Divorce in jest.

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:

Assalamwalkom.


My Respected Brother I Want to ask about a question about divorce one of my friend who divorced his wife in joking. Was it considered a divorce completly or it is a merely a joke.

Hoping you soon reply.

Thanks 

 

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Answer:

 

Divorce in jest

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.

 

Respected brother, Islam considers the sacred contract of marriage and its dissolving by divorce as extremely serious matters! Just as one cannot marry a girl one day and say the next day that he was only ‘joking’, one cannot declare a divorce unto one’s wife and say the next moment it was only in jest!!!!

 

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 your friend did indeed pronounce a divorce unto his wife, regardless of whether he was serious or was only joking, it will count as one divorce in the Sight of Allah Subhanah and in the Sight of Shariah Law.

 

Shariah Law allows two ‘revocable’ divorces in any one marriage…thus your friend, if he was indeed ‘joking’ regarding the pronouncement of divorce unto his wife, is well within his rights to ‘revoke’ the divorce and take his wife back within the waiting period of ‘idda’ (three menstruation periods of the wife) ….but he would have deemed to have used up one of his two revocable divorce rights in the Sight of Allah Subhanah. 

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-231:

229     A (revocable) divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230     So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

231     When ye divorce women and they fulfill the term of their (Iddah) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that he wrongs his own soul.  Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction.  And fear Allah and know that Allah is well acquainted with all things.

 

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

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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