"does touching mother with lust establish hurmat in Hanafi fiqh"?

Marriage and Divorce · Hanafi

Question No: 5457
Questioner: Adnan
Question Asked: 14 Sep 2026, 09:07 AM
Reviewed & Published: 14 Sep 2026, 10:00 PM
Views: 34
Tokens: 10,126
This answer is according to the 'Hanafi' school of thought.
This answer was reviewed and published by .

Question

if someone touched his mother with lust (no cover), but he cant remember if he only felt lust in his penis or had an erection, is hurmat established? lets assume he only felt lust in his penis but no erection, will heutmat be established then?

Answer

Answer

Based on Hanafi Fiqh, if someone touches his mother without a barrier, but experiences no erection (feeling only internal lust without physical erection or stiffness), Hurmat-e-Musaharah (হুরমতে মুসাহারাত) is NOT established.


Detailed Fiqh Analysis:

  1. Definition of Shahwah (Lust) for a Male:
    For physical touch to establish Hurmat-e-Musaharah, sexual desire (Shahwah) must be present at the exact moment of contact. For a male who is capable (not elderly or impotent), the legal threshold/definition (Hadd) of Shahwah required to establish Hurmat-e-Musaharah through touch is specifically the erection, stiffness, or enlargement of the male organ (or an increase in erection if already erect).

  2. Absence of Physical Erection:
    If a male merely feels an internal emotional desire, sexual thoughts, or a sensation of lust in his penis without any physical erection, stiffness, or enlargement occurring at the moment of touch, the legal standard of Shahwah for a male is not fulfilled. Therefore, under the assumption that there was no erection, Hurmat-e-Musaharah does not take effect.

  3. Doubt and Forgetfulness:
    In Islamic jurisprudence, certainty is not overridden by doubt. If a person cannot remember whether an erection occurred or has doubts about it, Hurmat-e-Musaharah cannot be declared based on mere uncertainty.


Book, Volume & Page References:

  1. Darsul Fiqh ( Vol. 2 ):

    • Pages 145–146: (Chapter on Hurmat-e-Musaharah — Conditions of touch, definition of Shahwah, and the requirement of erection in males).
  2. Fatawa-e-Alamgiri ( Vol. 1 ):

    • Page 39: (Kitabun Nikah: Chapter on Prohibited Relatives / Hurmat-e-Musaharah — Legal definition of Shahwah for men) .


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