Chapter 12: Regarding Looking And
Touching
Allah عزوجل commands
(قُلۡ لِّلْمُؤْمِنِیۡنَ
یَغُضُّوۡا مِنْ اَبْصَارِہِمْ وَ یَحْفَظُوۡا فُرُوۡجَہُمْ ؕ ذٰلِکَ اَزْکٰی
لَہُمْ ؕ اِنَّ اللہَ خَبِیۡرٌۢ بِمَا یَصْنَعُوۡنَ ﴿۳۰﴾وَ قُلۡ لِّلْمُؤْمِنٰتِ
یَغْضُضْنَ مِنْ اَبْصَارِہِنَّ وَ یَحْفَظْنَ فُرُوۡجَہُنَّ وَلَا یُبْدِیۡنَ
زِیۡنَتَہُنَّ اِلَّا مَا ظَہَرَ مِنْہَا وَ لْیَضْرِبْنَ بِخُمُرِہِنَّ عَلٰی
جُیُوۡبِہِنَّ ۪ وَ لَا یُبْدِیۡنَ زِیۡنَتَہُنَّ اِلَّا لِبُعُوۡلَتِہِنَّ اَوْ
اٰبَآئِہِنَّ اَوْ اٰبَآءِ بُعُوۡلَتِہِنَّ اَوْ اَبْنَآئِہِنَّ اَوْ
اَبْنَآءِ بُعُوۡلَتِہِنَّ اَوْ اِخْوَانِہِنَّ اَوْ بَنِیۡۤ اِخْوَانِہِنَّ اَوْ
بَنِیۡۤ اَخَوٰتِہنَّ اَوْ نِسَآئِہِنَّ اَوْ مَا مَلَکَتْ اَیۡمَانُہُنَّ اَوِ
التَّابِعِیۡنَ غَیۡرِ اُولِی الْاِرْبَۃِ مِنَ الرِّجَالِ اَوِ الطِّفْلِ
الَّذِیۡنَ لَمْ یَظْہَرُوۡا عَلٰی عَوْرٰتِ النِّسَآءِ ۪ وَلَا یَضْرِبْنَ
بِاَرْجُلِہِنَّ لِیُعْلَمَ مَا یُخْفِیۡنَ مِنۡ زِیۡنَتِہِنَّ ؕ وَ تُوۡبُوۡۤا
اِلَی اللہِ جَمِیۡعًا اَیُّہَ الْمُؤْمِنُوۡنَ لَعَلَّکُمْ تُفْلِحُوۡنَ ﴿۳۱﴾)
“Say to the Muslim men (that) they should lower their
gazes and protect their private ornaments. This is of great chastity for them.
Undoubtedly, Allah is well aware of all their actions. And command the Muslim
Women that they should lower their gazes and protect their private ornaments.
And they should not flaunt their ornamentation, except that which is by it self
apparent. And they should keep their bossoms covered with their stoles and they
should not reveal their beauty, but to their husbands, or to their fathers, or
their husband’s fathers, or to the theirs sons, or to the son’s of their
husbands, or to their brothers, or to sons of their brother’s or the sons of
their sister’s, or to the women of their Deen or to their female slaves whom their
hands own, or to their servants (male), on condition that they do not have
lustful needs, or to such small children who have no idea of the things related
to the shame of women; And they should not strike their feet on the ground,
through which their concealed beauty may be exposed. And repent, turning
towards Allah, O Muslims, Altogether, in the hope of attaining salvation.” [Surah 24 Verses 30-31]
And He commands
(یٰۤاَیُّہَا النَّبِیُّ
قُلۡ لِّاَزْوَاجِکَ وَ بَنٰتِکَ وَ نِسَآءِ الْمُؤْمِنِیۡنَ یُدْنِیۡنَ
عَلَیۡہِنَّ مِنۡ جَلَابِیۡبِہِنَّ ؕ ذٰلِکَ اَدْنٟٓى اَنۡ یُّعْرَفْنَ فَلَا
یُؤْذَیۡنَ ؕ وَکَانَ اللہُ غَفُوۡرًا رَّحِیۡمًا ﴿۵۹﴾)
“O Nabi! Say to your wives and your daughters, and to
the believing women, that they should spread their stoles over themselves,
through this, they will be recognized and they shall not be offended. And Allah
is The Forgiving, Most Merciful.” [Surah 33
Verse 59]
And He commands:
(وَ الْقَوَاعِدُ مِنَ
النِّسَآءِ الّٰتِیۡ لَا یَرْجُوۡنَ نِکَاحًا فَلَیۡسَ عَلَیۡہِنَّ جُنَاحٌ اَنۡ
یَّضَعْنَ ثِیَابَہُنَّ غَیۡرَ مُتَبَرِّجٰتٍۭ بِزِیۡنَۃٍ ؕ وَ اَنۡ
یَّسْتَعْفِفْنَ خَیۡرٌ لَّہُنَّ ؕ وَاللہُ سَمِیۡعٌ عَلِیۡمٌ ﴿۶۰﴾)
“And the elderly women retired (to their homes), who
have no aspiration to marry, there is no sin upon them, that they may leave
aside their outer garb, whereas they do not display their attractiveness, and
it is better for them to desist from that (as well). And Allah is (All)
Hearing, (All) Knowing.” [Surah 24 Verse 60]
Hadith 1: In Sahih
Muslim it is narrated from Hazrat Jaabir رضی اللہ
تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said,
‘A woman appears before you in the form of shaitaan and she returns in the
appearance of shaitaan. When someone looks at a woman and he finds her
desirable and something transpires in his heart, then he should be intimate
with his wife. This will cause that feeling to subside which transpired in the
heart’.
Hadith 2: Daarimi reported
from Abdullah ibn Mas’ud رضی اللہ تعالٰی عنہ that Rasoolullah
صلَّی اللہ
تعالٰی علیہ وسلَّم said, ‘Whosoever looked at a woman and he
finds her desirable, he should go to his wife, for she too has the same which that
woman has’.
Hadith 3: In Sahih
Muslim it is narrated from Jareer bin Abdullah رضی اللہ
تعالٰی عنہ. He says that ‘Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم was asked
regarding (what should be done) when the sight falls upon a woman without
intent. Huzoor صلَّی اللہ
تعالٰی علیہ وسلَّم commanded, ‘Turn your gaze away’.’
Hadith 4: Imam
Ahmed, Abu Dawud, Tirmizi and Daarimi reported from Buraidah رضی اللہ تعالٰی عنہ that Rasoolullah صلَّی
اللہ تعالٰی علیہ وسلَّم said to Hazrat Ali رضی
اللہ تعالٰی عنہ ‘Do not place the second sight after the first
sight (i.e. if unexpectedly without intent, your sight falls upon a woman, then
immediately look away and do not lay your sight on her for the second time), because
to look once is permissible and to look again is not permissible’.
Hadith 5: Tirmizi
reported from Abdullah ibn Mas’ud رضی اللہ
تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said,
‘A woman is an Awrat’. In other words she is something that must be concealed.
‘When she emerges, shaitaan peeps at her’. In other words, to look at her is a
shaitaani (i.e. evil) action.
Hadith 6: Imam Ahmed
reported from Abu Umaama رضی اللہ تعالٰی عنہ that Rasoolullah
صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘A Muslim who looks at the
attractiveness of a woman for the first time (i.e. only once without intending
to have done so) and then closes his eyes tightly, Allah ta’aala will afford
him such an Ibaadat, by which he will attain its pleasure’.
Hadith 7: Baihaqi
reported from Hassan Basri رضی اللہ تعالٰی عنہ. He
says, ‘I received this information that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said that
‘the curse of Allah is upon the one who looks and upon the one who was looked at’.’
In other words, this is when the one who looks, does so intentionally without a
valid reason and the other person displays themselves to be looked at
intentionally without a valid reason.
Hadith 8: Ibn Majah
reported from A’isha رضی اللہ تعالٰی عنہا. She says, ‘I never looked towards the private parts of
Rasoolullah ’
صلَّی اللہ تعالٰی علیہ وسلَّم.
Hadith 9: Tirmizi,
Ibn Majah and Abu Dawud reported on the authority of Bahaz ibn Hakeem, who
narrated from his father, who narrated from his grandfather, that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said,
‘Keep your private parts protected (concealed), except from your wife and from the
handmaid, of whom you are the owner’. I said, ‘Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم! (And) if a man is alone?’ He صلَّی اللہ تعالٰی علیہ وسلَّمsaid, ‘It
is more precious to be modest before Allah’.
Hadith 10: Tirmizi
reported from Hazrat Umar رضی اللہ تعالٰی عنہ that Rasoolullah
صلَّی اللہ تعالٰی علیہ وسلَّم
said, ‘When a man is alone with a woman, then
the third one there is shaitaan’.
Hadith 11: Tirmizi
reported from Jaabir رضی اللہ تعالٰی عنہ that
Rasoolullahصلَّی اللہ تعالٰی علیہ وسلَّم said, ‘Do not visit women whose husbands are
away, for shaitaan flows in you like blood’. In other words, it does not take
time for shaitaan to deceive you. We asked ‘and to you Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم!?’ Heصلَّی اللہ تعالٰی علیہ وسلَّم said ‘and to me as well, but Allah has
granted me assistance against him. (Either he said) He became a believer or I
remain protected’. Both meanings can be derived from the words of the Hadith.
(In other words, shaitaan tries to harm everyone, but he cannot harm
Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم).
Hadith 12: In Sahih
Muslim it is reported from Uqba bin Aamir رضی اللہ
تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘Avoid going towards women’. A person said,
‘Ya Rasool’Allah صلَّی اللہ تعالٰی علیہ وسلَّم! What is the ruling regarding the
brother-in-law (husband’s younger brother)?’ He صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘that the brother-in- law is death’. In
other words to go in front of the brother-in-law is like facing death, for
there is a greater risk of temptation (waywardness) in this.
Hadith 13: Tirmizi
reported from Ibn Umar رضی اللہ تعالٰی عنہما that Rasoolullah
صلَّی اللہ
تعالٰی علیہ وسلَّم said, ‘Abstain from being naked, because
there are those (Angels) with you, who do not separate from you except when you
enter into the toilet and at the time when a man goes close to his wife (i.e.
when he is intimate with her). Thus, be modest before them and respect them’.
Hadith 14: Tirmizi
and Abu Dawud reported from Jarhad رضی اللہ
تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said,
‘Do you know not, that the thigh is ‘Awrat’? In other words, it is a part (of
the body) that needs to be concealed’.
Hadith 15: Abu Dawud
and Ibn Majah reported from Hazrat Ali رضی اللہ
تعالٰی عنہ that Huzoor صلَّی اللہ
تعالٰی علیہ وسلَّم said, ‘Do not allow the thigh to be exposed,
and do not look towards the thigh of a living person or towards the thigh of a
deceased person’.
Hadith 16: In Sahih
Muslim it is narrated from Abu Sa’eed رضی اللہ
تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said,
‘Neither should a male look at the (Satr) private parts of another male and nor
should a female look at the (Satr) private parts of another female. Neither
should a man sleep naked under one sheet with another male and nor should a
female sleep naked under one sheet with another female’.
Hadith 17: Tirmizi,
Abu Dawud and Imam Ahmed have reported from Umm-e-Salma رضی اللہ تعالٰی عنہا
that she and Hazrat Maimoona رضی اللہ تعالٰی عنہا
were in the Holy Presence of Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم when
Abdullah ibn Umm-e-Maktum رضی اللہ تعالٰی عنہ arrived.
He صلَّی اللہ
تعالٰی علیہ وسلَّم commanded both of them to go into their
private chambers. She says, ‘I said Ya Rasool’Allah صلَّی
اللہ تعالٰی علیہ وسلَّم! He is blind and he will thus not be able to see us’. Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم said ‘Are the both of you blind as well? Will
you not be able to see him?’
Hadith 18: In Sahih
Bukhari on the authority of Abdullah ibn Mas’ud رضی
اللہ تعالٰی عنہ that Rasoolullah صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘A
woman should not embrace another woman and then describe her to her husband as
if he was looking at her’.
Hadith 19: It is in
Sahih Muslim from Jaabir رضی اللہ تعالٰی عنہ that
Rasoolullah صلَّی اللہ
تعالٰی علیہ وسلَّم said, ‘Beware! No man should spend the night
at the house of a Thay’yib woman (i.e. a divorced or widowed woman), but in the
circumstance where he is to make Nikah to her, or if he is her Mahram’ (legal
guardian with whom marriage is disallowed).
Hadith 20: It is in
Sahih Muslim from Abu Hurairah رضی اللہ
تعالٰی عنہ who says, ‘I was in the presence of Nabi Kareem صلَّی اللہ تعالٰی علیہ وسلَّم and I said that I have the intention of
making Nikah (marrying) with an Ansari woman. Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم said, ‘You
should see her, for there is something in the eyes of the Ansaar. In other
words, their eyes are slightly auburn’ (i.e. golden-brown in colour)
Hadith 21: Imam
Ahmed, Tirmizi, Ibn Majah, Nasa’i and Daarimi reported from Mughira bin Shu’ba رضی اللہ تعالٰی عنہ. He says that I sent a proposal of Nikah to a
lady. Rasoolullah صلَّی اللہ
تعالٰی علیہ وسلَّم said to me, ‘Have you seen her already?’ I
answered in the negative. He صلَّی اللہ تعالٰی علیہ وسلَّم said ‘You should see her, so that due to
this, the probability of mutual agreement between the two of you may be
greater’.
Laws of Jurisprudence
The Laws in this Section are in four categories:
1. Regarding a male looking at a male
2. Regarding a female looking at a female
3. Regarding a female looking at a male
4. Regarding a male looking at a female
A male may look at any part of the body of another male except for
those parts that are regarded as Satr. In other words (this refers to) those
parts that must be covered. This is from below the navel up to below the knees,
as it is Fard to conceal (i.e. Cover) this portion ofthe body. Those parts of
the body which are necessary to be covered, are known as the ‘Awrat’ (i.e. that
which must be concealed). If you see someone with his knees exposed, then you
should prohibit (i.e. caution) him, and if you see that his thigh is exposed,
then you should prohibit him sternly and if his private parts are exposed, then
he should be chastised. [Alamgiri]
Law: There is no ‘Awrat’ for a very
young child. In other words, it is not Fard to conceal any parts of the child’s
body. When he becomes a little older, it is necessary to cover his private
parts (i.e. both the rear and front), and when he becomes even older, meaning
more than ten years of age, the ruling regarding him is the same ruling which
applies to one who is Baaligh[1].
[Raddul Muhtar]
Law: That part of the body which
one may look at can also be touched. [Hidaya]
Law: When a boy reaches
adolescence and he is not very attractive, then to look at him is based on the
same ruling as looking at an adult male. If he is very attractive, then the
ruling applying to him is that which applies to looking at a female. In other
words, to look towards him with lust is Haraam, and if there is no lust, then
it is allowed to look at him. Sitting alone with him is also permissible. When
it is said that there should be no lust, it means that one should have full confidence
that looking at him will not create any lustful feelings. If one has the
slightest doubt of this occurring, then one should never look at him. Even the
desire to kiss falls within the confines of lust. [Raddul Muhtar]
Law: Regarding a female
looking at a female, the ruling is the same as that of a male looking at a
male. In other words, she cannot look at another female from below the waist up
to the knees. She is allowed to look at the rest of another female’s body, on
condition that there is no danger of lustful feelings. [Hidaya]
Law: A pious women should
protect herself from the sight of a (sexually) immoral female. In other words,
she should not remove her stole (scarf etc.) in her presence, as such a woman
will look at her and then mention to other men regarding her figure and looks etc.
