I would like to ask about the ruling of the following situation. My husband kisses me a lot during the day of Ramadan. Every time, he does so, I tell him that this shouldn’t happen while fasting; however, he doesn’t listen to me. On the contrary, he does the same thing more and more. How shall I deal with him?

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

Referring to your question, kissing is allowed in the day of Ramadan under one condition. If he can control his desire and lust as well, and prevent himself from doing what could follow such a kiss, it is allowed. However, it is not allowed if one cannot control himself and might have sexual intercourse.

The Palestinian Legal Verdict Council published on page 33 on its journal the ruling of kissing while fasting. They say:

Kissing in the day of Ramadan is allowed if it does not result in releasing semen or lead to sexual intercourse. They drew the following example, if mouth-wash could make someone unconsciously drink as water may reach to stomach; and thus, it breaks the fast, kissing could do the same if it leads to semen or sexual intercourse; and thus, it breaks the fast. To sum up, if a husband ejaculates because of a kiss, or if a kiss opens the door for sexual intercourse, it is not allowed.

Omar Ibn al-Khattab said: “I was in good spirits one day and kissed (my wife) when I was fasting. I came to the prophet (PBUH) and said: “I have done something serious. I kissed my wife when I was fasting.”  The messenger of Allah said: “What do you think if you rinse your mouth with water when you are fasting?” I said: “There is nothing wrong with it.” The messenger of Allah said: “Then why are you worried?” Musnad Ahmad.

However, there is no discrimination whether the husband is old or young. What is necessary is to be sure who controls himself. ‘Aisha RRA narrated: “Allah’s messenger used to kiss and embrace while he was fasting, but he was the one of you who had most control over his desire. Related by al-Bukhari and Muslim. (Fath al-Bari: 1/77)