Fatwa ID: 06118

Answered by: Alimah Zakiratul Hoque

Question:

I’ve been diagnosed with OCD. I have been getting a lot of talaq waswasa since last July. At first, I thought it was normal so I just ignore them but later on, it got to the level of severity that I can’t control my mind. Every time it comes to my mind apparently it looks like that Astaghfirullah I have repeated it or not. Then a series of compulsions start which I failed to control most of the time. Whenever these wasawis appeared in my mind my mind forced me to repeat those wasawis in a slow voice which is not audible. When I repeat them again new compulsion appeared that you have repeated those wasawis in loud voice and after that, I start approaching every Mufti in my vanity to ask questions about the word words which I have not uttered with a loud voice but my mind made me believe that astaghfirullah I may utter them with a loud voice.

What is the ruling of sharia if without any intention or will if a person did utter with a loud voice? Please do reply to me with references as well so I can bring peace to myself. I’m in great turmoil. I love my wife and astaghfirullah I never intended to use those words towards anyone

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

Answer:

If you have not actually said the words aloud, no divorce would occur as speaking (or writing) the words are necessary for a divorce to occur (Badai Al Sanai, Vol 4, Pg 264).

If you uttered explicit words of divorce aloud, your intention would not be considered and a revocable divorce would occur. However, if you uttered implicit words of divorce, your intention would be considered (Badai Al Sanai, Vol 4, Pg 271).

فركن الطلاق و هو اللفظ الذي جعل دلالة علي معنى الطلاق لغة و هو التخلية و الإرسال و رفع القيد في الصريح و قطع الوصلة و نحوه في الكناية

النية في أحد نوعي الطلاق و هو الكناية

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham