BISMILLAH AR’REHMAN NIR’ RAHEEM ASSALAM O ALAIKUM We would like to take a ruling or Fatwa on a very important issue of Hurmat al-Masaaharah This incident occurred in Canada some time ago. Here are the details:
Under the spell of SHAITAN, a man has touched the chest of his daughter (age 15) while she was sleeping. Each time, the touch was over the cloths or bed covering. This incident occurred about 4 times in the past about 4 years. Last time this incident occurred was about 13 months ago. Since then, this man then realized his sinful act and after taking oath on QURAAN, turned toward GOD asking for TAOBA and changed his life style by praying five times prayer, trying to learn Deen – E Islam and reciting QURAAN. But recently, his daughter has spoken out to her mother as what had happened years ago. His wife became very angry and threatened to speak to authorities (police). Since the last 3-4 months his wife has been literally treating him as slave. This man full fill what ever the wife made to save the marriage. After 3 month form the time she knew, the wife one day said that she has talked to an Alim and he will visit and ask you some questions. Man replied that OK because he has been seeking refuge from Allah Subhano Wa Tala, so he would want to resolve this matter honestly. This Maulana sahib asked few question and declared that now a condition called Hurmate Mussaharah is established and you cannot live with you wife. Maulana sahib forced the husband to write Talaq on paper on the spot and advised that now you should leave the house as soon in next few days.
This situation was totally unexpected for this man as he had heard that if some one commits GUNA HE Kabira, Allah Subhano Wa Tala forgives provided that Taoba is done with true heart and with promise with Allah not to indulge in GUNAH again.
Next, the wife who was preparing this man’s exit from the house for the last 3 months and the man did not know about it at all, threw out his few belongings out side home and took the house keys and locked the door.
She also demanded that if you need me to forgive you then you need to give this house to me and pay off its loan of about $200000.00 Canadian dollars.
At 7:30 PM in the evening, this person with a box of cloths in his hand reached local Mosque and was given a place to spend nights.
Later after few days the man got him self together and contacted other Muftee sahib and Ulema e DEEN and realised that Ulema are actually divided on this issue of Hurmate Mussaharrah. He got fatwa from Mufti of the city that unless three conditions are not met the Hurmat is not established.
-Direct body touch (which never occurred)
-Increased sexual urge
-Increased sexual desire form other person.
None of the above has occurred as per this persons oath on Quraan.
A second ruling form another Alim was given in writing that until some one commits adultery, the Hurmat e Mussahara is not established.
Now the wife looking for separation under Canadian law and demanding more then her normal share in the property. She also demanding husband to give in writing that husband will never take custody of children.
Can we get ruling based on above factors that is this is true that Hurmat E Mussahara is established and husband and wife cannot live for ever.
Secondly what is the real value of Talaq which the man wrote against his own will.
If the daughter was wearing so thick clothes that the father could not feel the heat of her body or she was wearing thin clothes but none of them was sexually excited or the father got ejaculation at the time of touching then in all theses three conditions Hurmate Musaharaat will not take place. But if any one them was excited and the father did not get ejaculation when touching his daughter then Hurmate Musaharaat will take place and both husband and wife can not live together for the rest of their lives. In such a situation the husband must give Talaaq to his wife so that she can marry so one else.
There is no doubt that Allaah will forgive the person when he makes sincere Taubah of his sins but the effect that has taken place by sin, Hurmate Musaharaah for instance, will remain.
As regard to writing Talaaq by force, if someone just writes the Talaaq without pronouncing then Talaaq will not take place.