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Does saying “talaaq” cause divorce, even if said jokingly or in one’s mind?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamualaikum, My question is regarding talaaq. Does mere utterance of the word talaaq causes divorce or should the husband have an intention of divorce while saying these words because I have heard that if a person jokingly also says “talaaq” then divorce occurs? Also if someone says “talaaq” in his mind but not verbally and in this case he intends for divorce, then does talaaq take place? Jazakallahu Khairan

Answer

(Fatwa: 267/267/M=1432)

If one does not pronounce the word of talaq verbally and only intends in heart, no talaq shall take place. However, if someone gives talaq to his wife in jest, the talaq takes place. In the same way, if one gives talaq by addressing the wife with the word of sarih (clear-cut) talaq or pointing out to her or attributing towards her, then too talaq takes place. There is no need of intention in sarih words.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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