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Does a divorce that takes place in court on paper, without uttering the words of divorce, count as a valid divorce? Is it permissible for a Muslim to circumvent the law in non-Muslim countries to achieve worldly gains?

1 min readAlso available in العربية

If a man writes a divorce with the intention (of divorcing), it takes effect according to the unanimous agreement of jurists. However, if he writes it without the intention of divorce, it does not take effect according to the majority of scholars. What the questioner did by writing the divorce on paper in court without the intention of divorce does not make it effective.

A Muslim must be trustworthy and truthful in their dealings, and it is not permissible for them to lie or cheat, even with non-Muslims. Deceiving the system by claiming divorce to obtain financial benefit is cheating, lying, and falsification, which is not permissible, even if it is in a non-Muslim country, as long as one resides there with official security. If the state grants them security and protects them and their property, then they owe the state trustworthiness, and it is not permissible for them to betray or cheat it.

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

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