GUIDELINES FOR GENDER INTERACTION IN ISLAM PDF

GUIDELINES FOR GENDER INTERACTION IN ISLAM Zeeshan Chaudri and Muntasir Zaman  GUIDELINES FOR GENDER INTERACTION IN ISLAM GUIDELINES FOR GENDER INTERACTION IN ISLAM Zeeshan Chaudri and Muntasir Zaman © 2024 Copyright by Zeeshan Chaudri and Muntasir Zaman All rights reserved...

GUIDELINES FOR GENDER INTERACTION IN ISLAM Zeeshan Chaudri and Muntasir Zaman  GUIDELINES FOR GENDER INTERACTION IN ISLAM GUIDELINES FOR GENDER INTERACTION IN ISLAM Zeeshan Chaudri and Muntasir Zaman © 2024 Copyright by Zeeshan Chaudri and Muntasir Zaman All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the authors, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.  Contents Introduction................................................................ 1 Fundamental Principles...................................................... 1 The Definition of Ikhtilāṭ..................................................... 3 Chronology of Hadith in Relation to Hijab.................................... 10 Separate Sessions for Men and Women....................................... 15 Segregation during Ṭawāf.................................................... 19 Addressing Women behind a Screen......................................... 22 The Prophet’s g Masjid..................................................... 28 Statements of the ʿUlamāʾ................................................... 31 Practical Scenarios.......................................................... 36 Non–Sharia Compliant Gatherings........................................... 37 A Case Study of Fitna....................................................... 38 Declaring Someone an Open Sinner (tafsīq).................................. 42 Conclusion................................................................. 45 Endorsements.............................................................. 47 v Introduction The term ikhtilāṭ and its cognates, commonly used to describe certain forms of gender interaction, linguistically refer to the intermixing, commingling, or blending of things. However, there remains significant ambiguity regarding their precise legal definitions. Unlike well-defined legal concepts such as theft (sariqa), usury (ribā), and murder (qatl) [notwithstanding peripheral points of disagreement], ikhtilāṭ and its related terms are not strictly defined. Consequently, determining guidelines for appropriate gender interaction necessitates extensive analysis and the application of various legal tools. This paper seeks to elucidate the key principles governing gender interaction, high- light areas of juristic consensus and disagreement, and address relevant contemporary issues. Though not an exhaustive treatment, this paper aims to establish the parameters of the discussion around ikhtilāṭ in order to clarify misconceptions and prevent the spread of false characterizations. It will draw upon the hadith corpus to examine how the Prophet g and his companions interacted, alongside the commentary of scholars from various madhāhib on these hadiths and gender interaction in general. Finally, it will address practical issues such as attending gatherings where inappropriate forms of ikhtilāṭ occur in order to enjoin good and forbid wrong, and it will explore contemporary scenarios involving valid gender interaction. Fundamental Principles Before delving into specific examples and cases, it is clear upon perusal of the tradition that there are a few fundamental principles regarding gender interaction on which the ʿulamāʾ largely agree: 1. Obligation of Covering the ʿAwra: ʿAwra is the scripturally ordained private areas of a person that must be covered in the presence of non-maḥram individuals. The ʿawra of a man is from the naval to the knees,1 while for a woman it is the whole body except the face and hands. While some scholars require covering the entire body, others have excluded the forearms and feet.2 1 There is a difference of opinion on whether the naval and the knees are included within the male ʿawra, as well as details regarding the thigh. See al-Mawsū’a al-fiqhiyya al-Kuwaytiyya (Wizārat al-Awqāf), 40:354. 2 Al-Shaybānī, al-Aṣl (Dār Ibn Ḥazm), 2:235–36; al-ʿAbdarī, al-Tāj wa-l-iklīl (Dār al-Kutub al-ʿIlmiyya), 2:181; al-Māwardī, al-Ḥāwī al-kabīr (Dār al-Kutub al-ʿIlmiyya), 9:33, ʿAlāʾ al-Dīn al-Mardāwī, al-Inṣāf fī maʿrifat al-rājiḥ min al-khilāf (Dār Iḥyāʾ al-Turāth al-ʿArabī), 8:28. There are a range of positions and nuances that scholars have adopted. For example, some Shāfi’ī jurists argued for a distinction between the ‘awra of covering and ‘awra of seeing. See the fatwa of Mufti Taha Karaan: https://seekersguidance. Guidelines For Gender Interaction In Islam 2. Principle of Visual Interaction: As an extension of the concept of ʿawra (scriptur- ally ordained private areas), scholars discuss that looking at someone else’s ʿawra is categorically prohibited, unless there is a necessity (e.g., a medical necessity). This categorical prohibition does not apply to those areas of the body that are not considered ʿawra. Concerning these, the scholars do not find an inherent cause for the prohibition (i.e., it is not qabīḥ li-dhātihi) and state that looking at these body parts (e.g., face and hands) only becomes impermissible when it is done with an impermissible cause: sexual desire. In other words, the presence of sexual desire brings in an impermissibility to the action not found inherently within the action (i.e., it is qabīḥ li-ghayrihi).3 Evidence will be presented later for further clarification. 3. Prohibition of Khalwa: Khalwa, which refers to a man being alone with a woman in a concealed or secluded place, is explicitly prohibited in numerous hadith. For example, the Prophet g said: “One of you should not be alone with a woman, for Shayṭān is the third [always present].”4 4. Prohibition of Physical Contact: As a general principle, physical contact with a non-maḥram is impermissible, regardless of whether it involves sexual desire or not. 5 Beyond these fundamental rules, upon which there is general agreement, the prohibi- tion or permissibility of a given interaction is determined by assessing various contextual factors; the multiplicity of the secondary factors determines the particular ruling. For example, Ibn Ḥibbān narrates the hadith of the Prophet g: “Women should not take the middle of the path.” Ibn Ḥibbān explains the hadith: ‫ إذ وســط الطريــق‬،‫امليش‬ ‫ـاَل يف‬ َ َ َ ُ ‫ي‬ ‫ وهــو ُمَماســة النسـ ِـاِء الرجـ ي‬،‫يشِء ُمضَمــر فيــه‬ ‫لفظــه إخبــار ُمرادهــا الزجــر عــن ي‬.‫ـوابن حــذر ُمــا تتيوقــع ُمــن ُمَماســتهم إياهــن‬ ‫ت‬ ‫ والواجــب عىل النســاِء أن تيخللــن باجلـ ب‬،‫ـابل عىل الرجــاَل ســلوكه‬ ‫الغـ ب‬ The wording is declarative, but it conveys a reprimand of something implied, namely women touching [mumāssa] men while walking, as the middle of the path is usually dominated by men. So it is necessary for women to occupy the sides [of the path] to safeguard against the possibility of [the men] touching [the women].6 org/answers/halal-and-haram/what-is-the-shafii-position-on-women-covering-their-faces/. 3 On this point, see the recent study by Aḥmad Sālim and ʿAmr Basyūnī, al-Taḥayyuz wa-ḍararuhu ʿalā al-fiqh al-islāmī (Dār al-ʿAṣriyya), 146–47. 4 Jāmiʿ al-Tirmidhī, no. 2165; Musnad Aḥmad, no. 114. Imam al-Tirmidhī grades the hadith as ḥasan ṣaḥīḥ gharīb. 5 Certain exceptions are made in this regard, such as touching the hands of an undesirous elderly woman (al-ʿajūz allatī lā tashtahī). See, for instance, al-Marghīnānī, al-Hidāya (Dār Iḥyāʾ al-Turāth al-ʿArabī), 4:368. 6 Ibn Ḥibbān, al-Taqāsīm wa-l-anwāʿ, no. 5601.  The Definition of Ikhtilāṭ Here, Ibn Ḥibbān makes it clear that the reason for women to walk on the side of the path is to prevent them from accidentally touching men. He connects this hadith to the prohibition of touching non-maḥram individuals. As for men and women being in close proximity to one another, there is no precise physical measurement to determine what is too close, since factors such as the width of the pathway and the number of people present are not mentioned in the hadith. However, if the proximity is such that it directly causes touching, then that would be prohibited. In another hadith, the Prophet g prevented men from loitering by the road because of the potential of fitna: َ َ َ ْ ُ َ َ َ َ َ َ َْ َ َ َ َ ُ ُ َ َ َ َ ُ َ َ‫ُ ُ ُ ً َ ْ َ َ ت‬ ِ ِ ‫عْيَلــه وســلم فَقــاَم ع ْيَلَنــا فَقــاَل ”ُمــا لُكــم ِولَمَجـ‬ ‫ـاِسِل‬ ‫اِهَّلل صىل هللا‬ ِ ‫كَنــا قُعــودا ِِباَأل ف َِنيـ ِـة تيَحــَّدُث فَجــاِء رســوَل‬ َ َ ‫ َقـ‬.‫َ َ ْ َ َ تَ َ َ ُ َ َ تَ ََحـ ـَّد ُُث‬ ‫ـاَل ” ِإ ُمــا َال‬ ‫ـاٍس قُعَّدَنــا تيذاَكــر وتي‬ َ َ ْ َ َ ْ َ َ َ َ ْ ُ َ َ ُ ُ َ ََ ُ َ ْ َ ُ ُ ٍ ‫اِت” فــَقْيَلا ِإَمَّنــا قُعَّدَنــا ِلــغ ِِرْي ُمــا ِبـ‬ ِ ‫اِت اجت ِنُبــوا بَجَمـ ِـاِسِل الُّصُعــَّد‬ ِ ‫الُّصُعــَّد‬ َ َْ َ َ ُ َ َ َ َْ ُ َ َ َ ُ َ َ.”‫اَّسلَال َِم َو ُُح ْسـ ُـن الَكَال َِم‬ ‫ِرَص ورد‬ ِ ‫فــَأدوا ُحَقهــا َغــُّض باَبْل‬ We were sitting in front of the houses and talking amongst ourselves, when Allah’s Messenger g came along. He stood by us and said: “What is with you and you gathering near the pathways? Avoid meeting on the paths.” We said: “We were not sitting here for anything inappropriate; we are sitting to discuss and converse amongst ourselves.” Thereupon he said: “If you must [gather near these paths], then give the paths their rights: lowering the gaze, exchanging greetings, and good conversation.”7 Men sitting on the pathways had the potential of encountering women passing by, so the Prophet g discouraged them from doing so. The companions explained they were sitting to engage in discussion, something inherently permissible. The Prophet g could have instructed them to find other places, but he understood that it might be difficult for them. Therefore, the responsibility was placed on the men to abstain from anything prohibited and to enjoin good behavior.8 The Definition of Ikhtilāṭ In the absence of a scripturally ordained definition, the term ikhtilāṭ has been defined variously by contemporary scholars. The following is one proposed definition: …the prohibition of unnecessary mixing (mukhālaṭah, ikhtilāṭ, imtizāj, ijtimāʾ) between non-elderly men and women, something upheld by the vast majority of the classical jurists. Mixing refers to there being no segregation between men and 7 Ṣaḥīḥ Muslim, no. 2161. 8 There may be places where ʿulamāʾ discourage men from gathering, such as in the vicinity of a girls’ school. People’s broad rights to gather in public places will need to be weighed against the potential harms of doing so, and this will likely produce varied stances from ʿulamāʾ based on their ijtihād. Guidelines For Gender Interaction In Islam women. That is, men and women are together in the same place and do not have their own areas or seating places.9 Several clauses in this definition introduce vagueness. The definition states that “unnecessary” mixing is prohibited, but what is meant by “necessary” mixing, which could be assumed to be permitted by this definition? Additionally, what Arabic technical term is the equivalent of the term “necessary” here? Furthermore, the definition does not oblige a physical barrier, and therefore the mere separation of the genders such that they have their own seating place will not be deemed “ikhtilāṭ” per this definition. Those using such a definition to state that a man teaching or lecturing adult females without a barrier are engaged in “ikhtilāṭ” and therefore openly committing sin (fisq) should realize that the above definition does not apply to that scenario. It is of utmost importance for our legal determinations to be congruent to the definitions and prin- ciples we have determined as the legal underpinnings so that we remain consistent in our application of fiqh. This definition has included within it a caveat of “necessity” when such gender interactions may be allowed. Some adherents to this definition will equate the word “necessary” with the fiqhī term “ḍarūra.” Based on this, the prohibition of unnecessary mixing implies that gender interaction would only be allowed in extreme and dire circumstances, such that if there was a way of communicating the message without the need for direct interaction, then interacting in that case would be prohibited. Some evidence cited to this effect includes the hadith of ʿĀʾisha i in which she narrated the incident of the slander (ifk): I headed towards my position where I was, and I assumed that they would find me missing and come back for me. While I was sitting at my place, my eyes overcame me and I slept. Ṣafwān ibn al-Muʿaṭṭal al-Sulamī al-Dhakwānī was behind the army, and he proceeded in the morning to where I was resting and saw the shape of a person sleeping. He recognized me when he saw me, as he had seen me before hijab. I woke up when he said “innā li-llāhi wa-innā ilayhi rājiʿūn” upon recognizing me, so I covered my face with my jilbāb. By Allah he did not say to me a word and nor did I hear from him anything besides “innā li-llāhi wa-innā ilayhi rājiʿūn... ”10 In this incident, ʿĀʾisha i states that before the ruling of hijab was revealed,11 Ṣafwān ibn Muʿaṭṭal h had seen her, suggesting that after the hijab was prescribed, he no longer 9 See Addendum 3 in Hijab: A Comprehensive Introduction (as-Subah), 172. Some have built on this defi- nition by adding “men gazing upon” and “teaching and lecturing adult females without a barrier or screen,” and consequently have passed the judgment that “those openly engaging in such activities are considered fussāq (unashamed and overt sinners) and are subject to specific legal rulings.” See https://ahlussunnah.boards.net/thread/1074/joint-statement-muslim-scholars-mixing. 10 Ṣaḥīḥ al-Bukhārī, no. 4750. 11 This is in reference to the verse of hijab that established the obligation for women to cover themselves (more details on this will follow).  The Definition of Ikhtilāṭ saw her. Does this hadith imply that it is now prohibited for a man to see and even rec- ognize a woman? How does this interpretation align with other hadith, and what was the nature of gender interactions post-hijab? A comprehensive reading of narrations that describe interactions between men and women reveals that, post-hijab, the rules of gender interaction and physical covering became more stringent. This meant that interactions between the genders were limited, and that a man might not see certain women anymore, if they decided to cover their faces or limit their outings. However, this does not mean that all face-to-face interactions were prohibited, as clarified by the following hadith: َ َ ُ َ ُ َ َ َ َ ُ ِ ِ ْ َ َُ َ َ َ َ ْ َ ُ ْ َ ََْ ََ ُ َ َ َ َ ْ ً ََ َ َ ‫َيِه ْْحَتتــه ََي ْو َُم ِِئـ ٍـذ ف َرآهـ ْـم فُكـ ِـرََه‬‫ـِت عَمْيـ ٍـٍس فَّدَخــَل أ ـ َـو ِبُكـ ٍـر الُّصَّدَيــق و ِ ي‬ِ ‫أن َنفــرا ُِمــن ِ ييِن ه ِاِشـ ٍـم دَخلــوا عىل أَمْســاِء ِ نـ‬ ُ ُ َ َ َ َ ًْ َ َ َ ْ َ َ َ َ ُ َ َ َ َ َ ََ َ َ ‫عْيَلــه‬ ‫اِهَّلل صىل هللا‬ ِ ‫ فَقــاَل رســوَل‬.‫عْيَلــه وســلم وقــاَل لــم أر ِإ َال َخ ِرْيا‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ذِلــَك فذَكــر ذِلــَك ِلرسـ‬ َ ُ ْ َ َ ََ َْ ْ ََ ُ ُ َ َ َ َ ُ َ َ ْ ََ َ ْ َ َ َ ‫ـاَل ”َال َيَّدَخلـ َـن‬ ‫عْيَلــه وســلم عىل ال َِمــَن ِِرْي فَقـ‬ ‫اِهَّلل صىل هللا‬ ِ ‫” َّمُث قــاَم رســوَل‬.‫وســلم ” ِإن اِهَّلل قــَّد رأهــا ُِمــن ذِلــَك‬ َ ْ َ ٌ ُ َ ُ َ َ َ َ َ ُ ََ َ َ ْ َ َ َْ ٌ ُ َ ”.‫ـان‬ِ ‫رجــَل ِبُعــَّد َيــو ِ ييِم هــذا عىل ُم ِغيبـ ٍـة ِإ َال وُمُعــه رجــَل أ ِو اتيـ‬ A group of people from Banū Hāshim entered the house of Asmāʾ bint ʿUmays and then Abū Bakr entered and she was his wife at that time. He saw them and disapproved of it, and he mentioned it to Allah’s Messenger g and said: “I only saw good [in my wife].” Thereupon, Allah’s Messenger g said: “Indeed Allah has made her immune from all this.” Then Allah’s Messenger g stood on the pulpit and said: “After this day no man should enter upon a woman whose husband is absent, except when he is accompanied by one or two men.” 12 Some scholars, such as Ibn al-Mulaqqin (d. 804 AH) citing Ibn al-ʿArabī (d. 543 AH), suggest that this was abrogated by the verse of hijab. However, Asmāʾ bint ʿUmays i married Abū Bakr h after her husband Jaʿfar ibn Abī Ṭālib h passed away in the eighth year AH and the hijab was mandated before the sixth year AH.13 Consequently, the claim of abrogation appears untenable.14 The nonabrogation of the hadith has been explicitly affirmed by Muftī Taqī Usmānī.15 This hadith establishes the rule that a man can only visit a non-maḥram woman whose husband is not present if he is accompanied by another man or by multiple men. The reason for this is that being alone with a non-maḥram woman (known as khalwa) is haram. However, the presence of another person removes the potential for any inappropriate actions and eliminates potential suspicion. The classical commentators express this same meaning. Qāḍī ʿIyāḍ (d. 544) states: 12 Ṣaḥīḥ Muslim, no. 2173. 13 Ibn al-Mulaqqin, al-Tawḍīḥ (Dār al-Nawādir), 25:128. 14 Muftī Shafīʿ Usmānī, Ḥijāb: A Comprehensive Introduction (as-Subah), trans. Muftī Zameelur Rahman, 29–36. 15 Muftī Taqī Usmānī, Fatḥ al-mulhim (Dār al-Qalam), 4:161. Guidelines For Gender Interaction In Islam ‫ فــإذا كاَنــوا جَماعــة ارتفُعــِت تاَبْلهَمــة وُمــا وقع‬،‫اجللــو ُمُعهــا‬ ‫هــذا ئَبْلَال ْحَتُّصــَل‬ ‫ِباَبْلفٍس وهذا ييف ذلَك الزُمان وصَالح‬ ‫ فَأُمــا ييف اَأل زُمَنــة الفاســَّدة فَال بْحَتــب أن ْحَتلــو ِباملـرأة َال‬،‫غِرْيَه‬ ‫الُعاُمــة واجلاصــة واستتــار ُمــن عســاَه يلــم ِبَأُمــر عــن‬ ‫ وُمــن يُعــرف أَنــه‬،‫ـثِرْية أو يكــون فيهــا قــوَم صاجلــون‬ ‫ إَال أن يكــون باجلَماعــة الُكـ‬،‫واحــَّد وَال أ َكِرْي جلَقــوق املظَنــة ِب ـهــم‬ ‫َال تتيواطــَأ عىل رتيــة‬.‫فِرْيوَل املظَنــة ْحَتضــورَه‬ ‫ب‬ This is in order that he not be alone with her. If they are a group, then any suspicion or doubtful feelings are alleviated. This was in that time when the general public and the elite were upright and those who might fall into some deed were concealed. However, in corrupt times, it is not sufficient to be alone with a woman even if more than one person is present because the domain of application [maẓinna, of the original ruling: presence of suspicions and doubtful feelings] continues to be present [in this circumstance despite the explicit condition being met], except if it is a large group or there are among them pious people or someone who is known that he would not go along with something suspicious. Such a person’s presence would eliminate this domain of application.16 Imam al-Nawawī affirms Qāḍī ʿIyāḍ’s position, which bases the ruling on the circum- stances at hand. The presence of either a large group or pious individuals will make such a gathering permissible. In other words, as long as khalwa is absent, an interaction has the potential to be permissible depending on various factors; therefore, a blanket ruling of permissibility or prohibition cannot be issued. Furthermore, the above hadith per- tains to a woman whose husband is absent and who is alone at home. Al-ʿIraqī cites the position of al-Nawawī and then comments, “If he enters when the husband is present, then this is allowed.”17 It is noteworthy that many of the commentators state that the hadith would be applied without qualifications at the time of the Prophet g but not in later eras. However, these commentators do not extend the qualifications to the point of it becoming a blanket prohibition; rather, they modified the specifics of the application to meet the underlying meaning (ʿilla/maʿnā) that was intended in the original application by the Prophet g. In our time, more caution is required, but if certain precautions are taken to mitigate the potential for fitna, then those scenarios will be allowed, e.g., the gathering is large, pious people are present, etc. These factors help garner permissibility when the woman’s husband is absent. If the husband is present, then the rules are further relaxed. 16 Qāḍī ʿIyāḍ, Ikmāl al-muʿlim (Dār al-Wafāʾ), 7:61–62. Elsewhere, Qāḍī ʿIyāḍ states that it was common in Arab culture for men and women to converse, which was then abrogated by the verses of hijab. We should understand his comments in reference to casual chitchat, since purposeful conversations continued to take place between non-maḥrams, as demonstrated by the numerous hadith mentioned in this paper. Furthermore, Qāḍī ʿIyāḍ’s commentary was provided in the broader discussion of men entering women’s private quarters and the general prohibition of seclusion (khalwa), which may offer additional context to his generalized comments. See Ikmāl al-muʿlim, 4:277. 17 Al-ʿIrāqī, Ṭarḥ al-tathrīb (Dār Iḥyāʾ al-Turāth al-ʿArabī), 7:40.  The Definition of Ikhtilāṭ None of these factors are unconditional rules, as one would have to assess the nature and purpose of the gathering and the religiosity of the attendees. In contrast with the impression given by those who cite the story of ʿĀʾisha i to suggest that women cannot be seen and that they were seen only before the obligation of hijab, the hadith of Asmāʾ i portrays a more nuanced approach. We will see later that the hijab of the wives of the Prophet g was stricter; therefore, the hadith of ʿĀʾisha i can easily be understood and accommodated without it conflicting with the hadith of Asmāʾ i. One may argue that if such a mixed gathering were to take place, the woman must be behind a barrier or at least have her face covered, according to the practice of ‘Ā’isha i. Though this was undoubtedly practiced by some, the important question for us is whether the Prophet g stated this as a condition for permissible interactions or not? The simple answer is that he did not, consistent with the position of the majority of the ʿulamāʾ that the face and hands are not ʿawra and, therefore, can be exposed. In Kitāb al-Aṣl, Imam Muḥammad ibn al-Ḥasan al-Shaybānī (d. 189 AH) states: ‫يشِء‬ ‫بيغ هل أن تيـظــر إىل ي‬ ‫وتيَنهــا وَال ُحرُمــة ُمَمــن ْحَتــَل هل َنكاُحهــا فلْيــٍس تي ي‬ ‫اليِن َال َنكاح تيَنــه‬ ‫وأُمــا امل ـرأة اجلــرة ي‬ ً.‫غِرْي ذلــَك ُمَنهــا‬ ‫يشِء‬ ‫ وَال تيـ َظــر إىل ي‬.‫ وَال ِبــَأٍس ِبــَأن تيـظــر إىل وجههــا وإىل كفهــا‬.‫ُمَنهــا ُمكشــوفا إَال الوجــه والُكــف‬ ‫وج ُهـ َـن‬ َ ‫ـَل ل ْل َُم ْْؤُم ََنــاِت َي ْغ ُض ْضـ َـن ُمـ ْـن أ ِْب َُّصارهـ َـن َو َ ْْحَت َف ْظـ َـن ُف ُر‬ ْ َُ ِِ ِ ِ ِ ِ ‫ {وقـ‬:‫ وقــاَل هللا بتيــارك وتُعــاىل‬.‫أيب ُحَنيفــة‬ ‫وهــذا قــوَل ي‬ ،‫زتيــة الوجــه‬ ‫ والُكَحــَل‬.‫َوََال ُ ْتيَّدَيـ َـن ز تيتهــن إ َال ُمــا ظهـ َـر ُِمَنهــا} فــفرس املــفرسون أن ُمــا ظهــر ُمَنهــا الُكَحــَل واجلاَّمُث‬ َ ْ َ َ َ َ َ ُ َ َ ِ ِ ِ‫ب‬ ‫ وَال ِبــَأٍس ِبــَأن تيـظــر إىل وجههــا وكفهــا إَال أن يكــون إَمَّنــا تيـظــر‬.‫ـتني‬ ‫الزتيـ‬ ‫ـاتني‬ ‫ فرخــص ييف هـ‬،‫واجلاَّمُث زتيــة الُكــف‬.‫بيغ هل أن تيـظــر إَبْلــه‬ ‫ فــإن كان ذلــَك فلْيــٍس تي ي‬.‫إىل ذلــَك اِشــتهاِء ُمَنــه لهــا‬ As for the free woman who has no marriage ties with him and it is not prohibited for him to marry her, then it is not appropriate for him to look at any part of her uncovered except for her face and hands. It is permissible for him to look at her face and hands but not at any other part. This is the opinion of Abū Ḥanīfa. Allah, the Exalted, says: And tell the believing women to lower their gaze and guard their private parts, and not to display their adornment except that which [ordinarily] appears thereof (Qur’an 24:31). The commentators have interpreted “that which [ordinarily] appears thereof” as kohl and a ring. Kohl is an adornment for the face, and the ring is an adornment for the hand, so these two adornments are permissi- ble. It is permissible to look at her face and hands unless he looks with lust. If that is the case, then it is not appropriate for him to look at her.18 The discussion on niqāb (face veil) is a secondary topic in this paper and therefore will not be elaborated upon in detail. The point here is not to argue against the obligation of 18 Al-Shaybānī, al-Aṣl, 2:235–36. For a detailed take on the differences of opinion and evidence of the ʿulamāʾ on men and women looking at each other, see Ibn Qaṭṭān al-Fāsī, Iḥkām al-naẓar fī aḥkām al-naẓar (Dār al-Qalam). Ibn Qaṭṭān states his preference (p. 209), which is similar to the view of Imam Abū Ḥanīfa cited above. Guidelines For Gender Interaction In Islam face covering (as later Ḥanafīs have argued for its obligation on the grounds of fitna).19 Rather, the purpose is to demonstrate that Imam Abū Ḥanīfa and his students inter- preted the Qur’anic verse as allowing a woman to uncover her hands and face in front of non-maḥrams. It is incumbent on the man to lower his gaze if he experiences desire; otherwise, he may look at her.20 The text goes on to state a similar ruling for a woman looking at a man. Therefore, while it may be possible that a complete barrier or face covering may have been present in some of the hadith under discussion, the assumption that this must necessarily be the case is not consistent with the understanding of the relevant texts of the Qur’an and Sunna held by Imam Abū Ḥanīfa and his students. The issue of face covering becoming an obligation later is irrelevant to our present discussion. It is important to note that many hadith can be cited to show interactions between male and female companions. If there is no mention of face covering or a barrier in these instances, one cannot simply assume that they were present by default, as demonstrated by the quote above. For example: ‫اج ِريـ َـن‬ َ ُ َ ْ َ َ َ َ َ ْ ‫ـاَل َِب َل َغ ََنــا َ َْجَم َر ُُج َاَبْل ّيِن صىل هللا عْيَلــه وســلم َو َ ْْحَتـ ُـن ِب‬ َ ‫رىض هللا عَنــه ـ َقـ‬ ‫ـويش ـ‬ َ ‫َعـ ْـن َأيب ُُمـ‬ ِ ‫ فَخرجَنــا ُمه‬،‫اَبْلَمـ ِـن‬ ِ ‫ِ ي‬ ‫ِ ي‬ َ ْ َ َ َ َ َ َ َ َ ٌ ْ َ َ ْ ُ َُ ُ َ َ َ َ ْ ُ َُ َ ُ ُ َ َ ْ ُ ُ َ ْ َ ََ َ َ َ َ ََ َْ ‫ واآلخر أ و ره ٍم ـ ِإُما قاَل ِِبضع ِوإُما قاَل ـ ِ ييف َثَال َث ٍة وخَم ِس ني‬،‫ أحَّدهَما أ و ردة‬،‫ وأخو ِان ِ يىل أَنا أصغرهم‬،‫ِإ َبْل ِه أَنا‬ َ ْ َ ْ َ َ َ َ ْ ّ َ َ َ َ ُ َ َ َ ْ َ ْ َ َ ً َ َ َ ْ َ َ ْ َ ْ ً ُ َ َ ‫ني َو َخ َْمــس‬ ْ ‫اتي‬َ ْ َ ‫ ف َوافَقَنــا َجُعفـ َـر ْ ـ َـن‬،‫اجل ََبشـ ِـة‬ ‫ـايش ِِب‬ ‫ي‬ ِ ‫ فَألَقتَنــا سـ ِـفينتَنا ِإىل اَبْلَجـ‬،‫ فرَِكُبَنــا سـ ِـفيَنة‬،‫ني رجَال ُِمــن قــو ِ ييِم‬ ِ ِ ‫أ ِو‬ َ ُ َ َ َ َ َ ْ َ َ ْ َ َ ً َ َ ُ َ َ َ َ َ َ ‫ـاٍس‬ ٌ ‫ َوَكان أَنـ‬،‫ني افتتـ َـَح خـ ْـي َ َِرْي‬ َ َ َ َ ْ َ ََ ْ ‫عْيَلــه وســلم ِح‬ ‫ فوافَقَنــا اَبْل ِ ييِن صىل هللا‬،‫ـابل فَأقَمَنــا ُمُعــه ُحيِن ق َِّدُمَنــا ج َِميُعــا‬ ‫أ ِ ييب طـ ِ ٍب‬ َ َ ْ ‫ َو‬،‫ـِت ُع ََم ْْيــٍس‬ ُ ْ ُ َ ْ َ ْ َ َ َ َ َ ْ ْ ْ ُ َ ْ َ َ َ َ َْ ْ ََ َ ُ ُ َ ‫َيِه ُِم َمـ ْـن قـ ِـَّد ََم‬ ٍ ‫ ودَخْتَل أَمْســاِء ِ نـ‬،‫ُِمـ َـن اَبْل ِاٍس َيَقولــون َبْلا ـ َيــُع ِ ييِن َألهـ ِـَل اَّسل ِفيَنـ ِـة ـ سبَقَناَكــم ِِبال ِهْجـ ِـرة‬ ،‫اجـ َـر‬ َ ‫يَمـ ْـن َه‬ َ ‫ـايش ف‬ ّ َ َ َ ْ َ َ ْ َ َ ْ َ َ ً َ ّ َ ْ َ َ َ ْ َ ََ َََ ِ ‫ وقــَّد كابن هاجـ َـرِت ِإىل اَبْلَجـ ِ ي‬،‫عْيَلــه وســلم زا ِِئـ َـرة‬ ‫ عىل ُحفُّصــة زو ُِج اَبْل ِ ييِن صىل هللا‬،‫ُمُعَنــا‬ َ ‫ َق‬.‫ـِت ُع ََم ْْيــٍس‬ ُ ْ ُ َ ْ َ ْ َ َ َ ْ َ َ َ ْ َ َ َ َ ُ َ ُ َ َ َ َ َ ْ ُ َ ْ َ َ َ َ ْ َ َ َ ُ َ ُ َ َ َ َ ‫اَل‬ ٍ ‫ فَقــاَل عَمــر ِح ني رأى أَمْســاِء ُمــن هـ ِـذ َِه قــابل أَمْســاِء ِ نـ‬،‫فَّدَخــَل عَمــر عىل ُحفُّصــة وأَمْســاِء ِعَنَّدهــا‬ ُ َ ُ َ َ ُ ْ َ َ َ ْ ْ ْ ُ َ ْ َ َ َ َ ْ َ َ ُ َ ْ َ ْ َ َ َ ُ ْ َ ْ َ ُ َ َْ ُ َ ُ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ فَنْحن أُحق ِ رسـ‬،‫ قــاَل سبَقَناَكــم ِِبال ِهْجـ ِـرة‬.‫عَمــر اجلَب ِشيــة هـ ِـذ َِه باَبْلْح ِريــة هـ ِـذ َِه قــابل أَمْســاِء َنُعــم‬ ُ ْ ُ َ َ َ ْ ُ ْ ُ ‫َال َو‬ َ َ ْ َ َ َ ْ َ َ َ ْ ُ ْ ،‫عْيَلــه وســلم ُيط ُِعـ ُـم َجا ِِئ َُعُكـ ْـم‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ كــَنْمُت ُمــع رسـ‬،‫اِهَّلل‬ ِ ‫ فغ ِضَبــِت وقــابل ك‬.‫عْيَلــه وســلم ُِمَنُكــم‬ ُ َ َ َ َ َ َ َ َ ْ َ َ ُ ْ َ َ ُ ْ ْ َ َْ َ ُ َ ْ ُ َ َ ُ َ َ ‫عْيَلــه‬ ‫ـوهل صىل هللا‬ ِ ِ ‫اِهَّلل و ِ ييف رسـ‬ ِ ‫ وذِلــَك ِ ييف‬،‫ وَكَنــا ِ ييف د ِار أو ِ ييف أر ِِض باَبْلُعــَّد ِاِء باَبْلغضـ ِـاِء ِِباجلَبشـ ِـة‬،‫وي ُِعــُظ ج ِاهلُكــم‬ ُ‫اِهَّلل صىل هللا عْيَلــه وســلم َو َ ْْحَتــن‬ ُ َ َ ْ ُ َ َ ُ ْ َ َ ً َ َ ُ َ ْ َ َ َ ً َ َ ُ َ ْ َ َ ‫اَّمُث‬ ُْ َ ِ ‫ـوَل‬ ِ ‫ وَال أَرَشُب َرَشاِبــا ُحيِن أذَكــر ُمــا قْتَل ِلرسـ‬،‫ َال أطُعــم طُعاُمــا‬،‫اِهَّلل‬ ِ ‫وســلم و‬ َ ُ ََ ُ ََ ْ ََ َ ُُ ََْ َ َ.‫اِهَّلل َال أ َكـ ِـذ ُُب َوَال أ ِزَيــُغ َوَال أ ِزيــَّد َع ْْيَلـ ِـه‬ ّ َ َ َ ُ ْ َ َ ُ َ ُ َ َ ْ ُ ُ ِ ‫ و‬،‫عْيَلــه وســلم وأســَأهل‬ ‫ وســَأذَك ُر ذِلــَك ِلْيَل ِ ييِن صىل هللا‬،‫كَنــا َنــْؤذى وْحَتــاف‬ Abū Mūsā relates: The news of the migration of the Prophet (from Mecca to Medina) reached us while we were in Yemen. So I and two of my brothers set out as immigrants toward him. I was the youngest of them, and the other two were Abū Burda and Abū Ruhm. Our total number was either fifty-three or fifty-two men from my people. We boarded a ship and that ship cast us to the Negus in Abyssinia. 19 This will fall under sadd al-dharāʾīʿ (preclusion), a principle that we will discuss later. 20 The discussion on niqāb (face veil) is a secondary topic in this paper and therefore not been elaborated upon in detail. Nonetheless, this issue will be touched upon later in the paper. For a comprehensive analysis of the Islamic ruling on wearing a niqāb, see Aḥmad Sālim and ʿAmr Basyūnī, al-Taḥayyuz wa-ḍararuhu ʿalā al-fiqh al-islāmī.”  The Definition of Ikhtilāṭ There we met Jaʿfar ibn Abī Ṭālib and stayed with him, until we all came together [to Medina] and met the Prophet g at the time of the conquest of Khaybar. Some of the people used to say to us, the people of the ship, “We have preceded you in emigration.” Asmāʾ bint ʿUmays, who was one of those who had come with us, came as a visitor to Ḥafṣa, the wife the Prophet g. She had migrated along with those other Muslims who migrated to the Negus. ʿUmar came to Ḥafṣa while Asmāʾ bint ʿUmays was with her. ʿUmar, on seeing Asmāʾ said, “Who is this?” She said, “Asmāʾ bint ʿUmays,” ʿUmar said, “Is she the Abyssinian lady? Is she the sea-faring lady?” Asmāʾ replied, “Yes.” ʿUmar said, “We have preceded you [people of the boat] in immigration, so we have more right than you over Allah’s Messenger g” At this, Asmāʾ became angry and responded, “No, by Allah, while you were with Allah’s Messenger g who was feeding the hungry among you and instructing the ignorant among you, we were in the far-off hated land of Ethiopia, and all that was for the sake of Allah’s Messenger g. By Allah, I will neither eat anything nor drink anything until I inform Allah’s Messenger g of all that you have said. We were suffering harm and fear. I will mention this to the Prophet g without lying, distortion, or addition.”21 We can glean several points from this hadith to establish guidelines for gender interaction: 1. This incident took place in the year of Khaybar, after the revelation of the verse of hijab. 