what was his intention since he did not know that divorce can happen like this and now just read about this type of divorce and is really worried whether his marriage is valid or not. Also I have read that in Hanafi fiqh this type of divorce is something called Talaaq-e-Bain where as per Hanafites the nikkah is terminated right away and a new marriage contract is required. So there is no option for a man to take his wife back during iddah if divorce occured using implied statements. Does this has any validity as per Quran and authentic Sunnah?? I believe this whole issue of implied divorce has risen from some hadith where our Prohphet (PBUH) apparently divorced one of his wives by using a statement such as “Go to your family since you have seek refuge in Allah”. I dont have the exact words of hadith.
Your clarification will be appreciated.
The divorce must be pronounced by the husband by telling his wife she is divorced. No other words that are not explicit of this breakup can substitute this pronouncement for divorce. Thus, anything said cannot be deemed a legal divorce unless he actually says it. Since divorce must be categorically mentioned, there is no such thing as “implied divorce.” As such, this understanding should clarify the rest of your questions.
I hope I have clarified the issue.
God knows best.