Hurmat-e-musaaharah becoming established through touching a woman with lust
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)
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.