Nikah in jest without witnesses and subsequent Divorce query
| Fatwa #2267 | Category: Marriage & Divorce | Country: Pakistan | Date: 18th February 2026 |
| Fatwa #2267 | Date: 18th February 2026 |
| Category: Marriage & Divorce | |
| Country: Pakistan | |
Question
i will clarify, i think i may have entered a nikah by doing ijaab qabuol in jest with the girl, in pakistan the law says a divorce is not effective which has not followed state procedure, i am aware that divorce is one in such a case or some other words which mean to end the thing that exists have to be said, now my question i did not find any hadis which could show that simble verbal words ‘ i divorce’ are sunnah, so how can i have this divorce or words effect without following state law or leader, why would it happen , when following leader is obliatory, moreso when its for the safety of people and there is no hadis
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, a valid nikah requires Ijaab, Qabool and the presence of two male witnesses. If the nikah in jest occurred in this manner, the nikah was valid and complete.
Rasulullah Sallallahu Alaihi Wasallam said,
عن أبي هريرة أن رسولَ اللهِ – صلَّى الله عليه وسلم – قال: ثلاث جدُّهنَّ جَدٌّ وهَزْلُهُنَّ جدٌّ: النكَاحُ، والطَلاقُ، والرَّجْعَة
Translation: “Three things (are such), their solemness is solemn and their jest is still solemn. Nikah, Talaq and Raj’ah.” (Abu Dawood – 2194)
If this is the case, then in order to break the marriage, the husband is required to issue one verbal divorce. He should simply say, I divorce you one irrevocable divorce.
The laws of Shari’ah are such that there are certain powers granted to the state and certain authorities granted to the people themselves. Neither can encroach upon the other. In other words, if Almighty Allah has placed the right of divorce in the hands of the husband, which He has, the state cannot take that away, no matter how hard it may try. The efficacy of divorce is not and cannot be controlled by the state. That is why verbal issuance by the husband is valid and will result in an Islamic divorce. This shall remain the case till the day of Qiyamah.
It suffices for a man to be labelled ignorant if he claims that since he did not find a hadith for a particular subject, that means no such rule/law exists.
The books of hadith are replete with incidents of divorce such as the famous case of Abdullah ibn Umar Radhiyallhu Anhu divorcing his wife during her menses, the case of Rukaana Radhiyallahu Anhu etc. In all these cases, divorce was verbally issued by the husbands despite the presence of Rasulullah Sallallahu Alaihi Wasallam within Medinan society which was the first Islamic state. If then a husband could divorce his wife verbally, who are the governments of today to say otherwise?
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia