Hurmat-e-musaaharah becoming established through touching a woman with lust

Q: I had read that hurmat-e-musaharah take place only if there was a lawful relationship. I just saw a post that if a man committed zina with a women he cannot marry his daugther. But if he wasn't married to that women and was mislead by shaitan.

Below is what I found.

On the other hand Imam Shaafi (rahmatullahi alaihi) is of the view that hurmat-e-musaharah is established only through lawful intercourse and not through unlawful sexual intercourse or touching.

A: According to the Hanafi Mazhab, hurmat-e-musaaharah becomes established even through unlawful intercourse or touching the body of a woman with lust.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)