In my locality a woman, who is pregnant, also has one child before, is physically sexually harassed by her father in law. She is confirm that, he touched her with lust. Because, he touched her in certain body parts that certainly manifest this. Also, it happened multiple times. Now, my questions are- 1. Is the marriage with her husband annulled because of her father in law’s lustful touching? 2. No intercourse has taken place. So, can the marriage remain valid? 3. After questioning that father in law he doesn’t accept that he did this with lust. So, because of his disagreement, can the marriage remain valid? 4. Even if, the husband has to divorce his wife, can he marry this woman again after her iddat period? 5. The most important question for me is, why for such a criminal act of her father in law, the marriage has to be broken? Here, both the parties of marriage- husband and wife are innocent. The daughter in law had no intention to be physically intimate with her father in law. I feel, the woman is being victimized from both sides. She had been sexually harassed. And, her marriage is also being broken, where she had no fault. Also, her childs will not get their father with them in a family, where they had no fault. How, can she accept this and solace herself? Please mention if there is any quranic verse or sahih hadith that supports invalidating this marriage in such situation. JazakAllah Khayer.
Bismillah Hir Rahman Nir Raheem
First of all, let me tell you about what is Hurmat e Musawarat. Some relation is haram according to Islam. For example, a father can’t make physical relation with daughter because its haram similarly a son can’t make relation with his mother. Now hurmat e musawarat is referred to the haram connection after marriage. Like a son-in-law can’t make relation with his mother-in-law likewise a daughter-in-law can’t have a physical involvement with his father-in-law.
For example, if one person touches a young woman with lust than Hurmat E Musawarat will take place in such condition the mother and daughter of that woman will be haram for that person. The same condition is applied for the woman and the father and son of that person will be haram for that lady. If this happens with strangers than also Hurmat E Musawarat will be applied.
Now the same condition is for families. If father-In-Law touches his daughter-in-law with lust and bad intentions then Hurmat E Musawarat will be applied and the relationship of that woman will be haram with his son. Now according to your question Rebeka Akter its confirmed that Hurmat E Musawarat had happened so she has to left her husband because her marriage is now illegal according to Shariyat.
Now the question arises that why that woman have to pay for the sins of her father-in-law? Why her marriage gets destroyed because of someone else? She didn’t have any wrong intention then why she suffers? The answer to that is our shariyat is based on strict laws. It put the big sins in the category of haram and it also put small things in the list of haram and there is a reason for that. For example, Zina is a sin in shariyat, and touching or seeing any woman with lust might take that person to Zina so it is also haram.
We will suggest you that before taking any step she should consult any good mufti. Every Aalim is not mufti. So her family should consult a very knowledgeable mufti who have very good experience in the fatwa field. Remember one thing although rules are equal for everyone but in a special condition, there can be a benefit. In the condition of touching there can be a change in a fatwa in some situations, but it can be done by a specialised mufti. Insha Allah everything will be fine for her. Allah Subhan Wa ta’ala have plans for everyone and he might have planned something good for her.