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Divorce After Being Diagnosed OCD

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Zakiratul Hoque

Question:

I’ve been diagnosed with OCD. I have been getting a lot of talaq waswasa since last July. At first, I thought it was normal so I just ignore them but later on, it got to the level of severity that I can’t control my mind. Every time it comes to my mind apparently it looks like that Astaghfirullah I have repeated it or not. Then a series of compulsions start which I failed to control most of the time. Whenever these wasawis appeared in my mind my mind forced me to repeat those wasawis in a slow voice which is not audible. When I repeat them again new compulsion appeared that you have repeated those wasawis in loud voice and after that, I start approaching every Mufti in my vanity to ask questions about the word words which I have not uttered with a loud voice but my mind made me believe that astaghfirullah I may utter them with a loud voice.

What is the ruling of sharia if without any intention or will if a person did utter with a loud voice? Please do reply to me with references as well so I can bring peace to myself. I’m in great turmoil. I love my wife and astaghfirullah I never intended to use those words towards anyone

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If you have not actually said the words aloud, no divorce would occur as speaking (or writing) the words are necessary for a divorce to occur (Badai Al Sanai, Vol 4, Pg 264).

If you uttered explicit words of divorce aloud, your intention would not be considered and a revocable divorce would occur. However, if you uttered implicit words of divorce, your intention would be considered (Badai Al Sanai, Vol 4, Pg 271).

فركن الطلاق هو اللفظ الذي جعل دلالة علي معنى الطلاق لغة هو التخلية الإرسال رفع القيد في الصريح قطع الوصلة نحوه في الكناية

النية في أحد نوعي الطلاق هو الكناية

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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