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CONTENTS

PREFACE

1

ALLAH T A 1 ALA'S COMMAND

HURMAT-E-MU SAHARA A VERY DELICATE MAS ' ALA 4

WHAT IS HURMAT-E-MUSAHARA ?

8

AHAADITH RELATING TO TliE LAW OF
HURMAT-E-MU SAHARA AND NARRATION'S

FROM SAHABAS

8

A FEW LMPORTANT POINTS MADE BY THE ULAMAAS 10

A FEW WORDS AND IMPORTANT ADVICE ON 10

HURMAT-E-MU SAHARA BY HAKIMUL UMMAH
HADHRAT MOULANA ASHRAF ALI
(RAHMATULL AHI- a r . a m\ 11

THE FOLLOWING MAS A'lL HAVE BEEN TAKEN FROM
HADHRAT MOULANA ASHRAF ALI THANVTS
(RAHMATULL AHI- AL AM) BEHI SHT I ZEWAR 1 5

RASULULLAH (SALLALLAHU ALAIIil WASALLAM'S)
CLEAR WARNING AGAIN ST MALES AND FEMALES
STAYING IN SECLUSION TOGETHER

5

QUESTIONS AND ANSWERS THAT HAVE, ARISEN
FROM SITUATIONS WHERE HURMAT-E-MUSAHARA
HAS APPLIED

16

QUE STION S INVOL VING THE FATHER-IN-LAW 1 7

■

AN IMPORTANT MAS* ALA TO REMEMBER

20

QUESTIONS INVOLVING THE DAUGHTER

21

QUESTIONS CONCERNING THE MOTKER-rN-LAW

24

QUESTIOM . ONCERMNG THE STEP MOTHER

29

QUESTION CONCERNING UNLAWFUL RELATIONSHIP

29

CONDITIONS FOR HCJRMAT^E-MUSAHARA TO APPLY

30

,

LIST OF PERSONS THAT BECOME UNLAWFUL WHEN
HURMAT-E-MUS AHARA APPLIES

31

RASULULLAH (SALLALLAtl U ALAHII WASALLAM): AN

EXAMPLE TO THE UMMAH

$4

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♦ I

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(ftrfAjll OM>ll M

Having been blessed by Allah Ta'ala with the opportunity of
delivering lectures in different parts of the country and having
touched on the subject of Hurmat-e-Musahara> I realised that
people not only have very little of no knowledge at all about
this Mas'ala, but are also seen to be extremely careless

regarding this Mas'ala. Although this problem is found mostly
in weddings, it is rapidly increasing in homes.

<V

■

The amount of questions people have asked me reg

concerning Hurmat-e-Musahara has been the main

behind this kitaab. One would find it hard to
believe the type of questions that have been asked, although
none of these questions and answers have been included in the
kitaab due to reasons, but it is sufficient to say that today part

of this Ummah is
Israaeel did.

oing

the same phase as the Bani-

Hadhrat Abdullah Bin Amr (Radhiallahu-anhu) reported that
Rasulullah (Sail all ahu alaihi wasallam) has said :

For sure a time

come over my

similar to

that which came over the Bani Israeel. Just like one
sandal is identical to another, if someone from them
(Bani Israeel) committed fornication with his mother
openly t there will (also) appear someone from amongst

my Ummah who will do the same.

D

(Mishkaat)

PAGE1

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sole aim of this kitaab is to make the Muslim males and

females

aware of the law of Hiirmat-e-Musahara in order that

may remain cautious

pure life.

consequently live a chaste and

Alhamdulillah, it is the Grace of Almighty Allah Ta'ala, the

most Powerful and Exalted, that He enabled the completion of
tliis Kitab on the Day of Arafaat,

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16 m April 1997

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ALLAH TA'ALA'S COMMAND

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(O' Rasul) "Tell the believing men to lower their eyes and
guard their private parts : For that will make lor greater purity
for them : For sure Allah is well aware of all that they do, And
tell the believing women to lower their eyes and guard their
private parts : And that they do not display their beauty."

(SuraNur : Verse 30/31)

.$*•

PAGE 2

PAGE 3

•

HURMAT

MUSAHARA, AVERY

DELICATE MAS* ALA

Islam is a complete way of life. It guides a Muslim in his/her
beliefs, worship, dealings with others, social life and morals. It
shows what to do in times of happiness and sadness, weddings

and death etc. Yet it is sad to say that the Muslims are
neglecting the laws of Sharfah. This can be clearly seen at

engagements and weddings where free mixing of the sexes has

to such an extent that very few seem to notice that what
happens is completely against the SharTah,

With regards to the above, Rasolullah (Sallallahu alaihi
wasallam) has given a stern warning by saying:

"Three types of people will never enter

L) A Day yo us.

2.) A female who imitates the ways of a male.

3.) An alcoholic** (A drug addict is in the same category

as an alcoholic. Alcohol and drugs are both
intoxicants.)

Sab aba (RadluaUahu-anhuma) enquired as to who a

Dayyous is;

Rasulullah (Sallallahu alaihi wasallam) replied :^ S~

"The person who does not care about who comes and

goes from the female members of his family**

(Jam'ul Fawaaid)

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PAGE 4

si

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Rasulullah (Sallallahu

wasallam) has forbidden a male

from walking in between two females.

(Abu Dawood)

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A mixed audience of males and females, young and old,
observe a father-figure lead his daughter, arm in arm, up to the
stage. They all witness the father-in-law place a wedding ring
on his daughter-in-law's

and they watch him kiss,

embrace or shake hands with her. They all witness the mother-
in-law embrace, caress and kiss her son-in-law and place a
wedding ring on his finger. They all witness the females touch

the bridegroom and take the "Balaah" Has Shari'ah not
declared this unlawful ?

I

Rasulullah (Sallallahu alaihi wasallam) has clearly told the

Ummah that:

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Fornication of the hand is to touch."

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Rasu

(Sallallahu alaihi wasallam) has also said that :

"For an iron rod to be driven into your head is better

than touching a woman who is not lawful for you." (The

same applies for a woman to
lawful for her.)

a man

is not

(Tibnini, Baihaqi)

PAGE 5

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These

are

just some of the major sins committed at

engagements/weddings.

list of other sinful western

imitations and innovations are endless.

These abominable sins take place in front of family, friends and

Yet these sins have become so common that no -one
realises that there is a law called "Humat-e-Musahara" which

■ *

applies directly to some of these activities. Not only do these
activities lead to destruction and punishment in the Hereafter
but they can also lead to the PERMANENT breaking up of

engaged and married couples according to the Sharee Law.

■

It is worth noting here that in the case where Talaaq-e-
Mughallazah takes place (whereby a husband pronounces
Talaaq thrice to his wife,) should the concerned couples wish to
re-unite, then the Shari'ah has, as a last resort reluctantly

allowed recourse to a method known as Sharee Hataala* ,, Yet,

♦

*$haree Halaala is when a woman who has been given Talaaq-e-

completes her Iddat i,e. the waiting period (this will be 3

menstrual periods for a woman who still has
Monthly cycles, 3 mo

due to health reasons/a woman p ast the age of mo nthly cycles and a
pregnant woman's Iddat will be until the child is delivered) then gets
married to someone and has intercourse with the person, Thereafter if
her present husband coincidental ly dies or for some reason divorces

96

for a woman who does not have periods

her then she will complete the appropriate Iddat (Iddat of death is 4
months and 10 days and for divorce it is as mentioned above) and
only then will it become lawful for them (the first couple) to re-marry.

PAGE 6

«*

«

in the instance where engaged/married couples have become
unlawful on each other because of Hurmat-e-Musahara they
have absolutely no means of recourse to any form or method of
man>nng/remanying should they wish to do so,

If the engaged/married couple do not separate, their living

together will be unlawful, a major sin and fornication.

All this in turn leads to destruction, heartbreak and lives are
lived in regret. A great number of households have been ruined

in this way. (

Jt is important to remember that this matter cannot be ignored

M^ _M_ -- ■

or taken lightly else the
grave sin is very severe.

in the Hereafter for this

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Sometimes, immediately after the engagement takes place, the
peonle involved commit an act which causes a Sharee rule to

apply, due to which the couple cannot marry. Often soon after
the Nikah ceremony has taken place in the Masjid, something
happens in the wedding hall, registry office or home that makes
it necessary for the newly wed couple to separate straight away.

All this happens because people are either ignorant to the laws

of Shari'ah or have knowledge about Sharee Laws but simply

to \ 1 w

own desires and turn their backs on Shari'ah,

The Ulamaa and Islamic Jurists have compiled many books on
the ruling of Shari'ah pertaining to Hurmat-e-Musahara. The
Ulamaa have undergone such laborious and painstaking tasks of
compiling vital Sharee rulings solely for safeguarding the
Ummah from vices and social evils as mentioned above. (It is

PAGE 7

now the Ummah's responsibility to learn and practise upon

these laws.)

WHAT IS HURMAT-E-MUSAHARA?

Hurmat-e-Musahara is a law of Shari'ah that forbids specific

males from marrying specific females. This law applies when-
their has been unlawful contact between a male and a female

(intentionally or unintentionally) within certain conditions
laid down by Shari'ah,

Sometimes this law applies to engagedVmarried couples, hence
making it compulsory for the couple to separate immediately.

AHAADITH RELATING TO THE LAW OF

HURMAT-E-MUSAHARA AND

■

N ARRATI ON

3

FROM THE SAHARA.

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RasuluUah (Sallallahu alaihi was all am) has said :

"If a male looks at the private part of a female with
lust/desire, her" mother and daughter

become

unlawful on him.

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(Fat Hul-Qadeer : Volume 3 : Page 131)

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Rasulullah (Sallallahu alaihi wasallam) has also said :

a

a male touches a female with lust/desire her mother

and daughter will become unlawful on him."

(Kanz-Ud-Daqaaiq : Page 93 : Footnote)

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Hadhrat Ibne-Umar (Radhiallahu'anhuma) narrates ;

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If a) male has intercourse with a female, kisses/touches

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her with lust or

female becomes

looks

her private part with lust, the
on the male's father and son,

and the females daughter and mother become unlawful

on the male."

(Fat-Hul-Qadeer : Volume 3 : Page 131)

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Someone told Hadhiat Ibn Abbas (Radhiallahu-anhu) that he
had committed fornication with his mother-in-law, Ibn Abbas

replied :

"Your wife has become unlawful for you.

(Ainee : Volume 16 :

»

293)

PAGE 8

PAGE 9

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"Abu Bakr ! The

with the daughter,
with you,"

is not far, Do not sit alone

i third person to be present

(Me*y ft r u s-Sulo oq)

Hadhrat Imran Bin Al Hussain ( Radluallahu-anhu)

"If a person commits fornication with his mother-in-law,
both his mother-in-law and wife wili become unlawful
on him.**

(Ainee : Volume 16 : Page 294)

G>**) W^ *> ^

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Ui-vaJ-' -ji d)l j** Jti

A FEW IMPORTANT POINTS MADE BY

TH E ULAMAA

The

have repeal

the importance of the

following things:

Mother-in-laws should stay well away from
their son-in- V^"

laws and vice versa. am

Father-in-laws should stay well away from their

daughtcr-in- laws and vice versa, /^X - *

Mothers should be very careful with their young

sons.

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Fathers should also be very careful with their

young daughters. j*\

Who could be more safer from Shaytaan than Abu Bakr

■

(Radhiallahu-anhu) and Aaisha (Radhiallahu-anha), yet once

when Rasulullah (Sallallahu alaihi wasallam) saw Hadhrat Abu
Bakr (Radluallahu-aiihu) sitting alone in the house with his
daughter Hadhrat Aaisha (Radhiallahu-anha), he exclaimed :

PAGE 1

has praised both Hadhrat Abu Bakr and Hadhrat

Aaisha* s
Qur'an)

in

verses of the Holy

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It is clear from the above points made by the Ulamaa that

The mother-in-law must not touch, embrace, kiss or
place the ring on the son-in-law's finger.

The father-in-law must not touch, embrace, kiss or
shake hands with the daughter in law.

The father must not lead his daughter on to the stage
by hand, shake her hand or embrace her.

■
-

THE

SHAYTAAN

CANNOT

NEITHER CAN THE NAFS

BE
(SELF

TRUSTED

IS

A

HIGH

CHANCE

OF

"HURMAT-E-MUSAHARA

>3

APPLYING

>

IF THE

PERSONS MENTIONED ABOVE DO NOT TAKE
HEED FROM THE ULAMAA' ADVICE.

A FEW WORDS AND IMPORTANT ADVICE

ON

■

HURMAT-E-MUSAHARA BY HAKIMUL

UMMAH
HADHRAT MOULANA ASHRAF ALI THANVI

(RAHMATULLAHI-ALAIH)

Hadhrat Thanvi (Rahmatullahi-alaih ) says :

PAGE 1 1

If a man touches bis mother-in-law or his wife*s

daughter (from his wife ■' s previous or c urrent marriage)
with lust, thinking that it is his wife, then realises his

:

mistake and immediately takes his hands off, his wife
will still become unlawful for him.

The wife becoming unlawful here is not as a form of

punishment, but is due to the natural implication of

consequences of the act. A perfect example of this is :

a person

poison

intention of

harming himself, he will still be harmed or even ki I led,
because it is the nature of the poison to kill.

In exactly the same way spiritual activities and deeds
bring about its natural effects even when a person has no
deliberate intention of harming oneself These spiritual
influences are known and understood by Rasulullah
(Sallallahu alaihi wasallam) and also known by the
people who are experts in SharTah (Ulamaa.) C

NOTE :
if tli e

P unishment in the hereafter will only be inflicted

is touched with intent (The
female, touches a male.)

applies if a

♦

Sometimes men put their hands (with lust/desire) on
their son's wife (daughter-in-law) by mistake or through

mischief In either case the daugliter-in-1 aw will become
unl awful on her husband. (She will become unlawful for
his son)

Some people

an even greater questioning of this

Mas'ala, In the first instance (when the man touched his

PAGE 1 2

■»

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mother-in-law

or

s daughter from his wife's

previous or current marriage) it can be said that the wife

had been made unlawful because her husband made a
mistake; that he did not take extra precaution in looking
at who he was touching, Yet in this instance, the man
whose wife has become unlawful on him is faultless;
What has he done that makes him take the full burden of
the consequences?

The answer to this question is the same as

earlier P That is, it is not a punishment on him but it is

the nature of the act

leads to this conclusion.

Note here that the special effect of this act is established

by the Shari J ah.

Due to the delicate nature of the law of Hurmat-e-
Musahara it is very important that none of the above
mentioned females (mother-in-law, daughter-in-law and
wife's daughter, whether from him or a previous
husband) should be present where the wife sleeps. If for
some reason other females have to be

at the

wife's sleeping place, then until the wife is not called
and the wife's voice is not heard in reply, the husband

must not touch her.

* One must not rely on his knowledge of his wife* s
bedding etc. Relying on this can lead to making
regrettable mistakes, *

one has to take anything from the afore mentioned

one must be extremely careful and make

females

sure

the male's hand does not touch the female's
One must not trust his/her base desires. If the

PAGE 1 3

hand touches, and

and

so feelings of excitement

develops in the man or woman, then Hurmat-

e-Musahara will apply.

mes one does not know what the feeling in the

other persons heart is; So
the law of Hurmat-e-Musahara?

how can one

on

And if one knows that lust emerged in ones own heart

■

one will feel too shy to reveal it in fear of what

people will think and
say.

This will result in a person doing unlawful activities for
the rest of his/her life.

(Islahe-Inqilaah-e-Ummah : Volume 2 : Page 59-60)

BY NO MEANS J)0 ANY OF THE ULAMAA SAY THAT

USPICIONS ABOUT

DAUGHTERS

THEIR FATHERS, SONS ABOUT MOTHERS, DAUGHTER-
IN-LAWS ABOUT FATHER-IN-LAWS ETC. THERE IS NO

DOUBT ABOUT IT; THEIR RIGHTS MUST BE FULFILLED
AT ALL TIMES. BUT WHAT THE ULAMAA ARE SAYING
IS THAT CARE MUST BE TAKEN AT ALL TIMES SO

THAT HURMAT-E-MUSAHARA DOES NOT APPLY AND
A MAJOR MISTAKE IS NOT MADE, BECAUSE IT COULD

LEAD TO THE PERMANENT BREAKING UP OF A WELL
SETTLED AND UNITED FAMILY. ^

S*

THE FOLLOWING MASA> IL HAVE BEEN

TAKEN FROM HADHRAT MOULANA

ASHRAF ALI THANVTS (RAHMATU LL AHI

ALAIH) BEHISHTI ZEWAR

If a female touches a man with lust, the female's
mother and daughter cannot marry that man.

a

Ml

touches a female

lust, the man cannot

many that female's mother and daughters,

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If a man goes to wake his wife up in (he night and
mistakes his wife's daughter (from his wife's previous or
present marriage,) or his mother-in- law, to be his wife,
he touches either of them with lust and desire, his wife
will become unlawful on him. There is no way for them
to become lawful on one another and it is compulsory
for the husband to divorce his wife.

(Part 4

Page 52)

f

RASULULLAH (SALLALLAHU ALAIH I
WASALLAM'S) CLEAR WARNING

AGAINST MALES AND FEMALES STAYING

IN SECLUSION TOGETHER.

It is unlawful for a male and female to stay in seclusion

together.

The

be if they do.

Ahaadith proves how dangerous it can

PAGE 1 4

PAGE 1 5

HADITH 1

Hadhrat

Umar

(Radhiallahu-anhu) narrates

Rasulull ah ( S alia) lahu

wasallam)

from
when

somebody is alone with a female the Shaytaan i a the

third.

(Tirmiz'O

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HADITH 2

Rasulullah (Sallallahu

wasallam) has

entry to

the homes of those females whose husbands are not present,

*

and the reason given by Rasulullah (Sallallahu alaihi wasallam)

is that :

it

The Shaytaan flows in the human body like blood"

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AND ANSWERS THAT HAVE

ARI SEN f c

FROM SITUATIONS WHERE HURMAT-E

f

MU SAHARA

V

A

HAS APPLIED

As it can be seen from the Aliaadith mentioned earlier, there is
a chance of a sin being committed when a male and female are

If a sin is committed, even if it may be just touching

with hist, the law of Hurmat-e-Musahara may apply.

The following questions on Hurmat-e-

are just a few

from the many that can be found in various kitaabs. The
Ulamaa who have written the kitaabs have been asked these

questions by people, The importance of remembering the law
of Hurmat-e-Musahara is seen in the questions, The Ulamaa 1

answers to the questions show critical consequences lhat may

occur if Hurmat-e-Musahara is not given due importance.

*

times of corruption and evil,

have said that it is necessary for the females to do Purdah in

the presence of their father 4n-laws. *
^ (Islahe-Khawateen ; Page 549)

For the young father-in-law to stay alone in the house with the
daughter-in-law is Makrooh, If there is any chance of a sin

being

then it is

*

INVOLVING THE FATHER-IN

LAW

QUESTION

wile lives at her husband's house. Her father-in-law

also lives in

same house.

After sometimej the wife goes back to her parents house,
and she is now accusing her father-in-law of touching

her with evil intentions. There are no witnesses to the

incident.

PAGE 1 6

PAGE 1 7

-

ANSWER

If the husband is convinced that his wife is speaking the

truth she will become unlawful on him, but the marriage

will not break until the husband does not divorce the

wife.

the

husband

is not convinced by his wife's

accusations, she will remain lawful for him.

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(Fataawa Mehmoodia : Volume 8 : Pages 166-167)

QUESTION

A father-in-law raped his daughter-in-law. Will the

female still remain lawful for her husband ?

'

f\

QUESTION

there are witnesses to the father-in-law's evil sin, but

the husband still does not believe the incident ?

X

If the female is the only person claiming that she was

raped

*

what is the ruling on separation ?

It is a great crime in Islam to falsely accuse a Muslim of fornication.

PAGE 1 8

QUESTION

Can the wife get married to someone else if the husband
accepts tli at his wife was raped but does not release her
from the marriage ?

ANSWER

The female will not remain lawful

ANSWER

If the witnesses are Sharee witnesses, the husbands
denial is of no value.

