Lafaz sarih and kinayah PDF

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Explain on lafaz sarih and kinayah. Provide an illustration. In Arabic ‘talaq’ means freeing or undoing the knot. In the terminology of jurists, it signifies the dissolution of marriage, or the annulment of its legality by the pronouncement of certain words. Allah said in Surah At-Talaq, ayat 1, “O! Prophet, when you divorce women, divorce them for their prescribed period and calculate the number of days prescribed”. Lafaz or expression of talaq can be divided into two types which are lafaz sarih and lafaz kinayah. Talak Sarih means "real" or "clear". In the other words, the divorce that the husband pronounces to his wife in clear and concise terms and this kind of pronunciation only has the meaning of divorce and no other meaning. Based on Shafii, it is explicit when the pronouncement is done through the use of the word ‘talaq’, ‘firaq’ or ‘sarah’. An illustration of talaq sarih can be seen when a husband said to his wife, “I divorce you with a single divorce”. If a person applies talaq sarih, the talaq is automatically effective regardless of intention. This is because a hadith reported that three things that will be considered seriously are marriage, divorce and ruju’. Next is lafaz kinayah where it is a divorce through ambiguous terms. In the other words, the husband uses an indirect sentence that has two or more meanings. This can be illustrated when a husband said to his wife, “The two of us are no longer in a relationship”. Under this circumstances, the court will determine the intention of the husband upon the pronouncement of talaq. For example, in Haji Hanafiah v Rokiah, if a person pronounces a divorce according to what is written, this is counted as a divorce unless he claims that he merely intended to read it as in this case where the husband merely read the writing but did not intended to effect a divorce which was forced upon him by his children....