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Son-in-law making advances towards mother-in-law

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: What remedial measures does one have to take if the son-in-law has been advancing and inviting his mother-in-law for sexual pleasures. He also reveals this to his wife that he is thinking of her mother during family life in bed. Is the marriage alive? The discord of his wife became unbearable and brought the subject to me (paternal uncle) and another cousin of hers. Both, the wife and her mother (my sister-in-law) have come with this complaint. And I am disturbed and helpless. I referred to Suraah No 58 first 5 verses and found it be a very admonishing sin and after hearing from another brother in Islam (source). Is it almost one talaq? Is the marriage still alive? The girl, my niece, does not want to live with this man any further. She is seeking separation (Khula). Keeping in mind her father’s financial constraints and health and for the livelihood future of hers and her young age (sinners wife) children’s future, we want the marriage to be kept alive. Please help with appropriate reply. 

Bismillaah

A: If he has had anytime of physical contact with the mother in law then marriage with his wife is not valid.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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