Back to search

Does the divorce uttered by a person with obsessive-compulsive disorder (OCD) involuntarily take effect or not, based on the description of OCD and its characteristics in modern psychiatry, and a discussion of the opinions of earlier jurists regarding the divorce of someone under duress, in anger, or intoxicated, in light of current medical advancements?

1 min readAlso available in العربية

Jurists do not hold the view that the divorce of a person with obsessive doubts (al-waswas) is universally invalid. Rather, they have qualified it to cases where he is overwhelmed in his intellect. If he is not in such a state, then his divorce is like that of anyone else. Imam Al-Shafi'i says: "Whoever is overwhelmed in his intellect due to an innate disposition, or an emergent illness that he did not bring upon himself through an act of disobedience, then divorce is not binding upon him, nor prayer, nor the legal punishments (hudud). This includes the imbecile, the insane, the one with obsessive doubts, the one suffering from brain fever, and anyone afflicted with an illness that overwhelms his intellect, as long as he remains overwhelmed in his intellect. However, if his intellect returns to him and he divorces in that state, or commits an act necessitating a legal punishment, then it shall be applied to him, and the obligatory duties become binding upon him." There is no contradiction between clarifying the Sharia ruling and guiding the person with obsessive doubts towards psychological treatment; both are required and beneficial. The issue lies in how to issue a fatwa (religious legal opinion) for a person with obsessive doubts who uttered a divorce while being internally compelled, and whether his previous divorce becomes valid if he recovers.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy