Question Summary:
What is Hurmat Musāharah? Further details into the issue.

Question Detail:

What is hurmat e musahirat? If anybody touches his maternal aunt (mother's cousin sister)who is married with lust and unlawful attention... Does it will be consider as zina (Fornication) and what will be the condition of repentance? Do almighty allah forgive him.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The rulings of Hurmat Musāharah (incest) are delicate and intricate.
Musāharah contextually refers to the relationship created between two people through marriage. A person is forbidden from marrying certain relatives of his partner due to the relationship of the marriage. This forbiddance is referred to as Hurmat Musāharah.
According to the Hanafi Mazhab, Hurmat Musāharah will be established between a man and a woman when one of them touches or kisses the other (without the barrier of a thick cloth) with Shahwat (lust).
It is also necessary for the establishment of Hurmat Musāharah that the Shahwah is experienced at the exact time of touching.[1]
In the light of the aforementioned, Hurmat Musāharah will be established if the person in reference touched his maternal aunt (mother’s cousin sister) with the following conditions:
 
·        He touched her without the barrier of a thick cloth or the cloth was thin that he felt her body heat.
·        While touching her he experienced Shahwah.
As a result of Hurmat Musāharah, four types of relatives will be forbidden to marry:
1.      The father, grandfather, great grandfather, etc. are forbidden upon the wife.
2.      The mother, grandmother, great grandmother, etc. are forbidden upon the husband.
3.      The son, grandson, great grandson, etc. of the husband are forbidden upon the wife.
4.      The daughter, granddaughter, great granddaughter, etc. of the wife are forbidden upon the husband.[2]
If any of the aforementioned conditions are missing, then Hurmat Musāharah will not be established.
Repentance in this situation is that one should excessively engages himself in asking forgiveness from Allāh Ta῾āla.
 
And Allah Ta’āla Knows Best
Mufti Zaid M Shelia,
Student Darul Iftaa
Chicago, Illinois (USA)
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net