Using Expressions of Divorce Jokingly but Not Intending a Divorce

CategoriesDivorce [536]

Fatwa ID: 04256

Answered by: Imam Abdul-Malik Sheikh

 

Question

 

Assalamu Alaikum.

I had an urgent question. I and my wife were joking and I said I will get a second wife. She said she will get another husband. 

I said "go bye-bye" with no intention of divorce as we were joking.  Would that count as a divorce?  If it does it count as three or one? 

Please respond as soon as possible. 

Jazak Allah Khair.

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

The issuing divorce in seriousness or in humour is equal. If the husband pronounces the divorce explicitly to his wife, such as saying to her that you are divorced or divorced, and so on, then he is effective even if he does not intend the divorce.

 

Divorce can be explicit (Sarih) such as saying, “I give you Talāq”. The second is implied expressions( Kinayah). In the second type divorce only takes effect by the implied expression with intention or with immediate indication.

 

If there is an immediate indication of divorce such as saying, “go into waiting” or “Seek to keep your womb free”, then one revocable divorce takes place.

 

Also, people should bear in mind that how the language is used in different cultural settings will have an impact on whether the divorce has taken place or not. If “go bye-bye” is an expression used to imply divorce in your cultural setting, then a revocable divorce would have taken place.  I would like to remind you that issuing Talāq is not a joking matter and therefore, people should be careful in what they say.

Reference:

Bada’i al-Sana’i Fi Tartīn al-Shara’i, Vol.7, p.182, Dar al-Kutub al-Ilmiyyah, Beirut

 

 

Only Allah knows best

Written by Imam Abdul-Malik Sheikh

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

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