Question Summary:
In your reply to question (4365)from UK, under the section of Nikah, you said that a man who has committed incest with a woman her daughter becomes haram on him. In the next line you said… Question Detail:
In your reply to question (4365)from UK, under the section of Nikah, you said that a man who has committed incest with a woman her daughter becomes haram on him. In the next line you said :" The incest that leads to the prohibition is approaching with lust and desire". Kindly explain approaching in this context. If he merely touches the woman with intention of desire and lust, with absolutely no intercourse involved, would her daughter become haram on him in this condition too ? Also kindly have a look at this fatwa too, http://www.islamweb.net/ver2/fatwa/ShowFatwa.php?lang=E&Id=83626 &Option=FatwaId&x=36&y=15 I'll be anxiously waiting for your reply. jazakallah khair.
Answer :
Normal
0
false
false
false
EN-ZA
X-NONE
AR-SA
MicrosoftInternetExplorer4
/* Style Definitions */
table.MsoNormalTable
{mso-style-name:"Table Normal";
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:"";
mso-padding-alt:0cm 5.4pt 0cm 5.4pt;
mso-para-margin:0cm;
mso-para-margin-bottom:.0001pt;
mso-pagination:widow-orphan;
font-size:11.0pt;
mso-bidi-font-size:14.0pt;
font-family:"Calibri","sans-serif";
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-fareast-language:EN-US;
mso-bidi-language:TH;}
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
In reference to your question approaching will mean, touching any part of the body or looking at the inner area of the private part of a woman besides one`s spouse with lust and desire whether intercourse took place or not.
In the above cases, marriage between the ascendants and descendants of both parties will become unlawful to each other.
(Hidaya,Vol.2 Pg.309 Ilmiya)[1]
This will apply if it was done intentionally or unintentionally.
The benchmark for defining lust and desire will be erection of the private part. Erection will be considered in a man who is capable of attaining an erection. Mere lust and desire will be considered in the case of one who no longer attains an erection because of old age or some physical illness. However, if ejaculation takes place while touching, the prohibition of marriage will fall away.
(Fatawa Tatarkhaniya Pg.618,Vol.2,Ashraf Manzil)[2]
(Alfatawa Alwalwalajiya Pg.358 Vol.1,Ilmiya)
(Durrul Mukhtaar Pg.33,Vol.3,HM Saeed)
(Fathul Qadeer Pg.129.Vol.3,Rashidiya)[3]
(Hidaya Vol.2,Pg.309,Ilmiya)
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Ml. Muhammed Sindhi,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
|
