8.3.5 The Public and Private Life

In an Islamic society, there are two types of areas where men and women come into contact with each other, which are quite different in their descriptions and in the ahkam (rules) which relate to them. The nature of the interaction between people in them may involve the mixing among men, among women, and between men and women. These are :

The Public Areas - These consist of areas wherein anybody can be present without permission, e.g. the mosque, the streets etc.

The Private Areas - These are areas where permission is required to enter them, such as houses. In such areas, it is forbidden to enter without permission, or even to look inside. Sahl ibn Sa’ad narrated, “A man peeped through a round hole into the dwelling place of the Prophet (saw) while he had an iron comb with which he was scratching his head. He (saw) said, ‘Had I known you were looking (through the hole) I would have pierced your eye with it (the comb). Verily, the order of taking permission to enter (a dwelling place) has been enjoined because of that sight (that one should not look unlawfully at the state of others)’. ” Bukhari

Islam defines rules which regulate relationship between men and women.

The Private Life

This concerns the conduct of people when they are in the private areas. Here, the principle is that mixing between unrelated (non-mahram) men and women is forbidden as a general rule. However, the Shari‘ah gives permit for mixing to occur under certain special circumstances. In all these cases, a woman must have a mahram (non-marriageable relative) in her presence. The areas include:

  1. Medicine : It is allowed for men and women to mix for the purpose of seeking medical treatment.
  2. Studying : It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah.
  3. Marriage : It is permitted for men and women to be present in the same place for the purpose of performing, witnessing or celebrating a marriage.
  4. Food : Men and women may eat together in the same place.
  5. State Arrest : In any issues involving the affairs of the State, it is permitted for the police on the authority of the Khaleefah, to enter into a private place where women may be present, if this is required for them to conduct their business.
  6. Duress or Compulsion : At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.

The Public Life This concerns the conduct of people when they are in the public areas. Here again, the principle is that mixing between unrelated (non-mahram) men and women is forbidden as a general rule. However, the Shari‘ah gives permit for mixing (in the sense of presence in the same area) to occur under certain special circumstances. In all these cases, it is not a condition that a woman has a mahram in her presence. The areas can be broadly categorised to include :

  1. Every day life affairs : This involves the unavoidable interaction between men and women in areas like streets, mosques, markets, hospitals, businesses, offices, airports, while performing the Hajj etc.
  2. Da‘wah : For the purpose of inviting non-Muslims to Islam, or teaching the Muslims about the deen, men and women may be present in the same public area, e.g. public halls, lecture rooms etc.
  3. Seeking Knowledge : For the purpose of education, men and women may study in schools, universities, colleges as long as they are public places that do not require permission for entry.

In all these cases, where men and women are present at the same time, there must not be free mixing, where both sexes are mingling with each other. Rather, the men and the women must be separated, such that for example, the women are at the back of the room and the men are at the front. The general rule is that any contact between members of the opposite sex is minimised as much as possible, so any contact between members of the opposite sex must be necessary to the business at hand. Thus in the Islamic State, for example, in the trains or buses there would be separate areas for men and women.

In any case, the activities which are occurring must be halal (i.e. permitted) in nature. Accordingly, mixing between non-mahram men and women for the purpose of amusement, leisure-actvities or entertainment is strictly prohibited. Thus issues such as boyfriend/ girlfriend relationships, dating, or enjoying leisure and company with unrelated women is haram. However, Islam does see these types of activities as acceptable, but only when regulated within the framework of marriage.

Superior Economic Model : Islamic System

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