Islamic Fiqh > Marriage and family > Looking, touching and khalwa > Looking: rules, consent and touching
Contents
Updated on 24 September 2026 at 7:46 PM
This first part gathers the fiqh rules on looking (nazar) and touching (lams): what a suitor may look at of his intended bride, the conditions attached to this look, prohibited touching, sending a woman to inspect the bride, then looking at the unrelated woman, at the old or veiled woman, handshaking, a woman looking at a man, looking at mahram relatives, and a man looking at another man. The positions of the four schools are cited with their classical references.
Muslim jurists do not disagree that a suitor may look at the face and hands of the woman he intends to marry: these are not intimate parts, and the face is the meeting place of virtues and the focus of the look (Al-Mughni, 7/74). The scholars differ, however: may he look at anything other than the face and hands?
The majority of jurists, namely the Hanafis, Malikis and Shafi'is, hold that the suitor may look only at the face and hands; the Hanafis add, in one narration, the two feet. The face indicates beauty or its absence, and the hands the vigor of the body or its absence, which suffices the suitor and dispenses him from the rest.
Al-Nawawi (may Allah have mercy on him) said: "This is our school and the school of most scholars." Al-Awza'i said: he looks at the places of flesh. Dawud said: he looks at her entire body. The commentators note: "this is a manifest error, contrary to the foundations of the Sunna and the consensus" (Sharh Sahih Muslim, 9/210).
Al-Shafi'i (may Allah have mercy on him) said: "When a man wants to marry a woman, he has no right to look at her with her hair uncovered; he looks at her face and hands while she is covered, with her permission or without it, by Allah the Most High's word; and He said: the face and the hand." The verse meant is:
"And let them not display their adornment except that which appears thereof"
Surah an-Nur, 31
Al-Mawardi (may Allah have mercy on him) said: when a man wants to marry a woman, he may look at her face and hands only (Al-Hawi al-Kabir, 9/34-35). It is said: everything else is an intimate part, and the face and hands are the places of adornment that appear, referred to by the verse above. The wisdom of the restriction is that the face indicates beauty and the hands the vigor of the body (Al-Bayan, 9/121-123; Al-Najm al-Wahhaj, 7/18; Mughni al-Muhtaj, 4/216).
The Hanafis said: he may look at her face and hands if he wants to marry her, even out of desire; the look is lawful even if he fears he might desire her, by the Prophet's (peace be upon him) words to al-Mughira ibn Shu'ba, who had proposed to a woman:
"Look at her, for it is more likely to instill affection between you two."Authentic hadith, narrated by al-Mughira ibn Shu'ba
The purpose is establishing the Sunna, not satisfying desire. If he cannot look himself, he may send a woman to describe her state to him, and this is preferable, even concerning parts other than the face and hands (Ahkam al-Qur'an by al-Jassas, 5/183-184; Sharh Ma'ani al-Athar, 3/15; Bada'i' al-Sana'i', 5/123; Tabyin al-Haqa'iq, 6/18; Al-Fatawa al-Hindiyya, 5/330; Ibn Abidin's Hashiya, 6/370).
The Malikis said: it is recommended for the suitor to look at her face and hands, especially before the contract, so as to know her real state: the face indicates beauty or its absence, the hands the vigor and freshness of the body or their absence, provided he does not intend pleasure; otherwise it becomes prohibited.
What exceeds the face and hands is proscribed because it is an intimate part, unless he delegated a woman, to whom it is permitted as a woman. The look takes place with her knowledge or her guardian's; sneaking a look is disliked, lest corrupt people look at other people's forbidden women saying: "We are suitors."
This dislike applies if he knows that, were he to ask her leave to look, she would consent (if she is free), or her guardian would consent (if she is compelled), or if he does not know the situation. If he knows they will refuse, the look is prohibited if he fears temptation, and merely disapproved otherwise (Mawahib al-Jalil, 5/25; Al-Taj wa-l-Iklil, 2/482; Sharh Mukhtasar Khalil, 3/166; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 3/4; Tahbir al-Tasmir, 2/533; al-Sawi's Hashiya on al-Sharh al-Saghir, 4/408).
Al-Qadi Abd al-Wahhab al-Maliki (may Allah have mercy on him) said: whoever wants to marry a woman may look at her face and hands, contrary to the one who forbids it altogether, the one who permits the whole body except the two private parts, and Abu Hanifa who permits the backs of the feet; by the Prophet's (peace be upon him) words: "When one of you wants to marry a woman, let him look at her face and hands." He specified that to the exclusion of everything else, so any divergent position falls away (Al-Ishraf ala Nakt Masail al-Khilaf, 3/281-282, no. 1121).
Al-Hafiz Ibn Hajar (may Allah have mercy on him) said: the majority declared that there is no harm in the suitor looking at the intended bride, and specified that he looks only at her face and hands; al-Awza'i: he tries his best and looks at whatever he wants of her except the intimate part; Ibn Hazm: he looks at what is in front of her and behind her; and three narrations are reported from Ahmad: the first like the majority, the second: he looks at what usually appears, the third: he looks at her uncovered (Fath al-Bari, 9/182).
The Hanbalis hold that he may look at what usually appears of her, such as the face, neck, hand and foot, repeat the look and contemplate her features even without her permission if he feels safe from desire: by permitting the look without her knowledge, the Prophet (peace be upon him) thereby permitted looking at all that usually appears, since the face cannot be singled out for looking while it shares with the other parts the fact of appearing. If he cannot look or dislikes it, he sends a trusted woman who inspects her then describes her to him, so that he may act with insight (Kashshaf al-Qina', 5/8-9; Sharh Muntaha al-Iradat, 5/102-103; Manar al-Sabil, 2/534). Here is al-Mughira's hadith in full:
Bakr ibn Abdallah al-Muzani reported from al-Mughira ibn Shu'ba: "I came to the Prophet (peace be upon him) and mentioned to him a woman I wanted to marry. He said: 'Go and look at her, for it is more likely to instill affection between you two.' I went to a woman of the Ansar, proposed to her parents and told them the Prophet's (peace be upon him) words, but they seemed to disapprove. The woman heard it behind her curtain and said: if the Messenger of Allah (peace be upon him) ordered you to look, then look; otherwise I adjure you. So I looked at her and married her, and I mentioned her compliance among her merits."Authentic hadith, narrated by al-Mughira ibn Shu'ba
Ibn Qudama (may Allah have mercy on him) said: there is no disagreement among the people of knowledge on permitting looking at her face, for it is not an intimate part; it is the meeting place of virtues and the focus of the look; however, he may not look at what does not usually appear. It is reported from al-Awza'i that he looks at the places of flesh, and from Dawud that he looks at her whole body, by the apparent meaning of "look at her".
Our evidence: Allah the Most High's word (Surah an-Nur, 31); Ibn Abbas said: "the face and the inner palm"; the look, originally prohibited then permitted for a need, is limited to what the need requires; the hadith is absolute. He who looks at a person's face is said to "look at her", and he who sees her clothed is said to "see her", as in Allah's words:
"And when you see them, their bodies impress you"
Surah al-Munafiqun, 4
"And when those who disbelieve see you"
Surah al-Anbiya, 36
As for what usually appears besides the face, such as the hands and feet and what a woman shows in her house, there are two narrations. The first: looking at it is not permitted because it is an intimate part; Abdullah reported that the Prophet (peace be upon him) said: "The woman is an intimate part" (hasan hadith), and the need is met by looking at the face.
The second: it is permitted; Ahmad said, per Hanbal's narration: there is no harm in looking at her, and at what invites to marrying her, a hand or a body; Abu Bakr said: there is no harm in looking at her during the proposal with her hair uncovered; al-Shafi'i said: he looks at her face and hands.
The justification of looking at what usually appears: the Prophet (peace be upon him), by permitting the look without her knowledge, permitted looking at all that usually appears; and she is a woman whose look is permitted by the Lawgiver's command, like the mahrams. Sa'id reported, from Sufyan, from Amr ibn Dinar, from Abu Ja'far, that Omar ibn al-Khattab proposed to a daughter of Ali, mentioned only a brief description of her, then she was sent to him so that he might look at her and he was satisfied; she bared her legs and said: "Send him! Were you not the Commander of the Believers, I would strike you in the eye" (Al-Mughni, 7/74).
Ibn Rushd (may Allah have mercy on him) said: as for looking at the woman at the time of the proposal, Malik permitted it only on the face and hands; others permitted it on the whole body except the two private parts; some prohibited it absolutely; Abu Hanifa permitted looking at the feet along with the face and hands. The reason for their difference: there came the command to look at them in absolute terms, the prohibition in absolute terms, and the restriction to the face and hands, as many scholars said about Allah's words "except that which appears thereof": the face and the hand, by analogy with the permissibility of uncovering them during pilgrimage according to the majority (Bidayat al-Mujtahid, 2/3).
The jurists differ about the intended bride: is looking at her without her knowledge or her guardian's permitted if she is compelled, or is her consent required? The majority, namely the Hanafis, Shafi'is and Hanbalis, hold that looking without her knowledge is lawful, by the Prophet's (peace be upon him) words:
"When one of you proposes to a woman, there is no sin on him in looking at her if he only looks at her for the purpose of his proposal, even if she does not know."Authentic hadith, narrated by Ahmad (23650-23651) and al-Tahawi in Sharh Ma'ani al-Athar (3/14)
Jabir ibn Abdallah (may Allah be pleased with him) reported that the Messenger of Allah (peace be upon him) said: "When one of you proposes to a woman, if he is able to look at what would invite him to marry her, let him do so. I myself proposed to a young woman and used to hide to watch her, until I saw of her what made me inclined to marry her; so I married her" (authentic hadith; Abu Dawud, 2082; Ahmad, 14626).
The look is dispensed from her consent by the sufficiency of the Lawgiver's permission: if looking is lawful, it needs no permission; if forbidden, no permission makes it lawful. And if she knew, she might adorn herself with what she does not possess, which would be a kind of deception (Al-Hawi al-Kabir, 9/35; Al-Najm al-Wahhaj, 7/18; Mughni al-Muhtaj, 4/216).
Ibn Qudama (may Allah have mercy on him) said: there is no harm in looking at her with or without her permission; the Prophet (peace be upon him) commanded looking in absolute terms, and in Jabir's hadith: "I used to hide to watch her". In a hadith about al-Mughira ibn Shu'ba: "he asked her parents' permission to look at her; they disapproved, and the woman permitted him", reported by Sa'id.
Being alone with her is not permitted for him, because seclusion is prohibited and the Law did not come except with the look: so the seclusion remains prohibited, for fear that with seclusion the commission of the forbidden cannot be ruled out. The Prophet (peace be upon him) said: "No man must be alone with a woman, for the devil is the third of them." Nor does he look at her with desire or suspiciously.
Ahmad said, per Salih's narration: he looks at the face, not through the path of pleasure, and he may repeat the look and contemplate her features, for the purpose is achieved only so (Al-Mughni, 7/73-74; Kashshaf al-Qina', 5/8-9; Sharh Muntaha al-Iradat, 5/102-103; Manar al-Sabil, 2/534). The Hanbalis also stated that her not permitting is preferable (Kashshaf al-Qina', 5/8-9).
Al-Nawawi (may Allah have mercy on him) said: such is our school and that of Malik, Ahmad and the majority: her consent is not a condition for the lawfulness of this look; he may look at her while she is inattentive, without prior notice. Malik however said: I dislike a look while she is inattentive, for fear that it may fall on an intimate part. A weak narration from Malik: he does not look at her except with her permission; it is weak because the Prophet (peace be upon him) permitted this look in absolute terms without requiring her permission.
To this is added that the woman usually feels shy to grant permission; and that there is deception in it: perhaps he sees her, she does not please him, he leaves her, and she is broken and hurt. That is why our companions said: it is preferable that his look at her precede the proposal, so that if he does not like her he may leave her without harming her, unlike leaving her after the proposal. And Allah knows best. Our companions said: if he cannot look, it is recommended that he send a trusted woman who inspects her and informs him, and that before the proposal, for what we mentioned (Sharh Sahih Muslim, 9/210-211; Nihayat al-Matlab, 12/38).
Al-Juwayni (may Allah have mercy on him) said: the woman's permission is not required; he may catch her inattentive and look at her, for asking her permission amounts to anticipating the proposal; and if he sends a woman to look at her appearance, there is no harm: it is reported that the Messenger of Allah (peace be upon him) wanted to marry a woman and sent Umm Atiyya to her, telling her: "Smell her perfumed garments and look at her ankles".
Al-Hafiz Ibn Hajar (may Allah have mercy on him) said: the majority also said that he may look at her if he wishes without her permission; a narration from Malik requires her permission; al-Tahawi transmitted from a group that it is never permitted to look at the intended bride before the contract, for she is then an unrelated woman; they were answered with the mentioned hadiths (Fath al-Bari, 9/182).
The Malikis hold that the look takes place with her knowledge or her guardian's, and that sneaking a look is disliked, lest corrupt people look at other people's forbidden women saying: "We are suitors." This dislike applies if he knows that, were he to ask her leave to look, she would consent (if she is free), or her guardian would consent (if she is compelled), or if he does not know the situation; if he knows they will refuse, the look is prohibited if he fears temptation, and merely disapproved otherwise (Mawahib al-Jalil, 5/25; Al-Taj wa-l-Iklil, 2/482; Sharh Mukhtasar Khalil, 3/166; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 3/4; Tahbir al-Tasmir, 2/533; al-Sawi's Hashiya, 4/408).
The Hanbalis add that the woman may look at the man if she has resolved to marry him, for she admires of him what he admires of her; the school is that she looks at everything except what lies between his navel and his knees. Ibn al-Jawzi says in his Book of Women: it is recommended for whoever wants to marry off his daughter to seek a young man of pleasing appearance, and not to marry her to a repulsive man (Kashshaf al-Qina', 5/9).
The majority of jurists, namely the Hanafis and Shafi'is, stated that safety from temptation, desire or its surge is not a condition for looking at the intended bride. The Hanafis say: even if he fears he might desire her, the look is lawful, by the Prophet's (peace be upon him) words to al-Mughira ibn Shu'ba: "Look at her, for it is more likely to instill affection between you two"; the purpose is establishing the Sunna, not satisfying desire (Ahkam al-Qur'an by al-Jassas, 5/183-184; Tabyin al-Haqa'iq, 6/18; Al-Fatawa al-Hindiyya, 5/330; Ibn Abidin's Hashiya, 6/370).
The Shafi'is say: the look at her is permitted even if he fears temptation, for the purpose of marriage (Nihayat al-Matlab, 12/37; Rawdat al-Talibin, 4/661; Al-Najm al-Wahhaj, 7/17-18; Mughni al-Muhtaj, 4/216). The Malikis say: it is recommended for the suitor to look at her face and hands provided he does not intend pleasure; otherwise it becomes prohibited (Mawahib al-Jalil, 5/27; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 3/4; al-Zurqani's commentary on Mukhtasar Khalil, 3/289).
Among the Hanbalis, the need grounding this look is debated in two opinions: if one inspection suffices, what exceeds it is prohibited, for it is a look permitted by necessity and must be restricted to it, whether or not he fears temptation. If she does not please him, he remains silent and does not say "I do not want her"; his silence does not entail forbidding her marriage proposal, for prolonged silence signaling avoidance makes her permissible: the harm of waiting is less than the harm of "I do not want her", so it is borne (Al-Najm al-Wahhaj, 7/18; Mughni al-Muhtaj, 4/216; Tuhfat al-Muhtaj, 8/486; Nihayat al-Muhtaj, 6/215-216).
The Hanbalis also said: it is permitted for whoever intends to propose to a woman and expects her consent to look at what usually appears, such as the face, neck, hand and foot; he may repeat the look and contemplate her features without seclusion, if he is safe from the surge of desire; he does not need her permission, and her not permitting is even preferable (Al-Mughni, 7/73-74; Kashshaf al-Qina', 5/8-9; Sharh Muntaha al-Iradat, 5/102-103; Manar al-Sabil, 2/534).
The Hanafi, Maliki and Hanbali jurists permitted a divorced woman to adorn herself for suitors, by what Muslim reported from Ubaydallah ibn Abdallah ibn Utba ibn Mas'ud: his father wrote to Omar ibn Abdallah ibn al-Arqam al-Zuhri ordering him to visit Subay'a bint al-Harith al-Aslamiyya and ask her about her account and what the Messenger of Allah (peace be upon him) told her when she consulted him. Omar ibn Abdallah wrote to Abdallah ibn Utba informing him that Subay'a told him:
"I was married to Sa'd ibn Khawla, of the Banu Amir ibn Lu'ayy, among those who witnessed Badr. He died while I was pregnant, during the farewell pilgrimage, and shortly after his death I gave birth. When I was free of my bleeding, I adorned myself for suitors. Abu al-Sanabil ibn Ba'kak, a man of the Banu Abd al-Dar, entered and said: what makes me see you adorning yourself? Do you hope for marriage? By Allah, you will not marry until four months and ten days pass over you. So I gathered my garments in the evening and went to the Messenger of Allah (peace be upon him) and consulted him. He gave me the ruling that I had become free when I gave birth, and he ordered me to marry if I wished."Reported by Muslim (1484)
The Hanafis said: adorning girls with jewelry and fine garments so that men desire them is a Sunna (Al-Bahr al-Ra'iq, 3/87; Ibn Abidin's Hashiya, 3/9).
Among the Malikis, al-Hattab (may Allah have mercy on him) reports that Ibn al-Qattan said: she may adorn herself for those who look at her; nor would it be far-fetched to say it is recommended; nor to say: "she may present herself to whoever proposes to her if her intention remains sound in seeking marriage." End quote. Al-Hattab adds: is it recommended for the woman to look at the man? I found no explicit text from the Malikis; the apparent position is its recommendation, in agreement with the Shafi'is, who say: it is recommended for her as well to look at his face and hands.
Ibn al-Qattan further said: if a man proposes to a woman, may he present himself to her with the good qualities it is not permitted to display to her were she not courted, by grooming his clothing, his siwak, his kohl, his henna, his gait and his mount? Or may he only do what is permitted with any woman? This is a matter of consideration; the apparent is its lawfulness, and consensus on prohibition was not established. But if he does not propose and merely presents himself thus before women, it is not permitted: it would be exposing oneself to temptation and inviting it. End quote, from al-Qabbab's Mukhtasar Ahkam al-Nazar (Mawahib al-Jalil, 5/26).
The Hanbalis hold that dyeing with henna is permitted for the widow, by Jabir's report attributed to the Prophet (peace be upon him): "O assembly of women, dye yourselves: the woman dyes for her husband, and the widow dyes to expose herself to provision from Allah", that is, to be courted and married. The verifier notes that he did not find this text with this wording, but that the hafiz Abu Musa al-Madini mentions it in the Book of Istifta' on the use of henna (Al-Mubdi', 3/171; Al-Furu', 3/335).
Muslim jurists do not disagree: touching the intended bride is not permitted, even if safe from desire, because of the binding prohibition and the absence of necessity, by the general meaning of the Prophet's (peace be upon him) words:
"To have one of your heads pierced with an iron needle is better for him than to touch a woman who is not lawful to him."Authentic hadith, reported by al-Tabarani in al-Kabir (20/211), no. 486
The Hanafis said: the suitor may not touch her face or hands even if safe from desire, because of the binding prohibition, the absence of necessity and trial; touching being graver, it is proscribed without need (Al-Mabsut, 10/154; Al-Hidaya, 4/83; Tabyin al-Haqa'iq, 6/18; Ibn Abidin's Hashiya, 6/370).
The Shafi'is said: touching the intended bride is not permitted even for a blind man, unlike looking, for there is no need: the blind man can send someone to look for him (Mughni al-Muhtaj, 4/216; Al-Iqna', 2/406).
Ibn Hajar al-Haytami (may Allah have mercy on him) ranked looking with desire at an unrelated woman, with fear of temptation, among the major sins: "the second series of forty-two, the third and the fourth after the two hundred: looking at an unrelated woman with desire while fearing temptation; touching her likewise; likewise being alone with her when no mahram of either is present before whom they would feel shame, even if it is a woman; and with no husband for that unrelated woman." The two Imams (al-Bukhari and Muslim) and others reported from Abu Hurayra (may Allah be pleased with him) that the Prophet (peace be upon him) said:
"The son of Adam's share of fornication has been decreed for him: he will inevitably attain it. The two eyes: their fornication is looking; the two ears: their fornication is listening; the tongue: its fornication is speech; the hand: its fornication is striking; the foot: its fornication is walking; the heart loves and wishes, and the private part confirms that or denies it." In Muslim's version: "The two hands fornicate and their fornication is striking; the two feet fornicate and their fornication is walking; the mouth fornicates and its fornication is kissing." In an authentic version: "The two eyes fornicate, the two feet fornicate, the private part fornicates." And by al-Tabarani, with an authentic chain: "To have one of your heads pierced with a mikhit, that is, a needle or an awl, of iron, is better for him than touching a woman not lawful to him."Reported by al-Bukhari and Muslim, with variants; this wording by al-Tabarani in al-Kabir (20/211), no. 486
The jurists of the four schools stated that the suitor may send a woman to look at the intended bride if he cannot look at her himself.
The Hanafis said: if he cannot look, he may send a woman to describe her state to him, and this is preferable, even concerning parts other than the face and hands (Ibn Abidin's Hashiya, 6/370).
The Malikis said: the suitor may delegate a man or a woman to look at the intended bride; once delegated, looking is recommended for them as it is for their principal, the suitor. The man may look only at her face and hand; the woman may look at what is other than the face and hands, as a woman, not as a delegate, since the principal may not look beyond the face and hands.
Al-Adawi (may Allah have mercy on him) said: the Egyptians' practice of opening her mouth and examining her teeth was pointed out; but their apparent saying "he looks at the face for beauty and the hands for the vigor of the body" refutes it (al-Adawi's Hashiya on Sharh Mukhtasar Khalil, 3/166; Mawahib al-Jalil, 5/25; Al-Taj wa-l-Iklil, 2/482; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 3/4; Tahbir al-Tasmir, 2/533; al-Sawi's Hashiya, 4/408).
The Shafi'is said: if he cannot look at her, he sends a woman or the like who inspects her and describes her to him; the Prophet (peace be upon him) sent Umm Atiyya to a woman and told her: "Look at her ankles and smell her perfumed cheeks" (hasan hadith, reported by Ahmad, 13448). From the report it is derived that the envoy may describe to the sender more than he would look at: he thus gains by the sending what he would gain by his own look.
Several questions then arise: is the sending restricted to the impossibility of looking, or lawful absolutely even if looking is possible? May he combine looking and sending, each having a virtue the other lacks, or not, one of them achieving the purpose? The hesitation is justified where he did one of the two without a categorical judgment of doing or refraining ensuing (Mughni al-Muhtaj, 4/216; Tuhfat al-Muhtaj, 8/486; Nihayat al-Muhtaj, 6/215-216).
Lexical notes: the urqub is the tendon behind the heels, between the ankle joint and the leg in quadrupeds, and in humans above the heel (Awn al-Ma'bud, 7/172); the awarid are the side teeth between the incisors and molars, the word aiming at testing the scent of the perfume (Gharib al-Hadith by Ibn Qutayba, 1/416; Lisan al-Arab, 7/180).
May the sent woman describe the whole body, or only what he may look at? Two opinions in the school (Mughni al-Muhtaj, 4/216; Tuhfat al-Muhtaj, 8/486; Nihayat al-Muhtaj, 6/215-216). The Hanbalis said: if he cannot look or dislikes it, he sends a trusted woman who inspects her then describes her to him, so that he may act with insight (Kashshaf al-Qina', 5/9).
A man's look at an unrelated woman is of two kinds: for a reason or without a reason; and in each case the woman is a desirable young woman or an old one. First situation: the look without reason at a desirable young woman. The looker is either safe from temptation and desire, or he is not.
The jurists differ: may a man look at an unrelated woman if he is safe from desire? The Hanafis, Malikis, Shafi'is (against the sahih position in their school) and al-Qadi among the Hanbalis hold that he may, though disapprovingly, look at the face and hands of an unrelated woman if he is safe from temptation and desire; he does not sin by a look without desire and remains upright. Allah the Most High said: (Surah an-Nur, 31), which Ali and Ibn Abbas (may Allah be pleased with them) explained as kohl and a ring, that is, their place: the face and the palm; and because displaying the face and hand answers a necessity (of transactions).
Aisha (may Allah be pleased with her) reported that Asma bint Abi Bakr entered upon the Messenger of Allah (peace be upon him) wearing thin garments; he turned away from her and said: "O Asma, when a woman reaches the age of menstruation, nothing should be seen of her but this and this", pointing to his face and hands (authentic hadith; Abu Dawud, 4104). The face and hands not being intimate parts, looking at them is not prohibited without ambiguity, like a man's face.
Ali (may Allah be pleased with him) reported that the Prophet (peace be upon him) made al-Fadl ibn Abbas ride behind him during the farewell pilgrimage. A woman of Khath'am came to consult him; al-Fadl began looking at her and she at him; the Prophet (peace be upon him) turned al-Fadl's neck away. Al-Abbas said: why do you turn your cousin's neck away? He said: "I saw a young man and a young woman, and I did not feel safe from Satan concerning them" (reported by Malik in the Muwatta, 798; al-Tirmidhi, 885; Ahmad, 562; the basis is in al-Bukhari, 1442, and Muslim, 1443).
This account proves the lawfulness of looking when safe from temptation: the Prophet (peace be upon him) did not order her to cover her face; had al-Abbas not understood that looking is permitted, he would not have asked; and had what he understood not been permitted, the Prophet would not have approved it.
The Malikis said: the face and hands, outside and inside, are not intimate parts; looking at them is lawful without pleasure or fear of temptation, without excuse, even if she is young. Malik said: the woman eats with a non-mahram man and with her slave boy, and may eat with her husband and those who eat with him. Ibn al-Qattan said: this implies permitting the woman to show her face and hands to an unrelated man, since eating is conceivable only thus (Sharh Mukhtasar Khalil, 1/247; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 1/345; al-Sawi's Hashiya on al-Saghir, 1/482; Mawahib al-Jalil, 2/190).
