Source: http://qa.muftisays.com/?12112
Question ID: #12112
 
Question: Question regarding the principle: "Certainty is not overruled by doubt" apply to Divorce case
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.
 
 
Answered by: Ulamaa ID 04 (London)
Date: 19/07/2025 22:17pm

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 Qamruzzaman

London, UK
 
www.MuftiSays.com