Hurmat al-Musaaharah

Shortened Question:

Will the Hurmat al-Musaaharah rule apply or not?

Question:

Muhtaram Mufti Saheb. I would like to have a clarification about the following issue:

My father in law grabbed my hand which was under me ornie and kissed the back of it and then released my hand slowly, slowly sliding it down the fingers. My father in law is saying he didn’t do it with lust. Sometimes he makes strange comments like: “your eyes are beautiful, you must give them to me”; “your skin is becoming fairer and beautiful”; “you should not wear jilbab and do not cover your hair in front of me.” He made these statements after this act on several occasions. A point to be noted is that, I don’t feel at peace after the notice of its gravity and I felt it very strange. So what is the position of this Nikah?

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In order for us to give an efficient response, please clarify the following points:

Did the father in law undertake this action secretly or casually out of normality or on return from a journey?

Did this action transpire once or on other occasions too?

What is the norm of the father in law on meeting this daughter in law?

What is the general practice of father in law on conversing with and greeting his other, if any, daughter in laws?

What is the character of the father in law?

Is there a reason to why his word that “he did not do it with lust” may not be accepted?

Is this daughter in law suspicious who may have an ulterior motive against her father in law?

Has there been any particular conflict or any other incident between the father and daughter in law?

Is the husband aware of this incident and these subsequent remarks? If the answer is in the affirmative, what is his response in regards to this incident?

Are there any witnesses to this action or these statements?

And Allah Ta’āla Knows Best

Hanif Yusuf Patel

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

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Posted in Nikah & Talaq (Marriage & Divorce) on 18th Jan 2016 by Our Imam | 1238 Views