Mufti Online — Madrasah Ta'leemuddeen

Hurmat-e-musaaharah becoming established through touching a woman with lust

· 26 Jumada II 1440 AH1 min readEnglish

Question

I had read that hurmat-e-musaharah take place only if there was a lawful relationship. I just saw a post that if a man committed zina with a women he cannot marry his daugther. But if he wasn't married to that women and was mislead by shaitan.

Below is what I found.

On the other hand Imam Shaafi (rahmatullahi alaihi) is of the view that hurmat-e-musaharah is established only through lawful intercourse and not through unlawful sexual intercourse or touching.

Answer

According to the Hanafi Mazhab, hurmat-e-musaaharah becomes established even through unlawful intercourse or touching the body of a woman with lust.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/28828
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-28828

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