Does divorce occur by saying "You are divorc..." jokingly before consummating the marriage, knowing that the marriage is not registered with the court?
Firstly, if the marriage contract fulfills its conditions and pillars, the contract is valid, and its effects are established, even if it is not documented in court. This is alongside the importance of documentation for preserving rights and achieving interests related to lineage, inheritance, and other matters. The current period is not called an engagement but rather the contract period.
Secondly, among the conditions for divorce to occur are intention and choice; that is, intending the word that necessitates divorce in an enunciative manner. If the word was used for narration or teaching, or it was a slip of the tongue (the divorce of one who errs), then divorce does not occur by it, according to the majority of scholars. It is advised to avoid jesting, playing, and narrations that include words of divorce.
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