Al-Nafrawi al-Maliki (may Allah have mercy on him) said: the author's words imply that seeing the young woman's face without excuse is sinful, apparently even without intending pleasure: this is one of two opinions, for looking at a young woman's face is a likely place of indulgence. The other opinion: no sin without the intent of indulgence, al-Qalshani transmitting from Ibn Mahruz that looking at an unrelated woman's uncovered face, without pleasure, is lawful.
Al-Qarafi, in the biography of Isa al-Ghubrini, transmits from Ibn Naji, concerning the Mudawwana's words "it is permitted to look at a woman's hair and face", that those who held prohibition were refuted by the hadith masters of his era. The author's example of the excuse (witness, physician) implies that teaching is not among the excuses: looking at the young woman's face while teaching knowledge or the Qur'an is therefore not permitted, apparently even without intending pleasure, perhaps because persistent looking usually generates indulgence.
This is unlike looking at a male student's face, which is permitted and should be limited to the case where the teacher does not fear, through continued looking, becoming infatuated with him; otherwise, looking at him is prohibited without disagreement.
Know that if temptation is feared from seeing a woman, covering her whole body, down to her face and hands, becomes obligatory; otherwise only covering what is other than the face and hands is obligatory. Al-Qadi Iyad and others said: covering the face and hands is not obligatory for the woman, only recommended for her, and the man must lower his gaze from looking at her with desire: this is a summary of their words.
And I say: what the Law requires today is covering the face, not because it is an intimate part, but because it has become known among the corrupt people of this era that a woman uncovering her face leads tongues to slander her; protecting honor is obligatory like protecting religions and lineages. And he settled the issue. "It was condoned": that is, the suitor himself may look at the young woman's face and hands if he intends only to know her description (Al-Fawaqid al-Dawani, 2/277).
Looking at her feet is not permitted with the Hanafis, on the correct position: necessity is not realized in uncovering the foot, since the woman walks in socks or boots and does without showing her feet. Per Abu Hanifa, looking at her feet is permitted because it involves some necessity: the woman is compelled to walk and her foot appears, so it became like the hand; the face is desired and not the foot: if looking at her face is permitted, her foot is more so.
Per Abu Yusuf, looking at her arms is also permitted, for they may appear habitually, especially when she bares her arms for kneading and cooking (Bada'i' al-Sana'i', 5/121-122; Al-Bunaya, 12/129-130; Al-Inaya, 14/230; Al-Jawhara al-Nayyira, 6/356-357; Al-Qawanin al-Fiqhiyya, 41; Sharh Mukhtasar Khalil, 1/247; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 1/345; al-Sawi's Hashiya, 1/482; Ashhal al-Madarik, 1/137; Al-Bayan, 9/125-126; Al-Najm al-Wahhaj, 7/19; Mughni al-Muhtaj, 4/217; Tuhfat al-Muhtaj, 8/486-487; Nihayat al-Muhtaj, 6/216-217; Al-Dibaj, 3/169; Al-Mughni, 7/78; Kashshaf al-Qina', 5/11-12; Sharh Muntaha al-Iradat, 5/105; Manar al-Sabil, 2/533; Talkhis al-Habir, 3/150; Nayl al-Awtar, 6/243).
The Shafi'is on the sahih, the Hanbalis in the school, and al-Qurtubi among the Malikis (the choice of Shaykh al-Islam Ibn Taymiyya) hold that it is not permitted to look at the intimate part of a free adult woman who has reached the age of desire, nor her face and the palms of her two hands, when temptation is feared; likewise when safe from temptation but with desire: looking is a place of temptation and a spur to desire. Allah the Most High said:
"Tell the believing men to lower their gaze and guard their chastity"
Surah an-Nur, 30
And what befits the merits of the Law is to block the way and turn away from the details of situations, like seclusion with an unrelated woman. And by the Prophet's (peace be upon him) words to Ali: "O Ali, do not follow one look with another: the first is permitted to you, the second is not" (Abu Dawud, 2149; al-Tirmidhi, 2777; Ahmad, 23024): that is, do not make your look at the unrelated woman follow your first look, which occurs suddenly; the second look is not permitted to you, for it proceeds from intent and choice: you sin by it or are punished for it.
Jarir ibn Abdallah (may Allah be pleased with him) said: "I asked the Messenger of Allah (peace be upon him) about the sudden look, and he ordered me to turn my gaze away" (reported by Muslim, 2159). Since the second look is prohibited because it proceeds from choice, its ruling differs from the first look which occurs without choice: proof that no one has the right to look at a woman's face unless there is marriage or kinship between them. And the lawfulness of looking at the woman he wants to marry is evidence of its prohibition otherwise: if it were lawful absolutely, what would justify this restriction? (Al-Bayan, 9/125-126; Al-Najm al-Wahhaj, 7/19; Mughni al-Muhtaj, 4/217; Tuhfat al-Muhtaj, 8/486-487; Nihayat al-Muhtaj, 6/216-217; Al-Dibaj, 3/169; Al-Mughni, 7/77-78; Kashshaf al-Qina', 5/11-12; Sharh Muntaha al-Iradat, 5/105; Manar al-Sabil, 2/533; Majmu' al-Fatawa, 22/109-110; Umdat al-Qari, 20/119; Tafsir al-Qurtubi, 14/227).
Al-Qurtubi (may Allah have mercy on him) said concerning the verse "And if you ask them for anything, ask them from behind a partition" (Surah al-Ahzab, 53): this verse proves that Allah permitted asking them from behind a partition for a need that arises or a question on which she is consulted; it includes all women, in meaning and by what the foundations of the Law contain: the woman in her entirety is an intimate part, her body and her voice; uncovering that is permitted only for a need, such as testifying against her, a disease in her body, or asking her about what concerns her and is incumbent upon her.
The jurists agree: it is not permitted for an adult man to look at an unrelated woman without reason if he fears on himself a temptation calling him to seclusion with her for intercourse or its preliminaries: this is by consensus. Likewise, looking at her face and hands with desire, that is, intending pleasure from the look itself, while safe from temptation, is categorically prohibited. Allah the Most High said: (Surah an-Nur, 30). And because if looking at the intimate part of a like woman is prohibited for a woman, a man is more so; and by "the two eyes fornicate", the fornication of the eyes being only the look with desire; the look with desire being a cause of falling into the forbidden, it becomes prohibited.
Ali (may Allah be pleased with him) reported the account of al-Fadl ibn Abbas and the woman of Khath'am (cited above): the Prophet (peace be upon him) turned al-Fadl's neck away saying: "I saw a young man and a young woman, and I did not feel safe from Satan concerning them." This account contains the prohibition of looking at the unrelated woman (Sharh Sahih Muslim, 9/98).
Shaykh al-Islam Ibn Taymiyya (may Allah have mercy on him) said: the scholars agreed on the prohibition of looking with desire at an unrelated woman and women of mahram status (Majmu' al-Fatawa, 15/415, and the previous sources).
Ibn Hajar al-Haytami (may Allah have mercy on him) made looking with desire at an unrelated woman a major sin:
"The second series of forty-two, the third and the fourth after the two hundred: looking at an unrelated woman with desire while fearing temptation; touching her likewise; likewise being alone with her when no mahram of either is present who would feel shame, even if it is a woman; and with no husband for that unrelated woman." The two Imams and others reported from Abu Hurayra (may Allah be pleased with him) that the Prophet (peace be upon him) said: "The son of Adam's share of fornication has been decreed for him: he will inevitably attain it. The two eyes: their fornication is looking; the two ears: their fornication is listening; the tongue: its fornication is speech; the hand: its fornication is striking; the foot: its fornication is walking; the heart loves and wishes, and the private part confirms that or denies it." In Muslim's version: "The two hands fornicate and their fornication is striking; the two feet fornicate and their fornication is walking; the mouth fornicates and its fornication is kissing." And in an authentic version: "The two eyes fornicate, the two feet fornicate, the private part fornicates."Reported by al-Bukhari and Muslim and others; see al-Zawajir (2/533-534)
The jurists do not disagree: looking at the young unrelated woman is lawful for need and necessity, even at what is normally forbidden to look at.
The Hanafis said: the judge who wants to rule against her and the witness who wants to testify against her may look at her face even if they fear desire, for they are compelled to it for establishing testimony; basis: the witnesses of fornication who must look at the intimate part to establish their testimony; yet looking at a free woman's intimate part exceeds looking at her face, and its prohibition is nonetheless lifted by necessity: all the more this one.
Touching her face or hands is not permitted even if safe from desire, because of the presence of the prohibition and the absence of necessity, unlike looking which involves necessity; touching is graver than looking and desire in it is greater; this if she is a desirable young woman. If she is an undesirable old woman, there is no harm in shaking her hand and touching her hand, for lack of fear of temptation.
As for looking to bear testimony if he desires: some say lawful, as in performing testimony; the sounder view: not lawful, for one can find someone who does not desire to testify: thus no necessity (Bada'i' al-Sana'i', 5/122; Al-Hidaya, 4/83-84; Tabyin al-Haqa'iq, 6/18; Al-Inaya, 14/231; Al-Bahr al-Ra'iq, 8/219; Al-Jawhara al-Nayyira, 6/359-360).
The physician may look at the place of her illness when treating, for it is a place of necessity; if it is the intimate part, a woman should be appointed to treat her. If no woman is found and they fear for her death or an unbearable affliction, everything is covered except the affected place, then the man treats her while lowering his gaze, except from the place of the wound; the same applies to the look of the midwife and the circumciser.
The Malikis said: looking at the young woman is lawful for an excuse, such as testifying about her when she sells, buys or marries: the witnesses may look at her to ascertain her features and record them: those of the face, teeth and height; this if they do not know her; if they know her, they do not look at her and content themselves with hearing her speech; likewise if an informer describes her to them and they acquire knowledge.
Ibn Sh'aban said: only a witness who has reached sixty years should testify for a young woman or against her; testifying for her includes testifying about a wound on her, whether it is mortal or not; and resembling testifying against her is the look of the physician and surgeon if it concerns the face or the hands and feet; as for the intimate part, it is not permitted.
If the wound is elsewhere in the body: some say he places the cloth over it and looks; others say only women look. Al-Nafrawi (may Allah have mercy on him) said: if the physician's object is in her intimate part, he slits the garment at the painful place for the physician to see, apparently even if the disease is at the intimate part, by necessity; it is recommended or obligatory that, if the physician can know it only by seeing it himself, this be done; but if he contents himself with the women's seeing and describing it, I do not think anyone would permit a man to see a woman's intimate part.
If what is testified about belongs to the types of defects in the wife alleged by the husband: if they are on her face or hands, the men testify; if on her back, belly or anything other than her intimate part, only the women testify, and the men's seeing it is not permitted even with her consent; if it is at her intimate part, the woman's word is accepted in denying it, unless the women are enabled to see her intimate part and their testimony accepted (Al-Fawaqid al-Dawani, 2/277; see Al-Durr al-Thamin, 557; Al-Mi'yara al-Mu'rib, 1/399-400; al-Zurruq's commentary on the Risala, 2/993).
The Shafi'is said: looking and touching are lawful for the need requiring them: bloodletting, cupping, circumcision, childbirth, treatment, even at the intimate part for the compelling need, for prohibition would then involve hardship; a man may thus treat a woman and vice versa, in the presence of a mahram, a husband or a trusted woman.
Required: the absence of a woman able to perform it, and vice versa; that he not be a dhimmi while a Muslim exists; and that she not be a non-Muslim unrelated woman while a Muslim woman exists, on the sounder view. If only a non-Muslim woman and a Muslim man are found to treat her, the apparent, per al-Adhri'i, is that the non-Muslim woman is preferred, for her look and touch are lighter than the man's. The physician is required to be trustworthy: he is not passed over for another if present; he must be safe from infatuation and uncover only as much as the need requires.
In looking at the face and hands, absolute need is taken into account; for other than them, confirmed necessity, such as what permits tayammum, like severe illness. In looking at the two private parts, an even stronger necessity is required: that not uncovering them would not be a breach of decorum.
The unrelated man's look is lawful at the face only for a transaction, sale or otherwise, and for testimony, in bearing and performing it; to the point that looking at the intimate part is lawful for testifying to fornication and childbirth, and at the breast for testifying to suckling. If he looked at her and bore testimony, she is asked to uncover her face at the performing of testimony if he does not recognize her under her veil; if he recognizes her, uncovering is not required. Looking at the pubic area of a disbeliever's child is permitted to check whether hair has grown; and women may look at a man's member if the woman alleges his impotence and he refuses her access to it.
All this when he does not fear temptation; if he fears it, he does not look, unless it is incumbent upon him: he then looks while controlling himself. Looking for teaching and learning is lawful, whether obligatory or recommended; likewise crafts that are needed, provided no person of like kind or sound mahram is available, it is impossible to dispense with it behind a partition, and a third party is present preventing seclusion. Looking at a slave girl the man wants to buy, or a slave the woman wants to buy, is lawful; like the judge who administers the oath to the woman and rules against her.
In all these cases the look is measured by the need: what necessity permits is measured by its extent. In a transaction he looks at the face only; when buying a slave girl or a slave, at everything except what is between the navel and the knees; one does not go beyond a single look, unless he needs a second to verify: then it is permitted. And whatever is prohibited to look at when joined is prohibited to look at separately: such as pubic hair, even a man's, and the clipping of a free woman's nail, even from her own hands (Al-Hawi al-Kabir, 9/35-36; Al-Bayan, 9/129; Rawdat al-Talibin, 4/670; Al-Najm al-Wahhaj, 7/33; Mughni al-Muhtaj, 4/224-225; Tuhfat al-Muhtaj, 8/506-507; Nihayat al-Muhtaj, 6/228-229; Al-Dibaj, 3/175-176).
Al-Izz ibn Abd al-Salam (may Allah have mercy on him) said: covering intimate parts and defects is obligatory; it is among the noblest manly virtues and the most beautiful habits, especially toward unrelated women; but it is permitted for necessities and needs. The needs: like each spouse's looking at the other; the owner's look at his slave girl who will become lawful to him, and hers at him; the witnesses' look to bear testimony; the physicians' look for treatment; the look at the wife sought in marriage before the contract if her consent is hoped.
Looking is also lawful for establishing the rites of religion, such as circumcision and applying the punishment to fornicators; once the observer of the two fornicators has verified the penetration of the glans into the intimate part, looking becomes prohibited thereafter, for there is no need; likewise once the witness knows the defect or the physician the disease: looking beyond is no longer lawful, for what is lawful only by necessity or need is measured by its measure and ceases with it.
The necessities: such as amputating gangrenous limbs and treating mortal wounds. In looking at repulsive things, a stronger need is required, because of their ugliness, than for other intimate parts; likewise looking at women's defects requires, by necessity and need, more than looking at men's defects, because of the fear of infatuation it involves; and looking at what borders the knees of the thighs is not like looking at the buttocks (Qawa'id al-Ahkam fi Masalih al-Anam, 2/140-141).
The Hanbalis said: the witness may look at what is testified about, in bearing and performing testimony, when he is required to, so that the testimony falls on his own eyes. Ahmad said: one does not testify against a woman unless he has known her with his own eyes. Looking at her face and hands is lawful with need, for whoever deals with her in sale, hire, loan or the like: he looks at her face to recognize her and later enforce his claim.
A disapproval is reported from Imam Ahmad concerning the young woman, not the old one. Ibn Qudama (may Allah have mercy on him) said: perhaps he disliked it for one who fears temptation or dispenses with the transaction; but with need and absence of desire there is no harm (Al-Mughni, 7/77-78).
The physician's look and touch are lawful at whatever the need requires, down to the outside and inside of her intimate part, for it is a place of need, even if a dhimmi; and let it be in the presence of a mahram or a husband, for with seclusion the commission of the forbidden cannot be ruled out, by the Prophet's (peace be upon him) words:
"No man must be alone with a woman except that the devil is the third of them."Reported by al-Bukhari and Muslim
He covers of her everything other than the place of need, for it is originally prohibited. Resembling the physician: the one who serves a sick man or woman for ablution, purification and other; the one who rescues her from drowning or burning; the one who shaves the pubic hair of one who cannot do it properly, even a dhimmi; likewise for ascertaining virginity, defloration or puberty.
The Prophet (peace be upon him), having appointed Sa'd as arbiter for the Banu Qurayza, "used to uncover their waist-wraps" to check the growth of hair. And Othman, to whom a boy who had stolen was brought, said: "Look at his waist-wrap"; they found no hair and he did not cut [his hand] (Al-Mughni, 7/77-78; Al-Furu', 5/109; Al-Insaf, 8/22; Kashshaf al-Qina', 5/12; Sharh Muntaha al-Iradat, 5/105; Matalib Uli al-Nuha, 5/14-15; Manar al-Sabil, 2/537).
Al-Khatib al-Shirbini (may Allah have mercy on him) raises the question: is looking at the veiled woman from whom nothing appears but her eyes and eyebrows prohibited or not? Al-Adhri'i said: I found no explicit text on it; the apparent is that there is no difference, especially if she is beautiful: "how many temptations lurk behind the eyebrows!". And this is an apparent view (Mughni al-Muhtaj, 4/218; Nihayat al-Muhtaj, 6/218).
