Is it permissible to get a fictitious divorce in order to receive the father's pension to spend on the children, especially given the husband's low income and the absence of conjugal relations for over a year, and his refusal to work overtime despite the wife working long hours?
If the retirement pension was a deduction from the father's salary, then it belongs to him and his heirs after him. No one has the right to dispose of it without their permission. They are permitted to use stratagem to retrieve it, provided there are no negative consequences. However, if it is a grant from the state, it is not permissible to take it except according to the conditions of the granting authority, and it is not permissible to use stratagem to take it unjustly.
Divorce on paper without intention does not take effect because it is an indirect expression (kinayah). As for an explicit pronouncement, it brings about divorce even if uttered jokingly.
The maintenance of the wife and children is obligatory upon the husband. The wife must urge her husband to seek work and repay debts, and seek the help of righteous people to advise him.
Regarding lack of conjugal relations: sexual intercourse is a right of the wife, and the wife must respond to her husband unless there is a legitimate excuse.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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