Fatwa ID: 03959

Answered by: Maulana Jamal Ahmed

Question

Assalamualaikum,

I was having some doubts as to what the conditions for hurmate musaharah are? Please outline all the conditions if possible.

For example, If a person masturbates while thinking about a particular woman, does hurmate-musaharah take place?

P.s He has never touched the woman in real life.

        بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

If hurmate musaharah is established, the spouses will be haram for each other permanently and there will be no way to get back together.

Hurmate musaharah is established when a mature male looks with desire at the private part of the immediate female descendants or ascendants of his wife or touches any part of their body with desire which is either bare or it has so thin cloth over it that you can feel the warmth of the skin. The same ruling applies to the female who is nine years of age or over when she commits the above-mentioned things with the immediate male descendants or ascendants of her husband, for example, sons, father-in-law, son-in-law, daughters, mother-in-law, and daughters-in-law, etc. 

If the person who touched someone did not have the desire, but the one he touched had desire even then Hurmate musaharah is established.

Hurmate musaharah is established even if someone commits these actions mistakenly or forgetfully. 

The limit of desire in a man is that he has an erection due to desire or it increases due to it and the limit in a woman is that she feels a strong desire which distracts her attention.[1]

If someone just thinks of a woman with desire and masturbates due to it, this will not affect the marriage and hurmate musaharah will not be established, although such an action is sinful.[2] [3]

Only Allah knows best

Written by Maulana Jamal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham