Is divorce between a couple of different nationalities, after they have had intercourse and intimacy, forbidden or permissible, due to the state not recognizing the contract? And is the contract void or valid as long as it was concluded in court and in the presence of a sheikh and witnesses?

First: If the marriage contract (nikah) was concluded fulfilling its pillars (arkan) and conditions (shurut), it is Islamically valid even if not officially documented. However, documentation is essential for safeguarding rights and preventing disputes. If the contract was concluded without a guardian (wali), it is invalid according to the majority of scholars and requires renewal with the guardian. Efforts should be made to document the contract once it is valid, or to renew and document it if it was invalid.

Second: It is not permissible for a woman to seek divorce without a valid Shar'i reason; otherwise, she faces severe warning. As for a man divorcing, the general rule is that it is disliked (makrooh) or forbidden (haram) unless there is a need or a valid Shar'i or customary reason.

Third: If the contract was concluded without a guardian, and the spouses believed it to be valid, then desired separation, the husband divorces her. Divorce is pronounced in a marriage that is disputed (i.e., its validity is debated among scholars) if the husband believes in its validity.

Fourth: It is advised not to divorce and to strive for official documentation of the contract. If documentation is impossible and the marriage represents a burden, then there is no sin in divorce.

Fifth: Differences in nationality do not affect the rulings concerning marriage and and divorce.