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Saying talaq as a joke

Answered according to Hanafi Fiqh by DarulIftaBirmingham


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


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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