It is also not Halaal for a Muslim female to open her ‘Satr’ in the presence of
an unbelieving female (kaafirah). [Alamgiri]
Unbelieving women come into (our) homes and (our) women are attired
in a manner whereby certain parts of her ‘Satr’ are opened, just as when she is
in the presence of Muslim women. It is necessary for them to abstain from this.
In most places, the midwives are unbelievers and they assist in the delivering
of babies. If Muslim midwives are available, a non-Muslim midwife should not be
engaged for this purpose, as it is not permitted to expose those parts of the
body in the presence of a non-Muslim female.
Law: The ruling in regards
to a female looking towards a strange man is the same ruling which is regarding
a male looking at a male. This ruling is only applicable when a female knows with
full confidence, that she will not have any lustful feelings by looking towards
him. If there is the slightest doubt that these lustful feelings may occur,
then she should never look towards him. [Alamgiri]
Law: A female should never
touch the body of a strange male if any one of them is a young person (i.e. is
of marriageable age). There is a possibility of that person having lustful
feelings. This rule applies even if both of them are confident that no lustful
feelings will arise. [Alamgiri]
Law: Some young women press
the hands and feet of their Peers (Spiritual Guides) and some Peers even allow
their female disciples to press their hands and feet, and most often, either
both of them or at least one of them is within the limits of lust. To do this
is impermissible and both are regarded as sinful.
Law: Regarding a male looking
at a female. There are a few circumstances pertaining to this:
1. For a male to look at
his wife or his handmaid.
2. For male to look
(glance) towards his Mahaarim[2].
3. For a male to look at
a free strange woman (i.e. not a baandi).
4. For a male to look at
the handmaid of someone else.
In the first circumstance, he may look at her from her heel to the
top of her hair (pony-tail). In other words, he may look at every part of her
body in both conditions, meaning with or without lustful feelings. Similarly,
both these women (i.e. his wife and his handmaid) may look at every part of his
body. However, it is better not to look at the private ornaments of the body as
this causes Nisyaan[3] and it also causes the
weakness in eyesight. In this Law, the baandi[4]
that is being referred to is one with whom Watee[5]
is permissible. [Alamgiri, Raddul Muhtar,
Durr-e-Mukhtar]
Law: That handmaid with
whom one cannot be sexually intimate, such as one who is a Mushrika[6],
or if she is a Mukaatibah[7],
or Mushtarika[8], or if Watee is Haraam
with her due to Raza’at[9]
or due to Musaharat[10]
falls within the ruling of an Ajnabiya[11].
[Durr-e-Mukhtar]
Law: He may touch the
entire body of his wife and of a handmaid (who is permissible for him to
copulate with) and she may touch any part of his body, to the extent where both
are allowed to touch the private parts of one another. [Alamgiri]
Law: During sexual
intercourse, both of them are allowed to be completely exposed, that is if the
house (room) is very small, i.e. it is of ten or five hand lengths. [Alamgiri]
Law: When a husband and
wife are on their bed, and they are not being sexually intimate, then in such a
condition, their Mahaarim may enter after seeking permission. They may not
enter without permission. Similarly, the servant, i.e. slave or handmaid may
also enter. [Alamgiri]
Law: If one holds the hand
of the baandi and takes her into his room (private chambers) and closes the door,
causing people to realize that he did this so that he may be intimate with her,
then this is Makruh. Similarly, to be intimate with your wife in the presence
of your co-wife (second or third wife etc.) is also Makruh. [Alamgiri]
Law: One may look towards
the head, chest, shin, shoulder, wrist, neck and feet of those who are his
Mahaarim, if there is no danger of lustful feelings stirring up between either
of them. To look towards the stomach, back and thigh of the Mahaarim is
impermissible. [Hidaya]
Similarly, to look towards their sides and knees is also
impermissible. [Raddul Muhtar]
To look towards their ears, neck, shoulder and face is
permissible. [Alamgiri]
Law: ‘Mahaarim’ refers to
those females with whom Nikah is Haraam forever. This is whether it is Haraam
due to Nasab[12] or due to Sabab[13],
such as fosterage, or due to relationship. If it is Haraam due to relationship
on the basis of adultery, like the causes and effects relating to an
adulteress, then the ruling regarding looking towards them is also the same. [Hidaya]
Law: One may also touch the
parts of the Mahaarims body, which he is allowed to look at, on condition that
there is no risk of lustful feelings stemming from it for each. A man may press
the feet of his mother, but he can only press her thigh if it is covered, i.e.
he may do so on her clothes. However, it is impermissible for him to touch her
thigh without it being covered. [Alamgiri]
Law: One may also kiss the
feet of his mother. It has been mentioned in the Hadith: One who kissed the feet
of his mother; it is as if he kissed the doorpost of Jannat. [Durr-e-Mukhtar]
Law: To travel with your
Mahaarim or to be alone in privacy with her; in other words, for both to be alone
in a house, where there is no one else, is permissible, on condition that there
is no risk of lustful feelings stemming from this. [Alamgiri]
Law: To look towards a
baandi who belongs to someone else is in the same ruling as that of the Mahaarim.
The same rule applies to the Mudabirah[14]
and Mukaatibah. [Hidaya]
Law: If a person wishes to
purchase a Kaneez[15],
he may look towards her wrist, shoulders, shin and chest, as there is a
necessity for him to look at her in such a circumstance. He is also allowed to
touch those parts of her body, on condition that there is no risk of lustful
feelings stemming from this. [Hidaya]
Law: The ruling regarding
looking towards a strange woman, is that it is permissible to look towards her face
and her palms, as the need for this arises, like on occasion when one needs to
testify in support of her or when opposing her, or in a case where one needs to
pass a judgement (relating to her). If he does not see her, then what for, will
he testify, that she has done a certain thing. When looking at her, the ruling
is also the same, i.e. on condition that there is no risk of lustful feelings
stemming by looking. With the exception of this, there are also other times
when one has to look at them, as many women come in and out of their homes.
Thus, to (totally) avoid this (glancing at them) is very difficult. Some Ulama
have mentioned that it is also permissible to look towards their feet. [Durr-e-Mukhtar, Alamgiri]
Law: Even though it is
permissible to look at the face and palms of a strange woman, touching her is
impermissible, even though there may be no risk of lustful feelings. Reason
being that looking is on the basis of necessity and due to Balwa-e-Aam[16].
There is no need to touch. Hence, to touch is Haraam. From this it can be
deduced that to shake hands with them is impermissible. That is why Huzoor صلَّی اللہ تعالٰی علیہ وسلَّم would never hold the hands of females when taking
Bai’at[17]
from them, but he used to just take the Bai’at verbally. However, if she is
extremely old where the situation of lustful feelings is no more existent, then
there is no objection in shaking her hands. Similarly, if a man is extremely
old, and there is no risk of waywardness at all, then he too may shake hands. [Hidaya]
Law: If a strange woman is
employed at the home of anyone as a domestic servant or to prepare rotis etc.
(i.e. as a cook). Then in such an instance, it is also permissible to look
towards her wrists, as she will raise her sleeves whilst working and in doing
so her wrists will become visible and how will he be able to avoid this,
whereas she is in his home. Similarly, to look towards her teeth etc. is also permissible.
