Is a marriage contract valid if concluded in jest or under duress?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

A marriage contract concluded in jest (hazl) or under duress (talji'ah) is valid. This is established by the statement of the Prophet, peace be upon him: "Three things, their jest is serious, and their seriousness is serious: divorce, marriage, and revocation (ruj'a)." This hadith is narrated by Al-Tirmidhi. Furthermore, the Prophet, peace be upon him, stated: "Whoever marries while playing, or divorces while playing, or frees a slave while playing, it takes effect." Evidence is also found in the statements attributed to the Companions regarding matters whose seriousness holds true even when uttered playfully.

Supporting text

Umar stated that four matters are binding when spoken, whether seriously or jestingly: divorce, marriage, manumission (freeing a slave), and vows (nadhr). Ali stated that there are four matters in which there is no jesting: divorce, manumission, marriage, and vows.