Does Touching or Kissing One’s Children Lead to Hurmat al-Musahara?

Answered by Shaykh Abdul-Rahim Reasat

Question

I find the rules of hurmat al-musahara according to the Hanafi school confusing.

There are many natural situations where daily innocently, husbands and wives along with their children could be all touching simultaneously. Please explain.

Answer

I pray you are well. The rules for hurmat al-musahara (impermissibility of marriage due to extra-marital sexual contact) are simple in the Hanafi school. There needs to be some form of physical contact – but it must be accompanied by arousal. [Izmiri, Kamal al-Diraya]

In the scenario described, there doesn’t seem to be any from any party when there is contact, so the ruling does not come into effect.

Also, applying rulings to scenarios requires understanding and experience. Please don’t get too caught up with the theory of it. If you think something has happened, consult a scholar.

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

May Allah grant you the best of both worlds.

[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.