[kertUtire]

I think one thing we forget as a Sunnah of Rasullulah (S.a.w) is his kindness and his politness. As we are in a non Muslim area sometimes we will be forced to do things that we do not find correct, but we must remember that politeness is something very important, so if you choose not to shake hands with the girl, find the most polite and most kind way to approach it. Remember to tell her its to protect her that you do not shake her hand, or if shes so inclined to shake your hand, tell her you cant touch the skin, but you can put some cloth or something on your hand and shake it without touching her and without making her feel bad.

[GetsTan]

She's relating the comments of Qaradawi/Turabi I believe, as related here. Plus see Ohossino's post..

[NEWyear]

> "2246 The safer legal position is that the man should try his best
not > to touch an unrelated woman (even casually)
> who is not his wife."
>
> The safer legal position? I thought this was the ONLY legal position?
> Isn't there 'ijma that you cannot touch an unrelated woman who is not
> your wife (not include necessary times)? > Could you please explain the position of Ijma' in the Maliki school? I have heard
> from Shafi'i sources that Ijma' is the consensus of all of the Mujtahid's of a
> particular time. How is it possible to know of all the Mujtahid's of a particular
> time? I'm not sure if there were mujtahid Imams in China, but prior to modern
> communication, it would seem difficult to get all the info.

As you note, it is impractical to say that Ijma' included each and every scholar.
There are detailed discussions of this elsewhere. However if you are looking
for one work that gathers together the agreed upon Ijma` opinions in
our din, please refer to Ibn Qudamah al-Maqdasi's al-Mughni or Ibn Juzayy
al-Kalbi's al-Qawanin al-Fiqhiyyah.

Ijma` may be taken from the preponderance of the scholars at a particular
time (e.g., 95%).

We believe that the Malikis mostly use Imja` for referring to the Ijma` of the
people of Madinah. Since this is easily definable as: the consensus of the
scholars who lived or taught in Madinah in the first two to three centuries
of Islam (thus, the Companions, the tabi`in and the tabi` al-tabi`in are
included).

Imam Malik has said: The consensus of all of the scholars of Madinah is
a [strong] argument [and proof].

[As a side note, after the third century of Islam up until our day, many
would-be scholars claim Ijma` on subjects on which Ijma` is probably not
provable. They do this to re-enforce their opinion or the opinion of their
teachers. Ibn Qudamah's book mentioned above is probably the best one
that sorts things out.]

References:
[UF: volume 1: page 488: line(s) 6-7: {Imja`, Ijma` in the time of the Mujtahid Imams}]
[UF: volume 1: page 505: line(s) 9-12: {Ijma`, Ijma` Ahl al-Madinah}]

[farmarrl]

Bro
whenever keep a handerkercheif with u all the time and when ever you think the situation will arise then have it out, i.e. hold it, they wont put their hand out to u as they will think you have a flu
This has worked for many

[NEWyear]

Odd.

Shaykh Faraz: "The ruling across the madhhabs is that it is not permitted to shake hands with someone non-related of the opposite sex."

Also read: http://www.sunnipath.com/resources/Q...A00001353.aspx

YES! And this is the Maliki madhab's position!

Shaykh Abu Qanit al-Hassani also never said it was halal to shake hands, if you read his response carefully.

[NEWyear]

In the Name of Allah, the Merciful, the Powerful

Assalamu `Alaykum.

Dear Honest Student,

Sidi, you wrote:

> "2246 The safer legal position is that the man should try his best
not > to touch an unrelated woman (even casually)
> who is not his wife."
>
> The safer legal position? I thought this was the ONLY legal position?
> Isn't there 'ijma that you cannot touch an unrelated woman who is not
> your wife (not include necessary times)?

Touching is of various types and there would be difference about
the extremely casual type of touching, such as "palm-taps" (the two
people join the underside of the fingers or palm for a second or two
as a greeting) which have been prevalent in North Africa between the
genders for many centuries now up from the very beginning of Islam
reaching this part of the world without major and pronounced disavowal
from the main knowledge centers.