A man's look at the undesirable old woman: the jurists differ. The majority overall, namely the Hanafis, Malikis, Hanbalis and some Shafi'is, hold that looking at her is lawful. The Hanafis even permitted touching: touching being stronger than looking, indeed all the more; if touching is permitted, looking is a fortiori (Al-Mabsut, 10/154; Bada'i' al-Sana'i', 5/123; Al-Hidaya, 4/84; Tabyin al-Haqa'iq, 6/18; Al-Bunaya, 12/132; Al-Jawhara al-Nayyira, 6/358; Al-Bahr al-Ra'iq, 8/319; Ibn Abidin's Hashiya, 6/368).
The Malikis said: looking at the senescent woman is lawful, that is, the old woman in whom men have no desire; she need not veil herself, her desire for marriage having ceased; looking at her is permitted only to one whose heart is not feared to become attached to her, like the young man, even without excuse, for safety from what seeing a young woman produces. The evidence is Allah the Most High's word:
"And as for women advanced in age who no longer hope for marriage, no blame attaches to them for putting aside their garments, without displaying adornment"
Surah an-Nur, 60
That is, adorned with hidden adornment, such as a necklace or an anklet. As for the old man, he may not look at her except with an excuse, for he may desire her; and it has come: "for every fallen woman there is a catcher" (Ibn Abi Zayd al-Qayrawani's Risala, 1/158; Mawahib al-Jalil, 2/190; Al-Fawaqid al-Dawani, 2/313; Jami' al-Ummahat, 1/569; Al-Qawanin al-Fiqhiyya, 1/294; Ashhal al-Madarik, 3/226).
The Hanbalis said: looking at the one who is not desired is permitted, such as the undesirable old woman, the undesirable woman with a defect, the undesirable bald woman, the ugly one and their like, like an undesirable sick woman whose recovery is not hoped for, up to but excluding the intimate part of prayer (Kashshaf al-Qina', 5/11; Sharh Muntaha al-Iradat, 5/104; Manar al-Sabil, 2/533).
Ibn Qudama (may Allah have mercy on him) chose that he may look at her at what usually appears: the undesirable old woman: looking at what usually appears of her is lawful, by Allah's word: "And as for women advanced in age who no longer hope for marriage" (Surah an-Nur, 60). Ibn Abbas said about "Tell the believing men to lower their gaze" and "And tell the believing women to lower their gaze": it was abrogated, and excepted from it the old women who no longer hope for marriage; what looking is prohibited for being absent in her, she resembles the mahrams; likewise the women with undesired defects.
Whoever has lost desire for women through age, illness or effeminacy has the mahram's ruling in looking, by Allah's word: "or attendants among men without desire" (Surah an-Nur, 31), that is, one who has no desire for women; thus Mujahid and Qatada explained it, and likewise Ibn Abbas.
Aisha (may Allah be pleased with her) said: "An effeminate man used to enter upon the wives of the Messenger of Allah (peace be upon him), and he was counted among those without desire. The Prophet (peace be upon him) entered upon us while he was describing a woman: when she comes forward she advances on four; when she turns away she turns on eight. The Prophet (peace be upon him) said: Do I not see that this man knows what is here? This one must not enter upon you" (authentic chain; Ahmad, 25226). He had permitted his entering when counting him among those without desire; when he learned that from him, he veiled him (Al-Mughni, 7/78; Al-Kafi, 3/7).
The Shafi'is on the sahih hold that looking at the old woman is not permitted at all, neither her face nor her hands, without reason: there is no fallen woman without a catcher; hence ablution is broken by touching her; and for the undesirable old woman there may be someone who wants and desires her. Al-Nawawi said: al-Ghazali assimilated the old woman to the young one, desire not being restrained and she being a place of intercourse. Al-Ruyani said: when she reaches an age at which one is safe from the temptation of looking at her, looking at her face and hands is lawful, by "And as for women advanced in age" (Rawdat al-Talibin, 4/665).
Ibn Hajar al-Haytami (may Allah have mercy on him) said: al-Adhri'i's choice, the opinion of a group licensing looking at the face and hand of an old woman whose looker is safe from temptation, by "And as for women advanced in age", is weak: what has passed of blocking the way and of "for every fallen woman there is a catcher" refutes it; the verse contains no indication of it, but rather a hint of prohibition by the restriction "without displaying adornment".
And the visiting of Abu Bakr and Anas to Umm Ayman, likewise the companionship of Sufyan and Rabi'a (may Allah be pleased with them), does not entail looking; such people are not a standard for others, which is why seclusion was permitted for their like (Tuhfat al-Muhtaj, 8/489-490; see Nihayat al-Muhtaj, 6/218; Al-Najm al-Wahhaj, 7/20; Mughni al-Muhtaj, 4/218).
The jurists differ on shaking hands with the undesirable old woman; as for the young woman, shaking her hand without a barrier is not permitted at all, nor touching anything of her body. If there is a barrier and safety from temptation, the Shafi'is permit the handshake: it is lawful with a barrier and safety, and touching without a barrier is prohibited even with safety (Tuhfat al-Muhtaj, 8/498; Nihayat al-Muhtaj, 6/222; Al-Dibaj, 3/172).
As for the old woman, the Hanafis and Hanbalis permit the handshake. The Hanafis said: if she is an old woman who is not desired, there is no harm in shaking her hand and touching her hand, for lack of fear of temptation. It is reported that Abu Bakr al-Siddiq (may Allah be pleased with him), during his caliphate, would go out to tribes among which he had been nursed and shake hands with the old women (deemed rare by al-Zayla'i in Nasb al-Raya, 4/240); and when Abdallah ibn al-Zubayr (may Allah be pleased with him) fell ill in Mecca, he hired an old woman to nurse him: she would massage his legs and stroke his head (deemed rare by al-Zayla'i, 4/240).
The prohibition being grounded on fear of temptation, if she is of those who are not desired, this fear is absent; likewise if he is himself old and safe in himself and regarding her: shaking her hand is unproblematic; if he does not feel safe that she might desire, it is not permitted to shake her hand and expose her to temptation, as it is not permitted if he fears for himself. As for looking at her with desire, it is not lawful at all, except in necessity.
In sum: for the lawfulness of touching, one narration requires both to be old and safe; another suffices with one of them being old and safe: if one of them is not desired, touching is not a cause of falling into temptation, as with the child. The reason for the first: if the young man feels no desire at touching the old woman, the old woman desires the young man, knowing the means of intercourse: this leads to the completion of one of the two sides, which is prohibited; unlike the case where one of them is a child, which does not lead to the completion of both sides, the old one feeling no desire at touching the child.
Hence, when a little boy or girl dies, the woman washes him and the man washes her, so long as she has not reached the age of desire; likewise looking at the child and touching are permitted if he is not desired (Al-Mabsut, 10/154; Bada'i' al-Sana'i', 5/123; Al-Hidaya, 4/84; Tabyin al-Haqa'iq, 6/18; Al-Bunaya, 12/132; Al-Jawhara al-Nayyira, 6/358; Al-Bahr al-Ra'iq, 8/319; Ibn Abidin's Hashiya, 6/368).
The Hanbalis said: shaking hands with the young unrelated woman is not permitted, for it is worse than looking; as for the old woman, the man may shake her hand. It was said: shaking hands with women is disapproved. Ibn Muflih (may Allah have mercy on him) said: as for the young woman, shaking her hand is prohibited for the man, as mentioned in al-Fusul and al-Ri'aya.
Ibn Mansur asked Abu Abdillah (Ahmad): do you disapprove of shaking hands with women? He said: I dislike it. Ishaq ibn Rahawayh said the like. Muhammad ibn Abdallah ibn Mahran reports that Abu Abdillah was asked about a man shaking hands with a woman; he said: no, and stressed it strongly; he was asked: even through his garment? He said: no. Here then are two narrations on the prohibition and disapproval of shaking hands with women; the prohibition is the choice of Shaykh Taqi al-Din (Ibn Taymiyya), who reasoned that touching is more consequential than looking (Al-Adab al-Shar'iyya, 2/246; see Al-Furu', 5/113; Al-Insaf, 8/32; Kashshaf al-Qina', 2/179-180 and 5/15; Sharh Muntaha al-Iradat, 5/111; Matalib Uli al-Nuha, 5/20; Manar al-Sabil, 2/542).
The Malikis and Shafi'is hold that shaking hands with the old woman without a barrier is not permitted; with a barrier and safety from temptation it is permitted with the Shafi'is. The Malikis said: a man's shaking hands with an unrelated woman is not permitted, even a senescent one (the spent old woman in whom men have no desire), by the generality of the evidences establishing prohibition, and because only the sight is permitted (al-Sawi's Hashiya on al-Sharh al-Saghir, 11/279). The Shafi'is, as mentioned, permit the handshake with a barrier and safety, and prohibit touching without a barrier even with safety, without distinction between young and old (Tuhfat al-Muhtaj, 8/498; Nihayat al-Muhtaj, 6/222; Al-Dibaj, 3/172).
