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

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: What remedial measures should one take if the son-in-law has been advancing and inviting his mother-in-law for sexual pleasures. And also reveals to his wife that he is thinking of her mother during family life in bed. Is the marriage valid? The discord of his wife becomes unbearable and brought the subject to me (paternal uncle) and another cousin of hers. Both the wife and her mother (my sister-in-law) has come with this complaint and I am disturbed and helpless. I referred to Suraah No 58 first 5 verses 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 the man any longer. She is seeking separation (Khula). Keeping in mind her father’s financial constraints and his health together with her future and their young children’s future, we want the marriage to be kept alive. Please help with appropriate reply. 

Bismillaah

A: If he has had any type of physical contact with the mother in law then the 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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