Is it permissible for a father to fictitiously divorce the mother in court without the intention of divorce, in order to obtain government facilities and a loan to build a house, given that they have a large family and the goal is to improve living conditions?
Divorce was legislated by Allah to dissolve the marriage covenant, and no one should use it except seriously, because the Lawgiver prohibited taking the signs of Allah in jest. And whoever utters it without intending its legal implications, then it is not permissible for your father to feign divorce to defraud the state and unjustly consume wealth. If the divorce occurs by explicit verbal pronouncement, it takes effect even if the utterer did not intend its occurrence. As for written divorce in court, some scholars hold that it takes effect even if not intended. If your father is unable to provide sustenance and truly desires a divorce for the wife and children to benefit from facilities, then he is allowed to do so, while observing the rulings that follow therefrom. However, it is advisable to seek another means of earning and providing sustenance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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