Hurmat-e-Musahirat – Inappropriate Touching

Answered according to Hanafi Fiqh by ShariahBoard.org

As Salaamu Alaykum wa Rahmatullahi Wa Barakaatuh

Hazrat, please bear in mind, I am not after any references if time is of the essence, and short answer will suffice. Please also note this question is of sensitive nature, but Islam encourages to ask if we do not know.

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My question is:

If a father touches his daughter, or look sat her with lusfal gazes is his nikah with his wife terminated unconditionally?

If true how literal do we mean? Is it safe to say that if he inhibits paedophilia-like desires/impulses towards his daughter at the point when she’s mature then the nikah is terminated?

In addition, what if thoughts of another women comes to his mind as a result of looking at his daughter is the nikah terminated?

Please clarify clearly, and factually. This question is of great concern to me, and my wife.

 

Jazak’Allah.

الجواب وبالله التوفيق

  • Thinking about someone else other than your wife with shehwat(i.e. the feelings of lust) does not invalidate your Nikah with your wife.
  • Hurmat(becoming haramor impermissible) does not take effect just by seeing someone with shehwat although this in itself is an action of abomination. However if someone saw the inner private part with shehwat then it will constitute and authenticate Hurmat.
  • If a father touched his baligh(mature) or mushtahāt daughter with shehwat in such a manner that her body did not have clothing or the clothing was so thin that the warmth of the body was felt, then this action will constitute and authenticate Hurmat.

If the girl was not balighor mushtahāt then it will not constitute Hurmat. Similarly if by touching her ejaculation happens, it will not constitute Hurmat.

 

The meaning of mushtahāt is a girl who has the feelings of shehwat; such age is usually at least 9 years. The meaning of shehwat is that by touching a flaccid private part becomes aroused and if it was already aroused the touching further intensified such arousal.

واللہ اعلم بالصواب

 

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