Are the words "talaq" and "I am divorcing" considered the same?

Answer: Talaq in Arabic means “to release, to set free”. In Islamic law, it refers to: “A legal ruling that dissolves the marital bond through specific words” [1].

Talaq is divided into two types:

1. Sarih (explicit) talaq. This is when talaq is pronounced clearly and directly to the wife, without any need for intention. For example, saying “You are divorced!” or “You have been divorced!” using words derived from “talaq” [2].

In the Hanafi school, only words used specifically to dissolve the marital bond are considered “sarih (explicit) talaq”. Imam az-Zayla’i said: “Sarih is a word whose main meaning is clear, and whose purpose is obvious, so that even if it is literal or figurative, the listener understands its meaning immediately” [3].

1. Kinayah (implicit) talaq. This includes words that could mean talaq or something else. In such cases, talaq only occurs if the intention was to divorce; if not, it does not count as talaq. For example, if a husband says to his wife, “Go to your house,” this could mean “visit your parents” or “I have divorced you, go home” [4].

Therefore, in Kazakh, since the word divorce is specifically used to dissolve a marriage, it is considered to have the same meaning as the word talaq.

Sharia and Fatwa Department of the Spiritual Administration of Muslims of Kazakhstan

• [1] Marghinani, “al-Hidaya Sharh Bidayat al-Mubtadi”. 3/150.

• [2] Muhammad Abu Zahra, “al-Ahwal al-Shakhsiyyah”. 296.

• [3] “Tabyin al-Haqa’iq Sharh Kanz al-Daqa’iq”, 3/39.

• [4] In the Hanafi school, if a husband and wife are discussing talaq and the wife says, “Give me talaq,” and the husband replies, “Go to your house” or “You are on your own,” talaq occurs regardless of intention (Muhammad Abu Zahra. Al-Ahwal al-Shakhsiyyah. 296th verse.)