Question ID: 17440
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I have recently been diagnosed with having OCD by a qualified psychiatrist. For 12+ years, my obsessions used to health related where I used to worry about contracting cancer and going to Drs and having tests. Now in addition to this, especially after being more practicing and reading many fatwas regarding disbelief, annulment of nikah & divorce, I have almost constant unintentional thoughts about kufr & divorce. I keep remembering sins from the past which I had completely forgotten about & worry whether they constitute disbelieve & the state of nikah.
With regards to divorce, I know that saying the word, whether intentionally or unintentionally, counts as a divorce. I know that metaphors for divorce or any other statement, if made to anyone, counts as divorce if the intention was there. Ever since learning this, I find myself double checking my intention (as an immediate afterthought) if I say something to my wife which could be a metaphor. For example, recently I said “go do whatever you want” and meant exactly that and not divorce. Immediately after I said it, I had to reconfirm in my thoughts that divorce was not intended. The situation has reached to the point that even after saying totally normal things to her for eg. something related to our kids or food, the afterthought of divorce pops up in my mind unintentionally. With this background, I have the following questions:

1. If I say some words to my wife (a metaphor or not) & immediately as an afterthought, I get an unintentional thought that pops up saying “what I said just now, meant as a divorce”, will that count as a divorce?

2. Do explicit or implicit divorces of people with OCD count if they are not totally in control of thoughts?

3. I have read that to avoid giving divorce because of waswasa, I can state to 2 witnesses that I do not intend divorce and if I do its because of illness. Is this a sharia acceptable process?

4. How to differentiate between intention and waswasa?

I follow hanafi fiqh.

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Asked on September 23, 2015 2:48 pm
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Private answer

1) No.
2) Divorce is not based on thoughts.
3) No.
4) Intention is a firm resolution to do something. Whilst ‘waswasa’ is a weird, stray satanic flash in the mind.

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Answered on October 1, 2015 6:02 pm