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Is it permissible to effect a civil divorce (German) upon the wife, while not desiring to divorce her, in order to enable marriage to another, and is this civil divorce considered a valid Shar’i divorce, especially given that the wife is preventing the husband from seeing his son?

1 min readAlso available in العربية

If the German divorce [pronouncement] is made with an explicit utterance, it is binding, whether the one who utters it intended divorce or not. However, if it is in writing or by allusive words, it requires intention for the divorce to take effect. The solution for you is to divorce your wife on paper without uttering the words, and without the intention of divorce. If they compel you to make an explicit utterance, then divorce her with a single pronouncement, and then have witnesses to your taking her back before the expiration of her iddah (waiting period). It is not permissible for your child's mother to prevent him from you, and your wife's father's statement that she is divorced due to your not spending on her is incorrect. We advise you to mediate through someone who has influence over your wife and her family to reconcile between you.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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