MMA married with a girl as per Shariah and had arranged walimah dinner. The girl says she did not know the activity of first night, both continues to stay up to two months but she is happy with foreplay only (kissing, squeezing and hugging etc.) after which the MMA left for gulf and trying to arrange VISA for his wife but she refuse to come gulf. During daily telephonic conversation they used to argue and quarrel. MMA used to pronounce words like “my tujhe chod doonga, tuhe divorce dedoonga and talaq dedoonga” several times for threatening her. My question is (1) had divorce occurred between them? (2) they are no more wife and husband? (3) if yes or no what is condition to living together and separation. Please answer in the light of Quran, hadith, sunnah and Islamic Shariah/jurisdiction.
Answer:
(Fatwa: 169/134/H=1434)
In regard with talaq if the husband uttered these words (mein tughe chod doonga, tughe divorce dedoonga and talaq dedoonga) and he did not speak any other word related to talaq and the wife and persons present on the spot confirm the same; then in such case no talaq shall take place.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband