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Question regarding the principle: "Certainty is not overruled by doubt" apply to Divorce case

Last updated: 14th July 2025
Question ID: #12112
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Assalamualaikum Background: I have OCD, particularly related to cleanliness and religious matters. One day, I felt what seemed like an intention to divorce, combined with ambiguous (kinayah) wording. This led me to believe and feel certain that a divorce had taken place. Later, I learned more about OCD and how it can create false but convincing intentions. This made me doubt whether the intention I experienced was real or simply a false one caused by OCD. However, I have no clear evidence to confirm it was a false intention from OCD. My questions are: 1. Does my belief and certainty that a divorce occurred count as certainty in Islamic law? 2. Based on the principle, can I consider the intention of divorce I had as doubt, and therefore judge that no divorce occurred because certainty (of marriage) outweighs that? Would this go against the principle? 3. Even though I have no solid proof that the intention was caused by OCD, can I now build new confidence that there was never a true intention to divorce in order to override my previous certainty? May Allah reward you for your guidance.



بسم الله الرحمن الرحيم

الجواب حامداومصليا

If you experience doubts of making intention of Talaq this will be invalid.

And Allah knows best

23 Muharram 1447/ 19 July 2025

Mufti
Answer last updated on:
19th July 2025
Answered by:
Ulamaa ID 04
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Location: London