Saying talaq in jest
Fatwa No: 85521

  • Fatwa Date:29-1-2003 - Thul-Qi'dah 27, 1423
  • Rating:

Question

My husband and I were talking. We were not serious or joking just talking. I said to him that if I saw him flirt with women I would ask for talaq. He said why wait till then. Then we were silent for a while. I said, ok then say it.He said no (he wanted me to stop saying this) so he said you say the word talaq and I will say it after you. So we did. He had no intention of divorcing me or anything just he repeated the word I said to make me be quiet. Is this talaq?wassalamseeker

Answer

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

If the words that you used in Talaq were clear such as 'you are divorced' or 'you are separated', then the divorce would be effective. If the words you used were not clear, but were allusive, such as 'go to your family' or 'you are free', etc., then the Talaq would not be effective except in one intended the divorce by such words.
Finally know that playing and making fun with the words of Talaq is not permitted. Since these expressions contain a serious meanings and consequences in Islamic Shari'a. One who makes fun of such matters is regarded among those who disregard Shari'a. Allah says: { …..And treat not the Verses (Laws) of Allâh as a jest, …..} [2:231]
Note: The Fatwa is issued according what we understood from your question.
Allah knows best.

Related Fatwa