Ḥurmah al-Muṣāharah Between Siblings

Question

My question is that if biological siblings related by blood Brother and Sister ( means from same mother and same father) touched each other sexually with lust. The sister was married at the time when touching with lust was happened so does it invalidate nikah of her with her husband and her husband is her double 1st cousin ( means their mothers are sisters and fathers are brothers) please tell me according to hurmat e musharrh

Darul Ifta, Madrasah Urwah bin Az-Zubayr · Accepted Answer

As salām ʿalaikum wa raḥmatullāhī wa barakātuhu

In the Name of Allāh, the Most Gracious, the Most Merciful.

It is important to understand that any form of sexual touching with desire between a real brother and sister is completely Ḥarām and a major sin. It is necessary for both individuals to make sincere Tawbah, feel genuine remorse, and to make a firm intention to never return to such behaviour.

The ruling of Ḥurmah al-Muṣāharah does not apply in this scenario and would not affect the woman’s existing Nikāḥ. A brother and sister are always permanently Ḥarām to one another through lineage. The laws of Ḥurmah al-Muṣāharah generally apply in situations where such contact occurs with someone who is permissible to marry, and the prohibition is then extended to the parents and children of the two individuals involved in this act.

In the above scenario, the woman’s marriage to her husband will not be invalidated by this incident. However, the gravity of the sin must not be taken lightly. It is essential that both individuals immediately cease all such behaviour, and turn to Allāh ﷻ asking for forgiveness and protection from falling into such actions again.

And Allāh Taʿālā knows best.

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