What is the ruling on one who thought he had divorced his wife with a triple divorce due to obsessive thoughts, then divorced her with a triple divorce based on this assumption, and then several scholars issued a fatwa to him that no divorce occurred due to his obsessive-compulsive disorder? And is he entitled to doubt their fatwa?
Divorce does not occur merely by suspicion. And if the husband utters the triple divorce due to severe obsessive-compulsive disorder beyond his control, his divorce does not occur, because he is considered to be under duress, and because the Prophet, peace and blessings be upon him, said: "There is no divorce in ighlaq." However, if the husband divorces his wife while intending and choosing to do so, not due to the influence of obsessive-compulsive disorder, but because he suspects that divorce is binding upon him, then it appears that the divorce is binding on him, and ignorance of the ruling does not affect its occurrence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 110403
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy