What Are the Circumstances for the Application of the Ruling of Hurmat Al Musahara?


Hanafi FiqhShafi'i Fiqh

Answered by Shaykh Abdul-Rahim Reasat

Question

I keep feeling sexually aroused around females, which makes me think the ruling of hurmat al-musahara applies to me, considering I have agreed to marry my cousin. What should I do?

Answer

I pray you are well. My dear brother, you do not need to worry. You may proceed and marry her without fear of committing zina for the rest of your life.

The Shafi’i school’s position is that this impermissibility does not occur through extra-marital sexual contact. You can follow this and be at ease. [al-mawsu‘a al-kuwaytiyya]

The Hanafi position is precautionary, as with wudu being invalidated by sleeping. The real invalidator here would be breaking wind. But, since people don’t realize this happens when they are asleep, precaution takes precedence.

Your feelings of being aroused all the time when in the proximity of females is not a normal situation. Hence, you should base your din on the Shafi’i position concerning yourself and others and not worry about it.

Please refer to Shaykh Salman’s excellent answer on this issue.
Father-in-Law Kissed Daughter-in-Law

I pray that helps.

[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.