How can someone suffering from obsessive doubts (al-waswas) distinguish a true intention for divorce from obsessive thoughts? And does his divorce take effect if he divorces believing it does so due to obsessive doubts? And is the intention for divorce by allusive terms (kinayah) valid if the aim behind it is relief from obsessive thoughts, not the divorce itself? And are inner peace and tranquility conditions for the divorce of someone with obsessive doubts to take effect? And does the prevailing custom (urf) that considers allusive terms (kinayah) not to effect a divorce prevent the divorce by allusive terms from taking effect? And if someone with obsessive doubts divorces three times by allusive terms (kinayah) and intends divorce, while avoiding explicit wording, is that considered evidence of his lack of resolve for divorce? And is it obligatory to follow the fatwa of the muftis regarding the non-occurrence of divorce even with the belief that the wife is unlawful?
If a divorce is issued by someone afflicted with waswasah (obsessive whispering/doubts) due to their waswasah, and they are overwhelmed by their mental state, then their divorce is not effective. However, if the person with waswasah divorces voluntarily and is aware of what they are saying, then their divorce is effective. In cases of doubt as to whether the divorce occurred due to waswasah or was voluntary, the default principle is that the divorce has not occurred. Divorce through ambiguous phrases (kinayat) is effective if the intention was present, and not effective if the intention was absent. It is advisable to act upon a fatwa (religious edict) from someone whose religiosity and knowledge are trusted, to be wary of giving in to waswasah, and to seek Allah's help and supplicate to be rid of it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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