[Alamgiri]
Law: Even though it is
permissible to look towards the face of a strange woman, if there is no risk of
lustful feelings, but this is an era of waywardness (corruption). In this time,
where do we find people like the (pious) people of the past? Hence in this
time, it will be cautioned against looking towards them, except in the case of witnesses,
when they have to come before the Qazi, as this is to look at them due to
necessity. There is also another circumstance pertaining to this. That is when
a person intends to make Nikah (marry) that woman. In such a case to look at
her for the said reason is permissible, for it has been mentioned in the Hadith
that one should see the person that he intends to make Nikah to, as this will be
a means to an everlasting love. Similarly, a woman may see that man who has
sent a proposal of marriage towards her, even if there is a risk of lustful
feelings stemming from this, but the intention of both should be that they wish
to act upon the Hadith. [Durr-e-Mukhtar,
Raddul Muhtar]
Law: If one is not able to
see the girl that he intends to make Nikah to, like nowadays, there is this custom
that once someone sends a proposal of marriage (i.e. asks for the hand of a
woman in marriage), then (the family) will not allow him to see her under any circumstances.
In other words they practice such vigorous pardah with him, that such pardah is
not even conducted with others. In such a situation, the person (who intends to
marry the woman) should send another female to see her and she should return
and explain to him regarding the girl and her looks and features etc., so that
he is content regarding her looks and features. [Raddul Muhtar]
Law: (In a situation where)
the woman that a man intends to marry has a daughter, and he has been informed
that she is exactly like her mother in looks and features, (then) it is not
permissible for him to look at her if she is Mushtihaat, because he intends to
marry her mother. [Raddul Muhtar]
Law: Another circumstance
wherein one is allowed to look towards a strange woman is in the situation of
illness, where she is ill and there is a need to look towards certain parts of
her body, and there also arises the need to touch certain parts of the body.
For example, one has to touch the hands to check the pulse or if there is the notion
of their being swelling in the stomach, then to feel the stomach becomes
necessary or if there is a sore (wound) on any part, then it needs to be seen
and in some cases, one also needs to feel it. In such a condition, to look at
the area of the illness and based on this necessity, to touch that area is also
permissible. This is in the situation where there is no female to treat this
illness. We should teach females as well how to treat illnesses, so that they
may be able to assist in such situations, as there is no such predicament in
her looking, as it is for a male to look etc. (at the body of a female). In most
places, there are midwives who are able to treat the swelling of the stomach
etc. In places where there are midwifes who are able to treat these situations,
there the necessity to look does not exist for males any more. Even when having
to look due to illness, it is also necessary to take precaution to only open
that portion of the body which needs to be examined. The rest of the body
should be thoroughly covered, so that the sight does not fall on it. [Hidaya etc]
Law: If there is a need to
do a clyster, then a male may also look at the area of the procedure of a male.
This too is (ony) permissible on the basis of necessity and when performing the
circumcision, to look at the area of circumcision is also allowed and even to
touch it is permissible, as this too is on the basis of necessity. [Hidaya, Alamgiri]
Law: If a female needs to
have Fasd (phlebotomy) performed, and there is no female who is qualified to let
out the blood properly, then it is permissible to have it done by a male. [Alamgiri]
Law: If a strange woman is
wearing very thick clothing, whereby the shade of her body etc. is not visible;
then to look towards her in such a condition is not impermissible, because in
this condition one is not looking at her, but one is looking at the clothing.
This only applies when her clothing is not tight. If she is wearing tight
clothing, whereby the silhouette of the body is apparent, for example if she is
wearing tight pants, then the shape of the shin and the entire thigh becomes
noticeable. To look towards her in such a condition is impermissible.
Similarly, some women wear very thin clothing such as fine muslin, lace or
knitwear and very thin soft thin Muslin scarves and head coverings, through
which the hair on the head and the blackness of the hair and the neck or ears
are visible. Some of them wear thin tops and knitted kurtas which allow the
back and the stomach to be completely exposed. To look towards them in such a condition
is Haraam, and for them to wear such types of clothing in such circumstances is
also impermissible. [Alamgiri]
Law: When a Khasi[20],
i.e. one whose testicles have been removed, or a Majboob[21]
reach the age of fifteen, then even for them to look towards a strange woman is
impermissible. The same ruling applies to effeminate persons[22].
