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Annulling Marriage Through Touching with Lust

Answered according to Shafi'i Fiqh by Seekersguidance.org

Question: In the Shafi’i school, is it ever possible to annul a marriage by touching a relative with lust?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

No, touching a relative with lust would never annul a marriage in the Shafi’i school. (Minhaj al-Talibin) It would be sinful if done intentionally, whether touching someone of the opposite sex or the same sex.

So, for example, if a man touched his mother-in-law’s hand with lust, it would not annul his marriage to his wife. Similarly, if he touched his father-in-law’s hand with lust, it would not annul his marriage to his wife.

In general, when dealing with divorce and annulment of one’s marriage, one should not just apply one’s own understanding of the fiqh. Rather, one should take one’s particular case to a mufti who knows the whole context of what happened.

Sometimes a mufti will change his default stance based on what is happening psychologically and emotionally in the family as a whole, affecting his final judgment.

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years, he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.

 

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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