Musaaharah is the family relationship created by marriage. Hurmat Musaaharah means the prohibition to marry certain persons as a consequence of the ties created by marriage, e.g. a man cannot marry his daughter-in-law if she is divorced froim her son, or a man cannot marry his mother-in-law, etc.

Hurmat Musaaharah also comes into existence by zina (fornication) or any act of sexual demeanour as defined by the Shariah. Thus, if a man even touches with lust with his hand any bare part of a woman, then that woman’s children and mother are haraam for him. He cannot marry any of them. If such an act is perpetrated with the daughter-inlaw, she becomes haraam for her husband. There is no way of undoing the damage. They simply have to separate for ever.

When any such misdemeanour occurs, it is Waajib to separate. The woman is not permitted to continue living as the man’s wife even if he insists. Husband and wife relationship terminates in the wake of an act of sexual misdemeanour.

Whilst Hurmat Musaaharah renders husband-wife relationship haraam, the Nikah still remains intact. The husband is required by the Shariah in such an event to verbally say: “I have left you”, or words to this effect. Or he may issue Talaaq. He is under Shar’i compulsion to finalize the separation by terminating the Nikah verbally.

The following are the conditions for the creation of Hurmat Musaaharah:

1. The touching must be with bare parts of the body. If a man committed the haraam act of touching his daughter-in-law with lust, but he did not touch any bare part of her body, then Hurmat Musaaharah will not take effect.

2. The girl is 9 years old or more. If she is under this age, then while the act remains haraam and a major sin, Hurmat Musaaharah is not created. The male should not be less than 12 years.

3. Touching the hair on the head with lust with the bare hand creates Hurmat Musaaharah, not so by touching the hair whih hangs loosely.

In view of the grave consequences of sexual misdemeanour involving certain classes of close relatives, the Fuqaha of Islam have emphasized the imperative importance of exercizing great caution. Despite marriage not being permissible, the presence of carnal lust is an irrefutable fact. For example, marriage to the
daughter-in-law in the event of her husband’s demise or divorce, is not permissible nor ever valid. However, if this woman had not married the man’s son, marriage with her would have been permissible. This confirms the presence of carnal lust in both. Similalrly, if a person’s stepmother had not married his father, marriage with her would have been permissible.

The Fuqaha have therefore emphasized that Hijaab of a substantial degree should be observed by such persons. A woman should not be alone with her father-in-law nor a man with his stepmother. Such males are not appropriate mahrams for a journey. Cases of sexual misdemeanour between such persons are not isolated.
Innumerable such cases happen. Due to lack of fear for Allah Ta’ala, many simply continue to live together as husband and wife, producing illegitimate offspring. Thus, they destroy their worldly life and their life of the Aakhirah.