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Hurmat-e-musaaharah becoming established through touching a woman with lust

Answered according to Hanafi Fiqh by Muftionline.co.za

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.

Bismillaah

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)

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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