Monday, February 18, 2008

Shaking Hands with Women: An Islamic Perspective

There is no doubt that shaking hands between males and females who are not mahrams (illegal for marriage) has become an intricate issue. Reaching an Islamic verdict on this issue away from extremism and dispensation needs a psychological, intellectual, and scientific effort so that the Mufti gets rid of the pressure of all imported and inherited customs unless they are based on the textual proofs of the Qur’an or the Sunnah.
Before tackling the issue in point, I would like to exclude two points on which I know there is agreement among the Muslim jurists of the righteous predecessors.
Firstly, it is prohibited to shake hands with a woman if there is fear of provoking sexual desire or enjoyment on the part of either one of them or if there is fear of temptation. This is based on the general rule that blocking the means to evil is obligatory, especially if its signs are clear. This ruling is ascertained in the light of what has been mentioned by Muslim jurists that a man touching one of his mahrams or having khalwah (privacy) with her moves to the prohibited, although it is originally permissible, if there is fear of fitnah (temptation) or provocation of desire.
Secondly, there is a dispensation in shaking hands with old women concerning whom there is no fear of desire. The same applies to the young girl concerning whom there is no fear of desire or temptation. The same ruling applies if the person is an old man concerning whom there is no fear of desire. This is based on what has been narrated on the authority of Abu Bakr As-Siddiq (may Allah be pleased with him) that he used to shake hands with old women. Also, it is reported that `Abdullah ibn Az-Zubair hired an old woman to nurse him when he was sick, and she used to wink at him and pick lice from his head. This is also based on what has been mentioned in the Glorious Qur’an in respect of the old barren women, as they are given dispensation with regard to their outer garments. Almighty Allah says in this regard: “As for women past child bearing, who have no hope of marriage, it is no sin for them if they discard their (outer) clothing in such a way as not to show adornment. But to refrain is better for them. Allah is Hearer, Knower.” (An-Nur: 60)
Allah explains that there is no sin on the old barren women if they decide to remove their outer garments from their faces and such, so long as they do not do it in a manner in which they would be exposing their beauty wrongly.
Here the object of discussion deals with other than these two cases. There is no surprise that shaking hands with women is haram (unlawful) according to the viewpoint of those who hold that covering all of the woman’s body, including her face and the two hands, is obligatory. This is because if it becomes obligatory to cover the two hands, then it would become haram for the opposite sex to look at them. And, if looking at them is unlawful, then touching them would become haram with greater reason because touching is graver than looking, as it provokes desire more.
But it is known that the proponents of this view are the minority, while the majority of Muslim jurists, including the Companions, the Successors and those who followed them, are of the opinion that the face and the hands are excluded from the prohibition. They based their opinion on Almighty Allah’s saying, “And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent …” (An-Nur: 31) So where is the evidence on prohibiting handshaking unless there is desire?
In fact, I searched for a persuasive and textual proof supporting the prohibition but I did not find it. As a matter of fact, the most powerful evidence here is blocking the means to temptation, and this is no doubt acceptable when the desire is roused or there is fear of temptation because its signs exist. But when there is no fear of temptation or desire, what is the reason for prohibition?
Some scholars based their ruling on the action of the Prophet (peace and blessings be upon him) on the day of the Conquest of Makkah. When he wanted to take the pledge of women he said to them, “Go, for you have given your oath of allegiance.” But it is known that the Prophet’s leaving a matter does not necessarily indicate its prohibition, as he may leave it because it is haram (forbidden), makruh (reprehensible), or because it is not preferable. He may also leave it just because he is not inclined to it. An example of this last is the Prophet’s refraining from eating the meat of the lizard although it is permissible. Then, the Prophet’s refraining from shaking hands with women (other than his wives) is not evidence of the prohibition, and there should be other evidence to support the opinion of those who make shaking hands absolutely prohibited.
However, it is not agreed upon that the Prophet (peace and blessings be upon him) refrained from shaking hands with women to take their oath of allegiance. Umm `Atiyyah Al-Ansariyyah (may Allah be pleased with her) reported another narrative that indicates that the Prophet shook hands with women to take their oath of allegiance. This is unlike the narration of the Mother of the Believers `A’ishah (may Allah be pleased with her) who denied this and swore that it had not happened.

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