Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 28326
Asked Country: Germany

Answered Date: Mar 11,2014

Title: Questions regarding al-Hurmah al-Musaharah.

Question

 

i have a question about hurmat musaharah. I have read in this website http://www.dinimizislam.com/detay.asp?Aid=1429 that if hurmat musaharah happens there is one way out that someone renew his marriage according shafii madhab and then he can continue living together with his wife.

And what is the definition of shahwat? I know the direct skin to skin contact but what is meant with shahwat? Must he have a full errection?

I think i got waswasa about it what should i do? but please can you just send me an email answer and do not publicate this on your website? 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1)     It is important to understand that following one Mazhab (school of thought) in all its rulings is wājib. This is referred to as Taqlīd. One may not pick and choose opinions from different Mazaahib and practice on whichever he/she finds more convenient.  This is a form of ittibā'ul hawā (following one's desires) and constitutes disregarding the laws of Sharī'ah.

If taqlid was not constricted to only one school of thought, the general masses would conveniently practice on only the easiest rulings of each Mazhab. At times, this could lead them to abandon all four Mazahib (schools) concurrently on one act. This would inevitably lead to contradictions and errors and will ultimately lead to introducing a new Mazhab which is based on carnal desires and opposes the practices of our pious predecessors. A famous example given is that, suppose a person performs wudu, and thereafter gets cut on his finger which causes him to bleed. According to the Hanafi ‘Ulama, his wudu is broken, whereas according to the Shafi’ ‘Ulama his wudu is still intact. In order to avoid making wudu, he takes the Shafi’ view on this matter. This man then touches his wife with desire; according to the Shafi’ opinion his wudu is broken, whereas according to the Hanafi Mazhab his wudu is still perfect. Seeing that the Hanafi view is easier on this issue, he chooses to follow that Mazhab. He thereafter consumes camel meat which nullifies his wudu according to the Hanbali Mazhab. He finds that there is more ease in following the view of those who say that camel meat does not invalidate one’s wudu and therefore chooses to follow their view. Thereafter, he stands up to perform prayers. It is clear that according to the vast majority of Scholars his prayer will not be valid. His worship will be based more on human ego rather than Qur’ān and Hadīth and his entire deen will be unsystematic.

It is precisely for this reason that Mawlānā Ashraf ‘Alī Thānwī Rahimahullāh stated, “Our deen is systemized through Taqlīd.”[1]

As far as the issue of al-Hurmah al-Musāharah is concerned, the Shāf’ī Mazhab does not recognise this aspect. As a follower of the Hanafī Mazhab, one is not permitted to follow the Shāf’ī Mazhab or any other Mazhab in matters of al-Hurmah al-Musāharah or any other matter. One is obliged to strictly adhere to the rulings of his/her Mazhab.

2)     Al-Hurmah al-Musāharah is established by the actions of either a man or a woman. The definition of shahwah in masā’il of al-Hurmah al-Musāharah is that a man experiences an arousing feeling in his private part when looking at a woman or touching her and has an inclination of becoming intimate with her, or if he is already aroused, then his arousal increases. As for a woman and an old man, the stirring feeling of intimacy experienced in the heart will be considered as shahwah and will establish al-Hurmah al-Musāharah.

This is a general explanation of al-Hurmah al-Musāharah. The rules of al-Hurmah al-Musāharah are intricate. In order to obtain a specific ruling, one should present the specific situation for analysis and consideration.

It is not necessary for both the man and woman to experience the abovementioned feelings in order for al-Hurmah al-Musāharah to be established. It shall be established with any one of them experiencing such feelings.

3)     If you have waswasa about al-Hurmah al-Musaharah, then do not pay heed to any such thoughts. These are insinuations from shaytaan to put you in doubt. Ignore them and focus towards becoming conscious of Allāh. Also seek medical advice on the matter.

 

And Allah Ta’āla Knows Best

Nabeel Valli

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net



[1] Ashraf al-Jawab, Pg. 168 (Kutub Khana Na’eemiyyah, Deoband)

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