Is a wife still bound to her husband who suffers from obsessive-compulsive disorder (OCD), who had divorced her many times previously, and then divorced her again, given that there are fatwas stating that the divorce of an obsessive person does not take effect, while others stipulate witnesses?
The divorce uttered by the person afflicted with obsessive doubts without true intention does not take effect, because he is considered like one under compulsion, based on the : "There is no divorce in a state of compulsion." However, if he intended the divorce and uttered it with conviction, then his divorce takes effect. The questioner knows his own situation best, and he should not frequently move between different muftis. If his wife is still under his marital bond, he should keep her and treat her well. Otherwise, he should separate from her if she has been irrevocably divorced (Bainunah Kubra). And the of a or the ruling of a judge does not make unlawful what is lawful, nor lawful what is unlawful.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 123083
- 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
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