What Is the Ruling of Hurmat al-Musahara in Shafi‘i School?
Shafi'i Fiqh
Answered by Shaykh Irshaad Sedick
Question
Does the prohibition of Hurmat al-Musahara universally apply, and what is the Shafi‘i perspective on mistaken acts versus zina in this context? For example, if a man mistakenly has relations with his mother-in-law, assuming she is his wife, does this invalidate his marriage? Similarly, would marrying the daughter of a woman with whom he was in an invalid marriage be permissible?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
The rules of Hurmat al-Musahara (the non-marriageable kinship created through marriage or intercourse) are based on Quranic principles and scholarly interpretations, with some variations among the Schools of Islamic law. This principle prohibits certain marital relationships, such as a man marrying his wife’s mother after concluding a marital contract with her.
Allah says, “Do not marry former wives of your fathers—except what was done previously. It was indeed a shameful, despicable, and evil practice.” [Quran, 4:22]
Mistaken Acts and Zina in the Shafi‘i Perspective
In the Shafi‘i School, unlawful intercourse does not establish Hurmat al-Musahara. This differs significantly from the Hanafi School, where touching or other forms of physical interaction with lust can establish such prohibition under specific conditions. [Mawsu‘a Fiqhiyya Kuwaytiyya]
Therefore, if a man has relations with his mother-in-law (unlawfully), this does not invalidate his marriage to his wife in the Shafi‘i School, as Hurmat al-Musahara is not established without a valid marriage. [Mawardi, al-Hawi Al-Kabir, 9:214]
Other Schools
The Hanafi School adopts a stricter approach, where even unintentional acts, such as touching with lust, may create Hurmat al-Musahara.
We pray this clarification is beneficial and that Allah grants ease and guidance to all.
Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Muhammad Carr
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.
