Fatwa: # 16499
Category: Jurisprudence and Rulings...
Country: United Kingdom
Date: 29th March 2008

Title

Please enlighten me about the laws of Harmate Musahara

Question

Re: Masail

1.Please enlighten me about the laws of Harmate Musaharath. If a man has had an affair with his mother's sister/khala(nauzobillah),the affair including mutual Sexual attraction including touching but no Intercourse,is he allowed to marry her daughter(his cousin sister).

2.If a man has taken a car on finance(which includes paying extra) what can be done about it as kaffara if it is quivalent to giving interest?

Re: Akhlaaqiat

How to get rid of keena.How can you love some one (a brother in Islam)who hates you?

 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

1. Musaharah 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 marriage. This forbiddance is referred to as hurmah musaharah.

There are four types of relatives that a person is forbidden from marrying due to hurmah musaharah:

a)      The father, grandfather, great grandfather, etc. of the husband are forbidden upon the wife.

b)      The mother, grandmother, great grandmother, etc. of the wife are forbidden upon the husband.

c)      The son, grandson, great grandson, etc. of the husband are forbidden upon the wife.

d)      The daughter, granddaughter, great granddaughter, etc. of the husband are forbidden upon the wife.

(Al-Nutaf fi al-Fatawa Pg.164 – Dar al-Kutub al-Ilmiyyah)

According to the Hanafi Mazhab, hurmah musaharah will also be established between two individuals who engage in adultery or fornication.

فمن زنى بامرأة حرمت عليه أمها وإن علت وابنتها وإن سفلت ، وكذا تحرم المزني بها على آباء الزاني وأجداده وإن علوا وأبنائه وإن سفلوا ، كذا في فتح القدير .

Similarly, hurmah musaharah 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 lust; or looks at the private part of the other with lust. However, if one does not touch, kiss or look at the private part with lust, or touches or kisses the other with the barrier of a thick cloth, hurmah musaharah will not be established.

 

وكما تثبت هذه الحرمة بالوطء تثبت بالمس والتقبيل والنظر إلى الفرج بشهوة ، كذا في الذخيرة .

 

فإن نظرت المرأة إلى ذكر الرجل أو لمسته بشهوة أو قبلته بشهوة تعلقت به حرمت المصاهرة ، كذا في الجوهرة النيرة .

 

ولا تثبت بالنظر إلى سائر الأعضاء إلا بشهوة ولا بمس سائر الأعضاء لا عن شهوة بلا خلاف ، كذا في البدائع .

 

ثم المس إنما يوجب حرمة المصاهرة إذا لم يكن بينهما ثوب ، أما إذا كان بينهما ثوب فإن كان صفيقا لا يجد الماس حرارة الممسوس لا تثبت حرمة المصاهرة وإن انتشرت آلته بذلك وإن كان رقيقا بحيث تصل حرارة الممسوس إلى يده تثبت ، كذا في الذخيرة .

 

(Al-Fatawa al-Hindiyyah Vol.2 Pg.274 – Maktabah Rasheediyah)

One other condition for hurmah musaharah to be established is that both the individuals should have reached maturity (buloogh) or the age of maturity (murahiq). The minimum age of maturity is twelve years in males and nine years in females.

(Imdad al-Ahkam Vol.2 Pg.770 – Maktabah Darul Uloom Karachi)

In the light of the abovementioned, hurmah musaharah will be established when a man touches his mother’s sister, if the following conditions are found:

·        The man and his mother’s sister had reached maturity or the age of maturity when the incident took place.

·        He touched her without the barrier of a thick cloth. If the cloth was so thin that the man could feel the heat of the other’s body, hurmah musaharah will still take place.

·        He experienced lust when he touched her.  

As a result of hurmah musaharah, it will not be permissible for him to marry her daughter (his cousin sister). However, if any of the conditions mentioned were not found, hurmah musaharah will not be established; hence, it will be permissible for him to marry her daughter.

The abovementioned ruling is further understood from the Fatwas of Mawlana Zafar Ahmed Uthmani Saheb (Rahimahullah) wherein he states that hurmah musaharah is established between a man and his step mother when he touches her with lust. As a result, this step mother will be forbidden upon this man’s father (her husband).

 

(Imdad al-Ahkam Vol.2 Pg.761 – Maktabah Darul Uloom Karachi)

Likewise, he states in another fatwa that hurmah musaharah will be established between a man and his daughter when he touches her with lust. As a result, the daughter’s mother (the man’s wife) will be forbidden upon this man.

(Imdad al-Ahkam Vol.2 Pg.768 – Maktabah Darul Uloom Karachi)

2. We will not be able to comment on the ruling of the car finance scheme mentioned in the query, as details of the scheme have not been provided. However, if the scheme includes involvement in interest, then it will not be permissible to purchase the car through this particular finance. Severe warnings have been mentioned in the holy Quran and the Ahadith of Nabi (Sallallahu Alaihi Wasallam) regarding those involved in interest and usury:

Allah Ta’ala mentions in the Holy Quran:

 

الذين يأكلون الربا لا يقومون إلا كما يقوم الذي يتخبطه الشيطان من المس ذلك بأنهم قالوا إنما البيع مثل الربا وأحل الله البيع وحرم الربا.

Those who take ribā (usury or interest) will not stand but as stands the one whom the demon has driven crazy by his touch. That is because they have said: “Sale is but like ribā”, while Allah has permitted sale, and prohibited ribā. (Verse: 2:275)

 

يا أيها الذين آمنوا اتقوا الله وذروا ما بقي من الربا إن كنتم مؤمنين. فإن لم تفعلوا فأذنوا بحرب من الله ورسوله وإن تبتم فلكم رءوس أموالكم لا تظلمون ولا تظلمون.

O you who believe, fear Allah and give up what still remains of ribā, if you are believers. But if you do not (give it up), then listen to the declaration of war from Allah and His Messenger. However, If you repent, yours is your principal. Neither wrong, nor be wronged. (Verse: 2:278,279)

The following is mentioned in the Ahadith of Nabi (Sallahu Alaihi Wasallam):

عن جابر قال لعن رسول الله -صلى الله عليه وسلم- آكل الربا وموكله وكاتبه وشاهديه وقال هم سواء. (رواه مسلم)

Hazrath Jabir (Radhiyallahu Anhu) narrates that Nabi (Sallallahu Alaihi Wasallam) cursed those who are involved in usury; whether it is the person who is giving usury, receiving it, writing the transaction, witnessing it. (Muslim)

Therefore, if the total amount due has not been paid to the finance company, the person involved should try to acquire a loan that does not involve interest and pay off the total amount due. However, if the total amount has already been paid off, then he should repent sincerely to Allah Ta’ala and make a firm intention of not being involved in interest again.

It will be permissible to use the car and there is no kaffarah or recompense that could be paid.

3. It is in fact an easy task to love someone that loves you. The actual test is in loving someone that hates you. Hate and malice is considered from the vices of the heart. Islam emphasises on the rectifying of the outward actions and also cleansing of the hart from all vices. It has been explained in the Holy Quran that being steadfast in salah restrains one from all evil.

إن الصلاة تنهى عن الفحشاء والمنكر

Surely Salāh restrains one from shameful and evil acts. (Verse: 29:45)

It has been mentioned in another Verse of the Holy Quran that contentment of heart is acquired through the remembrance (zikr) of Allah Ta’ala.

ألا بذكر الله تطمئن القلوب

Listen, the hearts find peace only in the remembrance of Allah. (Verse: 13:28)

Therefore, we advice you to be more steadfast in your salah, increase your good deeds and spend more time in the remembrance of Allah Ta’ala. In this way, it will be possible to reach a stage where you will be able to love someone who hates you.

And Allah knows best

Wassalam

Ml. Abu Yahya,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai

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