Is divorce in anger or as a Joke valid?

Question: Is divorce in anger or as a Joke valid?

Praise to Allah

Summary:

In Anger: When a person is angry and is no longer aware of what he is doing, this is likened to the insane, so divorce does not take place according to all scholars.
As a Jest: Divorce pronounced as a joke is generally considered valid in Islamic law. The consensus among scholars is that uttering the words of divorce, even in jest, results in a valid divorce.

Detailed Answer:

When a person is angry and is no longer aware of what he is doing, this is likened to the insane, so divorce does not take place

Shaykh Ibn Baz and other scholars like Ibn Taymiyah and Ibn Al-Qayyim highlight three types of anger:

1. Extreme Anger: The person loses awareness and control, making the divorce invalid.
2. Intense Anger: The person is aware but extremely angry; scholars argue that divorce in this case is also invalid.
3. Ordinary Anger: The person is angry but fully aware and in control; divorce is valid in this situation.

Divorce pronounced as a joke is generally considered valid in Islamic law. The consensus among scholars is that uttering the words of divorce, even in jest, results in a valid divorce.

1. Evidence from Hadith:
   • Abu Hurayrah (may Allah be pleased with him) narrated that the Prophet (peace and blessings be upon him) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce, and taking back (one’s wife).” (Narrated by Abu Dawood, 2194; al-Tirmidhi, 1184; Ibn Maajah, 2039; classed as hasan by al-Albaani in Irwa’ al-Ghaleel, 1826).
2. Views of Companions and Scholars:
   • Umar ibn al-Khattaab, Ali, and Abu al-Darda’ (may Allah be pleased with them) stated that marriage, divorce, and manumission are binding, whether spoken seriously or in jest.
   • Ibn al-Qayyim explained that the intentional utterance of divorce words, even in jest, carries the same weight as serious pronouncements because the Lawgiver’s ruling applies regardless of the person’s intent behind the words.
3. Rational Explanation:
   • Shaykh Ibn ‘Uthaymeen highlighted that a person who jokes about divorce still intends to say the words, and thus the ruling applies. This prevents people from taking divine rulings lightly and ensures that the gravity of divorce is maintained.