Question:
Assalamualaikum, what is the ruling if I sat beside a non-mahram to learn in class. The reason for this is because I arrived late for class.
Answer:
Waalaikumusslam wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
First, we will analyze the meaning of mahram. Lexically, there are several definitions for the word mahram. Among them we surmise into the following points:
- Individuals who are prohibited to be married to due to relations of the womb or family member.
- Something that is prohibited by Allah SWT.
Whereas, the jurists used the term mahram to describe: “A person who is haram for us to marry and the prohibition is eternal (al-ta’bid) for mubah reasons not because of their honour neither was it because there is a temporary obstruction.” Refer Kaasyifah al-Saja, Nawawi bin ‘Umar (pg. 114).
In explaining the meaning of the sentences according to the above definitions, we detail them as the following:
For eternal (ta’bid) prohibition, it means: It does not include sisters of the wife. The same for paternal and maternal aunts of the wife. The reason is the prohibition is only when they are assembled together (which means they are haram to be married simultaneously such as the maternal and paternal aunts or sister of the wife).
While the meaning “not due to their honour” refers to the wives of the Prophet PBUH. The reason is they are prohibited from being married to due to their honour. They are haram for the whole ummah as well as other prophets.
The meaning of “not because of temporary obstruction” are majus women or women who renounced Islam. The reason is the prohibition is temporary. Thus, it is permissible to marry them when they embrace Islam.
The explanation regarding who are categorized as mahram is stated in the statement of Allah SWT:
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ ۗ إِنَّ اللَّهَ كَانَ غَفُورًا رَّحِيمًا
“Prohibited to you [for marriage] are your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your [milk] mothers who nursed you, your sisters through nursing, your wives' mothers, and your step-daughters under your guardianship [born] of your wives unto whom you have gone in. But if you have not gone in unto them, there is no sin upon you. And [also prohibited are] the wives of your sons who are from your [own] loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.”
Surah al-Nisa’ (23)
Imam al-Mawardi Rahimahullah cited the words of Imam al-Syafi’e who said:
أَصْلُ مَا يَحْرُمُ بِهِ النِّسَاءُ ضَرْبَانِ أَحَدُهُمَا بأنسابٍ، وَالْآخَرُ بأسبابٍ مِنْ حَادِثِ نكاحٍ أَوْ رضاعٍ
The original condition by which a woman is considered one’s mahram is divided into two parts. First is nasab (lineage) and second, asbab (reasons), which is a result from marriage or breastfeeding (nursing). Refer Al-Hawi Al-Kabir, Al-Mawardi (9/196).
Then, Imam al-Mawardi explained it further by saying: Mahram women are of two categories. First: The individual is prohibited forever. While the second part is those who are prohibited to be married concurrently (at the same time). And for the category of which it is prohibited forever, it is further divided into two parts; those who are prohibited due to nasab (lineage) and asbab (marriage and breastfeeding). Refer Al-Hawi Al-Kabir, Al-Mawardi (9/196).
The implication of mahram in the category of nasab and asbab (marriage and breastfeeding) is as follows:
- Prohibited to be married to.
- Permissible to shake hands with.
- Permissible to be alone with.
Coming back to the presented question above, generally, the women who are included in the above verse 23 from surah al-Nisa’ are non-mahram for a man, in other words they are ajnabiyyah women. Thus, the implication for this in terms of relationship is as the following:
- First: It is permissible to marry an ajnabiyyah woman.
- Second: It is impermissible to shake hands or have physical contact with her.
This is in accordance with a hadith narrated by Ma’qil bin Yasar Ra, where the Prophet PBUH said:
لَأَنْ يُطْعَنَ فِي رَأْسِ أَحَدِكُمْ بِمِخْيَطٍ مِنْ حَدِيدٍ خَيْرٌ لَهُ مِنْ أَنْ يَمَسَّ امْرَأَةً لَا تَحِلُّ لَهُ
“If a person is pricked with a needle it is better for him compared to him touching an impermissible for him.”
Narrated by al-Thabrani (486)
The same is said in the statement of Allah SWT:
قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ
“Tell the believing men to reduce [some] of their vision and guard their private parts.”
Surah al-Nur (30)
Imam al-Nawawi Rahimahullah said:
وَقَدْ قَالَ أَصْحَابُنَا كُلُّ مِنْ حُرِّمَ النَّظَرُ إلَيْهِ حُرِّمَ مَسُّهُ وَقَدْ يَحِلُّ النَّظَرُ مَعَ تَحْرِيمِ الْمَسِّ فَإِنَّهُ يَحِلُّ النَّظَرُ إلَى الْأَجْنَبِيَّةِ فِي الْبَيْعِ وَالشِّرَاءِ وَالْأَخْذِ والعطاء ونحوها ولا يجوز مسها في شئ من ذلك
Our ashab has stated that all individuals that are prohibited for us to see are also prohibited for us to touch. And it may be permissible to look (at someone) but at the same time it is prohibited to touch. Indeed, it is halal to look at an ajnabiyyah woman in issues of trade, taking and giving something, however, it is impermissible to touch her in these situations. Refer Al-Majmu’ Syarah Al-Muhazzab, Al-Nawawi (4/635).
Third: It is impermissible to be alone with her.
Being alone with a non-mahram is prohibited in Islam. This is according to a hadith narrated by Ibn Abbas RA, where the Prophet PBUH said:
لاَ يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ إِلاَّ وَمَعَهَا ذُو مَحْرَمٍ
"No person (man) should be alone with a woman except when there is a Mahram with her."
Sahih Muslim (1341)
Imam al-Nawawi Rahimahullah when commenting on the hadith said: The meaning of the hadith is: “A man should not be alone with a woman unless there is the presence of her mahram. And if an ajnabi man is alone with an ajnabiyyah woman without a third person present, then it is haram according to the consensus of scholars. The same (ruling) for if the woman is with someone of whom they are not ashamed with due to the person’s young age such as a really young child of two or three years old and others, if their presence is the same as if there is no one else present.” Refer Syarah Sahih Muslim, Al-Nawawi (9/109).
Conclusion
To conclude, we would like to state that it is not an issue for a man to sit beside a non-mahram woman in class if there is no other place to sit. This, considering that he is not alone with the woman and the class is full of other students. However, the limitations of relations should be maintained so that there is no physical contact between them.
Lastly, may Allah SWT give us all the correct understanding in religion. Amin.