أنت طالق
You are divorced.
طلّقتك
I divorced you.
يا طالق
O divorced one!
Each formulation uses the distinctive language of divorce rather than a remote or indirect description. In the Hanafi legal-theoretical discussion this makes the wording explicit, so a further intention selecting divorce is not required merely to establish what the expression denotes.
A ruling on a real case requires additional legal facts and conditions; the lesson concerns the interpretation of wording.
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Explicit and Allusive Wording: Clarity, Intention and Legal Effect
أنت طالق
You are divorced.
طلّقتك
I divorced you.
يا طالق
O divorced one!
Each formulation uses the distinctive language of divorce rather than a remote or indirect description. In the Hanafi legal-theoretical discussion this makes the wording explicit, so a further intention selecting divorce is not required merely to establish what the expression denotes.
A ruling on a real case requires additional legal facts and conditions; the lesson concerns the interpretation of wording.