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Would the Hurmat Musaharat in This Situation Nullifying My Brothers Marriage

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Mufti Muhammad Afzal Hussain

Question

Please can you tell me to answer my following questions as it has been worrying me and playing on my mind?

A few years ago I picked up my brother’s daughter off a roof she was sitting on and without intention, felt lust when I was carrying her. She was eight or nine years of age at the time.

I understand that it would never be possible for my niece to marry my children or me to marry my niece’s mother, grandmother, etc, which would not happen anyway.

But would this invalidate my brother’s marriage to his wife, my niece’s mother?

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

Answer:

Allah the Exalted said:

  1. “No person earns any (sin) except against himself, and no bearer of burdens shall bear the burdens of another.” [Al-An’am:164]
  2. “No one laden with burdens can bear another’s a burden.” [Al-Isra:15]
  3. “And no bearer of burdens shall bear another’s a burden; and if one heavily laden calls another to (bear) his load, nothing of it will be lifted even though he be near to kin.” [Fatir:18]

Therefore, your lust towards your 8/9 years old niece would not invalidate the marriage of your brother to the mother of your niece.

Furthermore, there is a detailed answer regarding the topic of Hurmat Musaharat on the website.

Only Allah Knows Best

Written by Mufti Muhammad Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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