Abu Dawud

Benefits and Issues:
In Surah Al-Baqarah it is stated: (And when you divorce women and they have fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms. And do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest...) (, Al-Baqarah: 231) When you divorce women and they approach the end of their waiting period (‘iddah), then either keep them honorably or release them with kindness, and do not detain them to harm them or to transgress. And whoever does so has wronged his own soul. Do not make a mockery of Allah’s commands.

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In this verse of the Noble Qur’an, along with giving some important instructions regarding divorce, at the end it is forbidden to make a mockery or jest of the divine commands. Among these commands are also marriage (nikah), divorce (talaq), and emancipation (itq). Regarding these, it has been clarified in the hadith that even if these acts are done in jest, they will in reality take effect. From this it is understood: how can it be correct to act out the roles of husband and wife fictitiously in dramas and films? Because in this way, there is a risk that, in the sight of Allah, they may actually be considered husband and wife, even though they themselves do not intend this nor do they deal with each other accordingly.

Explanation:
1:
Whether in seriousness or in jest, both cases are considered valid. There is consensus among the scholars that if someone issues a divorce (talaq) in jest, and he explicitly pronounces the word of divorce, then the divorce will take effect. His claim that he said it as a joke or in play will be of no benefit to him, because if such a claim were accepted, the rulings of the Shari‘ah would be rendered ineffective, and every person who issues a divorce or contracts a marriage could simply claim that he was joking, thereby evading responsibility. In this way, the rulings related to this matter would be suspended.

Note:
(This hadith is considered hasan (good) due to support from the reports of the Companions (athar al-sahabah); otherwise, ‘Abd al-Rahman ibn Ardak is weak.)

Benefits and Issues:
➊
Nikah (marriage) is a very important relationship through which a man and a woman become lawful for each other and accept responsibilities. Because of this relationship, their offspring are considered legitimate. In view of its importance, many rulings have been revealed so that its sanctity remains preserved.

➋
The establishment or dissolution of the marital bond depends on spoken words; therefore, this important relationship should not become the subject of jest.

➌
In matters of nikah (marriage), talaq (divorce), and rujū‘ (reconciliation), the claim of jest is not accepted. The wisdom in this is that no person should escape his responsibilities by claiming he was joking. It is quite possible that a man marries a woman and later says that he did so in jest, while the woman sincerely accepted him as a life partner. In such a case, accepting the incident as a joke would be tantamount to oppression against the woman and would render the man unrestrained. Similarly, if the claim of jest is accepted in divorce, the entire system of divorce would become null and void.

➍
When accepting or relinquishing a Shar‘i (Islamic legal) responsibility, a person should carefully consider and reflect upon its consequences so that he does not face regret and distress later.