What is the opinion of the majority of scholars regarding the issue of divorce by innuendo, and do they favor the position of the Shafi’is or the Malikis? And how can one differentiate between a true intention for divorce and obsessive thoughts? And what should be done when one is afflicted by obsessive thoughts of intending divorce with every word?
The majority of scholars hold that a divorce by implication (kinayah) does not take effect without intention. As for a person afflicted by obsessive-compulsive disorder (waswas) who utters a divorce, whether explicitly or implicitly, without choice due to the waswas, their divorce is not effective. If one doubts the intention behind the divorce, it does not take effect because the original state is the continuation of the marriage. The cure for waswas lies in ignoring it and refraining from asking numerous questions about divorce that have not occurred, as this opens the door to waswas and disrupts one's thoughts. Furthermore, being overly meticulous in questioning is blameworthy in Islamic law and wastes time. The Messenger of Allah (peace be upon him) said: "Leave me as I leave you, for indeed, those who were before you were ruined because of their excessive questioning and their differing with their prophets. So, when I command you to do something, do as much of it as you can, and when I forbid you from something, then leave it."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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