Does Divorce Count if Caused by Compulsive Thoughts?

Answered by Mawlana Ilyas Patel

Question

Is one excused if they fear mistakenly uttering divorce due to incessant thoughts and compulsive urges about their marriage?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

If a person fears mistakenly uttering divorce due to incessant thoughts and compulsive urges about their marriage, one will ignore these types of thoughts.

The key principle in Hanafi jurisprudence is that divorce must be issued with deliberate intent (qasd) and certainty (yaqin).

The main integral (rukn) of divorce is the specific statement. [Ibn ’Abidin, Radd al-Muhtar]

Avoid Falling into Excessive Self-Questioning

Avoid unnecessary self-doubt.  A person should assume their marriage remains intact unless there is absolute certainty that they deliberately pronounced divorce with intent.

Seek spiritual and professional help – Consulting both a reliable scholar and a mental health professional for OCD-related symptoms can be beneficial.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related: OCD, Baseless Misgivings (Waswasa) and Divorce

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.