DR.AZIEZ SALAHEDDINESHMSU BAHRI

Free Mixing between the sexesIn the light of Usul Fiqh and

Maqasid Shariahbessami.doc@gmail.com

Content

IntroductionDefinition Mixing in the light of the QuranMixing in the light of the Hadith.Mixing in light of the Maqasid shariahThe position of Islamic jurists from various

Islamic schoolsThe opinion of contemporary jurists.Conclusion.

Introduction

In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes.

Nowadays, there are many of theses that said : Islam does not prohibits the mixing of the sexes without khalwat, and some of them claimed that the use of the term "ikhtilath " is new term in the Islamic dictionary !

is this right or not? Does the Islamic law allow mixing or prevent it?.is free mixing based on the legitimacy of the evidences or based on customs and habits !?.

Definition

Ibn manzour said in his book [lissan al arab]:Mixing thing .... blended.

Idiomatically: men and women meeting in one place without taking into account all of the Shariah rulings, which may be a reason to outrageous.

Other definition : mixing is gathering of Muslim men and women with hijab without partition and/or without a designated area for either gender.

According to Dr Abdul Karim Zidane IKHTILAT is The meeting between women and men ( not mahram) in one place, usually resulting to interview one another, or look at one another or the conversation between them.

PRINCIPLE OF ISLAMIC JURISPRUDENCE

Usul Fiqh:methodology used by the jurists (mujtahid) to deduce the

practical Shari`ah ruling from their sources.

Primary sources:

QuranSunnahIjmaaqiyas

Secondary sources;IstihsanIstishab

Sadd daraiiMasalih mursalaMadhhab sahabi

Charoo man kablanaUrf

Mixing in the light of the Quran

The story of Prophet Musa and the daughters of Shu‘ayb . After Musa fled Egypt and reached Madyan, the Qur’an (28:23-28) says[meaning]:

And when he came to the well of Madyan, he found there a crowd of people watering [their flocks], and he found aside from them two women driving back [their flocks]. He said, "What is your circumstance?" They said, "We do not water until the shepherds dispatch [their flocks]; and our father is an old man.“

Al Sha’rawy interpreted this verse as : woman going out of her house be due to:- The absence of the guardian or parent.- Necessity that should not be exaggerated().

Cont..

We can easily deduce the following principles from this story:

There should be no free mixing and mingling of men and women who are not mahram to one another.

Ladies may, whenever necessary, step outside of their homes but it must be done with modesty (haya’).

Mixing in the light of the Quran

) وقلوبهن) لقلوبكم أطهر ذلكم حجاب وراء من فاسألوهن متاعا سألتموهن وإذا1.…And when you ask [his wives] for something, ask them from

behind a partition. That is purer for your hearts and their hearts…[Al-ahzab:53]

Ibn Kathir said: ". If one wants to take something from a woman, one should do so without looking at her. If one wants to ask a woman for something, the same has to be done from behind a screen.“

1. Al-amr lil-wujub:  a command( فاسألوهن) on the verse is indicative of an obligation.

2. Al amru bi al-shaii nahyun ‘an dhiddihi : meaning that asking them with mixing and without hijab is forbidden.

3. Al ‘illatu tu’ammimu ma’mulaha’’ meaning that al hukm yaduru ma’a illatihi wujudan wa ‘adaman :The purity of heart is based on no mixing : The free mixing will led to impurity of hearts.

Cont..

> <: ة� �� ي ة� ة� ـ� ي ل� ٱ ي� ر�� ي� ي� ي� ل� ي�� ي� ي� ي�ا ي� ي�� ر� ة� ر�و ر� ة�ى �ي ل� �ي ي� �عا�ى ا��ه �ال(Meaning):“And stay in your houses, and do not

display yourselves like that of the times of ignorance” [al-Ahzaab 33:33].

Ibn Katheer said:  This means: stay in your houses and do not come out unnecessarily.

Mujahid interpreted(tabarruj al jahiliyah) as woman were walks outside their house between men in free mixing.

Al-amr lil-wujub :a command (وقرن) on the verse is indicative of an obligation.

