Fatwa ID: 05729
Answered by: Alimah Zakiratul Hoque
Saying Talaq as a Joke
In the name of Allah, the Most Gracious, the Most Merciful
Talaq, even when given as a joke, counts.
This can be seen below:
يقع طلاق الهازل بالطّلاق و اللّاعب لما روي عن رسول اللّه ﷺ أنّه قال : )) ثَلَاثٌ جَدُّهنَّ جَدٌّ و هَزْلُهُنَّ جَدٌّ النكاحُ و الطّلاقُ و المعتاقُ (( و روي النكاحُ و الطّلاقُ والرّجعةُ
“The Talaq of a person joking or playing will occur as it has been narrated from the messenger of Allah ﷺ that he said: three things, whether undertaken seriously or in jest, are considered serious: marriage, divorce, manumission. And it has been narrated as marriage, divorce, and taking back a wife.” (Badai al Sanai, Vol 4, Pg 270)
With regards to your question, when the husband said “mere tumhara taluq hai”, 1 Talaq Raj’ee took place. Therefore, the marriage was not terminated, and he has 2 Talaqs left (to terminate the marriage if he wishes to in the future).
Only Allah knows best.
Written by Alimah Zakiratul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham