Hurmat Musāharah with my aunt

Answered according to Hanafi Fiqh by Askimam.org

I want to know if any adult young unmarried guy intentionally sees one of his maternal aunt/ paternal aunt/cousin sister/sister in law/ fully naked through peeping in bathroom, changing room, etc, for enjoyment, and for lust or watches their body parts through thin dress when she’s engaged in housekeeping work and intentionally peeps into dress from neck side for inner view of body and masturbates. Do all these acts come under major sins (zina or fornication)?

If any unmarried person of 24 intentionally touches body parts of married mother’s cousin sister (age 45) like her legs, put his arms around her shoulder, stays closer for touch, caress her back, waist etc, for enjoying body part with lust over her dress and his aunt considers all these things as love and affection of nephew. Is it zina (fornication) or what is the saza if there is Islamic ruling?

I did it with my mother’s cousin sister, when I was 18 unintentionally I saw my aunt fully naked taking bath at my granny place. After that I infatuated to her body, often I visited her house and sat beside her and put my arms around her shoulder, caress her back, waist, touches her legs, lie on her lap etc… And she never mined, and maybe she understood it as affection and love. One day when I went to her home, she was all alone, I sat beside her, put my one hand around her and kept close and in meantime Shaitān provoke me and with my one hand I squeezed her breast, after that she scold me and kept her  distance from me, and never mentioned it to anyone.

From that day I am very shameful of my doings to my aunt and I stopped visiting her house. Now I want to marry her daughter. Is it possible? Does it impact on the Nikāh of my aunt? Now what do I do? Will Allah forgive me? How do I ask for repentance?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu alaykum wa-rahmatullāhi wa-barakātuh.

You should understand that every form of licentious interaction with the opposite gender besides one’s wife is prohibited (Harām). Sharīah has clearly distinguished between Mahram (Unmarriageable kin) and Non-Mahram (Marriageable kin). Relatives such as cousin sister and sister in law are Non-Mahram. Segregation (Pardah) is necessary with marriageable relatives. You should refrain from interacting with such relatives in the future.

If there is a fear of temptation and indulging in sin as understood from reference then to one should abstain from interacting with even unmarriageable relatives.

Masturbation is prohibited (Harām). Also it is injurious to your health physically and spiritually. You should desist from committing such a vice act.  

All acts stated in reference are indeed Major sins and fornication (Zina) of the eyes and hands. Repent to Allāh Taāla for your loathsome and despicable acts.

The rulings of incest (Hurmat Musāharah) are delicate and intricate.

According to the Hanafi Mazhab, incest will be established between a man and a woman when one of them touches or kisses the other (without the barrier of a thick cloth) with Shahwat (lust).

It is also necessary for the establishment of incest that the lust is experienced at the exact time of touching.[1]

In the light of the aforementioned, Hurmat Musāharah will be established if you touched your maternal aunt (mother’s cousin sister) with the following conditions:

·        You touched her without the barrier of a thick cloth or the cloth was so thin that you felt her body heat.

·        While touching her you experienced lust (Shahwah).

As a result of Hurmat Musāharah, it is impermissible for you to marry your maternal aunt’s daughter.

And Allah Taāla Knows Best

 

Mufti Zaid M Shelia,
Student Darul Iftaa
Chicago, Illinois (USA)

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net   



[1]  قال في الفتح: وقوله: بشهوة في موضع الحال، فيفيد اشتراط الشهوة حال المس، فلو مس بغير شهوة، ثم اشتهى عن ذلك المس لا تحرم عليه.. رد المحتار على الدر المختار 3/33 دار الفكربيروت

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