LessonsExplicit and Allusive Wording: Clarity, Intention and Legal EffectQuiz

والكناية: هي ما استتر معناه
Kināyah is an expression whose operative intended meaning is concealed.

Concealment does not mean that the expression has no meaning. It means that the particular legal meaning is not uniquely determined merely by hearing the words. More than one sense or association remains possible.

“Anta bāʾin” (“You are separate”) communicates separation, but does not by itself specify that the speaker intended divorce. The legal meaning needs further identification, unlike explicit divorce vocabulary.

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The definition of kināyah

Explicit and Allusive Wording: Clarity, Intention and Legal Effect

والكناية: هي ما استتر معناه
Kināyah is an expression whose operative intended meaning is concealed.

Concealment does not mean that the expression has no meaning. It means that the particular legal meaning is not uniquely determined merely by hearing the words. More than one sense or association remains possible.

“Anta bāʾin” (“You are separate”) communicates separation, but does not by itself specify that the speaker intended divorce. The legal meaning needs further identification, unlike explicit divorce vocabulary.