Did Hurmat Al-Musaharah happen in this situation?

Fatwa ID: 03074

Answered by:  Maulana Nabil Khan

Question:

Assalamu Alaikum Wa Rahmatullah

Forgive me for being explicit in my asking. Here is the situation:

 

An unmarried man and a married lady were, unfortunately, talking and flirting with each other on social media.

The man sent a video on Instagram of his nude erect private part to a married woman during a conversation.

She clicked on the video (not knowing it was a nude video clip) and viewed it. She can't remember if she felt lust at the time when she saw it or felt lust AFTER clicking off the video. However, quickly went off it.

She and the man have repented sincerely and repented, vowing to never return to this wrongful act.

Questions:

1)In this situation, would hurmat al musaharah be established?

2)does viewing a man's private part *with lust* via a digital/virtual means such as a photo or video clip etc establish Hurmat Musahara?

Answer:

 

In The Name Of Allah, The Most-Merciful, The Most Kind

 

Hurmat Al-Musaharah is the concept in Islam that when a man and woman engage in intercourse certain relatives will become impermissible to marry the person and can never marry such relatives.

Hurmat Al-Musarah is established by 2 methods; First being the permissible way which is through marriage. Second, being through intercourse out of wedlock. In both cases, the ruling will be such that relatives such that the mahrams will become haram to marry in the future. This rule has the condition of penetration i.e complete intercourse according to the Hanafi school of thought.

Therefore in the case mentioned above, hurmat al-musaharah will not be established and those people who would become mahrams in hurmat al-musaharah will not become marhams in such a case.

With that being said photos, video clips will not establish hurmat al-musaharah.

Reference:

Al-Fatawa Al-Hindiyya Volume 1 pg 305.

 

Only Allah knows best

Written by Maulana Nabil Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

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