Fatwa ID: 03582
Answered by: Maulana Nabil Khan
Question
I suffer from mental health illness. I am a confirmed sufferer from both Obsessive Compulsive Disorder and general anxiety disorder. I have very extreme thoughts about harming myself in different ways (jumping from heights, driving my car into opposite traffic etc). I also have these thoughts regarding the people around me frequently as well as thoughts of saying harmful things. This has been the case for 10 years and my brain is normally always filled with these thoughts.
What if I say the words of divorce to my wife in rage or when panicked/frantic as I’m not in control and am mentally overwhelmed because of my illness? This comes directly from my condition and my mental health, particularly the OCD. It is like Waswasa but a lot worse
بسم الله الرحمن الرحيم
In The Name Of Allah, The Most Gracious, The Most Merciful
Answer:
The ADHD and OCD disorders that you are dealing with are real-life disorders that affect the mental state of a human being, thus altering the ruling of such statements such as Talaq in many cases. The Prophet (SAW) has mentioned that mistakes and actions are overlooked for three individuals incapable of acting coherently in their states. One of the three individuals the Prophet (SAW) “the mentally ill until he can understand or retain consciousness.”
Based on this hadith, the scholars have mentioned that in such a state, acts like Talaq will not occur in its regular form. Thus, in such a case where one is incapable of recognizing whether he is even saying Talaq or not due to OCD, then this will not count, and the marriage will stay intact.
In addition to that, there is no use to give the rights of talaq to another person as this cannot be done. Rather you should be reciting Surah Al-Nass and Surah Al-Falaq regularly, as well as consulting your local scholars. These surahs will assist in rejecting the whispers of shaytan and the scholars will assist you in your mental state inshaAllah.
With this being said, if the divorce is given in a state of anger and you are aware of what you are saying, then the divorce will take place. The ruling of Talaq not occurring will only be in the case of OCD being triggered, this cannot be applied to every state of anger since they can be separated in many cases. For this reason, it would be strongly advised to take counselling regarding anger management to avoid such situations.
Only Allah knows best
Written by Maulana Nabil Khan
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
Reference:
Sunan Al-Tirmizi #1423
Al-Fatawa Al-Hindiyyah volume 1 pg 387
Al-Fatawa Al-Hindiyyah volume 1 pg 372
