Saying talaq as a joke

Fatwa ID: 02514

Answered by: Maulana Qadeer Ahmed Tariq

Question:

If your husband says Talaq to you as a joke but didn't say it with the intention of divorce does it count?

If it does count as a divorce..what if he was unaware that saying it as a joke counts… what if he was ignorant to it?

Answer

بسم الله الرحمن الرحي

Sayyiduna Abu Hurayrah raḍyAllāhu 'anhu (may Allāh be pleased with him) reports that Nabi ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said:

There are three things which, whether undertaken seriously or in jest, are treated as serious; Marriage, divorce and taking back a wife (after a revocable divorce) (SunanTirmidhi, Hadith: 1184, SunanAbiDawud: Hadith: 2194 and SunanIbnMajah, Hadith: 2039)

In your case one Talaq rajee will occur which means the nikah has not been terminated but he has two more chances of talaq left.

Only Allah Knows best

Written by Maulana Qadeer Ahmed Tariq

Checked and approved by Mufti Mohammed Tosir Miah 

Darul Ifta Birmingham

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