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As salamo alaikum. I pray that you all are well and fine by ALLAH's grace.  One of the Imams in our masjid told a masla in his taqrir. He told that a father and his daughter both are travelling in a bike. The father is riding the bike while the daughter is sitting behind.As they are travelling in a bike, sometimes their body touches each other. Imam sahab tells that if there is a touch of body between the father and his daughter and if any type of warm feelings (sexual feelings) arise within any one of them, the nikah of the father with his wife becomes invalid and if the daughter is also married, then her nikah also becomes invalid. Imam sahab also tells that their nikah is broken in such a way that their nikah could not be done again.
Please make it clear that if Imam sahab is correct?
asked Nov 29, 2019 in Marriage (Nikah) by abdul400

1 Answer

Ref. No. 41/896

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

Hurmate Musaharat is a sharia term which means laws of prohibition in relation to marriage. As the legal sexual relation establishes Hurmate Musaharat and a man cannot marry mother in-law and wife’s daughter (if any by the previous husband) etc., similarly the illegal sexual relation and sexual foreplay establishes this Hurmat too. Touching or kissing a woman with lust is considered a sexual foreplay which sets up Hurmate Musaharat. If a man touches his daughter with lust, his nikah will be invalidated and the wife will be forbidden on him for lifetime.

Ulama say that Hurmate Musaharat applies when seven conditions are met which are hereunder:

1.        If one touches the body of a woman directly with lust without the barrier of a thick cloth in between to prevent the heat of the woman's body from being felt then hurmat-e-musaharat will be established.

2.      If one touches the hairs of a woman inside the head area with lust then hurmat-e-musaharat will be established but if he touches the hairs which are hanging beyond the head area then there is no Hurmate Musaharat.

3.      Touching any part of the body establishes the Hurmat e Musaharat if it is done with lust. Otherwise if it is not with lust it will cause no Hurmat. The sign of perceiving lust in a male is that he perceives movement in his private part or has an erection. However, if a person is old and cannot have an erection, then for such a person, perceiving lust in the heart is sufficient to establish hurmat-e-musaaharah. The sign of perceiving lust in a female is that she perceives lust in her heart.

4.      If a woman touches the body of a man and she says that she touched him with lust, so if the man thinks her true in her words, then the Hurmat will take place.

5.       The lust must be found during foreplay to establish Hurmat. If the lust was before touching or after that but throughout touching process there was no lust or arousal then Hurmate Musaharat will not apply.

6.      There must be no ejaculation in sexual foreplay. If one touches a woman and ejaculated due to lust then the Hurmate Musaharat will not take place.

7.       The touched girl must be above 9 years old. If a man touches a girl below 9 years of age, then Hurmate Musaharat will not apply.

So, in the above mentioned case, whatever Maulana told in his speech maybe true if he clarified all the details written above.

And Allah knows best

 

Darul Ifta

Darul Uloom Waqf Deoband

answered Dec 24, 2019 by Darul Ifta
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