Girl's father sending a legal notice of divorce

Q: One of my colleague got married last year. But his wife initially was not sent to his house with both side family consent. As they were waiting for a grand party to be done from both side. Nikah was done very simply. But before that his wife came to stay with him for some time due to some urgent work in the city. They were staying like husband and wife. However my friend did not tell me whether they had husband and wife relationship. After staying with the husband for 4 weeks approximately the girl went back to her father's house and started telling her father that she has lot of problems with her husband and wants to study higher but till the completion of her studies she will not have any husband wife relationship. After 2-3 months of conversations, girl's father on behalf of girl sent a legal notice of divorce. In which it was mentioned that if my friend does not reply for this notice within 3 months divorce will be done automatically. Is this divorce right according to Shari'ah when the boy didn't say 3 times talaaq however he was ready to be separated?


A: This matter should be taken to the Jamiat of the area, and after contacting both parties the Jamiat will issue a ruling.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)