2. ʿUmar h entered to see his daughter Ḥafṣa i and noticed another woman was present. He inquired about her identity and then conversed with her. There is no evidence in this hadith that she was covering her face or that there was a barrier. In the absence of any clear evidence, one could assume her face was either uncov- ered or covered. If someone objects that ʿUmar h had to inquire who this woman was, implying her face must have been covered, two points should be noted: (1) This does not prove the obligation of her face being covered in such a situation (according to the understanding of early imams like Imam Abū Ḥanīfa), and (2) It is likely that ʿUmar h did not recognize her as she had been in Abyssinia for many years. Assuming that ʿUmar h had seen her before she migrated (for which there is no evidence), it is likely he did not recognize her. 3. Asmāʾ bint ʿUmays was not an elderly woman; she married Abū Bakr h after this and later ʿAlī ibn Abī Ṭālib h. 4. The conversation was purposeful. 5. The meeting was not strictly necessary, as ‘Umar h could have easily left and con- veyed his points to Asmāʾ i through someone else. However, there was nothing 21 Ṣaḥīḥ al-Bukhārī, no. 4230. Guidelines For Gender Interaction In Islam inappropriate about the gathering, and those present did not deem the interaction to be inappropriate. By analyzing numerous hadith, we can observe how, in some cases, the ṣaḥāba were cautious and strict, while in other circumstances, the rules were more relaxed. However, the parameters laid down by the Qur’an and Sunna were never cast aside (such as the prohibitions on khalwa and the mandates of hijab). Therefore, unrestricted assertion to the contrary—such as the claim that “teaching and lecturing adult females without a barrier or screen” makes someone a fāsiq (open sinner)—is not justified. Additionally, and perhaps more importantly, what this hadith seems to suggest as a modification to the previously mentioned definition of ikhtilāṭ is changing the exception from “unnec- essary” to “purposeless.” If we prohibit all “unnecessary” interactions (i.e., those that are not a ḍarūra), many of the companions’ actions and the early scholars statements will fall into the prohibited “ikhtilāṭ.” By shifting it to “purposeless,” we are able to adequately understand all of the narrations together using the same framework. Chronology of Hadith in Relation to Hijab While recognizing the existence of gender interactions among the companions post-hijab, one must be careful when reading some of the incidents from the life of the Prophet g. It is important to note that some incidents are clearly mentioned to have occurred before hijab was obligated and thus cannot be used as a basis for understanding the framework for gender interactions post-hijab. An example is the following: َ َ َ َ ُ ْ ُ َ ُ َ ُ َ َ َ ‫ْتَل َأل ْعل ََمـ َـن ذِلَك‬ ‫ـاُب فَقــاَل عَمــر فــَق‬ َ ْ ‫ـَل َأ ْن َُي ْْؤ َُمـ ْـر َن ِب‬ َ ‫ـَك َق ْبـ‬َ َ َ َُ َ ُ ُ َ َ َ ِ ‫اجلَجـ‬ ِ ِ ‫عْيَلــه وســلم َِسِنــاِءَه وذِلـ‬ ‫اِهَّلل صىل هللا‬ ِ ‫طلــق رســوَل‬ ْ َ َ ْ ُ ْ ُ َ َ َ َ َ َ ُ ْ َ َ َ َ َ َ ْ َ ْ ‫ْتَل َيــا ِ نــِت أ ِ ييب َِبُك ٍر‬ ‫ اَبْلــوَم قــاَل فــَّدَخْتَل عىل ع ِاَسِنــة فــَق‬ Allah’s Messenger g divorced his wives, and that was before they were commanded to don hijab. ʿUmar said: I must investigate this today. So, I went to ʿĀʾisha i and said [to her]: O daughter of Abū Bakr... 22 Because this interaction between ʿUmar h and ʿĀʾisha i took place before the ruling of hijab was revealed, this narration cannot be cited to establish the guidelines of gender interaction after the revelation of hijab. That is why the examples cited above are spe- cifically post-hijab. However, in order to claim that a particular interaction took place pre-hijab, evidence must be provided to date the interaction to that period. As a default, the scholars consider verses of the Qur’an and hadith not abrogated unless proven otherwise.23 This is critical because an incorrect understanding of this principle leads to numerous hadith that describe certain forms of gender interactions being dismissed 22 Ṣaḥīḥ Muslim, no. 1479. 23 See, for instance, Ibn al-Mulaqqin, al-Iʿlām bi-fawāʾid ʿumdat al-aḥkam (Dār al-ʿĀṣima), 1:449. [ 10 ]  Hadith no. 1 as “abrogated” due to a perceived contradiction with the principles of hijab, or these narrations are claimed to have purportedly occurred before the revelation of the hijab verses. The former requires substantiation (for which examples will be provided), and the latter does not automatically imply abrogation, unless there is clear evidence of a contradiction with the principles of hijab. The following are some hadith that clarify these points. Hadith no. 1 َُْ َ َ َ َ َ َ ْ ُ َ ْ َ َ ‫عْيَلــه وســلم ف َب َُعــَث ِإىل ِ ََسِنا ِِئـ ِـه فَقلـ َـن َُمــا َُم َُعَنــا‬ َ َ َ ً ُ َ َ ‫ أيب اَبْل ِ ييِن صىل هللا‬،‫عــن أ ِ ييب ه َريـ َـرة ـ رىض هللا عَنــه ـ أن رجَال‬ َْ ٌ ‫ـاَل َر ُجـ‬ ‫ـَل ُِمـ َـن اَأل َن َُّصـ ِـار‬ َ ‫ َف ََقـ‬.” ‫ـف َهـ َـذا‬ ُ ‫ َأ ْو ُيضيـ‬،‫اِهَّلل صىل هللا عْيَلــه وســلم ” َُمـ ْـن َي ُضـ ُـم‬ ُ ُ َ َ ََ ُ َْ َ ِ ِ ‫ فَقــاَل رســوَل‬.‫ِإ َال الَمــاِء‬ ُ ُ َ َ َْ ْ َ َ َ ُ َ َ ْ َ ْ َ َ ََ ََ ْ َ َ َ َْ َ ََ ‫ـابل َُمــا ِعَنَّدَنــا ِإ َال قــوِت‬ ‫عْيَلــه وســلم فَقـ‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ـر ييِم َضيــف رسـ‬ ِ ِ ‫ فَقــاَل أ َكـ‬،‫ فاَنطلــق ِِبـ ِـه ِإىل اُمرأ ِتـ ِـه‬.‫أَنــا‬ ْ َ َ ْ َ َ َ َ ُ َ َ َ ْ َ َ َ ِ ‫ َوأ ْصب ِيِح‬،‫اَل َه ِي يِن َط َُع َاُم َِك‬ َ ‫ َف ََق‬.‫ص َْب َي ايب‬ ‫ ف َه يَأِت ط َُع َاُم َها َوأ ْص َب َْحِت‬.‫ َوَن ِو ِ ييِم ِصَب َياَن َِك ِإذا أ َرادوا عش ًاِء‬،‫َرَش َاج َِك‬ ‫ي‬ ِ ‫ي‬ ِ ‫ِ ِي‬ ْ َ َ َ َ َ َ ُ ْ َ َ ُ َ َ ُ َ َ َ َ ُ ْ َ َ ْ َ َ َ َ َ ُ ْ ُ َ َ َ ْ َ َ َ ُ َ َ َ ْ ْ َ ََ َ َ َ ،‫ فباتا ط ِاوَي ِني‬،‫ فْجُعَال َي ِريا َِن ِه أَنهَما يَأ َكَال ِن‬،‫ َّمُث قاُمِت كَأَنها تُّص ِلَح َِرَشاجها فَأطفَأته‬،‫ وَنوُمِت ِصَبياَنها‬،‫َِرَشاجها‬ ُ َ ‫ـب ـ ُِمـ ْـن ف َُع ِالُك ََمــا‬َ ‫الْيَل َ ََةَل ـ َأ ْو َعْجـ‬ ْ ‫اِهَّلل‬ ُ َ َ َ ََ ‫ـاَل ” َض َِحــَك‬ ‫عْيَلــه وســلم فَقـ‬ ُ َ َ َ َ َ َ َْ ََ ِ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ غــَّدا ِإىل رسـ‬،‫فلَمــا أصُبــَح‬ َ ْ ْ ُ َ َ َُ َْ ُ َ ٌ َ َ َ ْ َ َ َ ُ َْ َ َ ْ ُ َ ْ َ َ.}‫اصــة َو َُمـ ْـن َُيــوق ِشـ َـَح َنف ِسـ ِـه فَأو ئَِبْلــَك هـ ُـم ال َُمف ِل ُْحــون‬ ‫” فَأَنـ َـزَل اِهَّلل { َو ُيْؤ َِثـ ُـرون َعىل أَنف ِسـ ِـه ْم َولـ ْـوكان ِب ِـ ِهــم خُّص‬ A man came to the Prophet g, so he sent a messenger to his wives [to bring something for that man to eat] but they said that they had nothing except water. Then Allah’s Messenger g said, “Who will take this [person] or entertain him as a guest?” An Anṣārī man said, “I.” So, he took him to his wife and said to her, “Host the guest of Allah’s Messenger g generously.” She said, “We have nothing except the meals of my children.” He said, “Prepare your meal, light your lamp and let your children sleep if they ask for supper.” So she prepared her meal, lit her lamp, and made her children sleep, and then stood up pretending to mend her lamp, but she put it off. Then both of them pretended to eat, but they really went to bed hungry. In the morning the man went to Allah’s Messenger g who said, “Tonight Allah laughed—or was amazed—at what you did.” Then Allah revealed: “And they give them [the immigrants] preference over themselves even while they are in need. And whosoever is saved from covetousness of their own souls are the truly successful.”24 From this hadith, we can deduce the following points: 1. The incident involves a man being hosted by an Anṣārī ṣaḥābī and his wife, who would have been young enough to have small children, which would likely be relatively young considering the norms of that society. 24 Ṣaḥīḥ al-Bukhārī, no. 3798. [ 11 ] Guidelines For Gender Interaction In Islam 2. This hadith aligns with the principles laid down in the Sharia, as the wife was never alone with the non-maḥram guest; her husband was present throughout. This corresponds with the hadith of Asmāʾ i and Abū Bakr h mentioned above. 3. The actions of the ṣaḥābī and his wife were not only appropriate but also exem- plary, earning praise in the Qur’an. 4. The Anṣārī ṣaḥābī’s invitation to the guest was an encouraged, voluntary act, rather than a matter of necessity. Even if there was a need for him to visit due to hunger, there was no need for the host’s wife to be present, as the guest could have eaten either alone or in the company of only the husband. 5. The verse mentioned in this narration was revealed prior to the verse of hijab, situating this incident before the prescription of hijab. Nonetheless, there is no need to consider this form of interaction abrogated unless there is clear evidence of it contradicting the principles of hijab. Hadith no. 2 Imam al-Bukhārī includes the following chapter in his Ṣaḥīḥ: “Chapter on a woman attending to men at a wedding and serving them personally.”25 He then presents the following hadith: َ ُ َ َ ً َ َ َ َ ُ َ ‫ ف ََمــا َصَنـ َـع ل ُهـ ْـم ط َُعاُمــا َوَال ق رَ ــه ِإ َْبْل ِهـ ْـم‬،‫عْيَلــه وســلم َوأ ْص ََحا َِبــه‬ َ َ َ َ ُ َ ْ َ ُ َُ َ َ َ ‫لَمــا عـ ـرٍس أ ــو أسيـ ٍـَّد اَّسل ِاعـ ِـَّدُّي دعــا اَبْل ِ ييِن صىل هللا‬ ُ ُ َ ‫عْيَله وســلم ُِم َن الط َُع ِاَم‬ ُ َ َ َ َ َ ْ ‫اِت يف َت ْور ُِم ْن ُِح ََج َارة ُِم َن‬ َ َ َ ْ َ ْ َ ُ ُ ُ َ ْ َ ‫ فلَما ف َرَغ اَبْل ِ ييِن صىل هللا‬،‫الْيَل َِل‬ ٍ ٍ ‫ ِبْتَل َمَّنر ٍ ِ ي‬،‫ِإ َال اُمرأته أَم أسي ٍَّد‬ َ َ ُ ُ ْ ُ ُ ْ َ َ ُ َ ُ ْ‫َ َ َ ت‬.‫ تتي ِْحفه ِِبذِلَك‬،‫اتيه هل ف َســَقته‬ ‫أُم‬ When Abū Usayd al-Sāʿidī h got married, he invited the Prophet g and his com- panions. None prepared the food for them and brought it to them but his wife, Umm Usayd. She soaked some dates in water in a stone pot overnight, and when the Prophet g had finished his food, she soaked it for him and provided him with that drink [of soaked dates].26 Another version of the hadith is as follows: َ ُ َ ‫َيِه‬ َ ‫ َو ََك‬،‫اِهَّلل صىل هللا عْيَلــه وســلم يف ُع ْرســه‬ َ ْ ‫ابن ْاُم َرأ ُتـ ُـه ََي ْو َُمِئــذ ََخاد َُم ُهـ ْـم َو‬ َ ُ َ ُ َ ْ َ ُ ََ َ َ ِ ٍ ِ ِ ِ ِ ‫ي‬ ِ ِ ‫قــاَل دعــا أ ــو أسيـ ٍـَّد اَّسل ِاعـ ِـَّدُّي رســوَل‬ ََ ْ َ ََْ ْ ‫ـِت َ ُهل َ ََمَّنـ َـراِت ُِمـ َـن‬ َ ُ َ ْ َ َ َ َ ُ ْ َ ٌ ْ َ َ َ ُ َْ ‫ فل َمــا‬،‫الْيَلـ ِـَل‬ ٍ ‫عْيَلــه وســلم أَنَقُعـ‬ ‫اِهَّلل صىل هللا‬ ِ ‫ قــاَل ســهَل تــَّدرون ُمــا ســَقِت رســوَل‬،‫الُعـ ُـروٍس‬ ُ َُْ ََ.‫أ َك ََل َســَقته ِإ يــاَه‬ 25 Anwar Shāh Kashmīrī explains the chapter heading in the following words. “The woman [who is] the wife of the husband herself serves the guests of her husband.” See Fayḍ al-Bārī (Dār al-Kutub al-ʿIlmiyya), 5:547. 26 Ṣaḥīḥ al-Bukhārī, no. 5182. [ 12 ]  Hadith no. 2 Abū Usayd al-Sāʿīdī h invited the Prophetg to his wedding meal, during which his wife, the bride, served them. Sahl (the narrator) said, “Do you know what she served the Prophet g? She had prepared a drink by soaking dates in water over- night, and after the meal, she offered this drink to him.”27 From this incident, we can derive several points: 1. Abū Usayd al-Sāʿidī’s wife personally served food to the men, indicating her role in the hospitality. 2. She was likely young, as noted by her being the bride. 3. Imam al-Bukhārī cites this hadith under a general chapter heading, suggesting the permissibility of such an action. 4. The actions described do not contradict any rules of hijab, nor do they necessarily warrant claims of abrogation. Despite this, some ʿulamāʾ’s comments might be understood to suggest abrogation. Imam al-Nawawī states: ‫وتيُعَّد ُحَمَةَل عىل أَنها‬ ‫كابن ُمستورة‬ ‫الَبرسة‬ ‫هذا َجَمَموَل عىل أَنه كان قبَل اجلَجاُب ب‬ This is interpreted as being in the pre-hijab period as it is far-fetched to interpret it as [taking place] while her body was covered.’28 Imam Shams al-Dīn al-Birmāwī (d. 831 AH) and Imam Badr al-Dīn al-ʿAynī (d. 855 AH) state, “That was before hijab was revealed.”29 Though in another place, al-ʿAynī states: ‫جواز َخَّدُمة املرأة زوجها وُمن يَّدعوَه عَنَّد اَألُمن ُمن الفتَنة‬ [From this hadith we deduce] the permissibility of a wife serving her husband and his guests when there is safety from fitna.30 This implies that the practice is not abrogated, a point also suggested by Imam al-Bukhārī through his chapter heading. Of course, this is not to say that such an inter- action is invariably allowed; certain factors would have to be considered when giving a particular ruling. However, it reinforces the notion that in scenarios where gender interaction is not essential but purposeful, there is scope for permissibility. Looking at both perspectives provided here by the classical commentators, there are two possibilities of what could have happened. One is that the situation was such 27 Ṣaḥīḥ al-Bukhārī, no. 5172; Ṣaḥīḥ Muslim, no. 2006. 28 Sharḥ Ṣaḥīḥ Muslim (Dār Iḥyā’ al-Turāth al-’Arabī), 13:177. 29 Al-Birmāwī, al-Lāmiʿ al-ṣabīḥ (Dār al-Nawādir), 13:276; al-ʿAynī, ʿUmdat al-qārī (Dār Iḥyāʾ al-Turāth al-’Arabī), 20:159. 30 ʿUmdat al-qārī, 12:164–65; see also Fatḥ al-Bārī, 9:251. [ 13 ] Guidelines For Gender Interaction In Islam in which upholding hijab was impossible; thus, the hadith would have to be taken as a pre-hijab incident. The second possibility is that there was no compromise of hijab in the incident and the reason it was allowed (and praised in the Qur’an) was because this interaction had no secondary factors deeming it impermissible, as stated by al-ʿAynī and implied by Imam al-Bukhārī. The statements of al-Nawawī and al-Birmāwī, that doing the actions described in the incident in hijab would be difficult, could be a con- sequence of certain positions they adopted on the details of hijab, which they thought were contravened. Both groups agree with the fundamental points mentioned at the beginning of this paper and depending on their respective understandings of the context, they have provided a requisite explanation. This highlights the point that in matters of gender interaction, the fundamental guidelines are clear, but their implementation and application in a particular context is a matter of ijtihād. Hadith no. 3 َ َََ َْ َ َ َ ََ ُ ْ َ ُ َ َ ْ َ َ َ َ ُ َ ْ َ َ ًَ ْ َ َ ‫يش فَنظـ َـر ِإ َْبْل َهــا‬ ‫ـب لــَك َنـ َـف ِ َ ي‬ ‫اِهَّلل ِجِئــِت َألهـ‬ ِ ‫عْيَلــه وســلم فَقــابل يــا رســوَل‬ ‫اِهَّلل صىل هللا‬ ِ ‫ جــاِءِت رســوَل‬،‫أن اُمـ َـرأة‬ ْ َ ُ ُ ْ َ َ َ ُ ْ َ َ ْ َ ُ ُ َ ََ َ َ ُ ُ َ ‫ فل َمــا َرأ ِِت ال ََمـ ْـرأة أَنــه لـ ْـم َيَقـ ِـُّض‬،‫عْيَلــه وســلم ف َُّص ُعــَّد اَبْلظـ َـر ِإ َْبْل َهــا َو َص َّو َ ــه ََّمُث طَأطــَأ َرأ َســه‬ ‫اِهَّلل صىل هللا‬ ِ ‫رســوَل‬ َ ‫ َف ََقـ‬.‫اجـ ٌـة َف َز ِو ْجَن َيهــا‬ ‫ـاَل‬ َ َ ْ َُ ْ َ ْ َ ُ َ َ َ ََ َ ‫ـَك ِب ـ َهــا َح‬ َ َْ ْ ٌ َُ َ ََ ْ ََ َ ًْ َ َ ِ ِ ‫اِهَّلل ِإن لــم يُكــن لـ‬ ِ ‫ فَقــاَم رجــَل ُِمــن أصَحا ِِبـ ِـه فَقــاَل يــا رســوَل‬،‫ِفيهــا ِشْيِئــا جَسَلــِت‬ ً ْ َ ُ َ ْ َ ُ ْ َ َ ْ َ َ ْ َ ْ َ َ َ ُ َ َ َ َ َ َ َ ‫” َهـ ْـَل ِع َْنـ َـَّد َك ُِمـ ْـن‬ ”. ‫َكِل فاَنظـ ْـر هــَل بِْحَتــَّد ِشْيِئــا‬ ِ ‫ قــاَل ”اذهــب ِإىل أه‬.‫اِهَّلل‬ ِ ‫اِهَّلل يــا رســوَل‬ ِ ‫ فَقــاَل َال و‬.”‫يشِء‬‫ي‬ A woman approached Allah’s Messenger g and said, “O Allah’s Messenger g! I have come to offer myself to you in marriage.” He raised his eyes to look at her and then lowered his head. Observing that he did not make an immediate decision, she sat down. At this point, a man from his companions stood up and said, “O Messen- ger of Allah! If you are not interested in her, then marry her to me.” The Prophet g asked him, “Do you have anything to offer her?” The man replied, “No, by Allah!” The Prophet g then told him, “Go to your family and see if you can find something.”31 From this hadith, we can deduce several points: 1. The woman approached the Prophet g in the presence of his male companions. 2. She offered herself in marriage, and the Prophet g did not condemn her action. 3. Imam al-Bukhārī categorizes this hadith under the topic of evaluating a potential spouse before marriage, suggesting her face and hands were likely uncovered, allowing the Prophet g to make an informed decision. 4. After the woman sits down, another companion, having seen her, inquires if he could marry her. 31 Ṣaḥīḥ al-Bukhārī, no. 5030. [ 14 ]  Separate Sessions for Men and Women 5. There is no indication that the woman’s actions were driven by necessity, as one might consider other methods for her to offer herself in marriage to the Prophet g that would not require her to present herself in front of him and his companions. 6. The rules of hijab were observed as her ʿawra was presumably covered, there was no khalwa, and the interaction was purposeful. The appropriateness of such scenarios depends on cultural norms (ʿurf). If it is not deemed appropriate for a woman to present herself in this manner for marriage in a specific cultural context, such behavior would not be endorsed. In general, various factors should be considered before condemning or endorsing such an action. An unconditional prohibition necessitates a desperate reinterpretation of the hadith or an indirect con- demnation of the Prophetic practice. Although many other examples could be provided, these instances are sufficient to illustrate the main points. Separate Sessions for Men and Women There is no doubt that it is permissible and even encouraged to have separate gather- ings for men and women. However, the evidence cited above demonstrates that gathering in a shared space is permissible with the appropriate purpose and etiquette. Some have cited the following hadith to argue for the obligation of separate gatherings: ً ُ َ َ َ َْ ً ََ ْ ْ َ ُ َ ِ َ َْ َ َ ََ َ ‫ ف َو َعَّدهـ َـن ََي ْوُمــا‬.‫اج َُعــَل َبْلا ََي ْوُمــا ُِمـ ْـن َنف ِســَك‬ ّ َ ُ َ ِ َ ‫َقـ‬ ‫ـابل النســاِء ِلْيَل ِ ييِن صىل هللا‬ ‫ ف‬،‫عْيَلــه وســلم غ بْيَلَنــا ع ْيَلــَك الرجــاَل‬ ِ ُ َ َََ َ ُ َ َ َ َ َ.‫ فوعظهــن وأُمرهــن‬،‫ل َِق َي ُهــن ِفيـ ِـه‬ َ َ Some women requested the Prophet g to fix a day for them as the men were taking all his time. Thus, he promised them one day for religious lessons and commandments.32 The hadith suggests that because men would surround the Prophet g, it was difficult for women to find an opportunity to ask their questions to the Prophet g. In addition, the women would be at the back of the masjid, and during Eid prayers, hearing the Prophet g was difficult, 33 as stated in the following hadith: ُ ُ ََ َ َ َ ِ ُ َ ُ َ َ َ ْ ُ ْ َ ْ َ َ َ ُ َ ََ ُ َ َْ ‫ فَأتاهـ َـن َو َُم َُعــه‬،‫ـاِء‬ ‫ فـ َـرأى أَنــه لـ ْـم َْسِن َِمــع النسـ‬،‫اجلط َبـ ِـة‬ ‫عْيَلــه وســلم لــُّصىل قبــَل‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫أِشــهَّد عىل رسـ‬ ْ َ ِ ُ ُ َ ُ ُ َ َ َ َ َ ْ ُ ُ َ ْ َ ْ َ َ َ َ َ ْ َ َ‫َ ٌ َ َ َ ْ َ َ َ َ ُ َ َ َ َ َ ُ َ َ ْ َ ت‬.‫ـوُب ِإىل أذ َِنـ ِـه َ ِوإىل َحل َِقـ ِـه‬ ‫ وأِشــار أَيـ‬،‫ْتَل الَمــرأة تــل ِ ييِق‬ ِ ‫ فْجــُع‬،‫ وأُمرهــن أن تيُّصَّدقــن‬،‫ـاَرَش َثَّو ِ ـ ِـه فوعظهــن‬ ِ ‫ِِبَال َل َنـ‬ 32 Ṣaḥīḥ al-Bukhārī, no. 101. 33 On this explanation, see ʿAbd al-Ḥamīd ibn Badīs, Majālis al-tadhkīr min ḥadīth al-Bashīr al-Nadhīr (Dār al-Baʿth), 157. [ 15 ] Guidelines For Gender Interaction In Islam I bear witness that the Messenger of Allah g prayed before the sermon. He then saw that the women could not hear him, so he went to them with Bilāl spreading his garment. He admonished them and ordered them to give in charity. The women began to throw [their jewelry], and Ayyūb [the sub-narrator] pointed to his ear and his throat.34 Therefore, this does not necessitate that the gatherings would not be in the same setting. In fact, it could be argued that the women’s request suggests they were present in gatherings where male companions were present, and it was in these gatherings that they struggled to hear the Prophet g and did not get the chance to ask him questions. It should also be noted that the aforementioned definition of ikhtilāṭ does not include stipulation for a segregated gathering in the same physical space, since the prayers performed in the Prophet’s g era would then be described as ikhtilāṭ. Furthermore, it was the women who made this suggestion in the above hadith, not the Prophet g, as it would have been easier for them to ask him questions and listen in a separate gathering with direct access. Moreover, there is evidence to suggest that in these women-only sessions, men were allowed to enter and that women would ask questions despite the presence of men. Consider the following: First Example ً َ َ ُ َْ ْ َ ْ َ َ ُ َ ْ َِ ُ ْ َُ ْ ٌ َ ُ َ ْ َ ‫اَبْلــة‬ ُ ‫ْاسـ َـت َْأ َذ َن ُع ََمـ ُـر َع َىل َر‬ ِ ‫ ع‬،‫ و ِعَنــَّدَه َِسِنــاِء ُِمــن قر ٍٍشْي يَكلَمَنــه و َسِنتُك ِِرْيَنــه‬،‫عْيَلــه وســلم‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ـ‬‫س‬ ُ ُ ََ ُ ُ َ َُ َ َ َ َ َ ْ َ ْ َْ َ َ ْ ُ ُ َ ُ َ ََْ ْ ََ َ ُُ َ ْ َ ‫اِهَّلل‬ ِ ‫ـوَل‬ ‫ـ‬ ‫س‬‫ر‬ ‫و‬ ،‫ـلم‬ ‫ـ‬ ‫س‬ ‫و‬ ‫ـه‬‫ـ‬ ‫عْيَل‬ ‫هللا‬ ‫صىل‬ ‫اِهَّلل‬ ِ ‫ـوَل‬ ‫ـ‬‫س‬‫ر‬ ‫هل‬ ‫ن‬ ‫ذ‬ِ ‫ـَأ‬ ‫ـ‬ ‫ف‬ ،‫ـاُب‬ ‫ـ‬ ‫َج‬ ‫اجل‬ ِ ‫ن‬ ‫ر‬ ‫ـَّد‬ ‫ـ‬ ‫ت‬ ِ ‫ ب‬ ‫تي‬ ‫ـن‬ ‫ـ‬ ‫َم‬ ‫ق‬ ،‫ـر‬ ‫ـ‬ ‫َم‬ ‫ع‬ ‫ فلَمــا اســتَأذن‬،‫أصواتهــن‬ َ َ ُ َ ْ ُ ْ َ َ َ َ ُ َ َ َ ُ َ َ َْ ُ َ ُ َ ََ ُ َ ْ َ ‫ قــاَل ” ع ِْجُبــِت ُِمــن هــْؤَال ِِء الَال ِ ييب‬.‫اِهَّلل‬ ِ ‫ فَقــاَل عَمــر أَضَحــَك اِهَّلل ِســَنَك يــا رســوَل‬،‫عْيَلــه وســلم يضَحــَك‬ ‫صىل هللا‬ َ ْ َ َ ْ َ َ َ َ َ ْ ُ َ ُ َ َ َ ْ َ َ ُ َ ُ َ َ َ َ ْ َ ْ َ َ‫َ َ َ ْ َ َ ْ َ َ ْ ت‬ ْ َ ُ.‫اِهَّلل كَنــِت أُحــق أن يــــه ني‬ ِ ‫ قــاَل عَمــر فــَأبن يــا رســوَل‬.” ‫اجلَجــاُب‬ ِ ‫ فلَمــا َِمْســُعن صوتــَك اتيــَّدرن‬،‫كــن ِعَنـ ِـَّدُّي‬ ُ َ ْ َ ُ َ َ َ ْ َ ْ َ َ َ ْ ُ َ ُ َ َ ْ َ َ َ َ َ ْ َ َ َ َ َُْ ُ َ ْ َ َ َ َ ُ ‫بن أفــُظ َوأغلــُظ‬ ‫ أ‬،‫عْيَلــه وســلم قلــن َنُعــم‬ ‫اِهَّلل صىل هللا‬ ِ ‫ أتهُبــَن ِ ييِن وَال تــه ني رســوَل‬،‫اِت أَنف ِسـ ِـهن‬ ِ ‫َّمُث قــاَل أى عــَّدو‬ َ َ ْ َ َ ُ ُ َ َ َ ُ َ ْ ‫يش ِ َتيـ ِـَّد َِه َُمــا ل َِق َيــَك‬‫اِذَّلُّي َنـ ي‬ ِ ‫ـف‬ ِ ‫عْيَلــه وســلم ” و‬ ‫اِهَّلل صىل هللا‬ ِ ‫ قــاَل رســوَل‬.‫عْيَلــه وســلم‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ُِمــن رسـ‬ َ َ َْ ‫ً َ ـ َ َ َ َ ـ‬ ُ َ ُ َ َ.‫اَّسل ْيطــان قــط َسـ ِـالَكا فَجــا ِإ َال َسَكِل فَجــا غ َِرْي ف َِجــَك‬ Once ʿUmar asked the Prophet g permission to enter, and in his company there were some women of Quraysh who were talking to him and asking for more [finan- cial support], raising their voices. When ʿUmar asked permission to enter, the women got up hurrying to screen themselves. Allah’s Messenger g admitted ʿUmar and was smiling, so ʿUmar asked, “O Allah’s Messenger g! May Allah always keep you happy.” Allah’s Messenger g said, “I am astonished at these women who were with me. As soon as they heard your voice, they hastened to screen themselves.” ʿUmar said, “O Allah’s Apostle! You have more right to be revered by them.” Then 34 Ṣaḥīḥ al-Bukhārī, no. 1449. [ 16 ]  First Example he addressed [those women] saying, “O enemies of your own souls! Do you fear me and not Allah’s Messenger g?” They replied. “Yes, for you are a sterner, harsher man as compared with Allah’s Messenger g.” On that Allah’s Messenger g said [to ʿUmar], “By Him in Whose Hands my life is, whenever Shayṭān sees you taking a path, he follows a path other than yours.”35 There is some disagreement on the identity of these women. Ibn Ḥajar suggests that these were the wives of the Prophet g, though he is not certain. Ibn Hubayra (d. 560 AH) states the following: ،‫ـُعني طْتَل الُعلــم عىل النســاِء‬ ‫ويف هــذا اجلـ‬ ‫ تـ‬:‫ـَّدبن ُمــن الفَقــه أيضــا‬ ‫ُحيِن إذا لــم يكــن ييف أزواجهــن ُمــن الُعلــم ُمــا‬ ‫ب‬ ‫ي‬ ‫ صىل‬- ‫ـوايب كــن عَنــَّد اَبْل ييِن‬ ‫ـَّدبن لــم يِرَصح فيــه أن النســاِء اللـ ي‬ ‫ـفني ِبــه وقُّصــَّدن الُعالــم وسـ‬ ‫ـَأَبْله؛ فــإن هــذا اجلـ‬ ‫يكتـ‬.‫ َنكــرة‬.‫ َسِنــوة‬:‫ ِبــَل قــاَل‬،‫ أزواجــا‬- ‫عْيَلــه وســلم‬ ‫هللا‬ Among the legal rulings that can be derived from this hadith is the following: Seeking knowledge is prescribed for women such that if their spouses do not have knowledge that suffices them, they seek a scholar and ask him. This hadith does not explicitly mention that the women who were with the Prophet g were his wives. Rather, he [the narrator] said “women” in an unspecified manner.36 If they were the wives of the Prophet g, why would ʿUmar h expect them to be “more screened” from their own husband? If they were not the wives of the Prophet g, then why did they screen themselves from ʿUmar h and not the Prophet g? Here, going behind a screen does not seem to have been for hijab purposes. The hadith makes it clear that it was out of fear of the temperament of ʿUmar h, since they explicitly stated this and were speaking comfortably in front of the Prophet g before ʿUmar arrived. Ibn Hubayra goes on to say: ‫عْيَلهــا‬ ‫ وإذا لــم تُّصــَل إىل ُمُعرفتــه إَال ِبــَأن َسِنيغ إىل الُعالــم وجــب‬،‫عْيَلهــا‬ ‫أن ســْؤاَل املـرأة عــن أُمــر دتيـهــا واجــب‬ ‫غِرْي اُمـرأة أخــرى تكــون ذاِت َجَمـرَم أو يكلَمهــا ييف اَّسلــوق أو ييف‬ ‫ إذا ُحِرَصِت عَنــَّد الُعالــم فَال ْحَتلــون ِب ـهــا ُمــن‬،‫ذلــَك‬ ‫ ت‬ ‫بيغ أن يُّصــَل اَألُمــر فيــه إىل أن‬ ‫ وأَنــه َال تي ي‬،‫ وهــذا فــُعىل ُمــا ذكرَنــا ُمَنــه‬.‫الرتيــة‬ ‫املسَجــَّد أو ْحَتــوَه ْحَتيــَث َال تيـطــرق ب‬ ‫ أو يَقــوَل الرجــَل‬،‫إيب أواخيــَك‬ ‫ ي‬:‫غِرْي ذُّي َجَم ـرَم ُمَنهــا‬ ‫ـثِرْي ُمــن باجلهــاَل ُحيِن تَقــوَل امل ـرأة للرجــَل اِذَّلُّي هــو‬ ‫يفــُعَةَل كـ‬.‫غِرْي ذاِت َجَمـرَم ُمَنــه‬ ‫للَمـرأة اَألجَنَبيــة ُمثــَل ذلــَك؛ فَال ْحَتــَل لرجــَل ُمســلم أن ْحَتلــو ِباُمـرأة‬ It is obligatory for a woman to ask about matters of her religion, and if she cannot attain knowledge of it except by seeking out a scholar, then it is obligatory upon her to do so. When she is present with the scholar, he should not be alone with 35 Ṣaḥīḥ al-Bukhārī, no. 3294. 36 Al-Ifṣāḥ, 8:109. See also Abū Layth al-Samarqandī, “Fatāwā al-nawāzil,” in Abdur‐Rahman Mangera, “A critical edition of Abū ’l‐Layth al‐Samarqandī’s Nawāzil (PhD Thesis. SOAS, University of London),” 162. [ 17 ] Guidelines For Gender Interaction In Islam her without another maḥram woman present. Alternatively, he may speak to her in the market, the mosque, or a similar place where suspicion is not likely to arise. This is as we have mentioned, and it should not reach the point where it is done by many ignorant people, where a woman says to a man who is not her maḥram, “I am making you my brother,” or a man says the same to a non-maḥram woman. It is not permissible for a Muslim man to be alone with a woman who is not his maḥram.37 The principles highlighted in the beginning of this paper are clearly expressed in Ibn Hubayra’s statement, such as the avoidance of khalwa. Thereafter, he gives potential solu- tions to remove the problem of khalwa, such as speaking to the scholar in a public place like a market or masjid. Again, this should not be applied without restriction, as various factors must be considered to determine the appropriateness of a given interaction. Second Example َ ‫ـاِء ِِت اَبْل ِ ي َيِن صىل هللا‬ َ ‫ َف ََجـ‬،‫الز ِرْي‬ ُ ْ َ ْ ُ ْ َ ُ َ ْ َ َ َ َ َ َ َ َ َ َ َ َ َ ُ َ َ َ ْ َ َ َ ‫اعـ َـة ْال َُقـ َـر‬ َ ‫َأ َن رَف‬ ِ ِ ‫ فِرْيوجهــا ِبُعــَّدَه عبــَّد الرُحَمـ ِـن ــن‬،‫َّيِظ طلــق اُمرأتــه فُبــِت طَال قهــا‬ ‫ِ ي‬ ِ ُ ْ َ ُ َ ْ َ َ َ َ َ َ َ َْ َ َ َ َ َ َ َ َ َ َ َ ْ ْ َ َ َ َ ُ َ َ ْ َ َ َ ‫ فِرْيوجهــا ِبُعــَّدَه عبــَّد‬،‫ـاِت‬ ٍ ‫اِهَّلل ِإَنهــا كابن ِعَنــَّد ِرفاعــة فطلَقهــا ِآخــر َثَال ُِث تط ِ ْيَلَقـ‬ ِ ‫عْيَلــه وســلم فَقــابل يــا رســوَل‬ ُ ََ َ َ َ ْ ْ َْ َ َ َ َ ْ ُ َ ْ ُْ َ ُ ْ َ َ ُ َ َ ُ ََ َ َ ُ َ ُ ْ ْ َ ‫ قاَل وأ و‬.‫ ِلهَّدِبـ ٍـة أَخذتهــا ُِمــن ِج بْيَلاِب ِـها‬،‫اِهَّلل ِإ َال ُِمثــَل هـ ِـذ َِه الهَّدِبـ ِـة‬ َ ِ ‫اِهَّلل ُمــا ُمُعــه يــا رســوَل‬ِ ‫ ِوإَنــه و‬،‫الرُحَمـ ِـن ــن الز ِ ِِرْي‬ َ ََ َُ َ َ ْ ‫ فط ِفــق‬،‫اجل ْْجـ َ ِـرة ِ َُبْلــْؤذن هل‬ُ ْ ‫ـاِسِل َتيــاُب‬ ٌ َ ِ ‫يَّد ْ ــن ْال َُعـ‬ َ ‫ـاِسِل ع َْنـ َـَّد َاَبْل ّيِن صىل هللا عْيَلــه وســلم َو ْا ـ ُـن‬ َ َْ ِ ‫ـاِص جـ ِ ِ ب‬ ِ ِ ‫سـ ِـُع‬ ‫ي‬ ِ ِ ٌ ِ ‫ِبُكـ ٍـر جـ‬ ُ ُ َ َ ْ ُ َ ْ َ َ َ ُ ُ ْ َ َ َ ْ َ ََ َ ْ َ ََ َ ُ ٌ َ ‫عْيَلــه وســلم َو َُمــا ََي ِزيــَّد‬ ‫اِهَّلل صىل هللا‬ ِ ‫ـوَل‬ ِ ‫ يــا أِبــا ِبُكـ ٍـر أ َال تزجــر هـ ِـذ َِه عَمــا بْحَتهــر ِِبـ ِـه ِعَنــَّد رسـ‬،‫َخـ ِـاِذَّل تيـ ِـادُّي أِبــا ِبُكـ ٍـر‬ ُ َ َ َ َ َ َ َ َ ُ َ َ َ َ َ ُ ُ َ َ‫َ َ ت‬ َْ ْ َ ُ ُ َ ‫ويف‬ ‫ ُحيِن تــذ ِ ي‬،‫ َال‬،‫َكِل ت ِر ِيَّدَيــن أن تــر ِج ِ ييغ ِإىل ِرفاعــة‬ ِ ‫عْيَلــه وســلم عىل اَبْلَبسـ ِـم َّمُث قــاَل ” لــُع‬ ‫اِهَّلل صىل هللا‬ ِ ‫رســوَل‬ ََ ُ َ ُ ُ ََ ُ.” ‫ َو َيــذوق ع َس ْي تْيَلـ ِـَك‬،‫ع َس ْي تْيَلــه‬ Rifāʿa al-Quraẓī divorced his wife irrevocably [i.e., the final divorce]. Later, ‘Abd al-Raḥmān ibn al-Zabīr married her. She came to the Prophet g and said, “O Allah’s Messenger g! I was Rifāʿa’s wife, and he divorced me thrice, and then I was married to ʿAbd al-Raḥmān ibn al-Zabīr, who, by Allah, has nothing with him except something like this fringe,” showing a fringe she had taken from her covering sheet. Abū Bakr was sitting with the Prophet g while Khālid ibn Saʿīd ibn al-ʿĀṣ was sitting at the gate of the room waiting for admission. Khālid started calling Abū Bakr, “O Abū Bakr! Why don’t you reprove this lady for what she is openly saying before Allah’s Messenger?” Allah’s Messenger g did nothing except smile and then said [to the lady], “Perhaps you want to go back to Rifāʿa? No, [it is not possible], unless and until you enjoy sexual intimacy with him [ʿAbd al-Raḥmān], and he enjoys sexual intimacy with you.”38 From this narration, we can deduce the following points: 37 Al-Ifṣāḥ, 8:109. 38 Ṣaḥīḥ al-Bukhārī, no. 6084 [ 18 ]  Segregation during Ṭawāf 1. Rifāʿa’s wife would not have been considerably old since she had just gotten remar- ried and wanted to return to Rifāʿa. 2. Her reasoning for wanting to return to her previous husband was something pri- vate, as she was expressing her displeasure with her current husband’s private part. 3. Abū Bakr h was present while Khālid h was outside. Khālid, hearing from outside what she said, called out to Abū Bakr h to reprimand her because of the private issues she was disclosing to the Prophet g. One would assume it would have been possible for the wife of Rifāʿa i to have asked the Prophet g through some of his wives or in the presence of his wives rather than directly and in earshot of other men. 4. The Prophet g did not object to her comments and voiced no objection to the situation, indicating his tacit approval. This also shows that private matters can be discussed with non-maḥrams if the pur- pose is for religious clarification, even if an outsider may deem it inappropriate, as long as the other requirements mentioned earlier are met. Segregation during Ṭawāf In general, the practices and norms of Muslims other than the companions do not constitute evidence. So, the mere fact that ʿulamāʾ or the general Muslim public are seen engaging in a certain practice does not prove that it is permissible. In theory, this is a sound principle. However, if ʿulamāʾ are engaging in certain practices that one may deem impermissible, then one should consider the following: 1. Is there scope for difference of opinion on this topic? Utmost effort should be made to ascertain this, as sometimes claims of consensus are made when there is no actual consensus. 2. If it is determined that the practice is against the Sharia and there is no scope for disagreement, is there any ambiguity regarding what the scholar has actually said or done, such that his actions can be understood as falling under what the Sharia permits? 3. If that is not possible, such that the scholar has clearly opposed a definitive sharʿī ruling, then the scholar should be info