Will a person be questioned for adopting a recognized jurisprudential opinion that does not necessitate divorce if it is not witnessed, in order to overcome the obsessive thoughts of divorce from which he has suffered for a long time?
This obsessive whispering () is one of two things: doubt about whether a divorce occurred, or an obsession that leads to uttering it. If it is the first, then doubt about divorce does not necessitate a divorce. If it is the second, then a person with obsessive-compulsive disorder (OCD) does not incur divorce if their obsession is severe and they utter the divorce without genuine intention, but rather are in the position of someone coerced. There is no harm in acting upon the of someone who ruled for you that the divorce did not occur, provided they are qualified to issue fatwas. The most beneficial way to repel obsessive whispering is to pray to Allah, humbly implore Him, and turn away from it. Divorce occurs merely by uttering it, and it does not require witnesses. If it does not occur — as in the case of doubt or being under the influence of obsession — then it does not occur even if there were witnesses.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 110948
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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