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Soal Jawab › Perceraian, idah & rujuk

🚪 Perceraian, idah & rujuk · #12

If the husband says divorce as a joke, does talaq take effect?

Yes, talaq with explicit words still takes effect even if said as a joke.
The Prophet ﷺ said that there are three things whose seriousness is serious and whose jest is serious: marriage, talaq and rujuk (taking back). Explicit (sarih) words such as "I divorce you" do not require intention, so the excuse of joking is not accepted.
This is a reminder for husbands to guard their tongues. If it happens, report it to the Syariah Court for confirmation and, if it is a revocable (raj'i) talaq, consider rujuk within the ʿiddah. See talaq & divorce.

Sumber

Sunan Abu Dawud 2194 (hasan)Jami' at-Tirmidhi (hasan)
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Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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