The jurists do not disagree: the woman may not look at an unrelated man with desire, if she knows or deems likely that desire will occur, or doubts it, for looking with desire at one whose marriage or possession is not lawful is a kind of fornication, prohibited by all jurists.
They then differ on the look without desire: may she look at what is not an intimate part of him, that is, other than the navel and knees? Or may she only look at what he may look at of her, namely the face and hands? The Hanafis in the school, the Shafi'is on the sounder view and the Hanbalis in the school hold that she may look at the man at what a man may look at of a man, if she is safe from desire: the navel, what is above it and what is below the knees are not intimate parts of a man, and what is not an intimate part may be looked at by men and women, like clothes; and by the Prophet's (peace be upon him) words to Fatima bint Qays:
"Spend your waiting period in the house of Ibn Umm Maktum: he is a blind man; you may take off your garments and he will not see you."Reported by Muslim (3770)
Aisha (may Allah be pleased with her) said: "The Messenger of Allah (peace be upon him) would screen me with his cloak while I watched the Abyssinians playing in the mosque" (reported by al-Bukhari, 988, and Muslim, 892). The day the Prophet (peace be upon him) finished the sermon of the festival, he went to the women, reminded them, with Bilal, and ordered them to give charity. And because if they were prevented from looking, veiling would become obligatory on men as on women, lest they look at them.
The man works at his craft and walks among people with a single waist-wrap: if looking at him were not permitted, matters would be straitened for people. The women attended prayer with the Messenger of Allah (peace be upon him) in the mosque: their looks necessarily fell upon the men; had looking not been permitted, they would not have been ordered to attend the mosque and place of prayer. The women were ordered to veil from men, and men were not ordered to veil (Al-Mabsut, 10/148; Al-Hidaya, 4/85; Al-Jawhara al-Nayyira, 6/360; Al-Inaya, 14/238; Mirqat al-Mafatih, 6/260; Tuhfat al-Ahwadhi, 8/15; Rawdat al-Talibin, 4/666-667; Al-Najm al-Wahhaj, 7/30; Mughni al-Muhtaj, 4/222-223; Tuhfat al-Muhtaj, 8/503; Nihayat al-Muhtaj, 6/225-226; Al-Mughni, 7/81; Al-Kafi, 3/9).
Ibn Qudama (may Allah have mercy on him) said: as for the hadith of Nabhan, Ahmad said: Nabhan reported two astonishing hadiths: this one and "If one of you has a contract-freed slave, let her veil from him"; as if pointing to the weakness of his hadith, since he reported only these two, contrary to the foundations. Ibn Abd al-Barr said: Nabhan is unknown, known only through al-Zuhri's narration of this hadith; Fatima's hadith is authentic: its proof is binding; it may be that Nabhan's hadith is specific to the Prophet's (peace be upon him) wives, as Ahmad and Abu Dawud said.
Al-Athram said: I asked Abu Abdillah: is Nabhan's hadith specific to the Prophet's (peace be upon him) wives, and Fatima's hadith general for all people? He said: yes; and were a conflict established, preferring the authentic hadiths over adopting a solitary hadith with a defective chain is more appropriate (Al-Mughni, 7/81; Al-Kafi, 3/9).
The Malikis per one opinion, the Shafi'is per an opinion preferred by al-Shirazi, al-Nawawi, Ibn Hibban and others, and the Hanbalis per an opinion hold that the woman may not look at the unrelated man except at what he may look at of her, namely the face and hands only, by "And tell the believing women to lower their gaze" (Surah an-Nur, 31): they must therefore be equal in what is incumbent upon them of lowering the gaze; each is ordered to lower his gaze at what is not lawful to look at; and each one's looking at the other is an incitement to infatuation.
Umm Salama (may Allah be pleased with her) said: "I was with the Messenger of Allah (peace be upon him) with Maymuna when Ibn Umm Maktum arrived, after we had been ordered to veil. The Prophet (peace be upon him) said: veil from him. We said: O Messenger of Allah, is he not blind, he does not see us nor know us? He said: Are you both blind? Do you not see him?" (weak hadith; Abu Dawud, 4112; al-Tirmidhi, 2778; Ahmad, 26579; Ibn Hibban in his Sahih, 5575; Abu Dawud said: this is specific to the Prophet's (peace be upon him) wives; see Fatima bint Qays's waiting period at Ibn Umm Maktum's).
Allah ordered the women to lower their gaze as He ordered the men; the woman being one of the two kinds of humans, looking at the other kind is prohibited to her by analogy with men; confirmed by the fact that the prohibited meaning of looking is the fear of temptation, which is greater in the woman: she is stronger in desire and weaker in reason, so the rush of temptation toward her is greater.
Al-Nawawi (may Allah have mercy on him) said: the sound position, followed by the majority of scholars and most of the Companions, is that it is prohibited for the woman to look at the unrelated man as it is prohibited for him to look at her, by the two verses, temptation being shared; as fitna is feared through her, it is feared through him.
The Sunna confirms it by the hadith of Nabhan, freedman of Umm Salama: a hasan hadith reported by Abu Dawud, al-Tirmidhi and others; al-Tirmidhi said: hasan hadith, and the criticism of whoever criticized it without solid proof is not heeded. As for Fatima bint Qays's hadith with Ibn Umm Maktum, it does not contain permission to look at him: it indicates that there she is safe from others' looks, and she is commanded to lower her gaze; she can therefore take precautions without hardship, unlike her stay in Umm Sharik's house (Sharh Sahih Muslim, 10/96-97; Al-Bayan wa-l-Tahsil, 4/289; Al-Muhadhdhab, 2/34; Al-Hawi al-Kabir, 9/35; Al-Mughni, 7/81; Al-Kafi, 3/9).
The Malikis and the Hanafis per one opinion hold that the woman may see of the unrelated man what a man sees of his mahrams: the face and the front limbs that the mahram sees of his mahram, those parts not being intimate parts relative to him; touching, however, is not permitted: it is prohibited for the woman to touch the face and limbs of the unrelated man, to put her hand in his or on his face, as he may not put his hand in hers or on her face; unlike the mahram, where looking at the face and limbs is permitted, as is touching without pleasure (Mawahib al-Jalil, 2/191-192; Sharh Mukhtasar Khalil, 1/248; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 1/346).
Against the sahih, the Hanafis hold that the woman's look at the man is like the man's look at his mahrams, to the point that she may not look at his back or belly; the ruling of looking between different sexes being graver: note that a woman may not wash a man after his death; were she equal to the man in looking, washing him after death would be permitted to her (Al-Mabsut, 10/148; Al-Hidaya, 4/85; Al-Jawhara al-Nayyira, 6/360; Al-Inaya, 14/238).
The Shafi'is have a third, close opinion: she may look only at what appears in his craft, for there is no need for anything else, given the prevalence of their looking at men in the streets (Al-Bayan, 9/130; Rawdat al-Talibin, 4/666-667; Al-Najm al-Wahhaj, 7/30; Mughni al-Muhtaj, 4/223; Tuhfat al-Muhtaj, 8/503; Nihayat al-Muhtaj, 6/225-226).
The jurists agree: the man may not look, of his mahrams, that is, all those whose marriage is eternally prohibited to him by lineage, suckling or marital prohibition, at what is between the navel and the knees. They also agree that he may look at their face and hands. They then differ: may he look at what appears from the navel to the knees? Or only at what appears during service and activity? Or at the face and hands only?
The Malikis and the Shafi'is per one opinion hold that he may look of his mahrams only at what appears during service, such as the face and front limbs that the mahram sees of his mahram, those parts not being intimate parts relative to him; and touching without pleasure is permitted (Mawahib al-Jalil, 2/191-192; Sharh Mukhtasar Khalil, 1/248; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 1/346; Sharh Sahih Muslim, 4/31).
The Hanafis hold that he may look of his mahrams at the face, head, chest, shins and upper arms. The mahrams are those whose marriage is eternally prohibited to him by lineage or cause, such as suckling and marital affinity, whether the affinity is through marriage or through fornication, on the sounder view. He does not look at her back or belly, for they take the place of the intimate part; evidence: if he likens his wife to his mother's back, he commits zihar; had looking at it not been prohibited, the prohibition by simile would not have occurred. Note: if he says to his wife "you are to me like my mother's head", no prohibition occurs. The prohibition of looking at the back being established, the belly is more so: the belly is desired, not the back.
The basis is Allah's word:
"And let them not display their adornment except that which appears thereof. Let them draw their veils over their bosoms, and not display their adornment except to their husbands, or their fathers, or their husbands' fathers, or their sons, or their husbands' sons, or their brothers, or their brothers' sons, or their sisters' sons"
Surah an-Nur, 31
That is, the places of adornment, which are those mentioned. And His word: "No blame attaches to them regarding their fathers, nor their sons" (Surah an-Nur, 31). And the Prophet (peace be upon him) said to Aisha (may Allah be pleased with her): "Permit him, for he is your uncle" (reported by al-Bukhari, 4796, and Muslim, 1445).
