Does The Divorce By A Man Someone Who Was Diagnosed With Schizophrenia Become Valid? May A Woman Get Divorced From Such A Spouse?

Fatwas

Does the divorce by a man someone who was diagnosed with schizophrenia become valid? May a woman get divorced from such a spouse?

A divorce becomes effective upon a person’s final decision and after this decision is expressed in a manner that is closed to interpretation. Divorces that do not meet this condition are not valid. Divorce of a man, who was diagnosed with schizophrenia and who cannot comprehend the things properly, is delusional, and is not aware of the potential results of his acts is not valid. The wife of such a person may file a lawsuit for a divorce. Someone who gets divorced in legal terms is also considered as divorced in religious terms (Sarakhsi, al-Mabsut, V, 97; Ibn al-Humam, Fath, IV, 273-274; Ibn Qudamah, al-Mughni, X, 55-56, 62).

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA