Fatwa ID: 05763
Answered by: Maulana Yūsuf Badāt
Question:
I have been diagnosed with OCD and it was very tough initially over time it is getting better and winter months it comes back. The doctor gave me medicine and 4 months course on CBT ERP where they ask me to speak the talaq word and give talaq to my wife in writing and verbally. This is to just cure OCD. What is the ruling on it?
In the name of Allāh, Most Gracious, Most Merciful.
Answer:
Getting treatment for your ailment is praiseworthy. However, from the Islamic point of view, when a husband, in clear terms, divorces his wife verbally and or in writing, it will formalize into an actual divorce, even if it be during a medical procedure. That being said, we advise you to adopt the procedure of treatment but not articulate the divorce to your wife in any way shape, or form, otherwise, the divorce will be established, Islamically.
“And if he has divorced her, then she is not lawful to him.” – (Qur’ān 2:230)1
The Prophet (peace and blessings be upon him) said, “There are three things which, whether undertaken seriously or in jest, are treated as serious; marriage, divorce and taking back a wife [after a divorce which is not final].” – (Abū Dāwūd 2194)2
“Uwaymir Al-Ajlānī (may Allāh be pleased with him) divorced his wife with three pronouncements in the presence of the Messenger of Allāh (peace and blessings be upon him). The Prophet of Allāh (peace and blessings be upon him) considered the divorces executed.” – (Sunan Abū Dāwūd 2250)3
Only Allāh knows best.
Written by Maulana Yūsuf Badāt
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1 فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ – البقرة ٢٣٠
2 ثَلاَثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ النِّكَاحُ وَالطَّلاَقُ وَالرَّجْعَةُ – أبو داؤد ٢١٩٤
3 فطَلَّقَها ثلاثَ تَطليقاتٍ عندَ رَسولِ الله صلَّى اللهُ عليه وسلَّم فأنفَذَه رَسولُ الله صلَّى اللهُ عليه وسلَّم أخرجه أبو داود ٢٢٥٠
