Could You Explain to Me the Issue of Marriage Dissolution?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
I read in a fatwa that touching a child with desire is only prohibited if the child is an adolescent or adult. Could you clarify what this means and the reasoning behind it?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
Yes, it is only if the child has reached an age at which it can be desired. The reason is they do not develop desire until they reach around nine years of age. Touching and looking in this context are the causes that lead to intercourse. Accordingly, they are assigned the rule of penetration by way of precaution.
[Ayni, al-Binaya Fi Sharh al-Hidaya]
Indeed, any active sexual thinking—let alone actual sexual contact, even when not fulfilling the conditions of marital dissolution is strictly prohibited, gross, and sinful; for example, if one were to think or touch a child of any age.
Issue of Marriage Dissolution Due To Sexual Relations
There are several issues in our fiqh that often lead to confusion among people, and one such issue is marriage dissolution due to sexual relations (hurmat musahara). Shaytan creates doubt in this matter, causing anxiety and stress for many individuals. This seems to be a significant concern—particularly the fear or doubt related to lust. It’s important to remain steadfast in your convictions based on the fiqh and try to cast aside these doubts.
I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.
Related
Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekers.flywheelstaging.com), like from the Islamic Studies Curriculum (seekers.flywheelstaging.com) or Youth Islamic Studies Curriculum (seekers.flywheelstaging.com), building your way up doing each course?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
ولنا أن المس والنظر سبب داع إلى الوطء فيقام مقامه في موضع الاحتياط
ولا تثبت في بنت الخمس، وفيما بنت الخمس والتسع، وقال أبو الليث: تكلموا في الثمان والسبع والست. والغالب أنها لا تشتهى ما لم تبلغ تسع سنين، وقال الشهيد في كتاب «البينات» وعليه الفتوى
الكتاب: البناية شرح الهداية
المؤلف: محمود بن أحمد بن موسى بن أحمد بن الحسين المعروف بـ «بدر الدين العينى» الحنفى (ت ٨٥٥ هـ)
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
