What is the ruling on a husband divorcing his wife civilly while maintaining the marital relationship Islamically, in order to be able to marry another woman in a country that prohibits polygyny, and is it permissible for the husband to have conjugal relations with his first wife after this civil divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is permissible to utter the word of divorce before a judge with the intention of multiplicity, provided that two just witnesses attest to the absence of the intention of divorce. This is called 'istir'a' (seeking attestation). Alternatively, one can use an ambiguous (kinayah) rather than an explicit (sarih) pronouncement, and the wife remains under his marital bond. However, if he utters an explicit divorce and intends for it to take effect, he may reconcile with her before the expiration of her ', provided it is not the third divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 93753
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy