From whom do we seek guidance if the reliable jurist and the trustworthy psychiatrist disagree on the issue of divorce for someone suffering from obsessive-compulsive disorder, when the jurist states that his divorce is valid if he intended it in a state free from obsession, and the psychiatrist states that his divorce is not valid even if he intended it in a moment free from obsession, due to his lack of legal capacity?
In matters of Islamic law, a is issued by specialized scholars. A jurist may consult physicians on medical issues that have a bearing on legal rulings, such as the divorce of someone afflicted by (obsessive whispering/doubts). If it becomes clear to the jurist that the person suffering from waswas pronounced a divorce while conscious and by choice, the divorce is ruled valid. However, if it becomes clear that the waswas overwhelmed their mind, the divorce is ruled invalid. Ibn Abidin, Al-Layth, and Ibn al-Qayyim all stated that the divorce of someone afflicted by waswas or whose mind is overwhelmed is not permissible, and this is a consensus among the scholars of the Ummah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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