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Jokingly saying divorce

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

JazakAllah for your fast response one more question onetime i joked to my wife "im leaving you forever" it was like immitating a movie or play acting but it was more like immitating a death scene, i never had intention of dvorce. did what said constitute dvorce"

 

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Answer:

 

Jokingly saying divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.


 

Sahih Al-Bukhari Hadith 1.1  Narrated by Umar bin Al Khattab

I heard Allah's Messenger (saws) saying, "The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.

 

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) 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 divorce which is not final).

 

If the husband merely says or declares that I am leaving you forever unto his wife, absolutely regardless of how many times the husband may say such a thing, it is merely an utterance from his mouth for an intention to divorce without actually stating I divorce you does not constitute a legal declaration of divorce in the Sight of Shariah Law and of Allah Subhanah.

 

But if the husband were to say to his wife words to the effect of I divorce you.absolutely regardless of whether the husband uttered this declaration in jokingly, in anger or in jest, it would constitute a legal declaration of divorce between the couple in their marriage.

 

If you have not intentionally uttered the word divorce to your spouse then no divorce will have been pronounced. By saying anything else unintentionally does not constitute a divorce.

 

Having said this it is advisable not to utter anything that is remotely similar to divorce, even in jest or in anger, so that you will have no doubts and can live a happily married life. By this you will be saving yourself from the trials related to this serious offense concerning divorce.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Members of Islamhelpline

 


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