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The question

Is it sufficient for the prevalence of a strong presumption to confirm the occurrence of divorce, and what is the ruling on one who cannot be certain about actions emanating from himself?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The preponderance of probability is sufficient for the occurrence of divorce and in most Shar'i and devotional rulings, unless the person is afflicted with waswasa (obsessive doubts). For the one afflicted with waswasa, he should act upon the first thought and disregard his doubts, because their existence is as their non-existence, and his divorce does not occur unless he is certain of it. As for the one afflicted with waswasa who is overcome by his intellect, divorce is not binding upon him at all. Finally, only Shar'i courts can finalize matters of divorce.

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Ftawy
Original fatwa ID
81044
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Source text, unreviewed
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