Getting civil divorce while retaining marriage
17-9-2016 | IslamWeb
Question:
My wife and I are married according to Islam and also according to civil law in a non-Muslim country. They are causing problems for us, so we decided to divorce according to civil law and stay married in Islam. We wrote and sent the divorce papers to the goverment and companies with the intention to not divorce in Islam. Two months have past, and I read from you that we also got a divorce in Islam by doing what we did. I told my wife that I take her back while she is in her 'Iddah (waiting period) just to be sure. Now my question is: at first, I did not know the ruling about this and I told my wife in these two months that I love her, that she is my wife, and so on. I also wrote papers and called companies to tell them about my civil divorce. Does telling my wife that she is my wife and so on in these two months without knowing about the divorce ruling and before taking her back (harm us)? Did I take her back? I also sent letters and called companies to tell them about the civil divorce; do these count as more instances of divorce during these two months? My intention was only the first civil state.
Answer:
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad 
is His slave and Messenger.
If this civil divorce was not accompanied by you verbally saying the words of divorce, then divorce did not take place. Also, writing the word divorce on paper is one of its metaphors, and it does not make divorce effective except with the husband's intention, as has already been clarified in fataawa 89894 and 84489.
Therefore, if you did not utter the word divorce to your wife, or if you wrote it without having the intention of divorcing her, then your wife is still married to you. Besides, just informing friends or others about the civil divorce does not make divorce effective.
Nevertheless, if the civil divorce is accompanied with a verbal utterance of the word divorce, then divorce does take place. Hence, if your wife is still in her waiting period, then you have the right to take her back without a new marriage contract. If her waiting period has expired, then it is not permissible for you to take her back, except with a new contract. Please, refer to fatwa 82541.
Taking back a wife is achieved through some matters that the jurists have outlined as in fatwa 89845.
Taking back your wife is not achieved just by promising that you will take her back or by saying that you love her, but if you told her, "You are my wife," while intending to take her back, then this is valid according to some scholars.
The Kuwaiti Fiqh Encyclopedia reads, "The Second Type: metaphors; namely: the terms that have the meaning of taking back a wife and have other meanings; such as saying, ‘You are to me as you were before,’ or, ‘You are my wife,’ and he intended to take her back, then this is valid."
Allaah knows best.