As a person learns more and travels more, one realizes that the issues
with absolute ijmaa` are not that many and those that have absolute
ijmaa` (for an issue like this) would need more qualifying details,
such
as the age difference between the two people and the absolute
undeniablity
of the touching being for sensual purposes.

> I was always of the impression that it was "agreed upon by the 4
legal
> schools." So does that mean that in enjoining the good and forbidding
> the evil we DO or DO NOT tell a Muslim to not touch an unrelated
woman?

We would recommend books such as Bidayatu l-mujtahid, al-qawanin
al-fiqh-
hiiyah, and al-Mughni by Ibn Qudama (which list the points of ijmaa`)
to
point you in the correct direction and make you realize that many
closed-
minded people today who appear to be (externally) religious (and rigid)
do themselves harm (in respect to their standing with Allah and their
position in the next life) by speaking authoritatively about the din in
blanket statements which they are not qualified nor learned enough to
utter - and Allah has told us not to speak about Him or His din without
solid knowledge.

Then, we would instruct these people who claim ijmaa` on such an issue
to demonstrate the clear prohibition/command which is contained in the
Qur'an (about the issue) or the *mutawatir* (4 or more independent
chains) and authenticated hadith which contain the prohibition/command.
And (since we know about the primary texts which deal with this
issue), we state that they will not be able to fulfill this requirement
-
and whenever this requirement is not fulfilled, it opens the door
to various differences in branch rulings.

The recommended position on this issue has already been narrated by
us in the Explanatory Notes of the Guiding Helper in the footnote
you quoted.



Wassalamu `alaykum wa rahmatullah

Abuqanit Hasani
Main Author



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[GetsTan]

Yeah, but if there is a legitimate difference of opinion, then it's tough to say that questioning it is kufr..

[NEWyear]

Rejecting a haraam borders on kufr.

Isn't this a haraam in which there is 'ijma on?

Then, we would instruct these people who claim ijmaa` on such an issue
to demonstrate the clear prohibition/command which is contained in the
Qur'an (about the issue) or the *mutawatir* (4 or more independent
chains) and authenticated hadith which contain the prohibition/command.
And (since we know about the primary texts which deal with this
issue), we state that they will not be able to fulfill this requirement
-
and whenever this requirement is not fulfilled, it opens the door
to various differences in branch rulings. - Shaykh Abu Qanit al-Hassani

[UKkoXJvF]

Assalamu Alaikum,

In many situations, shaking hands is a formality, as long as there is no fear of temptation or desire, I don't see the harm in it. So for instance if say you had a job interview and the interviewer was of the opposite gender and they put their hand out to shake with yours, that I think is fine. However, if you're at uni and a fellow student (of the opposite gender) says hi and puts their hand up for a high five, tell them you don't shake hands with people of the opposite gender.

Walaikum Asalam.

Rejecting a haraam borders on kufr.

"It is not permissible for you to shake your hands with any non-Mahram women." -- Mufti Ebrahim Desai. (and vice versa).

[NEWyear]

Ohossino's post referred to the Maliki Madhhab, the sister has indicated she is Hanafi.

Allahu Alam.

And remember it's not saying that it's okay! And it's NOT the Maliki opinion narrated in the Guiding Helper!! It's just saying that there is no 'ijma on the matter AND that non-sensual, casual, brief touching of the palms and inner hand was done by members of the opposite gender in Northern Africa.

[NEWyear]

May be you ought to have made clear to the shaykh that Maulana Faraz wasn't commenting on anything that he had said. Also perhaps it might be against adab ul `ilm for a taalib to bring statements of contemporary scholars to his Shaykh?

Good point, thank you for clarifying.

I don't think he thinks that Shaykh Faraz was comentating on anything he said, and if he does, I think he is tired of discussing the subject so emailing him another time would be overkill.

Also the only reason I was brining statements of contemporary scholars to him was for clarification on his point which was being debated here; not to start a "Fiqh War." But, thank you very much for your sincere nasiha, May Allah (SWT) reward you.

Shaykh Abu Qanit al-Hassani is very well qualified.

Abuqanit Hasani has been studying Jurisprudence formally for over
ten years. Although this is not a very long time, those that have
in actuality studied with him in person (a rare few) agree that
he is far more qualified and understands the issues at a far greater
depth than the average gray-bearded sheikh alive today who
may claim to have been studying for thirty or forty years.

As for the texts he has studied with `Ali Filali and his other Teachers,
they are about fifty substantial Arabic texts, such as the over twenty
volume Tafsir Imam al-Qurtubi, the eight volume al-Khurashi Sharh
Mukhtasar Khalil, Tuhfah al-Hukkam, al-Qawanin al-Fiqhiyyah, the
various available shuruh of al-Murshid al-Mu`in, al-Khulasah
al-Fiqhiyyah, al-Mudawwanah al-Kubra, Muqaddimat ibn Rushd,
etc.

Additionally, he has perused many traditional and ancient Arabic
books about `aqidah, fiqh, and tasawwuf, which amount to near or
over one thousand separate works.

Also, he is a Hafiz of the Qur'an and has memorized well over ten
thousand hadith (not counting duplications). He has also memorized
thousands of lines of mutun (similar to the al-Murshid al-Mu`in).
His mastery of the Arabic language in its grammar and lexicography
is surpassed by perhaps only a few in the world alive today.

[Vagtlaldo]

So if you are working after graduation or even in school and a non muslim lady
sticks her hand out. What do you do ?

a) just tell her that you dont shake hands.
b) give her the detail explanation.
c) say that this is culturally taboo in your culture.
d) shake her hand, while in the heart finding it offensive ( weakest state of iman).

I have been doing d until now, and am looking for ideas to change it.

I was always told that you should never be the first one to offer my hand to a woman. I am not sure if that was more of a muslim/pakistani upbringing thing or if its more common ?

Do sisters in universities or working environment get guys putting their hands forth for a handshake or does the hijab/niqab play a role in it.

So your thoughts and ideas about avoiding handshaking are appreciated.

[NEWyear]

In the Name of Allah, the Merciful, the Powerful

Assalamu `Alaykum.

Dear Honest Student,

Sidi, you wrote:

> As a follow up question to the question on 'ijma and touching the
> opposite sex casually and without sensual contact, a student of
> knowledge says that all of the madhabs agree this is haraam and there
> is no leeway.
>
> Shaykh Faraz Rabbani said:
>
> "The ruling across the madhhabs is that it is not permitted to shake
> hands with someone non-related of the opposite sex."
>
> I do not mean to question your knowledge, but for my friend whom is a
> student of knowledge, could you possibly give a source for any
scholar > of Ahlul Sunnah wa Jama'ah at any time's opinion which allowed for
> the "palm taps" in North Africa?
>
> I do not mean to waste your time with academic squabbles, and I only
do > this to reassure my friend.

You are seeming to misunderstand the difference between ijmaa` in the
din and agreement among some pre-defined circle of scholars.

Issues of Ijmaa` are for instance (so you understand):

a) Hajj is an obligatory act.
b) Five prayers in a day are obligatory on each muslim,

We already gave you three sources which do a pretty comprehensive
job in listing the ijmaa` issues.

As you become more learned, you will notice that the ijmaa` issues
have very *few* details connected with them.

Issues of agreement within a pre-defined circle of scholars (e.g.,
four madh-habs) are for instance:

a) Zakat is wajib on merchandise up for sale (the Dhahiri
school disagreed with this).
b) One may not touch the Qur'an without wudu' (traditional opinions
exist outside of the four schools which allow this).

Reference(s):
al-Qawanin al-Fiqh-hiyyah

As for providing proof for what we say about this issue not having
ijmaa`,
then we would turn the tables and ask those who claim this is an
issue of ijmaa` (again we are not talking about sensual caressing and
kissing) to provide proof from the three sources which we mentioned
with an excerpt that clearly states that this is an ijmaa` issue
(as these issues are clearly marked in the aforementioned three
texts). And if they cannot do that, then at least bring forth
even *one* verse from the Qur'an which speaks about this issue
directly or even *one* authenticated *mutawatir* hadith which
forbids this (we are aware of non-mutawtir and/or non-sahih hadith
which prohibit this act (with unclear and undetailed wording) - but,
again that is not enough to back an ijmaa` ruling).