Mixing in the light of the Sunnah

." " اء #س! الن ع!ل!ى و!الد(خ'ول! 'م+ -اك إ ي ق!ال! وسلم عليه الله صلى -ه الل س'ول! ر! !ن- أ ع!ام ر4، +ن ب !ة! ع'ق+ب ع!ن+ ." " . +م!و+ت' ال +ح!م+و' ال ق!ال! +ح!م+و! ال +ت! ي

! أ ف!ر!! أ -ه الل س'ول! ر! !ا ي +ص!ار ن

! األ م ن! ج'ل= ر! ف!ق!ال! Narrated `Uqba bin 'Amir: Allah's Messenger (ملسو هيلع هللا ىلص) said, "Beware of entering upon the ladies." A

man from the Ansar said, "Allah's Apostle! What about Al-Hamu the in-laws of the wife (the brothers of her husband or his nephews etc.)?" The Prophet (ملسو هيلع هللا ىلص) replied: The in-laws of the wife are death itself. (Sahih al-Bukhari 5232)

al-amr lil-wujub :a command(إياكم.. ): indicates the obligation for no entering upon the ladies

Al amru bi al-shaii nahyun ‘an dhiddihi : meaning that (entering upon the ladies ) is forbidden.

the word ( the entering upon ) indicates the generality. according to ibn hajar and Amin Shinqiti this include all free mixing whether that mixing with khalwat or without it.

Cont...

": صفوف وخير آخرها وشرها أولها الرجال صفوف خير ص الله رسول قال" أولها وشرها آخرها النساء

Abu Dawud narrated the following ahadith: The Prophet (saw) said, “The best row for men is the front row, (furthest from the women’s row) and the best row for women is the back row and the worst is the front row (just behind the men).”

the Prophet preferred that at the time of leaving the mosque, the men stay behind so that the women can exit the mosque before the men

the evidence is the preference of the back row for the woman.

Nawawi and al Shaukani comment on the hadith: when the woman stays far from the row of man, this will lead to prevent free mixing between them.

Cont..

Once the Prophet (peace be upon him) saw men and women mixing together on the road upon their departure from the mosque. He said to the women: "Hold back a bit. You do not have to walk in the middle of the road. You may keep to the sides."

The narrator of the hadith commented that after that time, women would come so close to the buildings that their dresses would sometime cling to the walls." [Sunan Abi Dawoud]

Cont..

Ibn 'Umar related that the Prophet (peace be upon him) said about one of the mosque's doors: "We should leave this door exclusively for women to use”.

Ibn 'Umar, until he died, never again entered through that door. [Sunan Abi Dawoud]

Cont..

: ة' ع!ائ ش! !ت+ !ان ك عطاء عن البخاري "روى 'خ!ال ط'ه'م+   ت ال! ج!ال الر# م ن+ Mة ح!ج+ر! !ط'وف' ت

Ibn Juraij said, " `Ata informed us that when Ibn Hisham forbade women to perform Tawaf with men he said to him, 'How do you forbid them while the wives of the Prophet (ملسو هيلع هللا ىلص) used to perform Tawaf with the men?' I said, 'Was this before decreeing of the use of the veil or after it? `Ata took an oath and said, 'I saw it after the order of veil.' I said, 'How did they mix with the men?' `Ata said, 'The women never mixed with the men, and `Aishah used to perform Tawaf separately and never mixed with men.”

Ibn hajar said (حجرة): Isolated, solitary

‘Aishah used to go around the Ka'bah at a good distance from the men and avoided mixing with them.

Cont..

Ibn 'Abbas relates that he prayed one of the 'Id prayers with the Prophet (peace be upon him). He informs us that the Prophet (peace be upon him) prayed and offered a sermon, then he went to the women and offered to them a separate sermon, admonishing them and encouraging them to give charity. [Sahih al-Bukhari]

Ibn Hajar offers the following observations about this hadith: "The fact that he went to the women separately shows that the women were assembled separately from the men and were not mixed in with them." [Fath al-Bari (2/466)]

Cont..

: الله صلى الله رسول قال قال عنه الله رضي +د!ة! ي 'ر! ب عن" : عنه الله رضي Qل ع!ل ي وسلم ت�ت�ب�ع� عليه ال� ع�ل�ي� يا

لك ت� ل�ي�س� و� ول�ى� األ� لك فإن ة� الن)ظ�ر� ة� الن)ظ�ر�

ة� ر� خ� ".اآل�the Messenger (SAW) said, ‘'the first look

that you take for a woman is for you (i.e it is overlooked) and the second one is against you.’’

one of the evils of mixed gatherings is this command of Allah is ignored.

How can we avoid (look) in free mixing?

Qiyas(analogical deduction)

 Haraam looking: Allaah has commanded both believing men and believing women to lower their gaze.

* ا* ! ب م ' ر ي ب ! خ ه! - ل ل - *إ ن م ' ه ! ل Tى! زك! أ وج!ه'م*ذ!ل ك! +ف'ر' !حف!ظ'وا Tر ه مو!ي ص!ـ !ب +م نأ !غ'ض(وا ي #لم'ؤم ن ين! ر$ق'لل ر ٱ * ( ل ) ل ٲ ل)* ل, ل) ل- �ل ل. لل

ا*** ي� 0 ل 1 ة � ي � ي 2 ي ي1ا ��ا ي ة3ا ي�� ر� ي4 ي0 ة(ي ي� ة6ي ل� ري ي�ا ي� ي�� ر� ي� ر�� �ر ي� ل7 ي8 ل9 يي ي� ي�� ة: ة� ـ� ي; ل� ي>ا ل� ة1 ي� ل= ر= ل< يي ة? ـ� ي0 ة1 ل@ Aر ل� ل� ر�ل ي�  “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. Verily, Allaah is All‑Aware of what they do.

31. And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent…” [al-Noor 24:30-31] 

ه 0 ع ه � � ا ضي $ 6 � ع س ي � >ا ث ي 6 ح ي � : " : ".غضالبصر

االختالط أولى باب فمن النظر الله حرم .إذا if ALLAH(SW) forbids the looking, that means free mixing is

prohibited in priority.

Islamic school:Hanafi

Al-Sarakhsi writes: "The judge should try women separately from men since people tend to crowd together in the courtroom. It is quite obvious that the mixing together of men and women under such crowded conditions is conducive to temptation and other distasteful consequences." [al-Mabsut (16/80)]

( القاري عمدة العيني الدين (111: 8بدر ( البصائر عيون غمز (114: 2الحموي ( عابدين ابن حاشية الدمشقي عابدين (355: 6ابن

Islamic schoolMaliki

Imam Malik gave a Fatwa showing the seriousness of the issue where he said it was enough for a man to reply silently, i.e in his head if a young woman gave him salaams as to do otherwise would encourage fitnah, and the same that a young woman should reply silently to the salaams given by strange men so as not to cause a fitnah.

Cont..

( (322: 2ابنأبيزيدالقيروانيالرسالةمعشرحالنفراوي ( حاشيةالصاويعلىالشرحالصغير (585: 4الصاوي ( حاشيةالصاويوحاشيةالدسوقي (306 :8ابنعرفة““““““““““““““““““““““““” سحنون““““““““““““““““““““““““” أشهب““““““““““““““““““““““““” الحكم عبد ابن ابنباديس

Islamic school:Shafii

Al-Nawawi writes: "One of the vilest innovations, that some ignorant people today are involved in, is the habit of lighting candles on Mount 'Arafah on the ninth night. This behaviour is gravely misguided and is full of improper goings-on such as the mixing of men and women.“ [al-Majmu(8/140)]

Cont..

( المجموع مع المهذب الشيرازي اسحاق (350: 4أبو ( حجر البن الفقهي الفتاوى الهيثمي حجر (203: 1ابن(140: 8النووي) ( الفتح العسقالني حجر (182: 3ابن ( المحتاج مغني الشربيني (261: 2الخطيب (المحتاج نهاية (297: 3الرملي (حاشيته مع المحتاج نهاية (105: 7الشبراملسي)““” ““” ““” “““” ““” ““”( السالم عبد ابن ( الخطيب على البجيرمي (226: 2الطوخي( الشرواني (205: 8حواشي

Islamic school:Hanbali

Ibn qayyim said “ no doubt that the free mixing between men and women is the sources of all wrongdoings and evils….in this reason the rulers must separate between them.

( الصحيحين حديث من المشكل كشف الجوزي (776: 1ابن( قدامة (328: 1ابن ( المستقيم الصراط اقتضاء تيمية (145ابن ( الحكمية الطرق القيم (237ابن( رجب (134: 2ابن(367: 2البهوتي) ( النهى أولي معونة النجار (400: 2ابن

Contemporary Scholar

Sayyid Sabiq mentions in his book fiqh sunnah: making the walimah is recommended in Islam with condition that should free from the forbidden thing such as the free mixing.

Many scholars support this view:(364: 2الشوكاني) ( االربعة المذاهب على الفقه الجزيري الرحمان (25: 5عبد ( ج اإلسالمية الهداية مجلة حسين خضر (6محمد عشر الثالث المجلد من ( والقانونص الفقه بين المرأة السباعي .(126-125مصطفى ( البيان أضواء الشنقيطي األمين .(6/249محمد ( الطنطاوي علي ذكريات الطنطاوي .(5/268علي (للشعراوي الفتاوى .(5/12الشعراوي) ( والمجتمع الفرد لإلصالح إسالمية توجيهات زينو جميل محمد

Sadd al-Dhara'i (Blocking the Means)

Sadd al Dharai (Blocking the means). In Usul, it means blocking the means to evil. Sadd al Dharai is often used when a lawful means is expected to produce an unlawful result.

> < : M ب يال س! اء! و!س! Mة Tح ش! !ان!ف!ـ ك ' -ه إ ن *qTى! ن +لز# 'وا ب !قر! ت و!ال! تعالى الله *قال JKل ة لNٱ*ۥ " And go not near to fornication; surely it is an indecency and an

evil way”. [Surah al Isra:32] ". In this verse, Allah does not say "Do not commit adultery" but

tells us not even to come close to it. This means that everything that may seduce a person to fall into adultery is unlawful.

Amongst the dangers of free mixing is that fornication will become widespread amongst the Muslims, because if we cut off every route to zina then shaitan will despair of ever trapping us with this sin.

Yet if we allow free mixing, we open the doors of zina, enter into its domain and are taking our first steps towards falling into this sin.

Maqasid shariah

Maqasid al-Shari'ah comprises those benefits/welfare/advantages behind the revelation of Islamic Laws.

Shari'ah aims at the welfare of the people in this life and in the life hereafter, and for this purpose it has advised people to adopt such means and measures that may give advantage benefit/well-being to them and may ward off evil/injury/loss, from them.

CATEGORIES OF OBJECTIVES OF SYARI’AH

28

CATEGORIES OF

OBJECTIVES OF SYARI’AH

The Essentials

(Daruriyyat)

The Complement

ary (Hajiyyat)

The Embellishme

nts (Tahsiniyyat)

AL-DARURIYYAH AL-KHAMSAH

29

Protection of al-din

Protection of life (al-nafs)

Protection of dignity (al-’ird)

Protection of intellect (al-’aql)

Protection of property (al-mal)

PROTECTION OF DIGNITY (AL-IRD)

30

Islam is very concern about dignity of a person . It also ensuring that the relationship between man and

women are done in respectful and responsible way. The Prophet s.a.w. said :“O Youth! Those of you who have the

means to get married shall do it, as it is better to protect your eye and your desire, as for those who are unable to do so, he shall fast as it is a protection for you”

All evidences( verses and hadiths) mentioned before lead to protect one of the five objectives of shariah: the dignity.

based on the above evidences its clear that the segregation is from maqasid shariah .and the verification of (to protect your eye and your desire) are not achieved without segregation. That nicknamed by usul scholar : tahqiq al manat(verification of the basis of the rule).

The conclusion : the segregation is commanded (compulsory)

Conclusion

From the above evidences (verses ,Hadiths, Maqasid Shariah, opinions of the Muslim scholars from many countries and different eras , and Islamic schools, oldest and contemporary), its clear that the free mixing is prohibited and We not take in consideration the views of some scholars which agreed the free mixing based on the Urf and custom.