Women claiming Hurmat-e-Musaaharat
Question:-
If a woman claims Hurmat-e-Musaaharat, will the Nikah break by her claim, or is the admission of the accused, or the husband, necessary?
Answer:-
If the wife accuses a person of fondling with her (for example) due to which Hurmat-e-Musaaharat is established (such as her son fondling with her), and the husband has conviction in her claim and even testifies to it, then she will become Haraam upon her husband. In this case, it becomes Waajib upon the husband to separate from the wife immediately and he should tell her, “I have left you”, or, he should divorce her.
However, if the husband doesn’t have any conviction in her claim, and, in fact, he falsifies or denies her claim, then Hurmat-e-Musaaharat will not be established, and both will remain as husband and wife. Re:- Fataawa Mahmoodiyyah Pg.361 Vol.10
In conclusion, admission from the perpetrator or the husband is necessary for Hurmat-e-Musaaharat to be established. The claim of the wife only will not suffice in establishing Hurmat-e-Musaaharat.