Delegating Talaq due to OCD and ADHD

Fatwa ID: 03552

Answered by: Alimah Nasima Umm Hamza

 

Question

Yes, I am getting treated professionally for this Alhamdulillah. I have ADHD, a bit of borderline and also other disorders. The one about OCD, some doctors say I have OCD and others say it’s more a personality disorder where I am extremely anxious to make mistakes with this (or because of this). I also have a compulsion disorder in which I need to check and test things compulsively (which looks almost the same as OCD but have slightly differences).

Because of this in combination with ADHD, I do very impulsive things like the tafweez in the abovementioned email in which I think that I can save my marriage etc. I think very black and white of shariah. Many friends and also scholars or imams said that these rules are not applicable for me while in this unstable state, but then I read fatwas and knowledge myself and think but it says the rule is like this!

 

Now that I have received your answer, I have started thinking what if it's not OCD but slightly different than OCD? Do I need to ask this question again and again and how does Allah think about it? I cannot figure it out. It seems very difficult with all these rules. I never want to divorce and I know that, but I always think that the slightest things can make your divorce and it all seems so difficult.

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

Dear brother, thank you for confirming that you have been diagnosed and are being medically treated for your condition.

One of the conditions for a person’s talaq or delegating it is that they must possess a sound and rational mind, either in the literal sense or measured sense.[1]

In your case, it is apparent that you have been assessed as not possessing a sound mind by the measuring and assessments of your doctors, therefore your doubts, misgivings, utterances or delegations will not be valid.

Please remove these doubts from your mind, and rest assured that divorce will not take place. You must also be aware that your medical conditions are leading you to dwell upon the thoughts and worries of divorce in your head.

 

If you decide to divorce your wife in the future, and you believe that you are doing this with a sound mind, then you will have to prove this to a qaadhi or to a shariah council. This is based on the facilities available in our locality.

 

Only Allah knows best

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1] Al-Kasaani, Bada’i as-Sanaa’i, Kitaab at-Talaq, Volume 3, Page 99

 

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