Fatwa ID: 06116

Answered by: Alimah Zakiratul Hoque

Question:

I was lying down in bed and my daughter is 2 years of age was laying in the middle wife on left anyways my daughter’s foot was touching my private area I was fully clothed I had my underwear and joggers on at the time I thought it was my wife bare in mind I couldn’t feel any heat, I’m not sure if I was erected if I was did it increase not sure lust also not sure if I did it was for wife but yeah I have doubts definitely regarding the erection and lust is not fully 100% convinced by I am 100% sure I felt no body heat from her foot but she is 2 YEARS OLD I have read on Mufti Tosir sahibs previous fatwas that the male has to be 12 and girl 9.

Divorce question does divorce occur when my wife was arguing I wasn’t angry or arguing back my wife accidentally broke my daughter’s bed and I said nothing 30 minutes later my mum came in the room and I said you could have either go around the cot or gone around does in this situation as it was 30 mins later I said go around cot or gone? I had no intention of divorce, similar situation my wife was putting my daughter to sleep and I was on phone talking or shuffling in bed and she said to go downstairs and I said no you go downstairs but I had no intentions of divorce in both situations no topic of separation was brought up.

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

Answer:

المس إنما يوجب حرمة مصاهرة إذا لم يكن بينهما ثوب أما إذا كان بينهما ثوب فإن كان صفيقا لا يجد الماس حرارة الممسوس لا تثبت حرمة المصاهرة و إن انتشرت آلته بذلك

“Touching only results in Hurmat Musaaharah when there is no cloth in between the 2 individuals. If there is a cloth between them, if it is such that no heat can be felt through it, then Hurmat Musaharah is not established, even if there is an erection.”

As for your divorce questions:

فركن الطلاق و هو اللفظ الذي جعل دلالة علي معنى الطلاق لغة و هو التخلية و الإرسال و رفع القيد في الصريح و قطع الوصلة و نحوه في الكناية

“The pillars of divorce are such a word that indicates to the meaning of divorce linguistically, and that is separation, sending, and the lifting of restriction in explicit divorce; and cutting off ties and similar things in the implicit divorce.” (Badai Al Sanai, Vol 4, Pg 264)

Telling your wife to go around the cot or to go downstairs does not imply divorce in any way, therefore, no divorce took place.

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham