The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 23 No 06, p.5

A woman claims that her father-in-law came into the kitchen where she was alone.

Question

A woman claims that her father-in-law came into the kitchen where she was alone. He then touched her in such a way which convinced her that he was being amorous and lustful. But he denies it. He says that he touched her as he touches his own daughters. Does hurmat-e-musaaharah apply in this case?

Answer

While it is reasonable and almost certain that the act of the man was a sexual misdemeanour, and that he is now speaking lies, Hurmat-e-Musaaharah does not take effect. In view of the man's denial, there is no way of ascertaining whether he was motivated by lust or not. So even if he had touched any bare part of the woman with his bare hand, then too the ruling of hurmat cannot be given in view of his denial and lack of witnesses.

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The Majlis Vol 23 No 06
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