Fatwa ID: 07193
Answered by: Muftiyah Habiba Akhtar
Question:
When I was 13 years old, I touched my mother’s breast with bad intention. I touched it over her clothes. I do not have remember having any skin contact with her when doing this. I also believe that the cloth was thick enough. Although I had bad niyat in my heart, I do not remember experiencing any erection.
Now, I am 21. I have repented from this sin and have asked forgiveness from my mother and father.
Few days earlier, I got to know the masala of Hurmat Al Musaharah. Honestly, I believe the position of Hambali fiqh to be more closer to Quran and sunnah. I believe that until actual intercourse takes place, nikah of my parent does not break. Still, I am getting constant waswasa whether my parent nikah is broken? As this incident occurred many years ago, I do not remember the incident in any detail and I am not 100 percent sure of the facts mentioned
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Hurmat Musaharah is the prohibition of relations between certain people due to the existence of an relations that makes it unlawful.
This is explained below:
“Do not marry those [women] whom your fathers married.” (Sura al-Nisa 4:22)
When there have been relations between two people of close relations, it automatically makes that person unlawful.
Therefore, as the Quranic verse describes, the wife of one’s father becomes haram upon him due to the relations she’s had with his father. This scenario extends to other relations between family members and their partners. The basic concept is that upon marrying a certain person, via the marriage, a variety of relatives of the wife/husband become haram.
However, the case of Hurmat Musaharah is more detailed in the case of relations becoming haram due to unlawful relations.
Hurmat Musaharah establishes the relation of incest when certain conditions are met to deem Hurmat has been established.
Hurmat Musaharah rulings and establishment differ between schools of thoughts and according to the Hanafi Madhab, it is established when a man and woman touch (closely – thin cloth separating them or without clothes) or kiss each other with Shawah (desire/lust).
So, Shawah/lust at the moment of touch is required and this is discussed in Raddul Mukhtar (Volume 3, page 33, Darul Fikr):
“He said in Al-Fath: And he said: With desire in the place of the situation, it indicates the requirement of desire when touching, so if he touched without desire, and then had desired upon that touch, it is not forbidden”
Therefore, in order for Hurmat Musaharah to have taken place between yourself and your mother, the touching should have been intimate and there must have been Shahwah involved at the time of touching.
If there’s a case of genuine doubt and there’s no definite recollection but the thoughts and worry is based on doubts and fear, then it is best to overcome these doubts and uncertainty.
It is stated in Hadith:
Al-Hasan b. ‘Ali said:
“I have retained in my memory these words of God’s Messenger, “Leave what causes you doubt and turn to what does not cause you doubt. Truth is tranquility, but falsehood is doubt.”
(Mishkat al-Masabih 2773)
Only Allah knows best
Written by Muftiyah Habiba Akhter
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
