Wednesday, March 16, 2011

The Circumstances for Jama’ prayers

Jama’ Prayers
Ibn Salih
What are the circumstances for Jama’ (join) prayers. Is it permissible for a traveller to join two prayers together sometimes and not join them at other times?

In the Name of Allāh, Most Gracious, Most Merciful;
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Allah Says: “Verily, As‑Salāh (the prayer) is enjoined on the believers at fixed hours” (Al-Nisa’, 4:103). 

But on certain circumstances a person is given concession to perform Jama’ (join, combine) the prayers, Zuhur and ‘Asar, and Maghrib and ‘Isha’ except Fajar Prayer, at the time of the earlier (haqiqi) or later (formal) prayers, depending on which is convenient to him. Imam Shāfie prefers the haqiqi combination of prayer while Hanafi prefers the formal combination, and both are permissible.  

The concession for Jama’ Prayers notably are much broader, not only limited for a traveller but include fear, rain, sickness or other extraordinary circumstances too.

Ibn ‘Abbas (radiallahu`anhu) said: The Messenger of Allah (Sallallāhu 'alaihi wa sallam) combined the Zuhur prayer with the ‘Asar prayers and the Maghrib prayer with the ‘Isha prayer in Medinah without being in a state of danger or rainfall. And in the hadith transmitted by Waki’ (the words are): “I said to Ibn ‘Abbas: What prompted him to do that? He said: So that his (Prophet’s) Ummah should not be put to (unnecessary) hardship.” ...” [Muslim 1520]

Besides travelling, fear and rain the words of Ibn ‘Abbās (radialahu`anhu) indicate that the hardship and difficulty that a person may face make it permissible for him to join the two prayers which may be joined together at the time of either earlier or later of them. This indicates of Allāh’s provision in making religion easy for this ummah. The basis of which is seen in the verses: 
  • “Allāh intends for you ease, and He does not want to make things difficult for you” [Al-Baqarah, 2:185] 
  • Allāh does not want to place you in difficulty” [Al-Mā’idah, 5:6] 
  •  “and has not laid upon you in religion any hardship”  [Al-Hajj, 22:78] 
1. A Traveller 

As a traveller a person is permissible to jama’( join)  the prayers, or to offer each prayer at its own time, as he wishes, but it is better for him not to join prayers unless it will be too difficult for him to offer the prayers at their own times. 

It is indicated by many ahādith, such as the following: 

1. Anas ibn Malik (radiallahu`anhu) reported:  The Prophet (Sallallāhu 'alaihi wa sallam) jama’ the Maghrib and ‘Isha’ prayers when traveling. [Al-Bukhari (1108)]

2. Ibn ‘Abbas reported: The Messenger of Allah (Sallallāhu 'alaihi wa sallam) jama’ two prayers whilst traveling. [Ahmad (3178); Shaykh Ahmad Shakir (3288) said: Its isnad is sahih]. 

3. It was narrated that Mu’adz Ibn Jabal (radiallahu`anhu) said: “We went out with the Messenger of Allah (Sallallāhu 'alaihi wa sallam) on the campaign of Tabuk, and he used to pray Zuhur and ‘Asar together, and Maghrib and ‘Isha’ together.” [Muslim (706)]

1.1. The Distance  

The view of the scholars varies, some says 81 km. But according to the majority of scholars, the distance which avails for a traveller is defined as being two marhalah approximately fifty-six miles or ninety-one kilometers. The distance in which the concession of traveling is allowed is that which is customarily regarded as travelling, which is approximately eighty five kilometers. Whoever is going to travel this distance or more is allowed to avail him of the concessions granted to travellers, namely wiping over the socks for three days and nights, and joining and shortening prayers, and not fasting in Ramadhān.

Ibn Qudāmah said in al-Mughni:

The view of Abu ‘Abd-Allah [i.e., Imam Ahmad] is that it is not permissible to qasar the prayers for a distance not of less than sixteen farsakhs, and a farsakh is three miles, so the distance is forty-eight miles.  Ibn ‘Abbas estimated [He said]: From ‘Usfan to Makkah, or from al-Ta’if to Makkah, or from Jeddah to Makkah. Based on this, the distance at which it is permissible to shorten prayers (qasar) is the distance of two days’ travel directly for that destination. This is the view of Ibn ‘Abbas and Ibn ‘Umar, and the view of Malik, al-Layth and al-Shafi’e. The equivalent in kilometers is approximately 91 km.

1.2. Duration and Intention.

If the traveller intends to stay in a place for more than four days then he is not entitled for the concession as a traveler. It falls under the same ruling as a resident according to the majority of fuqaha’. He is entitled for the concession if he intends to stay for four days or less; he must offer the solāt in full, not in the Qasar form. According to Imam Shafi’e the time limit is four days with previous intentions and eighteen days without intention. Imam Shafi’e has inferred from a hadith of Anas ibn Malik as four days stay on the basis that the Prophet (Sallallāhu 'alaihi wa sallam) stayed in Makkah only three days, i.e 5th, 6th, and 7th of Dzulhijjah during Farewell Hajj (Muslim 1473). The rest of the days he has been moving in Mina and Arafat for Hajj ceremonies.

1.3. When Compelled to stay or unsure the conclusion of job.

If the traveller who stays in a place are compelled to stay more days to conclude what he came for, he may avail himself of the concessions granted to the traveller, even if that is for a long time. And there is no difference concession between travel by land or by sea.

[Fatawa al-Lajnah al-Da’imah (8/99)]

1.4. The two situations.

Firstly, when he is actually on the road, secondly, when he has made a stop, i.e., he is not on the road; either he has reached the place to which he is traveling, or he has made a stop on his journey and stayed there for a while. 

It is permissible for any traveler to jama’ (join) prayers, whether he has made a stop or is on the road. But which is better for the traveler to jama’ (join) the prayers or to offer each prayer at its proper time? 

Shaykh Ibn ‘Uthaymeen said: It is better for the traveler who has made a stop not to join the prayers, but if he joins them there is nothing wrong with it, unless he needs to join them because he is tired and needs to rest, or because it is hard for him to find water each time, and so on, in which case it is better for him to join the prayers and avail himself of the concession. But for the traveler who is on the road, it is better for him to join Zuhur and ‘Asar, and Maghrib and ‘Isha’ – in the way it is convenient for him, either doing it at the earlier prayer or the time of the later prayer. 

[Mawaqeet al-Salāh, p. 26). 

The Messenger of Allah (Sallallāhu 'alaihi wa sallam) when given the choice between two things but he would choose that which was easier, so long as it was not a sin, in which case he would be the most careful of people to avoid it.  [Narrated by Muslim, 3560; Muslim, 2327] 

The Prophet (Sallallāhu 'alaihi wa sallam) did not join prayers on all his journeys, rather he joined them sometimes and sometimes he did not. Based on this some scholars are of the view that it is permissible for the traveller to join his prayers unless he is on the road, but if he made a stop it is permissible for him to join them.

The Prophet (Sallallāhu 'alaihi wa sallam) joined his prayers during the campaign to Tabuk when he had made a stop. [Hadith narrated by Ahmad and Abu Dawud; classified as sahih by al-Albani in al-Silsilah al-Sahihah (164)] 

The apparent meaning of these ahādith is that the Prophet joined his prayers when he had made a stop. That was either to show that it is permissible, because there may a need to join prayers. 

But the Prophet (Sallallāhu 'alaihi wa sallam) did not join his prayers when he stopped at Mina during the Farewell Hajj. Based on this, the traveller who has made a stop need not to join prayers but there is nothing wrong with it if he does join his prayers. He may needs to join his prayers, either because he is too tired and needs to rest, or because it is too hard to find water every time, and so on, then it is better for him to join them, and avail himself of the concession.
 [Mawaqeet al-Salāh]

Thus, traveller who has made a stop has the choice: if he wishes he may join the prayers at the time of the later prayer or at the time of the earlier prayer. It is better for him to offer each prayer at its proper time, as the Prophet (Sallallāhu 'alaihi wa sallam) did in Mina. And, it should be noted that prayer in congregation is essential for a traveller and it is not permissible for him to join prayers and pray alone. 

2.The Sick

The Prophet (Sallallāhu 'alaihi wa sallam) granted a concession to the woman who suffered from istihadah (non-menstrual bleeding), and he allowed her to jama’ (join) the prayers.

[Narrated by Abu Dawud (287) and al-Tirmidzi (128); classified as hasan by al-Albani in Sahih al-Tirmidzi]

Istihadah is a kind of sickness, and Imam Ahmad quoted as evidence for it being permissible for a sick person to join prayers the fact that sickness is worse than travel. He was treated with cupping after sunset, then he ate supper then he joined Maghrib and ‘Isha’ prayers.  [Kashshaf al-Qina’ (2/5)]

 It should be noted that the sick person for whom it is permissible to jama’ (join) prayers should offer each prayer in full without shortening it, because shortening of the prayers is only permitted for the traveller. Some people may think that if a person jama’ the prayers at home because of sickness he is also allowed to qasar them as well. No, it is incorrect to do so.

Ibn Taymiyah (rahimahullah) said: The reason for qasar prayers is travel only, and it is not permitted when one is not travelling. As for jama’ prayers when one has an excuse or a need for it, if he needs to, he may jama’ them when travelling a short or long distances, and he may jama’ them when it is raining and the like, or when he is sick and the like, or for other reasons. The aim behind this is to spare the ummah from hardship.  The reasons which make it permissible to jama’ prayers are broader than those which make it permissible to qasar them.

3. Other extraordinary circumstances

Jama’ prayers is permissible for every traveller, and for the non-traveller if the circumstances is too difficult for him to offer every prayer on time, such as one who is sick, or if there is rain, or he is busy with some work that he cannot delay in order to pray, such as a student taking an exam or a doctor who is doing surgery and so on.  [Majmū’ al-Fatawa (22/293)]

Jama’ of Solat are broader in scope than Qasar the prayers, the reasons for doing Jama’ are more numerous. 

A person may jama’ the prayers as when travelling, or when not travelling, because of sickness or istihādah (non-menstrual vaginal bleeding) or because he fears for himself or his property, or because of heavy rain and other excuses that permit joining prayers, without shortening them, because prayers may only be shortened when travelling.  

And Allāh knows best.

[Adapted from Fatwa No: 111916 Islam Q&A]

Friday, March 11, 2011

Why Are There So Many Earthquakes?

Why Are There So Many Earthquakes?
By Abd al-‘Azīz ibn ‘Abdallāh ibn Bā

Question: Many countries have had earthquakes. Does this mean anything (from an Islamic point of view)?

All the Praise is to Allāh, and peace and blessings be upon the Messenger of Allāh, and upon his family, companions, and those who follow his Guidance.

Allāh creates and decrees whatever signs He wills, to frighten His slaves and remind them of their obligations and duties towards Him, and to warn them against associating anything in worship with Him, going against His commands and doing that which He has forbidden. 

Allāh says (interpretation of the meaning):
  • “And We sent not the signs except to warn” [Al-Isrā’, 17:59]
  • “We will show them Our Signs in the universe, and in their own selves, until it becomes manifest to them that this (the Qur’ān) is the truth. Is it not sufficient in regard to your Lord that He is a Witness over all things?” [Fussilat, 41:53]
  • “Say: ‘He has power to send torment on you from above or from under your feet, or to cover you with confusion in party strife, and make you to taste the violence of one another.’” [Al-An’ām 6:65]
Jābir ibn ‘Abdallāh (radiallahu`anhu) reported that when the ayah “Say: ‘He has power to send torment on you from above” was revealed, the Prophet (Sallallāhu 'alaihi wa sallam) said, “A’ūdzu bi wajhika (I seek refuge in Your Face”; “or from under your feet”, he said, “A’ūdzu bi wajhika (I seek refuge in Your Face).” (Sahih al-Bukhari, 5/193).

(Abu’l-Shaykh al-Isbahani narrated from Mujāhid concerning the Tafsīr of this ayah, “Say: ‘He has power to send torment on you from above”: (this means) al-Saihah (the shout or tumult), stones and strong wind; “or from under your feet”, (means) earthquakes and being swallowed up by the earth.) 

Undoubtedly the earthquakes that are happening these days are among the signs which Allāh uses to  remind His slaves.  Allāh says (interpretation of the meanings):
  • “And whatever of misfortune befalls you, it is because of what your hands have earned. And He pardons much” [Al-Shura, 42:30]
  • “Whatever of good reaches you, is from Allāh, but whatever of evil befalls you, is from yourself” [Al-Nisā’ 4:79]
And Allāh said concerning the nations of the past:

“So We punished each (of them) for his sins, of them were some on whom We sent Hāsib (a violent wind with shower of stones) [as on the people of Loot (Lot)], and of them were some who were overtaken by As-Saihah [torment — awful cry, (as Thamud or Shu‘aib’s people)], and of them were some whom We caused the earth to swallow [as Qārūn (Korah)], and of them were some whom We drowned [as the people of Nooh (Noah), or Fir‘aun (Pharaoh) and his people]. It was not Allāh Who wronged them, but they wronged themselves” [al-‘Ankabūt 29:40]

What Muslims and others who are accountable and of sound mind must do is repent to Allāh, adhere firmly to His Religion and avoid all that He has forbidden of Shirik and sin, so that they may be safe and attain salvation from all evils in this world and the next, and so that Allāh will ward off from them all harm, and bless them with all good. Allāh says (interpretation of the meaning):

“And if the people of the towns had believed and had the Taqwa (piety), certainly, We should have opened for them blessings from the heaven and the earth, but they belied (the Messengers). So We took them (with punishment) for what they used to earn (polytheism and crimes).” [Al-A’rāf, 7:96]

And Allāh says concerning the People of the Book (interpretation of the meaning):

“And if only they had acted according to the Tawrāh (Torah), the Injīl (Gospel), and what has (now) been sent down to them from their Lord (the Qur’ān), they would surely, have gotten provision from above them and from underneath their feet” [al-Māidah 5:66].

And Allāh says (interpretation of the meaning):

“Did the people of the towns then feel secure against the coming of Our punishment by night while they were asleep? Or, did the people of the towns then feel secure against the coming of Our punishment in the forenoon while they were playing? Did they then feel secure against the Plan of Allāh? None feels secure from the Plan of Allāh except the people who are the losers.” [Al-A’rāf 7:97-99]

Ibn al-Qayyim (may Allāh have mercy on him) said: “Allāh sometimes grants the earth permission to breathe, which is when major earthquakes happen; this makes people feel scared, so they repent, give up sins, pray to Allāh and feel regret [for their sins]. When there had been an earthquake, some of the Salaf said: your Lord is warning you. When Madīnah was struck by an earthquake, ‘Umar ibn al-Khattāb (radiallahu`anhu) addressed the people and said: if there is another earthquake, I will not stay here with you.” 

And there are many similar reports from the Salaf.

Our response when there is an earthquake or some other sign such as an eclipse, strong winds or floods, should be to hasten to repent to Allāh and pray to Him for safety, and to remember Him much and seek His forgiveness, as the Prophet (Sallallāhu 'alaihi wa sallam) said when there was an eclipse: “If you see anything like that, hasten to remember Him, call on Him and seek His forgiveness.” (Part of an agreed-upon hadith narrated by al-Bukhari (2/30) and Muslim (2/628)). 

And Allāh sometimes allows some people to suffer that could test others, how they would react to them; there are many ayat about it:
  •  “Who has created death and life that He may test which of you is best in deed. And He is the All-Mighty, the Oft-Forgiving.” (Surah al- Mulk, 67:2)
  • “We shall test you with something of fear, hunger, loss of wealth, lives and fruits, but give glad tidings to As-Sabirun (the patient).” (Surah al-Baqarah, 2:155)
  •  “Or do you think that you will enter Paradise before Allāh tests those of you who fought (in His Cause) and (also) tests those who are As-Sabirun (the patient)?” (Surah Al-Imran, 3: 142).
  •  “You shall certainly be tried and tested in your wealth and properties and in your personal selves.” (Surah Al- Imran, 3: 186)
 The Prophet (Sallallāhu 'alaihi wa sallam) said:
  • “Whoever meets the need of his brother, Allāh will meet his needs.” (Agreed upon; Al-Bukhari, 3/98; Muslim, 4/1996).
  • “Whoever relieves a believer of some of the distress of this world, Allāh will relieve him of some of the distress of the Day of Resurrection. Whoever makes things easier for one who is suffering hardship, Allāh will make things easier for him in this world and in the Hereafter. Whoever conceals a Muslim’s faults, Allāh will conceal his faults in this world and in the Hereafter. Allāh will help a person so long as he helps his brother.” (Narrated by Muslim, 4/2074).  
It is also mustahabb to show compassion to the victims, poor and needy and to give charity to them, because the Prophet (Sallallāhu 'alaihi wa sallam) said:
  • “Show mercy, you will be shown mercy.” (Narrated by Imām Ahmad, 2/165)
  • “Those who are merciful will be shown mercy by the Most Merciful. Have mercy on those who are on earth, and the One Who is in heaven will show mercy to you.” (Narrated by Abu Dawūd (13/285), At-Tirmidzi (6/43)).
  • “Whoever does not show mercy will not be shown mercy.” (Narrated by Al-Bukhāri (5/75), Muslim (4/1809)). 
It was reported that when there was an earthquake, ‘Umar ibn ‘Abd al-‘Azīz (may Allāh have mercy on him) would write to his governors telling them to give in charity. 

One of the things which will help to keep people safe and sound is if the authorities impose an immediate crack-down on the foolish elements in society, forcing them to behave and applying the laws of sharī’ah to them, enjoining what is good and forbidding what is evil. Allāh says (interpretation of the meaning):
  • “The believers, men and women, are Awliyā’ (helpers, supporters, friends, protectors) of one another; they enjoin (on the people) Al-Ma‘rūf (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid (people) from Al-Munkar (i.e. polytheism and disbelief of all kinds, and all that Islam has forbidden); they perform As-Salāh (Iqāmat-as-Salāh), and give the Zakāh, and obey Allāh and His Messenger. Allāh will have His Mercy on them. Surely, Allāh is All-Mighty, All-Wise” [At-Tawbah, 9:71] 
  • “Verily, Allāh will help those who help His (Cause). Truly, Allāh is All-Strong, All-Mighty. Those (Muslim rulers) who, if We give them power in the land, (they) enjoin Iqamat-as-Salāh [i.e. to perform the five compulsory congregational Salāh (prayers) (the males in mosques)], to pay the Zakāh and they enjoin Al-Ma‘rūf (i.e. Islamic Monotheism and all that Islam orders one to do), and forbid Al-Munkar (i.e. disbelief, polytheism and all that Islam has forbidden) [i.e. they make the Qur’ān as the law of their country in all the spheres of life]. And with Allāh rests the end of (all) matters (of creatures).” [Al-Hajj, 22:40-41] 
  • “And whosoever fears Allāh and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allāh, then He will suffice him.” [Al-Talāq, 65:2-3]
And there are many ahadīth on this topic.

Allāh is the One Whom we ask to reform the affairs of all the Muslims and to bless them with proper understanding of Islam and help them to adhere steadfastly to it and repent to Allāh from all their sins. We ask Him to reform all those who are in authority over the Muslims’ affairs and to support the Truth and eradicate falsehood through them, and to help them to rule the people according to the laws of sharī’ah, and to protect them and all the Muslims from misguidance and temptation and the tricks of the Shaytān, for He is Able to do all that. 

Wallahu’alam
[Via IloveAllāh.com, April 16, 2010]

Tuesday, March 1, 2011

Shaking Hands with Women: An Islamic Perspective

Shaking Hands with Women: An Islamic Perspective
By Dr. Yusuf Al-Qaradawi


Question: As-Salamu `alaykum. What is the correct view in regards to shaking hands with women, especially relatives who are not mahram to me, such as my cousins, wives of uncles, or sisters-in-law? Many pious Muslims face this problem, particularly on certain occasions such as coming back from travel, recovering from an illness, returning from Hajj or `Umrah, or similar occasions when relatives, in-laws, neighbors, and colleagues usually visit, congratulate each other and shake hands with each other. What I am asking is, is it proven in the Glorious Qur’an or the Sunnah that shaking hands with women is totally prohibited within the social and family relations when there is trust and no fear of temptation? I would appreciate if you would enlighten me in the light of the Qur’an and the Sunnah. Jazakum Allah Khairan [Hassan]
               
In the Name of Allāh, the Most Gracious, Most Merciful;
All praise and thanks are due to Allāh, and peace and blessings be upon His Messenger.

