Does a husband become forbidden to his wife if his father touches her with lust and kisses her, believing that this makes the wife forbidden to her husband based on the sayings of some jurists?
The touch or kiss of the husband's father to the wife, without lust, does not invalidate the marriage, and there is no disagreement among scholars on this point. As for touching or kissing with lust, the majority of jurists (Malikis, Shafi'is, and Hanbalis) hold that it does not establish the prohibition of marriage (i.e., it does not make the wife to her husband). In contrast, the Hanafis believe that it does establish such a prohibition, with a detailed distinction they make between kissing on the mouth without suspicion (which does not establish the prohibition) and kissing on the head, chin, or cheek (which does not establish the prohibition unless it is proven to be with lust). Furthermore, the hadiths that state a woman becomes forbidden merely by touch or a lustful gaze are weak. In conclusion, the marriage has not been annulled, and it is advised to be cautious of obsessive thoughts (waswasah).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/146985
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 146985
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy