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Discussion on rulings of gender relations from a fiqh (jurisprudence, science of religious law in Islam) perspective.

In Islam, the male and female relationship with non-mahram males and females (those one is eligible to marry) is governed by Qur’anic (Muslim holy book) revelation and teachings found in the hadiths (a speech, saying or tradition of the Prophet Muhammad-peace be upon him).


Islamic law book

These primary sources of Islamic law can at times be ambiguous and therefore require the implementation of a process called fiqh (jurisprudence, science of religious law in Islam). The scholars of the various schools of Islamic law attempt to understand and interpret these divine texts in order to establish human limits of interaction with the opposite sex. The result of these scholarly interpretations produce rules which are varied and this gives the Muslim believers flexibility to choose the rules that best suit their individual circumstances. The rules embody great wisdom and foresight, ensuring that all doors leading to fornication, adultery or immoral relationships are closed before inception can even take place. This article will briefly explain the complex nature of fiqh rulings on gender relations, discuss some of the most common rulings regarding gender relations as well as look at some of the differing opinions of the scholars. The application of these rules aid and support both genders in remaining on a righteous path to God, ultimately helping them to fulfil their aim in life which is to know God and strive in His way.


The Qur’an and Sunnah (practices and teachings of Prophet Muhammad-pbuh) are regarded as the primary sources of law in Islam (shar’ia). Muslims believe them to be divine, perfect and not subject to the possibility of error. However, due to the ambiguous nature of certain verses the scholars of Islam try and derive clear rulings, regarding gender relations, by carefully sifting through all primary evidences to reach conclusions. In spite of this, their rulings are not always accepted as free from error as Larsen, Moe, & Vogt (2009) point out, “… while the shar’ia is sacred, eternal and universal, fiqh is human and like any other system of jurisprudence – mundane, temporal and local” (para. 5). Considering that fiqh is essentially a human endeavour, scholarly interpretations will also vary and this is due to a number of factors which include the evidences and methods the scholars have chosen to use in order to derive their rulings. Although scholars predominately agree on the main points of many gender relation rulings, they are at times subjected to scrutiny by their counterparts when major or even minor differences in views exist. Hamza Yusef Hanson further clarifies this by pointing out that the scholars commonly disagree, despite using the same primary sources as their reference, because of the different methods each uses to derive the rules (Al-Jaziri, 2009). 


Gender relations take place through work, educational or social settings and are viewed as a normative part of life in Islam. Although normative, Islam does seek to establish regulations and guidelines within gender relations so as to maintain a high level of moral conduct between the sexes and to keep both parties pure of heart. Al-Munajjid (2012) states that, although interaction based on necessity is permissible, the male and female must adhere to strict rules governing them. He believes that the conversations must deal with the needful issue at hand and not diverge into an array of topics that are unrelated. The conversations must have a clear purpose and should not be initiated for mere amusement and humor. Al-Munajjid uses a hadith of the Prophets wife ‘Aa’ishah illustrating how she did not needlessly converse with a male who assisted her when she had been left behind in the desert,


I woke up when I heard him saying … (Verily to Allah (God) we belong and verily unto Him is our return) … By Allah, we did not exchange a word and I did not hear any word from him apart from his saying Inna Lillaahi (Verily to Allah (God) we belong) … (Bukhaari, 4141 and Muslim, 2770, as cited in Al-Munajjid, 2012).


Additionally, it is not permissible to change one’s vocal tone as well as use elaborate speech in order to impress the opposite sex. This is made relatively clear through a verse where God says in the Qur’an, “If you keep your duty (to Allah), then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery) should be moved with desire, but speak in an honourable manner” (Qur’an, 33:32). Finally, Al-Munajjid (2012) says that one may look at the opposite sex to the extent that is required for the conversation but no long-fixated looking is allowed. 


The fiqh rulings regarding Khalwa or seclusion of a male and female in Islam, are that of an impermissible nature. Seclusion of those who are not in a marital relationship, or do not have blood relations that prevent them from marrying, is unacceptable (Badawi, 2010). There is a hadith of the Prophet Muhammad-pbuh, where he states that “No man is alone with a woman but the Shaytaan (Satan) will be the third one present” (Tirmidhi, as cited in Jibreen, 2000, para. 1). He explains that God outlaws all paths that could or may eventually lead to corrupted or dishonorable consequences, as God ultimately wants the faithful to remain clean, noble and righteous (Jibreen, 2000). However, the presence of an additional person, making it three peoples in total, no longer amounts to a situation of seclusion and hence makes the situation lawful (Keller, 1994).

The Qur’anic commands regarding the lowering of one’s gaze is reasonably clear when God states,


Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts). That is purer for them. … And tell the believing women to lower their gaze … and protect their private parts …  (Qur’an, 24:30-31).


Although a relatively clear verse, scholars must further define the extent to which the faithful are obliged to lower their gaze and to what extent they are permitted to naturally look. The hadiths of the Prophet-pbuh give the scholars more detailed information on the topic and aid them in deducing fiqh rules. In one such hadith the Prophet instructs a companion that the sin is in the follow up glance but not in that of the initial accidental one. Al-Nawawi clarifies the exact meaning of this hadith when he says, 


What is meant by an accidental glance is when his gaze falls upon a non-mahram woman accidentally; there is no sin on him for the first glance but he has to avert his gaze …  If he averts his gaze immediately, there is no sin on him, but if he continues to look then he is sinning, … (Al-Munajjid, 2011, para. 2).


Furthermore, Scholars like Badawi (2010) argue that it is not blameworthy for one to glance at the opposite sex when it is done in a natural and honorable manner. He believes it becomes impermissible if one is to entertain thoughts of a sexual nature toward the other or to look fixatedly. 


Scholars generally agree that it is unlawful to touch those of the opposite sex, unless it be that of lawful blood relations or one’s husband or wife. Keller (1994) states that if one is not permitted to look than naturally it would also be impermissible to touch. This includes the modern-day greetings where indiscriminate hand-shaking has become a part of everyday life. The evidence that is most commonly used to illustrate this point is a hadith showing that the Prophet never shook hands with any woman that was not related to him. Al-Munajjid (1998) argues that,


… the Messenger-pbuh of Allah (God) never touched a non-mahram woman, even when accepting bay’ah (oath of allegiance) from women. He did not hold their hands when accepting their bay’ah, as he did with men; their bay’ah was by words only, as was reported by his wife ‘Aa’ishah … (para, 2).


Ansari (2010) therefore, suggests that Muslims should do their best to find methods which avoid handshaking, but to do so in a manner that is least likely to provoke ill feeling. If the Prophet himself did not resort to shaking hands with non-mahram women than Muslims should also refrain from doing so.


Differing views as well as opposition to some fiqh rulings are common-place. Badawi, opposes the view of certain scholars whom he believes have misinterpreted this hadith,


… Al Mughira Ibn Shuba, came to the prophet and he told him that he was getting married.  The Prophet told him “Look at her because this might generate a feeling of closeness and compassion and a relationship between you and her.” … some Islamic jurists like Yousif Alkaradawi and Albahi Al Khuli who relate this Hadith of the Prophet … as meaning that they have the right to talk and to go out in the presence of other … (Badawi, 2010, 7.25 section, para. 24-25).


Similarly, Larsen et al., (2009) strongly object to many of the fiqh rulings regarding gender relations and claim that they are merely the guess work of scholars. They believe that the scholars who derive fiqh rulings are heavily influenced by the culture and world in which they live. 


In conclusion, gender relation fiqh rulings have been painstakingly and meticulously derived from the primary Islamic sources over the centuries in order to assist both genders in remaining focused on their ultimate goal. The varied scholarly opinions do open the door to debates, however the variance impacts Muslims positively giving them the flexibility to choose what best suits their individual circumstances. The rulings have an underlying wisdom which transcends time, traditions, cultures and speaks to the timeless human nature of man and woman. They provide safeguards and positive benefits for humanity when applied, ultimately aiding both sexes in remaining righteous and on a noble path in life. They reduce the risk of veering on to paths that can prove detrimental in this life as well as that of the hereafter. 




References


Al-Jaziri, A. A-R. (2009). Islamic jurisprudence according to the four sunni schools. Retrieved from Archive.org.


Al-Munajjid, M. S. (2011). Islam question and answer. In Etiquette-morals and heart-softeners, character and morals. Retrieved from https://islamqa.info/en/160554


Al-Munajjid, M. S. (2012). Islam question and answer. In Etiquette of talking to women. Retrieved from https://islamqa.info/en/113996


Al-Munajjid, M. S. (1998). Islam question and answer. In Ruling on shaking hands with the opposite sex. Retrieved from https://islamqa.info/en/2459


Ansari, Z. (2010). Seekers hub. In Guidelines for interacting with the opposite sex. Retrieved from http://seekershub.org/ans-blog/2010/12/29/guidelines-for-interacting-with-the-opposite-sex/



Jibreen, A-A. I. (2000) Islam question and answer. In Why is it forbidden for a man and woman who are not mahrams to have a relationship. Retrieved from https://islamqa.info/en/9465



Larsen, L., Moe, C., & Vogt, K. (2009). New directions in Islamic thought: Exploring reform and Muslim tradition. Retrieved from Google books.

 
 
 

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