ANSWER

Separation cannot take place

because of the

female's claims of being raped. Separation can only take
place if the husband accepts the incident or if the rape is

proved by Sharee witnesses.

The wife cannot get married to someone else until a
Muslim ruler or Sharee Council separates her from her

or until the husband practically or orally

The method of orally leaving her is by

divorces

saying "I have left you,"

(Fataawa Da rul-Uloum O a deem ; Page 555)

QUESTION

'Girl' is married to *Boy J , 'Boy's' father raped ( Girl\
Does 'Girl* become unlawful for *Boy' ? And can 'GirP
marry

someone else without getting a divorce from

'Boy'?

19

ANSWER

If it is true that 'Boy's' father raped his daughter-in-law
'Girl*, she will become totally unlawful on her husband

■

and she cannot marry someone else until 'Boy' leaves

her practically or says

"I leave you."

If 'Boy' is not willing to let 'Girl* go, 'GirF can go to a
Sharee Council and thus force 'Boy* to let her go.

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wa Darul-Uloom Qadeem : Page 555)

* An important Mas'ala to remember.

\

When a boy reaches the age of ten, it is not

for the boy to sleep in the same bed as his mother, sister

or brother. In the same way when a girl reaches the age

of ten, it is not permissible for the girl to sleep in the
same bed as her father or brother, vfA

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(Behishti Zewar : Part 3 : Page 66)

PAGE 20

UESTIONS INVOLVING THE DAUGHTER

QUESTION

husband kissed his daughter

lust and desire by

assuming she was his wife. Will his

unlawful for him ?

become

AiNSWER

r\

Ma

J

The wife has become unlawful *

(Ahsan-UI-Fataawa : Volume 5 : Page 84)

s

QUESTION - 2

If a person held his young daughters breast with lust, can
the girl's mother and father stay as husband and wife or
is their marriage broken ? If the marriage is broken is

there any means of reconciliation ?

ANSW E R

If the girls body was covered with cloth so thick that (he
father could not feel the heat of her body, Ilurmat-e-

Musahara will not apply, If the girls body was covered
by no cloth at al 1 or covere d

with such a thin cloth that her father could feel her body
heat, IIurmat-e-Musahara will apply.

js V

air y> jii* ^ j <^f (ijjtA gjt t jju jji)

Or a

D

J^ T C J

btl

J

j)i.>l

il U <->y W^ C&- 1 'H s J* t ^ >l **J* V-** ^1 t r il f

i.l

^lil JL£ V I S . L/9 OtT Oli t-jjJ U^i.i

-

PAGE 2 1

^ ujj oir oi j aJJu <di o

i^l 01

J J

0^^

jiir

.j* Ji

^^a^ a XI 5j|

girls mother will

is no

by

means.

remain unlawful on the
way of getting back together, either
the marriage ceremony or by any other

l^ y^ £ j (}tfA>. 4z^j~J! J-^i j ^jy

•<j

u

f^J

(YA

o

^ Y e ^ jUJI c* ^ j^> e* v jju jj\

Ifa aJj £«**i L^U4 ^ A^aLf jf

LLJ jj>

(r A A ^ Y C ^UJI ^ jb^ii ^) iJb! f Vi

1 UJu

(Fataawa-Rahimiyya : Volumes : Page 255-256)

QUESTION

V

A

person went to his wife's bed at night to fulfil his

His

young daughter was

ine next to his

His hand touched his daughters arm etc. He
immediately realised that it was his daughter. What is
the Mas'ala for this person ? Odoulana Ashraf Ali

Than vi has said in Behishti Zewar that the man will
become unlawful on his wife and he will need to divorce

her. The mistake

female done wrong?

was made by the man. What has the

ANSWER

Hadhrat

#<

lana Ashraf AH Thanvi has

this

Mas'ala in the fourth part of Behishti Zewar on page 52,
He has also written the answer to the 2 n4 question in

Imdadul Fataawa, He has been asked the same question,
Here is the answer given by him :

«

The female does not become unlawful because of any
fault on her part. She becomes unlawful because when
one thing occurs the other is a result of it occurring. If a

person takes poison by mistake, there is no sin but the

person will die as a result. Whether die poison is taken

accidentally or on purpose, the poison will

its

effect. In the same way whether the girl is touched with
lust, by mistake or the fervour of youth, the effect will
take its course."

■ ■

If the girl is mature and was touched with lust, the wife
i.e. the girls mother, will become unlawful on the
husband. It is necessary for him to separate from her.

! -

Jf

L

M J,^ lijH,

*;

J**l hj4*ei\t Uaj! fj>- j

fU> >j» <ji t 1

a

>!i j ^ ifi s^

j^X

(jb*Il jjJl) .J?L^i g#y

(Fataawa Mehmuodia : Volume 3 : Page 350-351)

The son-in-law is a Mehramfor the mother-in-law* (She can
never marry him) Yet due to times of corruption and evil t

Purdah is necessary in exactly the same way as it is for a Non

Meh ram.

