Do kissing or touching short of penetration (Mubashara doona al-farj) invalidate the marriage or create permanent prohibition?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

There are two narrations concerning kissing or touching short of penetration: one narration states that it creates permanent prohibition (Nashr al-Hurma), which is the view of Abu Hanifa and his school, because it is a direct physical contact that is forbidden outside of marriage and ownership, thus resembling full intercourse. The second narration holds that it does not create permanent prohibition because it is not a means to legal cohabitation (Sabab li al-B'udhiyya), and therefore does not create permanent prohibition, similar to mere looking or seclusion.

Supporting text

The associates of Abu Hanifa established that looking at the private parts (Nadhar ila al-Farj) or seclusion with desire (Khilwa li Shahwa) creates permanent prohibition.