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Diyana (the rule that a person's own intention is judged before God, not by the court)

الديانة (في الفقه)

As a term, diyana means accepting a swearer's or divorcer's stated intention, when the words are clear and the claimed meaning is a remote possibility, though a judge does not accept it against the apparent meaning of the words; the matter is left between the person and God. 1 2 The schools differ on which claims are accepted in diyana and which are accepted in court too; the same applies to oaths, the vow of abstinence, the zihar formula and similar cases. 2 3

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Summary

As a term, diyana means accepting a swearer's or divorcer's stated intention, when the words are clear and the claimed meaning is a remote possibility. 1 A judge does not accept it against the apparent meaning of the words; the matter is left between the person and God. 1

Example

A man tells his wife 'you are divorced' and then says he meant a divorce from a physical bond. The court does not accept that, but he is accepted in diyana. The same holds if his tongue slipped to the word of divorce while he meant something else. 1

How the schools fix what is accepted in diyana

The Hanafis allow a mufti to advise that no divorce has taken place, while a judge does not accept it and rules that the divorce took effect. 2 The Shafi'is set four grades of claimed intention: a claim that removes what was stated outright is not accepted; a claim that restricts an absolute divorce is not accepted in court, with a dispute over diyana; a claim that restricts a general term is disputed; and words open to divorce take effect by intention. 2 For oaths, the vow of abstinence, zihar and similar formulas, a claim contrary to the apparent meaning is not accepted in court, but is accepted in diyana if the words bear it. 3

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8306
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8307
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8308
Cite this page

islam.museum contributors. “Diyana (the rule that a person's own intention is judged before God, not by the court)”. islam.museum, https://islam.museum/en/concept/diyana-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.