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Two years before, I had asked one question regarding “if nikah gets invalid due to homosexuality/sodomy with the wife’s grandfather (before or after the marriage)”. Though he was not interested and sleeping I touched his penis with wrong intention of doing zina in the sleep. After he realized that I am touching him, he removed my hand from there”. I had called Mufti Sahib and also consulted local Qazi, and I got the answer (on phone) saying it “does not” cause nikah to be invalid or I can marry his granddaughter (I already had married before I came to know this “masala” about nikah gets invalid in some cases and also about hurmat-e-musaharah). Since last two months, this thought is again and again coming in my mind that I should get this in written even though I was satisfied with the answers over the phone at that time. Kindly provide me the written answer to this question, so that I can concentrate on Ibadah and work.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Two years before, I had asked one question regarding “if nikah gets invalid due to homosexuality/sodomy with the wife’s grandfather (before or after the marriage)”. Though he was not interested and sleeping I touched his penis with wrong intention of doing zina in the sleep. After he realized that I am touching him, he removed my hand from there”. I had called Mufti Sahib and also consulted local Qazi, and I got the answer (on phone) saying it “does not” cause nikah to be invalid or I can marry his granddaughter (I already had married before I came to know this “masala” about nikah gets invalid in some cases and also about hurmat-e-musaharah). Since last two months, this thought is again and again coming in my mind that I should get this in written even though I was satisfied with the answers over the phone at that time. Kindly provide me the written answer to this question, so that I can concentrate on Ibadah and work.

Answer

(Fatwa: 226/H=81/TH=1433)

You committed a heinous act. It was nauseating and bad. However, it did not end or nullify your nikah with his granddaughter. Your nikah is still intact, though you committed this act before marriage or after marriage. In both the cases the ruling is the same.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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