Fatwa ID: 04138

Answered by: Maulana Mubarak Patel

Question:

I touched my mom's private part due to the waswasa of shaitan, but I had no erection at that time. My mom was sleeping at that time and after a few seconds she woke up and I removed my hand. I didn't know what is hurmat e  musaharah that time. A few days later I knew about hurmat e musaharah. Does hurmat e musaharah happen only through touching?

Is there any clear evidence from Quran and sunnah that the marriage of my parents became invalid for only my touching?
 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

In accordance with the Hanafi School of Thought, Hurmat – Musaharah will be established when a male and female engage in adultery or fornication. Hurmat – Musaharah will also be established between a male and female when one of them kiss, touch, or look at the private part of the other with lust and without a thick barrier of clothing. The clothing should be thick to the extent that the body heat cannot be felt.  If one kisses or touches without lust or with a thick barrier of clothing, then Hurmat – Musaharah will not apply.

If in the above scenario, if there was no lust or erection, or when touching the body heat was not felt then Hurmat Musaharah will not apply and the nikah will still be valid.

One must strongly note that this action should never happen again and one must never put himself in a position where this type of action could occur.

Only Allah knows best

Written by Maulana Mubarak Patel

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

References-

Fatawa Hindiyya, Vol 1, Page 274, Maktabah Rasheediyah

Ahsanul Fatawa, Vol 5, Page 75, Saeed Company