|
Indeed, Allaah has forbidden the Muslims from
fornication and all the pathways, which lead to it. He
(T) has said (which means):
"And do not come near
zinaa (fornication)! Indeed, it is an abomination, and
an evil way." (Al-Israa':
32)
Among the many things that excite passions
between a man and a woman, is touching. Thus, touching,
which opens the door to fornication, is also forbidden
as it is a form of fornication, since the Prophet (S)
said:
The eyes fornicate. Their fornication is the
(illegal) look. The hands fornicate. Their fornication
is the touch. The feet fornicate. Their fornication is
the walking (towards a woman). The heart desires, and
the private parts either confirm it or deny it.
(Al-Bukhaaree)
Unfortunately, some form of this type of
fornication is unavoidable. Although, we may not commit
the indecent sexual act itself, indeed, our eyes, our
hands, and our feet fornicate at least once in our
lives. There is no doubt about that, as the Prophet (S)
said:
Every one of the sons of Aadam has his share
of fornication written for him.
(Al-Bukhaaree)
Therefore, we must try our best to avoid
fornication and every pathway leading to it. Since the
hand has the capability of fornicating, then it is
forbidden for the woman to touch a man that is not a
mahram to her. A mahram is someone that the Muslim woman
is permitted to uncover (her veil) in front of. They
consist of her father, husband, brother, mother's
brothers, father's brothers, and all the others
mentioned in Sooraat an-Noor: 31 in the Qur'aan. We
shall present a brief look at the evidences prohibiting
non-related men and women from touching each other, from
three perspectives:
The Warning from
the Prophet (S)
The Prophet (S) said:
It is better for a spike to be driven into
your head than for you to touch a woman that is not
permissible for you (to touch). (Recorded by
at-Tabaraanee in al-Kabeer)
According to the above narration, we can plainly
see the prohibition of a man touching a woman. Although
the Prophet (S) did not directly command the Muslims to
not do it, his statements show the severity of the
consequences of committing such an act. If it were
allowed to touch non-related men and women, then the
Prophet (S) would not have spoken so drastically of the
one who does so. Consequently, it is forbidden for the
man to touch any woman that he is not a mahram for, as
well as a woman to touch any man that is not a mahram to
her. This is the opinion that the majority of the
scholars have taken and it is the truth of which there
is no doubt.
Ahmad Bin Hanbal (r) said:
"The specified look at women-strangers, as well
as touching them is forbidden."(Al-Muntahaa)
Commenting on the hadeeth, al-Albaanee
said:
"In this hadeeth, there is a severe threat to he
who touches a woman that is not permissible for him. In
it is also a proof for the prohibition of shaking hands
with women, because that entails touching without a
doubt. "(As-Saheehah: no. 226)
Apart from the above-mentioned men, the Muslim
woman is not allowed to touch any man whether Muslim or
non-Muslim. If she does so then she has fallen into sin
and commenced on one of the many pathways toward
fornication. And we seek Allaah's refuge from that!
Arguments
Although the above evidences and ruling based on
such, may seem clear and evident, some raise arguments
which may seem contradictory to what is established.
However, they do not present a contradiction, and will
be answered:
No
Prohibition
Someone may say, "The Prophet (S) did not
directly prohibit not touching women. His not doing so
is only his Sunnah (example) and something only for
him."
The claim that he (S) did not prohibit it, is a
claim that could only be made by those who lack the
knowledge of basic fiqh pricnibles. It is through these
princibles that we understand how to apply Allaah's
legislation. Among these basic princibles are the
following;
1. Something is obligatory to avoid, if
not doing so would incurr the commission of something
prohibted. He (S) said;
It is better for a spike to be driven into your
head than for you to touch a woman that is not
permissible for you (to touch).
So avoiding "touching a woman" is obligatory,
since it is worse that driving a spike into your head.
So such a naive statment implies the following; "The
Prophet (S) did not prohibit driving a spike into one's
own head, rather, he only avoiding doing it as a Sunnah
that was particular to him."!!!?
2. The usage of the statment "not
permissible" implies "not permissible", unless there is
a text to clarify that it is only disliked or abrogated,
etc.
Ambiguity
One may say, "The hadeeth is not clear, since the
word used for touch (massa) can either mean a touch with
sexual desire or a touch without desire. Therefore, a
touch with no lust involved is allowed (i.e. with an old
man)."
This would be a possibility if there were
conflicting texts, which is not the case here. For
example, does touching the private part break wudhu' or
not. Some narrations say, "It is part of him", whereas
another says that it requires wudhu'. In this case, when
two texts coincide, harmonization must be made, or
abrogation must be demonstrated. So then this claim is a
possibility. But on the other hand, passing wind breaks
wudhu', weather it is done out of pleasure or not, and
no one claims otherwise, and this is because there is no
text to require that!
Not In The
Qur'an
One may claim, "The command for not touching is
in a hadeeth and not in the Qur'aan. Therefore, Allaah
has not prohibited it.".
There are many texts to prove that the one who
disobeys the Messenger has disobeyed Allaah. Therefore,
when a person says this, it is more important for them
to repent from the disbelief that they have expressed
than to be concerned with the issue that we are
discussing. Indeed saying a statement of kufr like this
one, and believing in it, is worse than having a spike
driven in one's head. Therefore we can only say as
Allaah has said to Muhammad (S);
"Then if they disobey you,
say, "Indeed I am innocent of what you do.""
(Ash-Sha'raa' 26:216)
This is a two step process, first innocence is
claimed, and then;
"So they disobeyed the
Messengers of their Lord, so He punished them all with
abounding destruction." (Al-Haaqah
69:10)
Then all of those who disobey the Messenger (S)
are destroyed, either in this life or the Hereafter. So
indeed this is a matter much worse than a spike in the
head.
The Rule of
Necessity
It is allowable for a man to touch a woman not
related to him in the case of emergency, such as when a
woman has no option but to be treated by a male-doctor,
and she is in dire need of treatment, or when there is a
life-or-death emergency. These examples fall under the
rule of
necessity. |