Is There Hurmat Musaharah by Committing Zina With One’s Aunty

CategoriesMarriage [586]

Fatwa ID: 05239

 

Answered by: Mufti Mohammed Tosir Miah

 

Question

 

If a person has committed wrongful acts with his mahrams married Aunts (two or three father’s sisters and a mother’s sister) and mamu’s wife (mami). I mean, he had the sexual desires/lust, etc. Touching them/feeling them, wetting himself, i.e. sexually aroused, not the actual zina, but anything short of that. They don’t know anything about his state/emotions. Such that hurmat issue comes into force, he is single that means all of his already married aunts’ and mammi’s Nikkah remain intact/valid?

 

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

 

Answer

 

If someone had unlawful relations with the above-mentioned relatives, their marriages will remain intact; however, the laws of hurmat musaharah will be established.  [1]

 

Musaharah refers to the relationship created between two people through marriage. A person is forbidden from marrying certain relatives of his partner due to the relationship of marriage. This forbiddance is referred to as hurmat musaharah.

 

Hurmat musaharah forbids specific men from marrying specific women. The laws will be established when there has been unlawful contact between a male and female with the following conditions:

  • Lust is experienced at the time of touching
  • Contact was made without the barrier of a thick cloth a cloth was thin enough that body heat was felt [2]

 

As a result of Hurmat musaharah, four types of relatives become forbidden to marry:

  • The father, grandfather, great grandfather, etc are forbidden upon the wife.
  • The mother, grandmother, etc are forbidden upon the husband.
  • The son, grandsons, etc of the husband are forbidden upon the wife.
  • The daughter, granddaughter, etc of the wife is forbidden upon the husband. [3]

 

Therefore, it will be impermissible for a person to marry the daughters of any of the above-mentioned aunties.

 

These aunties are a person’s mahrams; however, they must abstain from interacting with them if there is a fear of fitna (temptation). One who has committed such an act must seek the forgiveness of Allah Ta’ala.

 

 

Only Allah Ta’ala knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

[1]

فَالْمُرَادُ هُنَاأَنَّ الرَّجُلَ كَمَا يَحْرُمُ عَلَيْهِ تَزَوُّجُ أَصْلِهِ أَوْ فَرْعِهِ كَذَلِكَ يَحْرُمُ عَلَى الْمَرْأَةِ تَزَوُّجُ أَصْلِهَا أَوْ فَرْعِهَا.

)رد المختار ج٣\ص٣١ (

 

[2]

وَالْعِبْرَةُ لِلشَّهْوَةِ عِنْدَ الْمَسِّ وَالنَّظَرِ لَا بَعْدَهُمَا

)رد المختار ج٣\ص٣٣ (

 

[3]

)وَ) حَرَّمَ الْمُصَاهَرَةُ (بِنْتَ زَوْجَتِهِ الْمَوْطُوءَةِ وَأُمَّ زَوْجَتِهِ) وَجَدَّاتِهَا مُطْلَقًا بِمُجَرَّدِ الْعَقْدِ الصَّحِيحِ (وَإِنْ لَمْ تُوطَأْ) الزَّوْجَةُلِمَا تَقَرَّرَ أَنَّ وَطْءَ الْأُمَّهَاتِ يُحَرِّمُ الْبَنَاتِ وَنِكَاحَ الْبَنَاتِ يُحَرِّمُ الْأُمَّهَاتِ وَيَدْخُلُ بَنَاتُ الرَّبِيبَةِ وَالرَّبِيبِ.

)رد المختار ج٣\ص٣١ (

 

 

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