Fatwa ID: 02791
Answered by: Maulana Imran Mughal
Question:
Assalamu Alaikum Wa Rahmatullah
I got a proposal from someone. He is a good religious man now but ten years before he touched my mother’s hand once with a sinful/lustful intention not more than that. My mom didn’t get to know about his intentions but immediately he repented and that he would not do that again and at that time he didn't know that he will be having a chance to marry me.
So now if I marry this person will our marriage be permissible or not. It happened ten years ago. Also now everyone knows I'm getting married to him it's so hard to leave each other and to convince the family around.
As we are marrying shall we stop this marriage? Hanafi imam says it's Haram. Other imams say it's valid. If I'm afraid to fall in sin can I marry on the opinion of other imams? Or should I not? If we should not then please provide us with the evidence of all four imams and your opinion. JazakAllah khair
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
If the man you are planning to marry touched your mother’s hand without a barrier and he felt lust exactly when he touched her, then he cannot get married to you as you have become haram upon him.[1]
The evidence used for establishing this ruling is derived from Surah 4 Verse 23. The Hanafi position for including touching someone with lust as part of making specific female relatives of the woman he touched impermissible to marry is due to touching with lust being a reason that leads to intercourse.[2]
It has also been narrated from the Prophet (peace be upon him) that he said: “Whoever looks at the inner frontal private region of a woman, her mother and daughter are no longer halal for him (in marriage).”
Now if looking brings about the same ruling, so should touching, due to the fact that looking is of a lesser degree than touching when it comes to the establishment of rulings regarding both.[1]
As for the positions of the other schools, this Darul Ifta only deals with Hanafi Fiqh.
Only Allah Ta’ala knows best
Written by Maulana Imran Mughal
Checked and approved by Ustadha Sabrina
Darul Ifta Birmingham
[1] Imam Kasani, Bada’I as-Sana’I (Beirut: DKI, 2003), 3:426.
[1] Shaykh Nizam, Al-Fatawa al-Hindiyyah (Beirut: DKI,2000), 1:302.
[2] Imam Marhgaynani, Al-Hidayah (Karachi: Maktabah al-Bushra, 2014), 3:14.
