FREE MIXING BETWEEN THE SEXES

IN THE LIGHT OF ISLAMIC JURISPRUDENCE (USUL FIQH)

SUBJECT:CONTEMPORARY ISSUES IN ISLAMIC JURISPRUDENCE

(USUL FIQH)

PREPARED BY:Dr.AZIEZ SALAH EDDINE

Bessami.doc@gmail.com

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TABLE OF CONTENTS

1. Abstract........................................................................................................................ 3

2. Introduction.................................................................................................................. 4

3. Definition..................................................................................................................... 4

4. Source of Islamic Jurisprudence................................................................................. 5

5. Mixing in the light of the Quran ……………………………...…………………….. 5

6. Mixing in the light of the Hadith…………………………………………………….. 6

7. Qiyas (Analogy) …………………………………………………………………….. 9

8. The opinion of Islamic jurists from various Islamic schools ……………………….. 9

9. Sadd Dzaraai ……………………………………………………………………….. 12

10. Mixing in light of the Maqasid shariah....................................................... ………..12

11. Conclusion...................................................................................................................13

12. References................................................................ ..................................................15

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ABSTRACT:

This paper is sought to provide the study of free mixing issue. When we observe this

phenomenon increases time after time in many era (education, companies, Islamic

universities...) which lead to real mafsadah. Such as the destroyed one of the five pillars of

Maqasid Shariah that is the protection of dignity (‘Ird). Under this context this paper tries

also to highlight this phenomenon according to Islamic perspective for preventing our ummah

from its dangerous consequences especially in the Islamic education areas like sekolah,

college, and university... this study will provide the past and contemporary Muslims scholars’

opinion based on the sources (primary and secondary) of Islamic shariah.

Keyword: free mixing, Islamic jurisprudence, and maqasid shariah

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1. 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 and there are many evidences

establish the principle of not mixing between the sexes.

Nowadays, there are many of theses that said: Islam does not prohibit the mixing of

the sexes without khalwat, and some of them claimed that the use of the term "ikhtilat”

(close-proximity) 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!?

2. DEFINITION

Definition of mixing

According to Ibn manzour in his book (lissan al arab) ikhtilat meaning it: Mixing

thing.... blended1.

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 of free mixing

is gathering of Muslim men and women with hijab without partition and/or without a

designated area for either gender.

According to Abdul Karim Zidane2 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.

1See,Ibn manzour, lissan al arab, 7/291-295.and chihab el-fayoumi, misbah el munir, 1/177.2 Abd el –karim zidane, ahkam el-maraa wa bait el-muslim fi shariah islamia.

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Definition of usul fiqh

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

Shari`ah ruling from their sources.

3. THE SOURCES OF ISLAMIC JURISPRUDENCE

The sources of Islamic law mainly consist of primary and secondary sources. The

former comprises of the Qur’an, Prophetic Tradition, consensus (Ijma) and analogy (Qiyas).

The latter includes Istihsan, Istishab, Masalih Mursala, Sadd Zaraai, Mazhab Sohabi, shar’u

Man Qoblana and Urf.

4. MIXING IN THE LIGHT OF THE QURAN

There many verses in the Quran talk about the free mixing between man and woman.

1. 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 and the necessity that should not be exaggerated.3

From this story, we can easily deduce the following principles:

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’).

3 https://www.youtube.com/watch?v=kgaWIviL2y4

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2. ب: ] ا ز ح ال 53ا ] ( لقلوبكم أطهر ذلكم حجاب وراء من فاسألوهن متاعا سألتموهن وإذا

ن ه ب و ل ق ى (و ل ا ع ت ه ل ل ا ل ا :ق

The meaning: “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”.4

The rule of evidences in this verse is:

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

B. Al amru bi al-shaii nahyun ‘an dhiddihi : meaning that asking them with mixing and

without hijab is forbidden.

C. 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.

: ] [ ): االحزاب )ة *ي +ه*ل ـ ج- ل ج- -ر/ -ب ت جن- -ر) -ب -ت و-ال 2ن) *ك 2وت 2ي ب ف*ى ىو-ق-رن- تعال الله ل�قال ٱ ل� . 3]33ل�

The (Meaning):“And stay in your houses, and do not display yourselves like that of

the times of ignorance” [al-Ahzab 33:33].

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

Mujahid (disciple of Ibn 'Abbas) interpreted the word (tabarruj al jahiliyah) as women were

walks outside their house between men in free mixing.

The main rule of evidence in the verse is:

A. Al-amr lil-wujub :a command (ن ر ق .on the verse is indicative of an obligation (و

4 Ibn Katheer el-dimashki, tafsir ibn Katheer, dar taiba li-nashr, 2002, 6/425.

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5. MIXING IN THE LIGHT OF THE SUNNAH:

There many hadits talk about the free mixing between man and woman.

ت� " ". .1 ي� ت� ت� ت ت� ه� �� ت ل ت� و س� ت� ا ت� ه� ا ت� ت��ي� ل ت� �ه �ل س� ت� ت� ا ت ت ه! ا ت" ن# ل ى ت� ت& ت� و س' س�) ل ت( ي* س+ ا �� ت ه, ت� ا ت- * � � ) � ي � & � � ل ى � ص ه� �� ت ل ت� و س� ت� ت�0 ت� ، ر� �ه ا ت& ه� ي3 ت4 ت5 ي س& ي� ت&

س6. " " يو ت7 يل سو ي7 ت8 يل ت� ا ت- تو ي7 ت8 يل .

`Uqba bin 'Amir Narrated: 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.5

The main rule of evidence in the verse is:

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

the ladies

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

forbidden.

C. The word (the entering upon) indicates the generality. According to Ibn Hajar and

Amin Al Shinqiti, this include all free mixing whether that mixing with khalwat or

without it.

2. ا :" ه ر خ آ ء سا ن ل فا و صف ر ي خ و ا ه ر خ آ ا ه شر و ا ه ل و أ ل ا ج ر ل فا و صف ر ي خ ص ه ل ل ا ل سو ر ل ا ق

أولها "وشرها

Abu Dawud narrated the following hadith: 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).”

In this hadith, 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.

5 Muhammad Ibn Ismail Bukhari, Sohih Bukhari (5232).

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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." 6

3. 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”.7

Ibn 'Umar, until he died, never again entered through that door.

4. : [ ] " ت49 ه: ت&ا ي� ت� ت+ا &طا! �& ل5خا�ي �(ى ي* س? سط هل تخا س@ تل� ه� ت�ا ن� ل ي� �ه Aة ت� Cي Dت Eس سطو 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 (

used to perform Tawaf with the men?' I said, 'Was this before decreeing of the use of (ملسو هيلع هللا ىلص

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.”8

Ibn hajar said (A�ت Cه Dت ): Isolated, solitary. Aishah used to go around the Ka'bah at a good

distance from the men and avoided mixing with them.

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.

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."9

6 Abu Dawud Sajistani, Sunan Abu Dawud, Tashih Albani,[5262], 2/790.7 Abu Dawud Sajistani, Sunan Abu Dawud, Tashih Albani, 1/179.8 Muhammad Ibn Ismail bukhari, sohih bukhari, [1539], 2/585.9 Ibn hajar el askalani, Fath al-Bari sharh sahih el-boukhari, (2/466).

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5. " : : 2ول-ى فإناأل? )ظ?ر-ة- )ظ?ر-ة-الن *ع?الن ?ب 2ت ت ال- ياع-ل*ي/ رضياللهعنه Gع-ل*ي* قالرسولاللهصلىاللهعليهوسلمل رضياللهعنهقال ?د-ة- 2ر-ي عنب

Aس ت� ه' آ� يل لك ي� ت" يي تل ت( ."لك

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. In this situation, how can we avoid (look) in free mixing?

6. QIYAS (ANALOGICAL DEDUCTION):

ت� : [ �� ت ٱل ت�0 ه, ل** س? تل ىى ت+ Kل ت� تك هل ٲ Mت ل** س? ت� ) س� س ي و Oس Pت ل8 ت� ت( ل* Qه ه� Rى ت� ل3 ت� ل� �ه ي و Sس� Tس ت� ت� ي ه# �ه Uل س7 ل� نل � س- ى ل ا ع @ � � ل � ا -

*ال) إ -ه2ن) -ت ز*ين 2بد*ين- -ي و-ال وج-ه2ن) ف2ر2 -حف-ظن- )و-ي ن +ر*ه* -بص-ـ أ ن م* -غض2ضن- *ي +ت -ـ Pلم2ؤم*ن لل 2 و-ق -ع2ون- -صن اي *م- ب *ير2 ب لWخ- Xل Yل Wل ل0 Z ل ل] ل�ل\ ل[ س� ر

: ] [ النور -م*نه-ا* ظ-ه-ر م-ا * ]31-30ل0

Meaning: “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. 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] 

: الطريق حق من أن عنه الله رضي سعيد أبي حديث في والسالم الصالة عليه النبي ذكر

" البصر" غض

In above evidences, we have the concept of Haram looking. Meaning that, Allah has

commanded both believing men and believing women to lower their gaze. The analogical

deduction is if Allah (SWT) forbids the looking, that means free mixing is prohibited in

priority.

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7. THE OPINION OF MUSLIM SCHOLARS

Hanafi Islamic school:

We have many Hanafis scholars who wrote about this issue in this principle following

book:

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."10

Badruddin Al Ainy mentioned in his explanation of the Sohih bukhari about the

hadith of Janazah when the prophet SAW ordered the woman to go home to avoid the

mixing between men and women which lead to fitnah.11

Al Hamawy mentioned in his book, the marriage celebration (Walimah) is haram, if

the free mixing between men and women cannot be prevented.12

Ibn Abidin stated that the woman cannot go out for welcoming the Sultan for

preventing the free mixing.13

Maliki Islamic school

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.

Ibn Abu Zaid Al qairawany stated in his book: you must accept the invitation for

marriage celebration if there is no munkar such as the free mixing between man and

women.14

10 Al-Sarakhsi, Al-Mabsut (16/80).11 Badruddin Al Ainy, Umdat Al Qari, 8/111.12 Al Hamawy, Ghamzu Uyun Al Bhashair, 2/114.13 Ibn Abidin, Hasyiat Ibn Abidin, 6/ 355.14 Ibn Abu Zaid Al Qairawany, Al Risalah Maa Sharh Al Nafrawi, 2/ 322.

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Sahnun and Ibn Arafah stated that the judge must take specific day for judgment for

woman and specific day for men to prevent the mixing between them.15

We can see another fatwa in this issue from other Maliki scholars such as Ashab, Ibn

Abdil Hakam, etc.

Shafii Islamic school:

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.16

Abu Ishaq Shairazi comments that the jumat prayer is not obligatory for women and

another to prevent the mixing which is forbidden.17

We can see other opinion from the greater shafii scholars on this issue who are no

agree the free mixing such as Ibn hajar al haithami, al Ramli, Ibn hajar al asqolani, khatib

sharbini and Ibn Abd Salam.

Hanbali Islamic school:

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.

ibn jauzi did not agree on what the qussas(who recite stories) gather both woman and

men for recite their old story to prevent free gathering.18

Ibn Rajab said the Islamic legislation based upon segregation between the sexes to

prevent any ways lead to mafsadah and fitnah.19

15 Sahnun, Hashiah Al Showi Wa Hashiah Al Dasuqi, 8/306.16 Nawawi, Al-Majmu, (8/140)]17 Abu Ishaq Shairazi, Al Muhazzab, 4/350.18Ibn Jauzi, Kashf Al Musykal Min Hadith Sahihaini, 1/776.19 Ibn Rajab, 2/134

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Ibn Najjar said that prophet SAW and his companions stayed after solat until the

woman to live the masjid in other to prevent the mixing.20

We can see the similar opinion from the greater hanbali scholars such as Ibn

Qudamah in Al mugnhi , Ibn Taimiah in his book Iqtida shirot Al mustaqim, and al Bahuti.

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.

Shaukani in his comment on the ummu salamah hadith when the prophet saw stayed few time

after salam for giving time the ladies to live the masjid because prevent the mixing both of

woman and men in street of madinah.21

Many scholars support this view such as Abdul Rahman al juzairi in fiqh ala al mazdahib

al arbaah, Muhammad khadir Husain in Majallat al hidayah al islamiyyah, Musthafa sibaai

in his book al maratu baina al fiqh wa al qanuni, Muhammad Amin al Shinqiti in Adhwaa al

abyan, Ali Thantawi in dzikriyyat al thanthawi, al sha’rawi in fatawa al sha’rawi and

Muhammad jamil zinou in taujihat islamiyah lil islah al fard wa al mujtama’.

8. 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.

: ]( ) : االسراء [ *يال ب س- اء- و-س- ة] +ح*ش- -ان-ف-ـ ك )ه2 *ن إ -ى+_* ن Pلز? 2وا ب -قر- -ت و-ال تعالى الله ةAقال ة ۥ * ]32لbٱ

Meaning: “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

20 Ibn Najjar, Maunah Uli Nuha,2/400.21 Shaukani, Nailul Authar, 2/364

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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.

9. 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

We have three categories The Essentials (Daruriyyat) ,The Complementary (Hajiyyat)

and The Embellishments (Tahsiniyyat) . And there are five essentials: Protection of religion

(al-din), Protection of life (al-nafs) ,Protection of dignity (al-’ird), protection of mind (akl)

and Protection of property (al-mal) all nick named al daruriyyat al khamsah.

Protection of dignity (al-ird):

Islam is very concern about dignity of a person. It also ensures 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 it’s 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 scholars of Islamic jurisprudence: tahqiq

al manat (verification of the basis of the rule). The conclusion is: the segregation is

commanded (compulsory)

10. CONCLUSION:

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Through this study, it is clear that the free mixing is not new issue like what

mentioned by some scholars which agree the free mixing upon some criteria. But it is the old

issue that happened since the early time (prophet and companions era). However, after we

have observed all islamic instruction which indicate for eradication of free mixing which lead

to the mafsadah. As we know the Islamic law is based on achieving the interest (maslahah)

and removing the evil (mafsadah). And removing evil is by its eradication or by blocking the

means which lead to it.

Finally we conclude From the above evidences (verses of Quran, Hadiths, Maqasid

Shariah, opinions of the Muslim scholars from many countries and different eras, and Islamic

schools, oldest and contemporary), it’s 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, because is no ijtihad or urf when there is evidence.

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REFERENCES

Abd El –Karim Zidane, Ahkam El-Maraa Wa Bait El-Muslim Fi Shariah Islamia.

Abu Dawud Sajistani, Sunan Abu Dawud.

Abu Ishaq Shairazi, Al Muhazzab.

Al Hamawy, Ghamzu Uyun Al Bhashair.

Al-Sarakhsi, Al-Mabsut (16/80).

Badruddin Al Ainy, Umdat Al Qari.

Chihab El-Fayoumi, Misbah El Munir.

Ibn Abidin, Hasyiat Ibn Abidin.

Ibn Abu Zaid Al Qairawany, Al Risalah Maa Sharh Al Nafrawi.

Ibn Hajar El Askalani, Fath Al-Bari Sharh Sahih El-Boukhari.

Ibn Jauzi, Kashf Al Musykal Min Hadith Sahihaini.

Ibn Katheer El-Dimashki, Tafsir Ibn Katheer, Dar Taiba Li-Nashr, 2002.

Ibn Manzour, Lissan Al Arab.

Ibn Najjar, Maunah Uli Nuha.

Ibn Rajab, 2/134

Muhammad Ibn Ismail Bukhari, Sohih Bukhari.

Nawawi, Al-Majmu .

Sahnun, Hashiah Al Showi Wa Hashiah Al Dasuqi.

Shaukani, Nailul Authar.

INTERNET:

https://www.youtube.com/watch?v=kgaWIviL2y4

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