(A person she can marry)

(Sharee Purdah : Page 41)

PAGE 22

PAGE 23

NOTE:

It is also important to remember that Ulamaa have

made

it

■

that it is Makrooh for a young

mother-in-law to stay alone in the house with her
son-in-law. If there is any chance of a sin being
committed then it will be Haraam to remain
alone.

•

The following questions are illustrative examples of why it is

important for the young mother-in-law to observe Purdah in

front of her son-in-law.

UFSTIONS CONCERNING THE MOTHER-IN

LAW

QUESTION

What do the respected-
following Mas' a)a?

Muftis say ah out the

'Boy' is engaged to 'GirF. After the engagement * Boy'
was sleeping at his future in laws house when 'GirlY
mother who is young came and kissed him with lust
l Boy' immediately woke up and showed his displeasure.
The same incident happened again. 'Boy* has intention
of marrying 'Girl* yet he is worried because someone
told him he cannot marry her, 'Boy* wants to know if it

is no way his marriage to "GuT can

is

that

take place.

*

*4

ANSWER

If the young female has kissed her future son-in-law with
lust/desire on the cheek, forehead or mouth men Hurmat-

e-Musahara will apply.

u

Girl* will always remain

PAGE 24

unlawful

.

on 'Boy* because the action was inviting

towards intercourse, and according to the Hadith this

action is within the category of intercourse.

V

j\ aAjj*) l^LLi j <A aJp c

4

J^M

4

■

CSJ

(TA^

■ When jb female touches or kisses a man, her mother and

e unlawful on him.

<

j j *-V) <

t jjtf - y Ju s\ j <ju£ji ^ ^

t

j* j

*'j£ J lT^ W* ^^ d J& $ \tf& y j (£} <->L^'

jt* jJL»)

Oj

3

cT

js* Cr* *^

4J

Lfct

(™r^v c ^

LiJl

c

NOTE:

The

cheek,

forehead

mouth are only

mentioned as examples. These are not the only
places that can be kissed for Hurmat-e-Musahara
to apply. The mouth, cheek and forehead are only

mentioned as they are the places normally kissed.

If any part of the body is kissed with lust and desire

out anything in between) Hurmat-e-Musahar a will

apply.

If there is no cloth etc. in

or the item in between
is so thin that the body heat can be felt through, Hurmat-
e-Musahara will still apply.

PAGE 25

If however the item in between is so thick that body heat
cannot be felt through it by the other person, Hurmat-e-

Musahara will not apply.

(Kataawa-Rahimiyya : Volumes ;

e 248> 249)

QUESTION

'Boy' has been engaged to a girl. One day 'Boy'
brought a sample of rice and took it home in his hands.

He was showing the rice to his future father-in-law when
all of a sudden his mother-in-law to be, took some rice

out of 'Boy's' hands to look at. An unpleasant thought
occurred in * Boy's' heart. There was no lust or desire.

By touching in this way, can 'Boy' marry his fiancee ?

ANSWER

i

J

UUl j^ $ jlM iJub f gull J Jtf j\s*i\ ij ^ iaL. j

J*i!>>.

IU

rVtf*

JL^

j JU f ^UJl j

^l-U *^ v c

*JU

j

u

t

*3\

J

!

From the above, we can understand that if 'Boy's* state is such
that at the time of touching erection takes place, we are able to
say that lust occurred in 'Boy\ If however erection did not
take place men it will not be said that lust/desire occurred,

HOWEVER 'Boy's' state is such that erection cannot occur

when he is touched but there was lust/desire in the heart then it

will be said that there was lust/desire hi 'Boy's' heart.

In exactly the same way it will be said that there was lust/desire
in the mother-in law, if there was lust/de sire in her he art when
she touched 'Boy'.

If there was lust in 'Boy* OR the mother-in-law, the girl will
become unlawful on *Boy\ The mother-in-laws feelings will

be known if she informs someone of her feelings.

only

through any sign there is doubt (that lust

If

) it is

compulsory to ask her. If there wt:re no signs to create any

doubt there is no need to ask.

(Imdadul Fataawa : Volume 2 : Page 309-

QUESTION

If the wife has become unlawful because the man
touched or kissed the mother-in-law with lust, will
conducting the marriage again make them lawful for one

another or will they always remain unlawful for each
other?

PAGE 26

PAGE 27

ANSWER

By touching the mother-in-law with lust the wife will
become unlawful and will always remain unlawful,

is

Wajsb for the husband to separate from her. She cannot
return into marriage with the man.

O*

aawa Darul-UIoom-Jadeed : Volume 7 : Page 327}

QUESTION

A mature boy has been married to a widow's daughter,
who is not yet mature . Due to the girls young age she

has not yet gone to her husband's house. It is now being
said that the hoy had an unlawful affair with his mother-
in-law.

4l

UESTION

CONCERNING

STEP

QUESTION

A boy touched his step mother with lust/desire. Will the
step mother become unlawful on the boy's father ?

ANSWER

If the hand touched the naked body or touched the body
which had cloth thin enough for the body heat to be felt
through, the step mother will become unlawful on the

b oy ' s father ,

(Ahsan-UI-Fataawa : Volume 5 : Page 85)

UESTION

CONCERNING

UNLAWFUL

RELATIONSHIP

Is it lawful for the boy to stay in marriage with the girl

or not ?

