Question Summary:
Please reply in the light of Shariah if this has proved the Hurmat-e-Musaharat??

Question Detail:

My father is aging around 85 years with weak health and average mind. He often comes across different nightmares during sleep & sometimes starts shouting. One night he entered my wife’s room in my absence and touched her on one of her thighs, room lights were on at that time. With this touch my wife waked up in shock immediately and got separated from my father without any further contact or touch.
When I asked my father he said he was called in room by a woman who was seen by him in the room with 2 other women with 1 child in their lap. One of them indicated my father to touch my wife while she was sleeping. My father set aside my wife’s bed and touched her on her one thigh. Father is saying he didn’t know if it was his daughter-in-law or my wife. Neither he touched my wife considering his wife. He entered in my wife room in curiosity about those women in room which were seen by him.
At the time of touch, my wife was putting on cotton shalwar. She didn’t feel any Shahwat whereas I don’t know about my father Shahwat.
Since father is very aged so he initially was saying that he didn’t have any bad intention while touching her but after 3 months he said he might have had bad intention. He is also saying that he slightly touched my wife and it was not a full touch whereas my wife is claiming of full hand touch. Father is also saying he didn’t feel any strong sexual feelings while touching; he merely touched to know who this lady might be.
Please reply in the light of Shariah if this has proved the Hurmat-e-Musaharat??

Answer :

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh
 
Considering the fact that your father has aged and is weak, he touched your wife out of curiosity because of the vision he had seen, she was wearing a “Shalwar” at the time when he touched her, so there was no skin contact and he at first, confessed that he did not touch her having any evil intentions. Considering the above, Hurmat ul Musaaharah will not be established and your Nikaah is intact.
أما الشيخ والعنين فحدها تحرك قلبه أو زيادة تحركه إن كان متحركا لا مجرد ميلان النفس فإنه يوجد فيمن لا شهوة له أصلا كالشيخ الفاني ، والمراهق كالبالغ ، حتى لو مس وأقر أنه بشهوة تثبت الحرمة عليه .
(Fathul Qadeer vol.3 pg.129,Rasheediyyah)
 
And Allah knows best
Wassalamu Alaikum
Ml. Rayhaan Docrat,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah