Q: I had read that hurmat-e-musaharah take place only if there was a lawful relationship. I just saw a post that if a man committed zina with a women he cannot marry his daugther. But if he wasn’t married to that women and was mislead by shaitan.
Below is what I found.
On the other hand Imam Shaafi (rahmatullahi alaihi) is of the view that hurmat-e-musaharah is established only through lawful intercourse and not through unlawful sexual intercourse or touching.
A: According to the Hanafi Mazhab, hurmat-e-musaaharah becomes established even through unlawful intercourse or touching the body of a woman with lust.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)