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Question ID: 877 Category: Dealings and Transactions
Touching a Namehram with Lust

Assalam Alaikum,

           Aali Janab damat barkatuhu, my question is regarding marriage break.  I heard, just heard from third person and have not propogate it and very curious and in a very big dilemma after listening to this.  There is a very big disturbance going on in my mind.  If you can please solve this query.
The question is, if you are married and you touched a ghair mehram( women) with sexual feelings your nikah with your wife is invalid and you have to again do nikah with your wife.
Is this true? and please give us a ruling on how much this ruling is true in the light of shariah and islam.  This has been quoted by a women told to another women who is doing alima course from your shariah board of america chicago.  Moreover can you ask the solution to an alim to this kind of masala or you have to ask a mufti e deen. please enlighten us. 
Jazakallah khair.

 

الجواب وبالله التوفيق

Touching a namehram with or without lust is considered haram. However if someone touched a namehram it does not make their wife haram upon them, doing so is still considered a grave sin and one should repent and perform astaghfar. It is haram upon you to perform Nikah with this woman’s mother or daughter (whom you touched with lust).

(وطی اخت امراتہ لا تحرم علیہ امراتہ   (کتاب النوازل ص 301، ج8، بحوالہ الدرالمختار مع الشامی

واللہ اعلم  بالصواب

Answered on: 23 November 2019 | 26 Rabiul-Awal 1441 Answer By: Mufti Ghulam Samdani Sahib Checked By: Mufti Mohammed Navalur Rahman