Is it possible to issue a judicial divorce ruling ostensibly while the marriage remains a reality to avoid legal problems related to polygamy in America?
The rulings of civil divorce related to children, inheritance, dowry (mahr), and maintenance (nafaqah) must be considered. If its harms can be avoided, and there is a clear likelihood of the husband being imprisoned, then there is no harm in civil divorce. As for civil divorce where the husband did not utter (divorce) or intend it, no divorce occurs thereby. It is advisable to document the marriage (nikah) and rights after a civil divorce in an accredited manner to avoid potential harms. The husband should not neglect the right of his first wife and her child, and he should give her her right or divorce her, unless she agrees to waive her right.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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