Talaq In jest

Talaq In jest

In the name of Allah, the most Beneficent, the most Merciful.

Answer

Playing and making fun with the words of talaq is not permitted as these expressions contain serious meanings and consequences in the Islamic Shariah. Allah (SWA) in the Holy Qur’an has said;

“And treat not the verses of Allah as a jest…” (Surah Baqarah v.231)

Talaq takes place weather uttered in seriousness or jest; the difference between them is that the person who is serious intends the words and the ruling. The one who is joking intends the words but not the ruling.

Ibn Qayyim (RA) has said there are four categories which determines the differentiation between one who says something deliberately, knowing what he says but not intending the consequences to the ruling, and one who does not mean it and does not know what it means:

  1. When he intends the ruling but does not utter the words
  2. When he does not intend the ruling or the words
  3.  When he intends the words but not the ruling
  4. When he intends both the words and the ruling.

The first two are considered “Lagwe” (idle talk), and the second two are effective. (Zaadul Ma’ad p.204 & p.205 v.5)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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