Does divorce take place by the husband joking that he did not accept at the time of nikaah?

Answered according to Hanafi Fiqh by


1. At the time of nikaah the husband said qubool and the witnesses heard it. Few years later, the wife asked her husband if he said qubool in the nikaah? The husband said “no”. He said “no” jokingly and had no intention of divorce. Is there any problem?

2. If a divorce thought comes in the mind when touching a kinaya word of divorce, is there any problem? The husband did not utter the word, he just touched the word with his finger. 


A: No divorce has taken place.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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