Wa ‘alaikumus-Salāmu wa Rahmatullahi wa Barakātuh bother Hassan. 

An eminent contemporary Muslim scholar, Dr. Yusuf Al-Qaradawi, states: 

There is no doubt that shaking hands between males and females who are not mahrams (legal 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’ān 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 khalwahfitnah (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 Bakar As-Siddiq (radiyallahu‘anhu) that he used to shake hands with old women. Also, it is reported that ‘Abdullah ibn Az-Zubair (radiyallahu‘anhu) 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 Qur’ān in respect of the old barren women, as they are given dispensation with regard to their outer garments. Almighty Allāh 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. Allāh is Hearer, Knower.” (An-Nur, 24: 60) 

Allāh 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 harām (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. 
The face and the hands are excluded from the prohibition.

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 Allāh’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, 24: 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 (Sallallāhu ‘alayhi wa sallam) 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 harām (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 (dhab) 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 (Sallallāhu ‘alayhi wa sallam) refrained from shaking hands with women to take their oath of allegiance. Umm ‘Atiyyah Al-Ansariyyah (radiyallāhu‘anha) 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 (radiyallāhu‘anha) who denied this and swore that it had not happened. 

It is narrated that ‘A’ishah (radiyallāhu‘anha), the wife of the Prophet (Sallallāhu ‘alayhi wa sallam), said, “When the believing women migrated to the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam), they would be tested in accordance with the words of Allāh, ‘O Prophet! If believing women come unto thee, taking oath of allegiance unto thee that they will ascribe nothing as partner unto Allāh, and will neither steal nor commit adultery nor kill their children, nor produce any lie that they have devised between their hands and feet, nor disobey thee in what is right, then accept their allegiance and ask Allāh to forgive them. Lo! Allāh is Forgiving, Merciful.’ (Al-Mumtahanah, 60: 12)”

A’ishah (radiyallāhu‘anha) said, “Whoever among the believing women agreed to that passed the test, and when the women agreed to that, the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam)  said to them, ‘Go, for you have given your oath of allegiance.’ No, by Allāh, the hand of the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) never touched the hand of any woman; rather they would give their oath of allegiance with words only.” And ‘A’ishah (radiyallāhu‘anha) said, “By Allāh, the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) only took the oath of allegiance from the women in the manner prescribed by Allāh, and the hand of the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) never touched the hand of any woman. When he had taken their oath of allegiance he would say, ‘I have accepted your oath of allegiance verbally.’” [Reported by Al-Bukhari] 

In his explanation of the saying of ‘A’ishah (radiyallāhu‘anha), “No, by Allāh, the hand of the Messenger of Allāh (Sallallāhu 'alaihi wa sallam) never touched the hand of any woman …” al-Hafiz Ibn Hajar (rahimahullāh) said: she swore to ascertain the news as if she (‘A’ishah) wanted to refute the narration of Umm ‘Atiyyah. It is narrated on the authority of Ibn Hibban, Al-Bazzār, Al-Tabari, and Ibn Mardawih that Umm ‘Atiyyah said in respect of the story of taking the oath of allegiance of women, “The Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) held out his hand from outside the house and we (the immigrating women) held our hands from within the house, then he said, ‘O Allāh, bear witness.’”

In another narration reported by Al-Bukhari, Umm Atiyyah said, “… thereupon a lady withdrew her hand (refrained from taking the oath of allegiance)…” This narration indicates that they (the immigrating women) took their oath of allegiance by shaking hands.

Al-Hafiz Ibn Hajar said: we reply to the first saying that holding out hands from behind a veil is an indication of the acceptance of the allegiance even if there was no shaking of hands. As for the second narration, withdrawing hands indicates the postponement of accepting the pledge of allegiance or that taking the pledge of allegiance happened from behind a veil. This is supported by that narration of Abu Dawud on the authority of Al-Sha’bi that when the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam)wanted to take the pledge of allegiance of the immigrating women he brought a garment and put it over his hands saying, “I do not shake hands with women.” Furthermore, in his book Maghazi, Ibn Ishaq is reported to have said that when the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) wanted to take the pledge of allegiance of the immigrating women, he would dip his hands in a vessel and a woman would dip her hands with him in the same vessel. 

Al-Hafiz Ibn Hajar (rahimahullāh) said: it is possible that taking the pledge of allegiance happened on more than one occasion. Sometimes, it happened without touching hands by any means, as narrated by ‘A’ishah (radiyallāhu‘anha). Another time it happened that the women’s oath of allegiance was accepted by shaking their hands with the Prophet (Sallallāhu ‘alayhi wa sallam), as narrated by Al-Sha’bi. A third time it happened that they dipped their hands in the vessel as mentioned by Ibn Ishaq. 

The most correct view seems to be that it occurred on more than one occasion, if we realize that ‘A’ishah (radiyallāhu‘anha) talked about taking the pledge of allegiance from the immigrating women after the Truce of Al-Hudaibiyah, while Umm ‘Atiyyah talked about what seems to be the oath of allegiance of the believing women in general. 

By transmitting these narrations, I mean to clarify that the evidence of those who are of the opinion that shaking hands with women is prohibited is not agreed upon, as is thought by those who do not resort to the original sources. Rather, there is some controversy concerning this evidence. 

Furthermore, some contemporary Muslim scholars have based their ruling concerning the prohibition of shaking hands with women on the Hadith on the authority of Ma’qil ibn Yassar that the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam) said: “It would be better for one of you to have himself stabbed on the head with an iron needle than to touch a woman that is illegal for him.” [Narrated by Al-Tabari and Al-Baihaqi]

Here, the following should be noted:

1. The scholars and Imāms of Hadith have not declared the authenticity of this Hadith. Some of them say that its narrators are trustworthy, but this is not enough to prove the authenticity of the Hadith because there is a probability that there is an interruption in the chain of narrators or there was a hidden cause behind this Hadith. That is why Muslim jurists in the periods that followed the death of the Prophet (Sallallāhu ‘alayhi wa sallam) have not based their ruling on the prohibition of shaking hands with women on this Hadith. 

2. Some Hanafi and Māliki jurists stated that the prohibition is not proven unless there is a certain qat‘ie (definitive) piece of evidence such as textual proofs from the Qur’ān or authentic Hadiths on which there is no suspicion regarding the chains of narrators. 

3. If we suppose that the above-mentioned Hadith is authentic, it is unclear to me that the Hadith indicates that it is prohibited for males and females who are not mahrams to shake hands. That is because the phrase “touch a woman that is illegal for him” does not refer to the mere touching without desire as happens in normal handshaking. But the Arabic word “al-mass” (touching) as used in the Shar‘ie texts of the Qur’an and the Sunnah refer to one of two things: 

1. Sexual intercourse, as reported by Ibn ‘Abbas (radiyallāhu‘anhu) in his commentary to Almighty Allāh’s saying, ‘… or ye have touched women …’ He stated that “touching” in the Qur’an refers figuratively to sexual intercourse. This is clear in the following Qur’ānic verses that read: “She (Mary) said: ‘My Lord! How can I have a child when no mortal hath touched me?’” (Al-‘Imran, 3: 47) and “If ye divorce them before ye have touched them …” (Al-Baqārah, 2: 237)

2. Actions that precede sexual intercourse such as foreplay, kissing, hugging, caressing, and the like. This is reported from our righteous predecessors in the interpretation of the word “mulamasah”.
 
Al-Hākim stated in his Al-Mustadrak ‘ala as-Sahihayn: Al-Bukhari and Muslim have narrated many Hadiths that show that the meaning of the word “lams” (touching) refers to actions that precede sexual intercourse. Among them are: 

a) The Hadith narrated by Abu Hurairah (radiyallāhu‘anhu) that the Prophet (Sallallāhu ‘alayhi wa sallam) said, “…The hands fornicate. Their fornication is the touch ...” 

b) The Hadith narrated by Ibn ‘Abbas (radiyallāhu‘anhu) that the Prophet (Sallallāhu ‘alayhi wa sallam) said, “You might caress her.”

c) The Hadith narrated by Muslim that Abdullāh Ibn Mas‘ud (radiyallāhu‘anhu) is reported to have said that a person came to Allāh's Messenger (Sallallāhu ‘alayhi wa sallam) and told him that he had kissed a woman or touched her with his hand or did something alike. He inquired of him about its expiation. It was (on this occasion) that Allāh, Subhānahu wa ta’ala, revealed this Qur’ānic verse that reads “Establish worship at the two ends of the day and in some watches of the night. Lo! Good deeds annul ill deeds …” (Hud, 11: 114) 

d) ‘A’ishah (radiyallāhu‘anha) is reported to have said, “The Messenger of Allāh (Sallallāhu ‘alayhi wa sallam)  used to visit us (his wives) and it was his habit to kiss and caress us and do actions other than sexual intercourse until he reached the one whose turn was due and he stayed there.” 

e) ‘Abdullah ibn Mas‘ud (radiyallāhu ‘anhu) is reported to have said in his commentary to Almighty Allāh’s saying, “… or ye have touched women …” that it refers to actions that precede sexual intercourse for which ablution is obligatory. 

f) Ibn ‘Umar (radiyallāhu‘anhu) is reported to have said, “Kissing is to be considered among the touching acts, so perform ablution if you do.” (Al-Mustadrak, vol. 1, p. 135) 

Hence, the opinion of Imām Mālik and the substantial meaning of the legal verdict issued by Imām Ahmad in this respect are that the touching of a woman that nullifies ablution is that which is accompanied by desire. And this is the way they interpreted Almighty Allāh’s saying, “… or ye have touched women …” 

That is why Ibn Taimiyah regarded as weak the opinion of those who interpreted “mulamasah” or (touching) in the Qur’anic verse to mean mere touching without desire. In this regard, he says, “As for the nullification of ablution with mere touching, it does agree with the original rulings of the Sharī‘ah, the unanimous agreement of the Companions and the traceable traditions reported in this respect. Moreover, those who held this opinion have not based their ruling on a textual proof or an analogical deduction.” 

So, if “touching” in Almighty Allāh’s saying “… or ye have touched women, …” refers to touching with hands, kissing or the like, as said by Ibn `Umar and others, then it is known that when “touching” is mentioned in the Qur’an or the Sunnah it refers to that which is accompanied by desire. We would like to cite here the following verse that reads, “… and touch them not, while ye are in retreat (I’tikaf) in the mosques …”

Here, it is not prohibited for the one who retreats to the mosque for devotion and worship to touch his wife without desire, but touching that is accompanied by desire is prohibited. Also, this includes the Qur’anic verses that read “O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon …” (Al-Ahzab,33: 49) “It is no sin for you if ye divorce women while yet ye have not touched them …” (Al-Baqarah,2: 236) For if he (the husband) touches his wife without desire, then the waiting period is not required and he is not required to pay her the whole dowry, according to the agreement of all Muslim scholars. 

So, whoever assumes that Almighty Allāh’s saying, “… or ye have touched women,” includes general touching without desire has exceeded far beyond the language of the Qur’an and that of people. For if “touching” in which a man and a woman are included is mentioned, it is known that it refers to touching with desire. Similarly, if “sexual intercourse” in which a man and a woman are included is mentioned, it is well known that it refers to actual sexual intercourse and nothing else. (See the collection of Fatawa Sheikh Al-Islam Ibn Taimiyah, vol. 21, pp. 223-224) 

In another context, Ibn Taimiyah stated: The Companions had debate regarding Almighty Allāh’s saying, “… or ye have touched women,” Ibn ‘Abbas (radiyallāhu ‘anhu), supported by a group, held the opinion that touching here refers to sexual intercourse and added: Allāh is modest and generous. He euphemizes with what He wills in respect of what He wills. Ibn Taimiyah added: This opinion is believed to be the most correct. 

The Arabs disagreed regarding the meaning of touching: does it refer to sexual intercourse or actions that precede it? The first group said that it refers to sexual intercourse, while the second said that it refers to actions that precede it. They sought the arbitration of Ibn ‘Abbas (radiyallāhu ‘anhu), who supported the opinion of the first group and regarded that of the second as incorrect. 

By transmitting all these sayings, I mean to show that when the word “al-mass” or “al-lams” (touching) is used to mean what a man does to a woman, it does not refer to mere touching but rather refers to either sexual intercourse or actions that precede it such as kissing, hugging, and any touching of the like that is accompanied by desire and enjoyment. 

However, if we investigate the sahih (sound) Hadiths that are narrated from the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam), we will conclude that the mere touching of hands between a man and a woman without desire or fear of temptation is not prohibited. Rather, it was done by the Prophet (Sallallāhu ‘alayhi wa sallam), whose actions are originally a source of legislation. Almighty Allāh says: “Verily in the Messenger of Allāh ye have a good example …” (Al-Ahzab, 33: 21). It is narrated on the authority of Anas ibn Mālik (radiyallāhu ‘anhu) that he said, “Any of the female slaves of Madinah could take hold of the hand of Allāh's Messenger and take him wherever she wished.” (Reported by Al-Bukhari) 

The above mentioned Hadith is a great sign of the modesty of the Prophet (Sallallāhu ‘alayhi wa sallam). 

Furthermore, it is reported in the two Sahihs that Anas Ibn Mālik (radiyallāhu ‘anhu) said, “The Prophet (Sallallāhu ‘alayhi wa sallam) used to visit Umm Hiram bint Milhan, who would offer him meals. Umm Hiram was the wife of ‘Ubadah ibn As-Samit. Allāh's Messenger once visited her and she provided him with food and started looking for lice in his head. Then Allāh's Messenger slept putting his head in her lap, and afterwards woke up smiling. Umm Hiram asked, ‘What causes you to smile, O Allāh's Messenger?’ He said, ‘Some of my followers who (in a dream) were presented before me as fighters in Allāh's Cause (on board a ship) amidst this sea cause me to smile; they were as kings on thrones …’” 

Al-Hafiz Ibn Hajar has mentioned lessons that are deduced from this Hadith: The guest is permitted to nap in a house other than his own on condition that he is given permission and there is no fear of fitnah. According to this Hadith a woman is also permitted to serve the guest by offering him a meal, drink or the like. Furthermore, a woman is permitted to look for lice in his head, but this last was an object of controversy. Ibn ‘Abd Al-Barr said, “I think that Umm Hiram or her sister Umm Sulaim had breast-fed the Messenger of Allāh (Sallallāhu ‘alayhi wa sallam). So, each one of them had become his foster mother or his foster aunt. That was why he (the Prophet) used to sleep in her house and she used to deal with him as one of her mahrams.” Then he (Ibn ‘Abd Al-Barr) mentioned what indicates that Umm Hiram was one of the Prophet’s mahrams, as she was one of his relatives from his maternal aunts, since the mother of ‘Abd Al-Muttalib, his grandfather, was from Banu An-Najjar. 

Others said that the Prophet (Sallallāhu ‘alayhi wa sallam) was infallible and could control his sexual desires even from his wives, so what about other women who were illegal for him while he was granted infallibility from doing any wrong action or obscenity? This was one of his distinctive traits. 

Al-Qadi ‘Iyad replied that the distinctive traits of the Prophet are not proven by personal interpretations of Hadiths. As for his infallibility, it is indisputable, but the original ruling is that it is permissible to take the Prophet’s actions as a model unless there is evidence that this action is one his distinctive traits. 

Furthermore, Al-Hafiz Al-Dumyati said: It is wrong to claim that Umm Hiram was one of the maternal aunts of the Prophet (Sallallāhu ‘alayhi wa sallam) either by reason of marriage or fosterage. Those who breast-fed the Prophet (Sallallāhu ‘alayhi wa sallam) are well known. None of them was from the Ansar except the mother of ‘Abd Al-Muttalib. She was Salma bint ‘Amr ibn Zaid ibn Lubaid ibn Khirash ibn ‘Amir ibn Ghunm ibn ‘Adyy ibn An-Najjar. While Umm Hiram is the daughter of Milhan ibn Khalid ibn Zaid ibn Judub ibn ‘Amir ibn Ghunm ibn ‘Adyy ibn An-Najjar. Umm Hiram has a common ancestor with Salma only in their grandfather ‘Amir ibn Ghunm. So, they are not among his mahrams because it is a metaphorical relationship. Al-Hafiz Al-Dumyati added: If this is proven, it is reported in the Sahih books of Hadith that the Prophet (Sallallāhu ‘alayhi wa sallam) used not to enter any house in Madinah except the house of Umm Sulaim besides those of his wives. When he was asked why, he said, “I take pity on her, as her brother (Hiram ibn Milhan) was killed in my company.” 

If this Hadith has excluded Umm Sulaim, then Umm Hiram is granted the same exclusion as her because they are sisters and resided in the same house; each one of them had her own apartment beside their brother Hiram ibn Milhan. So, the case is mutual between them, as reported by Al-Hafiz ibn Hajar. 

Moreover, Umm Sulaim is the mother of Anas Ibn Malik, the servant of the Prophet (Sallallāhu ‘alayhi wa sallam), and it was the habit of people that the master mixed with his servant and his family and did not deal with them as outsiders. 

Then, Al-Dumyati said: There is no indication in the Hadith showing that the Prophet (Sallallāhu ‘alayhi wa sallam) had khulwa (privacy) with Umm Hiram, as this might have happened in the presence of a son, a servant, or a husband. 

Ibn Hajar replied: This is a strong likelihood, but it does not refute the original argument represented in looking for lice in the head and sleeping in her lap. 

Ibn Hajar added: The best reply is that it is one of the distinctive traits of the Prophet (Sallallāhu ‘alayhi wa sallam) (See Fathul-Bāri, vol. 13, pp. 230-231). 

What I conclude from the aforementioned narrations is that the mere touching is not harām. So, if there exists reasons for mixing as that between the Prophet (Sallallāhu ‘alayhi wa sallam) and Umm Hiram and Umm Sulaim and there is no fear of fitnah, then there is nothing wrong with shaking hands when there is a need for it, such as when returning from travel, the non-mahram male relative visiting his female relative, and vice versa, especially if this meeting happens after a long period. 

Finally, I would like to ascertain two points: 

Firstly, shaking hands between males and females who are not mahrams is only permissible when there is no desire or fear of fitnah. But if there is fear of fitnah, desire, or enjoyment, then handshaking is no doubt harām (unlawful). In contrast, if either of these two conditions (that there is no desire or fear of fitnah) is lacking between a male and any of his female mahrams, such as his aunt or foster sister or the like, then handshaking will be harām (although it is originally permissible). 

Secondly, handshaking between males and females who are not mahrams should be restricted to necessary situations such as between relatives or those whose relationships are established by marriage. It is preferable not to expand the field of permissibility in order to block the means to evil and to be far away from doubt and to take the Prophet (Sallallāhu ‘alayhi wa sallam) as a model when there is no proof that he shook hands with a non-mahram woman. Also, it is preferable for the pious Muslim, male or female, not to stretch out his or her hand to shake the hand of anyone of the opposite sex who is not mahram. But if he or she is put in a situation that someone stretches out his or  her hand to shake hands with him or her, and then he or she can do that. 

I have tried to clarify the detailed ruling of the issue here in order to inform those who are in the dark about it how to behave while sticking to the tenets of their religion. Also, when the detailed Islamic ruling is explained and people are fully aware of it, there will be no room for personal justifications that are not supported by legal backing. 
Allāh Almighty knows best.

And Allāh Almighty Knows best.

[Via On Islam (Ask the Scholar), Jan, 24, 2011]

Please See: A Woman's Mahram