JL>

ANSWER

Cj

If it is proved that the boy has committed adultery with

or touched her etc. with lust, his wife

his mother-in^
who is not yet mature will become unlawful for him.

(Fataawa Darul-UIoom-Qadeem : Page 552/555)

QUESTION

'Boy' kissed 'GuP and touched her with lust but he did

not have intercourse with her. Can *Boy* marry 'Girl's'

Liimter ?

ANSWER

By kissing and touching with lust Hurmat-e-Musahara
will apply. Therefore 'Boy' cannot many l Girl's'
daughter.
(Fataawa Darul-Uloom : Volume 7 j Page 339-340)

PAGE 28

PAGE 29

CONDITIONS FOR HURMAT-E-MU SAHARA TO APPLY

If any of the

Musahara will apply.

mentioned below occur, then Hurmat-e-

Unlawful intercourse

condition that

female are Baaligh (matur

iberty.)

the male
(one who

uraahiq male

Baaligh/Muraahiq female when they make physical contact
(touching, kissing etc) with no material/cloth in between or
material/cloth so thin that body heat can be felt through.

Lust will be defined as the following ;

If erection occurs

male when physical contact is

Tf erection increases when erection had already

occurred prior to physical contact.

erection does not occur

male

reasons/old age, then if lust/desire occurs in the male's
heart at the ti me of physical contact, J^Q

If lust/desire was present prior to physical contact and it
increases when physical contact is made, o^

If lust/desire occurs in a female when physical contact is

made and it was not present prior to physical contact.

lust/desire was present prior to physical contact then

increases when physical contact is made.

It is not necessary that both persons experience lust when

contact is made. Lust in either the male or female
he sufficient for Hurmat-e-Musahara to apply*

will

PAGE 30

3.) If a male looks at the internal private part of a female with
lust/desire or a female looks at a male's private part with

lust/desire

both male

(Physical contact
Musahara to apply in this case)

female

necessary

are Baaligh

Hurmat>e-

NOTE:

Hurmat-e-Musahara will only apply if the person

looking experiences

If the person being

looked at experiences lust but the person looking
does not, Hurmat-e-Musahara will not apply .

These are just simple guidelines to show where Hurmat-e-

ara applies, but if a personal query about the law of

a

H urm at- e-Mu Sahara does arise, it must be referred
Mufti for a Fatwa.

LIST OF PERSONS THAT BECOME UNLAWFUL WHEN

HURMAT-E^MUSAHARA APPLIES

CASE1

If a male touches/kisses etc. a female, or vice versa, with

lust occurring in either the

or female.

OUTCOME OF CASE 1

The

female's mother (including

step

grandmother, daughter (including

step

mother,)
daughter,)

granddaughter and other females in the same line
become unlawful on the male, i.e. the male cannot marry
them .

PAGE 3 1

The male's father (including step

son (including step son,) grandson and others

,) grandfather,

in

the

same line will become unlawful on the female, ie, the

female cannot marry them.

■

■

CASE 2

If a male

isses etc. his mother-in-law, or vice

7

versa, with lust occurring in either the male or female

OUTCOME OF CASE 2

The

male's wife (i.e. mother-in-law's daughter) will

become unl aw fill on h im

CASE 3

If a father-in-law touches/kisses etc, his daughter-in-law
or vice versa,

lust occurring in either the male

female

\

OUTCOME OF CASE 3 v tf>

The daughter-in-law will become unlawful for her

husban d 4

CASE 4

PAGE 3 2

If a male touches/kisses etc. his wife's daughter (step
daughter or his own daughter), or vice versa, with lust

occurring in either the male or female.

OUTCOME OF CASE 4

The male's wife will

unlawful on him.

c

CASE 5

If a female touches/kisses etc, her husband's son (her
own or step son), or vice versa, with lust occurring in

the male or female.

OUTCOME OF CASE 5

She will become unlawful on her husband.

NOTE1

UNLAWFUL INTERCOURSE BETWEEN THE

MALES AND FgM ALES MENTIONED

IN EACH
SAME OUTCOME,

WILL HAVE THE

NOTE 2 : IF THE MALE LOOKS AT THE FEMALE'S

INTERNAL PRIVATE FART (OR IF
THE FEMALE LOOKS AT THE MALES
PRIVATE PART) AND THE PERSON
LOOKING HAS LUST/DESIRE THE

CASE

WILL HAVE

THE

SAME

OUTCOME.

PAGE 33

NOTE 3 : IF ANY OF

ABOVE CASKS HAPPEN

UNINTENTIONALLY

HURMAT-E-

MUSAHARA WILL STILL APPLY

When Hurmat-e-Musahara takes place it is totally unlawful for

together, therefore it will become

the male and female to

compulsory for the husband to divorce his wife

Although

couple become unlawful on one another it is still

compulsory for the female NOT to many some other person
until she has been divorced by her husband or by a Sharee
Council.

