Fatwa ID: 05437

Answered by: Alimah Sadmira Muric

Question:

My husband is a confirmed OCD and anxiety patient. He said divorce to me when he was under the triggered situation of OCD. He is on medication. His problem is very old he slapped his own face when he obsessed. Last five years he was on homeopathic medicine but that gives temporary relief. Now he is on allopathic medicine and anxiety and OCD is somehow controlled. I want to know if a person’s divorce is effective when he is a patient of OCD and anxiety in a situation overwhelmed. 

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

Answer:

It is mentioned in Mukhtasar al Quduri that talaq of three types of individuals is not effective: the talaq of an immature boy, talaq of an insane person, and talaq of a sleeping person. This is due to the hadith of Rasulullah Sallallahu Alahi Wasalm ﷺ:كل طلاقٍ جائز الا طلاق الصبي و المجنون[1]

Furthermore, Imam Kasaani has mentioned in his book Badaaiu Sanaai that one of the conditions for talaq to be valid is that the one giving talaq is fully sane.[2]

Therefore, a man who is medically certified that he is an OCD patient then his talaq will not be valid.

Only Allah knows best

Written by Alimah Sadmira Muric

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Mukhtasar al Quduri, alBushra, kitabu-talaq, page 602

[2] Badaius Sanaai, Darul-kutubl-Alamiyyah page 213