FatwaFederal TerritoriesMarriage & Family
AL-KAFI #1031: LAFAZ TALAK KETIKA BERGURAU
Does divorce take effect if a man with only one wife jokingly says he has divorced his "older wife"?
Short answer
According to this fatwa, divorce does not take effect in this case.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
According to this fatwa, divorce does not take effect in this case. The man has only one wife, so there is no older or younger wife, and the statement is treated as lagha, meaning void and without legal value. The marriage remains valid without needing reconciliation. If the wife is in doubt, the husband should swear to deny it, and in case of dispute the matter should be referred to the Syariah Court. The fatwa also stresses that joking about marriage, divorce and revocation is treated as serious when the words are directed at the wife by a husband who is of age, sane and not coerced.
Written in our own words from the original fatwa — check the source before acting on it.
Apabila tidak wujud isteri yang kedua , maka lafaz talak ke atas isteri pertama itu dianggap sebagai lagha atau sia-sia dimana perkataan yang diucap tidak mempunyai nilai.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1031: LAFAZ TALAK KETIKA BERGURAU”, 8 January 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2996-al-kafi-1031-lafaz-talak-ketika-bergurau. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/joking-divorce-statement-older-wife/