incest acts with daughter in law

Question ID: 
2105
bil***@gmail.com asks:

Question

Assalamualaikum i have a question concerning my marriage... Its been 4months my father in law had a talk to me his intentions were not good at all, he is someone maniac n pervert he told me i was his ex wife in his last birth n also now i belong to his son but sometimes if i can help him get his pleasure just by holding my hands... And twice he rubbed his hand on me all i want to know is im still in nikkah with my husband or not? Its been 7months of marriage... I tried my best i told my husband let us go live separately in another house he said no i must forget everything my father in law already asked forgiveness but i want to know if im still in my husband nikkah

Answer

Walaikum salaam wa rahmatullah

In Shariah, if a man touches a woman with lust, in such a manner that he felt the warmth of her body (for example: she was wearing thin clothing or he touched her bare skin), then all the ascendants and descendants of both the man and woman will become haraam upon one another.

Hence, in your enquired scenario, if the above did take place, then your father in law has committed acts of incest against your person.

Therefore, this will result to your husband becoming Haraam on you and that you can no longer live with him. He will have to release you from his nikah by giving a talaq.

From the above explanation, you can deduce yourself if acts of incest did really take place or not between you and your father in law.

We appeal to the community at large to give due consideration to this. Such cases are becoming quite common in our society. That's why Shariah emphasised a lot on Hijab and Pardah. We should definitely keep our distances from our non mahrams and those mahram from nikah like father in laws! The consequences can be really serious and heartbreaking.

"ثم المسّ إنما یوجب حرمة المصاهرة إذا لم یکن بینهما ثوبٌ ، أما إذا کان بینهما ثوب فإن کان صفیقاً لا یجد الماس حرارة الممسوس لا تثبت حرمة المصاهرة وإن انتشرت آلته بذلك، وإن کان رقیقاً بحیث تصل حرارة الممسوس إلی یده تثبت، کذا في الذخیرة". (كتاب النكاح، الباب الثالث في بيان المحرمات

وحرم علي المرء ........ وفرع مزنية وممسوسة وماسة ومنظورة الي فرجها الداخل بشهوة واصلهن (الوقاية - ص ١٢ ج٢)

And Allah knows best

Answered by:
(Mf) Bilal
For the Jamiatul Ulama of Mauritius