"does touching mother with lust establish hurmat in Hanafi fiqh"?
Marriage and Divorce · Hanafi
Question
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:
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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). -
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. -
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:
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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).
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Fatawa-e-Alamgiri ( Vol. 1 ):
- Page 39: (Kitabun Nikah: Chapter on Prohibited Relatives / Hurmat-e-Musaharah — Legal definition of Shahwah for men) .