Fatwa ID: 09429
Answered by Muftiyah Humairah Badshah
Question:
A person is asking a very delicate question he says that at one time he hugged his mother, she was wearing a scarf and her abaya and he was wearing his Kurta and topi, when he hugged her he had no intention of Shawat but as he hugged her for one moment he felt a slight move in his private part but it did not cause an erection fully, rather just a slight movement, he wants to know if Hurmate musaharat is established ? the person says that he is in doubt as to wether he felt the heat of his mother’s body at the time of hugging and he says that their was no skin contact at all, he says that felt the shape of her breast as they hugged also he says that he had no desire at that time but he did feel a slight movement in his private part but it never caused a hard erection it just moved it from its place abit, before he hugged her it was a janazah so he hugged her out of grief and that happened.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
No, Hurmat-e-Musaharah has not occurred in this case.
A barrier of normal clothing, and especially several layers of normal clothing, would prevent Hurmat-e-Musaharah.[1] This is because a condition of touch which may cause Hurmat-e-Musaharah is that it be direct without a barrier or through extremely thin cloth such as lace or very sheer materials which allow actual body heat to be felt through them (not just the warmth of worn clothes).[1]
In general Hurmat-e-Musaharah is a delicate and complex subject which requires a holistic understanding of the rulings involved. One should not try and apply it themselves or worry about it unduly. If a specific and serious incident occurs again, one should consult a qualified scholar for further advice. Outside of this, one should put such matters out of their mind.
Only Allah ﷻ knows best.
Written by Muftiyah Humairah Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
ثُمَّ الْمَسُّ إنَّمَا يُوجِبُ حُرْمَةَ الْمُصَاهَرَةِ إذَا لَمْ يَكُنْ بَيْنَهُمَا ثَوْبٌ، أَمَّا إذَا كَانَ بَيْنَهُمَا ثَوْبٌ فَإِنْ كَانَ صَفِيقًا لَا يَجِدُ الْمَاسُّ حَرَارَةَ الْمَمْسُوسِ لَا تَثْبُتُ حُرْمَةُ الْمُصَاهَرَةِ وَإِنْ انْتَشَرَتْ آلَتُهُ بِذَلِكَ وَإِنْ كَانَ رَقِيقًا بِحَيْثُ تَصِلُ حَرَارَةُ الْمَمْسُوسِ إلَى يَدِهِ تَثْبُتُ
Al-Fataawa Al-Hindiyyah (Daar Al-Fitr, https://shamela.ws) v.1 p.275
قوله: بحائل لا يمنع الحرارة) أي ولو بحائل إلخ، فلو كان مانعا لا تثبت الحرمة، كذا في أكثر الكتب
Radd Al-Muhtaar (Halabi ed., Daar Al-Fitr, https://shamela.ws) v.3 p.32