Included are the shin, ear, neck and foot, for all that is a place of adornment, unlike the back, belly and thigh which are not; and because they enter upon one another without permission or bashfulness; the woman in her house being usually in work clothes: were looking at these places prohibited, it would lead to hardship. Desire for the eternally forbidden being rare, she is rarely desired, unlike what lies behind, which is not usually uncovered.
There is no harm in touching what he may look at of her: the need is realized in travel and desire for the eternally forbidden is little, unlike the unrelated woman's face and hands, where touching is not permitted even if looking is, desire being complete; unless he fears desire in her or in himself: he then neither looks nor touches, by "The two eyes fornicate: their fornication is looking; the two hands fornicate: their fornication is striking"; the prohibition of fornication with the mahrams being graver, it is avoided. And there is no harm in seclusion with them or traveling with them (Al-Hidaya, 4/86; Al-Inaya, 14/244-245; Al-Jawhara al-Nayyira, 6/361-362).
The Shafi'is on the sahih hold that he may look, of his mahrams by lineage, suckling or affinity, at what is above the navel and below the knees, without desire; what is between the navel and the knees is prohibited by consensus, for mahram status is a cause prohibiting marriage, making them like men among men and women among women. Is looking at the navel and the knee permitted? Two opinions: yes, for they are not intimate parts relative to the mahram's look; and: they are here, as a precaution for the stronger view.
No difference in the mahram between the disbeliever and others, unless he belongs to a people who permit mahrams, like the Magians: then her look at him and his at her are not permitted. Seclusion and travel with the mahram are permitted (Al-Bayan, 9/129-130; Rawdat al-Talibin, 4/665-666; Sharh Sahih Muslim, 4/31; Al-Najm al-Wahhaj, 7/21-22; Mughni al-Muhtaj, 4/218; Tuhfat al-Muhtaj, 8/490; Nihayat al-Muhtaj, 6/218-219; Al-Dibaj, 3/170).
The Hanbalis hold that he may look of his mahrams at what usually appears, such as the neck, head, hands and feet, but not at what is usually covered, such as the chest and back. Al-Athram said: I asked Abu Abdillah (Ahmad) about a man looking at the hair of his father's wife or his son's wife; he said: this is in the Qur'an: "And let them not display their adornment", except to such and such. I said: does he look at his father's wife's shin and chest? He said: it does not please me. Then he said: I disapprove that one look, of his mother or sister, at anything of this kind, and at anything with desire. The qadi mentioned that the man's status with his mahrams is the man's status with men and the woman's with women.
Abu Bakr (al-Athram) said: Ahmad's disapproval of looking at his mother's shin and chest is by way of precaution, for it invites desire: that is, it is disapproved, not prohibited.
Sahl bint Suhayl said: "O Messenger of Allah, we used to see Salim as a son; he lived with me and Abu Hudhayfa in one house and would see me freely, in light clothing; then Allah revealed concerning them what you know: what do you see regarding him? The Prophet (peace be upon him) said: breastfeed him. She suckled him five sucklings, and he became like her son through suckling" (authentic hadith; Abu Dawud, 2061; Ahmad, 25691).
This proves he used to see of her what usually appears, since she said "he would see me freely", that is, in fine garments that do not cover her limbs. A verse of Imru al-Qays echoes this: "I came when she had spread her garments for sleep, by the screen, except the attire of the careless one"; from such a garment appear the limbs and the hair: he used to see her thus when she believed him a son; then the Prophet (peace be upon him) guided them to what would make permanent what they believed and practiced.
Al-Shafi'i reported in his Musnad, from Zaynab bint Abi Salama, that she was suckled by Asma, al-Zubayr's wife; she said: "I used to see him as a father; he would enter upon me while I was combing my hair, take some locks of my head and say: come to me." And because guarding against this is impossible, it was permitted like the face.
The jurists of the four schools agree: the man may not look at a man's intimate part, by what Muslim reported from Abu Sa'id al-Khudri (may Allah be pleased with him):
"A man must not look at a man's intimate part, nor a woman at a woman's intimate part; a man must not lie with another man in one garment, nor a woman with another woman in one garment."Reported by Muslim (338)
Al-Nawawi (may Allah have mercy on him) said: this hadith contains the prohibition of the man's looking at the man's intimate part and the woman's at the woman's, without disagreement; likewise the man's looking at the woman's intimate part and the woman's at the man's is prohibited by consensus; the mention of the man's looking at the man's intimate part alludes to looking at the woman's, prohibited a fortiori; this prohibition concerns other than spouses and owners (Sharh Sahih Muslim, 4/30).
The jurists differ on the definition of the intimate part: is it what is between the navel and the knees, or only the front and rear privates? The majority, namely the Hanafis, Malikis, Shafi'is and the Hanbalis in the school, hold that a man's intimate part is what is between the navel and the knees: he may look at the rest of a man's body, except that which is permitted only in necessity; there is no harm in looking at the place of circumcision in order to circumcise and treat after circumcision; likewise if there is at that place a wound or ulcer, or a need for treatment.
The evidence that what is between the navel and the knees is an intimate part: what Imam Ahmad reported in his Musnad from Jarhad:
"The Messenger of Allah (peace be upon him) saw him having uncovered his thigh and said: O Jarhad, cover your thigh, for the thigh is an intimate part."Authentic hadith, reported by Abu Dawud, al-Tirmidhi (2795), al-Bayhaqi in al-Kubra (2/228) and Ibn Hibban
And by the Prophet's (peace be upon him) words: "When one of you marries his slave to his slave girl or his hired worker, he must not look at anything of his intimate part: what is below the navel down to the knees is an intimate part" (hasan hadith; Abu Dawud, 4113-4114; al-Daraqutni, 1/230). An explicit text, the free man and the slave being equal in it.
The Hanbalis per one narration hold that the intimate part is the front and rear privates, by what Anas ibn Malik (may Allah be pleased with him) reported: "On the day of Khaybar the Prophet (peace be upon him) drew away his waist-wrap from his thigh, until I saw the whiteness of the Prophet's (peace be upon him) thigh" (reported by al-Bukhari, 364, and Muslim, 1365); and by what Aisha (may Allah be pleased with her) recounted: "The Messenger of Allah (peace be upon him) was lying in my house with his thighs or shins uncovered; Abu Bakr asked permission and he granted it to him in that state and they talked; then Omar asked permission and he granted it to him likewise" (reported by Muslim, 2401). This proves the thigh is not an intimate part, not being a passage for impurity, unlike the shin. On this basis, a man may look at a man at everything other than the front and rear privates.
He may look at the navel per the majority: Hanafis, Malikis, Hanbalis and the sahih with the Shafi'is; per an opinion of the Shafi'is it is an intimate part. The evidence that it is not: Ibn Omar would expose his navel when donning the waist-wrap; Abu Hurayra said to al-Hasan (may Allah be pleased with them): "Show me the spot the Messenger of Allah (peace be upon him) used to kiss from you"; he exposed his navel and Abu Hurayra kissed it; and the common practice of people who, in the baths, expose their navel when donning the wrap without being denounced, proves it is not one.
They then differ over the knee. The Hanafis and the Shafi'is per one opinion hold that looking at the knee is not permitted, by "The knee is part of the intimate part" (reported by al-Daraqutni, 1/231, with Abu al-Junub in its chain, deemed weak by al-Daraqutni); and because the knee is a composite member of shin bone and thigh, hard to distinguish: the thigh is an intimate part, the shin is not; in case of ambiguity, precaution applies, unlike the navel, the name of a known spot without ambiguity; it is reported that Omar (may Allah be pleased with him) would expose his navel when donning the wrap: had it been one, exposing it from him would not have been tolerated.
The Malikis, the Shafi'is on the sahih and the Hanbalis hold that the knee is not part of the intimate part: the knee being a boundary, it is not part of it, like the navel (Al-Mabsut, 10/146; Bada'i' al-Sana'i', 5/123-124; Al-Muhit al-Burhani, 5/168; Al-Inaya, 14/236-237; Al-Jawhara al-Nayyira, 6/360; Sharh Mukhtasar Khalil, 1/246; Al-Sharh al-Kabir with al-Dasuqi's Hashiya, 1/344; Sharh Sahih Muslim, 4/131-132; Rawdat al-Talibin, 4/666; Al-Najm al-Wahhaj, 7/26; Mughni al-Muhtaj, 4/220; Al-Dibaj, 3/172; Al-Mughni, 7/80; Al-Kafi, 3/8; Al-Insaf, 1/453-454; Kashshaf al-Qina', 5/14; Manar al-Sabil, 2/539). The issue was addressed in the Book of Prayer of this work, in defining the man's intimate part.