Does divorce pronounced in a non-Arabic language (Ajamiyyah) count as explicit divorce?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Divorce pronounced in a non-Arabic language is explicit (sarih). If pronounced by a non-Arab speaker using that specific term, divorce occurs even without intention (niyyah). The justification is that this specific term is established in their language to mean divorce, similar to explicit divorce terms in Arabic. If this term were not considered explicit, there would be no explicit term for divorce in that language, which is deemed unlikely. This is analogous to the Arabic term for divorce, which also implies 'I set you free.' If divorce is intended when using this foreign term, it definitely occurs, a position held by Al-Sha'bi, Al-Nakha'i, Al-Hasan, Malik, Al-Thawri, Abu Hanifa, Zufar, and Al-Shafi'i.
Supporting text
Al-Nakha'i and Abu Hanifa view the non-Arabic term as an implication (kinayah) requiring intention. They argue that its meaning translates to 'I set you free' (khallaytuki), which functions as an implication, not an explicit statement.