RASULULLAH (SALLALLAHU ALA I HI WASALLAM)

AN EXAMPLE TO THE UMMAH

Rasulullah (Sallallahu alaihi

is an example to the

whole of the Ummah. It is very important for us to follow the

£S and ways shown to us by Rasulullah (Sallallahu alaihi
wasallam) in order to achieve success in this world and in the
Hereafter. >0

could be more closer to Allah Ta*ala than Rasulullah

(Sallallahu alaihi

? Whose heart could be more

cleaner than the heart of Rasulullah (Sallallahu alaihi wasallam)
? Who could be more fearing from Allah Ta'ala than Rasulullah

alaihi wasallam)? There was not even a
of an evii thought entering the heart of Rasulullah

(Sallallahu alaihi wasallam).

PAGE 34

Sallallahu alaihi wasallam) was totally safe from the
Shaytaan and also from the Shaytaan's evil thoughts. Despite
all this, Rasulullah (Sallallahu alaihi wasallam) never touched
or shook hands with a female who was unlawful on him.

Hadhrat Aaisha (Radhiallahu-anha.) narrates ;

tt

swear by Allah, the hand of Rasulullah (Sallallahu

wasallam) never touched the hand of any

alaihi

females, 1 ' (Who were unlawful on him)

(Bukfcari)

(</jl&) Jai V\y\ Ju oJb

i

U *»l j cJl* «&, 4J5JU Q*

Hadhrat Umayyah Bint Raqiqah (RadhiaJlahu-anha) says :

*'I came with a group of women to Rasulullah (Sallallahu
alaihi wasallam) to take an oath of allegiance (Bayt).
When Rasulullah (Sallallahu alaihi wasallam) did not
touch our hand I enquired,

u

O Rasulullah (Sallallahu alaihi was

you not

p lace your hands on ours ?" (As you do with men , )

Rasulullah (Sallallahu alaihi wasallam) replied :

"I do not take the hand of w

I II

en.

«

(Tirmizi)

; j pL»j U* il ( ^L# ^Ji owt cJli 4b UJj

(r

l^J\ ^iuf V ^J Jtf tj^iU; Vi ii J j^j i* Uy Jl . . . **^

Ju*

s)

PAGE 35

May Allah Ta'ala guide us, save us from the Nafs and Shaytaan

and guide us to the path which pleases Him.

Aameen

jyJLJl <_jj A jlJ-1 ^ Ul^i

J

JyuiH 4jUw»1 j aJT ^U j ^jfi\ dj^j ^ip ^%J| j ljhd\ J

BIBLIOGRAPHY

L) AL-QUR'AN-AL-HAKEEM

2.) AINEE

ALLAMAH BADR-UDEEN ABU

MUHAMMED MAHMOOD
(RAHMATULLAHI-ALAIH}

3.)MISHKAAT

4 ) FAT-HUL^QADEBR

-

SHEIKH VALI-UDEEN MUHAMED BIN
ABDUL-LLAH (RAHMATULLAHI-ALAIH)

ALLAMAH HAFIZ IBN HUM A AM
(RAHMATULLAHI-ALAIH)

v

5.) KANZ-UD-DAQAAIQ

IMAAM ABDUL-LLAH BIN A\ TMED
(RAHMATULLAHI-ALAIH)

♦

v>

*

(FOOTNOTE)

6 ) IMDADUL FATAAWA

I

7.) BEHISHTI ZEWAR

HADHRAT MOULANA MUHAM MED
AHSAN (RAHMATULLAHI-ALAIH)

HADHRAT MOULANA ASHRAF ALI
THANVI (RAHMATULLAHI-ALAIH)

HADHRAT MOULANA ASHRAF ALI
THANVI (RAHMATULLAHI-ALAIH)

8,) HE-LAT-UN-NAAJEZAH HADHRAT MOULANA ASHRAF ALI

THANVI (RAHMATULLAHI-ALAIH)

9.) ISLAHE-INQILAAB-E

UMMAH

HADHRAT MOULANA ASHRAF ALI
THANVI (RAHMATULLAHI-ALAIH)

PAGE 36

10.) ISLAHE KHAWATEEN

Il,)SHAREEPURDAn

HADHRAT MOULANA ASHRAF ALI
THANVI (RAHMATULLAHI-ALAIH)

I IAL>kRA7 MOULANA ASHRAF ALI

TfiANVI (RAHMATULLAHI-ALAIH)

12) FATAAWA DARUL-

ULOOMQADEEM

HADHRAT MUFTI MUHAMMED SHAFI
(RAH M ATULLAHI-ALAIH)

13.) F ATAAWA DARUL-

ULOOM-JADEED

HADHRAT MUFTI AZIZ-UR-REHMAN
(RAHMATULLAHI-.

14.) FATAAWA RAHEMIAH HADHRAT MUFTI SYED ABDUR-

RAHEEM (DAAMAT BARAKAATUHUM)

15.) AHSAN-UL-FATAAWA HADHRAT MUFTI RASHEED AHMED

(DAAMAT B ARAKAATU1 TUM)

■

MAKTABAH Al-MA'ARIF MOLVI MUSA KARMADI

Daruf Uloom Ai-Husafnia, islamic educational trust u.

SHEHDADPUR

DlstL Sanghar, Stndh, Pakistan

66'Hmmpto(t Road-Foi0»t Qttm,

LONDON E70NU (U.K.}
Taf. N0.: 02O$-$M*4574

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