[Hidaya]
Law: That part of the body
which is impermissible to look at is also impermissible to look at if it has been
separated from the body, for example the hair of the legs. It is not allowed
for another person to see this even after it has been removed from the body.
The same applies to the hair from a females head, or her feet or the bone of
the wrist. These parts of the body of a female cannot be seen by a strange male
even after she has passed away. Even the toe nails of a female should not be
seen by a strange male. He may look at the finger nails. [Durre- Mukhtar]
It has often been noticed that some people remove their pubic
hair, leaving it in the toilet or in the bathroom. It is not proper to do this.
They should be put somewhere that no one can see them, or they should be buried
in the ground. It is also necessary for females to hide the hair that has
fallen off whilst combing the head or whilst taking a bath, so that the sight
of a strange person does not fall on it.
Law: If beard or moustache
hairs begin to grow (on the face) of a female, then to pluck them out is not only
permissible, but it is also regarded as Mustahab (desirable), so that due to
this, her husband may not feel any repulsion towards her. [Raddul Muhtar]
Law: To be alone with a
strange female, i.e. for both of them to be alone in one house, is Haraam. However,
if she is so old, that she does not have the ability to feel lust, then to be
alone with her is allowed. If a person gave a woman Talaaq-e-Baa’in (Second
Legal Divorce in Shariah), then to live alone with her in a house is impermissible,
and if there is no other house, then a pardah should be placed between the both
of them, so that both of them live in their own separate sections. This is only
in the condition where the husband is not a fasiq (sinful person), and if he is
a fasiq, then it is necessary that another such female should live there, who
has the ability of stopping the husband from the woman. [Raddul Muhtar, Durr-e-Mukhtar]
Law: To
be in privacy (alone) with Mahaarim is permissible. In other words, both of
them are allowed to be alone in the same house, but if the foster sister and
mother-in-law are alone, then to be alone with them in the same house is not
permissible. The same ruling applies to the woman’s daughter who is from
another husband. [Durr-e-Mukhtar, Raddul
Muhtar]
[1] Baaligh refers to one who has reached the age of puberty.
[2] Mahaarim refers to those females whom one can not marry
[3] Nisyaan refers to an illness that brings on absent-mindedness
[4] Baandi refers to a slave-girl (i.e. handmaid). It must noted that
the ruling regarding slaves and slave-girls is not applicable in this era. This
means that we are not allowed to enslave any person in this present time.
Slavery in this era is abolished. The rules regarding them are still mentioned
in books of Islamic Jurisprudence, to show distinction between slaves and freemen.
[5] Watee refers to copulation
[6] Mushrika refers to a polytheist female
[7] Mukaatibah refers to a female slave who is under bond with her
master to pay for her freedom in instalments
[8] Mushtarika is a slave belonging to more than one person
[9] Raza’at refers to fosterage
[10] Musaharat refers to a relationship
[11] Ajnabiya refers to a strange non-mahram female
[12] Nasab in this context refers to blood relations and lineage
[13] Sabab in the context mentioned above refers to a cause or a basis
for it to be Haraam
[14] Mudabirah refers to female slave released by her master, whereby
he declares that she should only be free after his death
[15] A Kaneez also refers to a slave-girl
[16] Balwa-e-Aam refers to Common Dilemma, i.e. the avoidance of which
is extremely difficult.
[17] Bai’at refers to the Oath of Allegiance.
[18] Wherever in this book we discuss touching or looking at a small
child or minor etc. it must be noted that this refers to touching or looking at
them with compassion. This does not refer to touching or looking with
ill-intention, as to do so is an accursed act and totally forbidden. One who
behaves in this atrocious manner with children is deserving of the fire of
hell.
[19] Mushtihaat means desirable. In other words, it refers to one who
excites his passion.
[20] Khasi refers to an eunuch i.e. one whose testicles have been
removed
[21] Majboob refers to one whose male organ (penis) has been cut off
[22] This refers to those males fond of behaving and using make-up like
a woman
0 comments:
Post a Comment