The Prohibition of Men Looking at Non-Muslim Women

To support the validity of an opposing view, some have cited statements from Ḥasan al-Baṣrī and Ibrāhīm al-Nakha‘ī found in biographical works. Biographical works are of course not suitable for sourcing fiqh rulings. Furthermore, isolated statements from early imāms without established madhhabs are not followable. As Ibn Rajab al-Ḥanbalī (736 – 795 AH) explains, because their madhhabs did not become popular or widely followed, “something they did not say may be attributed to them or understood in a way they did not intend”, and there is no one to defend their views or correct any errors, unlike the well-known madhhabs. (Majmū‘ Rasā’il al-Ḥāfiẓ Ibn Rajab al-Ḥanbalī, al-Fārūq al-Ḥadīthiyyah, 2:626).

The statement of Ḥasan al-Baṣrī is recorded in al-Asmā’ wa ‘l-Kunā (no.1139) by Abū Bishr al-Dūlābī (224–310 AH), where Ghālib al-Qaṭṭān asks: “We sell cotton, and women from the disbelievers come to us and we see their hair?” Ḥasan al-Baṣrī responded: “There is no harm in it.”

Abū Bishr al-Dūlābī, despite being a knowledgeable historian, is not considered a reliable narrator by Ḥadīth critics. Furthermore, Ḥasan al-Baṣrī ruled that one must avert his gaze from non-Muslim women revealing their head and chest, as recorded in Ṣaḥīḥ al-Bukhārī, putting further doubt in the authenticity of this statement.

Even if authentic, it could mean that Ḥasan al-Baṣrī was referring to accidental glances at their hair in the market rather than ruling that their hair is not ‘awrah and allowing deliberate or lingering looks.

The narration of Ibrāhīm al-Nakha‘ī is found in Tārīkh Yaḥyā ibn Ma‘īn Riwāyat al-Dūrī (no.4649), where Mustaghfir al-Bajalī asks Ibrāhīm al-Nakha‘ī: “We trade cotton garments with the disbelievers and then see the stomachs and hair of their (women).” Ibrāhīm al-Nakha‘ī replied: “They have no sanctity.”

Mustaghfir al-Bajalī is not among the well-known reporters from Ibrāhīm al-Nakha‘ī, unlike figures such as Manṣūr ibn al-Mu‘tamir, Sulaymān al-Aʿmash, Ḥammād ibn Abī Sulaymān and Mughīrah ibn Miqsam. In fact, he is not a well-known reporter at all, with only Sufyān al-Thawrī narrating from him. (al-‘Ilal wa Ma‘rifat al-Rijāl, no.1060) His report therefore cannot be depended on for such a significant issue.

The phrase “they have no sanctity” was also reported from ‘Umar ibn al-Khaṭṭāb and ‘Alī ibn Abī Ṭālib رضي الله عنهما. ‘Umar رضي الله عنه used it regarding a wailing woman being punished, during which her scarf fell, and he said: “She has no sanctity.” (Muṣannaf ‘Abd al-Razzāq, Dār al-Ta’ṣīl al-Ṭab‘at al-Thāniyah, no.6887, 6888). Meaning, in the context of her crime, she temporarily loses her sanctity to the extent that the punishment can be carried out. (Sharḥ Adab al-Qāḍī, Maṭba‘at al-Irshād, 2:341) ‘Alī رضي الله عنه used it in the context of slavewomen being sold, referring to a well-known fiqh view that the ‘awrah of slavewomen is less than that of free women. (Muṣannaf ‘Abd al-Razzāq, no.14123)

Thus, if Ibrāhīm al-Nakha‘ī’s statement is authentic, it likely refers to non-Muslim slavewomen brought for trade. Alternatively, it might mean that accidental glances in situations of necessity are excused, not that he allowed deliberate or lingering looks.