Fatwa ID: 01809

Answered by Mufti Mohammed Tosir Miah

Question:

I have sent my wife a divorce notice and now want to reconcile I am a OCD patient and I have been taken medicine about it what happens with me is that I have negative thoughts about everything or person and because of this when I am angry I lose control of my actions and words. Me and my wife had a fight two months back and she went to her parents place I went to her house and asked her father to sort the matter out instead he said to me that I should leave the next out of rage and bad waswasa of everything due to my OCD I sent her the divorce notice. Now day before yesterday her father also passed away and she has no brother or anyone else to look after her she wants to come back and spoke to you on the phone as well but for in order her to come back she needs a written fatwa to show it to her family though she spoke to you on the phone and seems satisfied but in order for her family to send her she needs a written fatwa. So I would be greatly thankful if you can reply to me as soon as possible.

Answer:

If the husband's mind and intellect was unbalanced and obscured, then such a person’s talaq is ineffective and not valid.

Imam Kasani has said ‘And amongst the conditions of Talaq is that he be sane, literally and figuratively.  The talaq of an insane person is not effected, nor that of an immature boy, who is not of an understanding age.’   (Badaius Sanai p.179 v.4)

Therefore, the conclusion we can come to is that as long as one has been medically certified as an OCD patient then the Talaq given would not be valid.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham