Question
A woman found out that her husband had touched the breasts of her 12 year old daughter by a previous marriage. He would watch her taking a shower, and once he entered and touched her breasts. After these incidents he had divorced his wife. He is very remorseful and has repented. Both of them wish to reconcile. I have been told that marriage with him is no longer valid. However, a certain Mufti says that "this depends on the level of his sexual excitement (at the time when he had touched her breasts) as reflect by the extent of the erection………and also on whether he ejaculated." What is the proper ruling of the Shariah?
Answer
The Mufti has erred. The 'level of sexual excitement' and 'ejaculation' are not conditions for the invalidity of marriage. Nikah of this couple will be invalid irrespective of level of sexual excitement and regardless of whether there was no ejaculation. Hurmat-e-Musaaharah was established when the man with his bare hands touched the bared breasts of his wife's daughter. We fail to understand where the Mufti acquired the ejaculation and level of sexual excitement conditions from. Nikah is never permissible in this case. The woman too is not thinking straight. She is overwhelmed by nafsaani emotion which blurs the intelligence. It is abhorrent for a woman to be the 'wife' of a man who has acted with such abomination towards her daughter. Anyhow, Nikah is just not valid any more. She has to banish the idea from her mind.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 18 No 12
- PDF page
- 12
Appears under Questions and Answers (approximate).