Also, with research certain, you will find that certain tasawwuf
scholars
(who were in the minority gave bay`ah to women) by lightly grasping
their
hands. They did this by (mis)-interpreting hadith and Qur'anic verses
which speak about the Prophet (May Allah bless him and give him peace)
giving Bay`ah to women (e.g., the verse at the end of Mumtahinah and
various hadith which speak of this cross-gender bay`ah).

As for challenging our knowledge or comparing it to others, then we
have no interest in such vain activities. But, if we were into
such vain activities, then we will state that very few people exist
today (almost no one) with the depth of knowledge of over 13 madh-habs
of
fiqh, various schools of tenets, and several schools of tasawwuf which
we
possess - with the grace of Allah.

Because of our simple and straight-forward means of answering and
our using a non-Arabic language in our correspondences, some people
(mostly the insincere) are misled into claiming superiority.

Also, we provide this service of answering questions to the sincere
and honest students of the Guiding Helper and each question is
appended with an explicit note which states that the contained material
may not be directed (is not intended for) the general body of our
din (public announcement). The reason for this is that people are
of various levels and a person without the proper pre-requisites will
inherently misunderstand some of the techinical terminology which
is exchanged.

Also, Faraz Rabbani's implying that *all* madh-habs agree instead of
"the majority opinion in the common *four* madh-habs agree" is
problematic and requires proof. And such comes from `adamu l-istiqsaas
wa l-istighraaqu wa t-tabahhuru fi l-`ilm (approximately translated:
not doing complete research and verification of the issue).



Wassalamu `alaykum wa rahmatullah

Abuqanit Hasani
Main Author
Guiding Helper Foundation

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p.s. The answer provided is directed to the individual questioner
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Please do not reply to this message as it has been automatically
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[GetsTan]

Isn't this a haraam in which there is 'ijma on?

Eh, reading that response, isn't the Shaykh indicating there *isn't* an ijma on this? (ie that's why he's asking for someone to come forward with evidence if they claim it)

Maybe ijma of four imams? Ijma is a funny thing.

[perpelverw]

Assalamu Alaikum,

In many situations, shaking hands is a formality, as long as there is no fear of temptation or desire, I don't see the harm in it. So for instance if say you had a job interview and the interviewer was of the opposite gender and they put their hand out to shake with yours, that I think is fine. However, if you're at uni and a fellow student (of the opposite gender) says hi and puts their hand up for a high five, tell them you don't shake hands with people of the opposite gender.

Walaikum Asalam.

[UKkoXJvF]

And remember it's not saying that it's okay! And it's NOT the Maliki opinion narrated in the Guiding Helper!! It's just saying that there is no 'ijma on the matter AND that non-sensual, casual, brief touching of the palms and inner hand was done by members of the opposite gender in Northern Africa.

Odd.

Shaykh Faraz: "The ruling across the madhhabs is that it is not permitted to shake hands with someone non-related of the opposite sex."

Also read: http://www.sunnipath.com/resources/Q...A00001353.aspx

[UKkoXJvF]

She's relating the comments of Qaradawi/Turabi I believe, as related here. Plus see Ohossino's post..

Qardawi is leniant to the point of total laxity, and therefore is not a valid source. Ohossino's post referred to the Maliki Madhhab, the sister has indicated she is Hanafi.

Allahu Alam.

[GetsTan]

Eh, he doesn't say there is an ijma on it, does he?

[igs00r]

May be you ought to have made clear to the shaykh that Maulana Faraz wasn't commenting on anything that he had said. Also perhaps it might be against adab ul `ilm for a taalib to bring statements of contemporary scholars to his Shaykh?

[phernikas]

So if you are working after graduation or even in school and a non muslim lady
sticks her hand out. What do you do ?

Politely decline, briefly stating the reason.

Excerpted from sunnipath...
Shaking Hands With the Opposite Sex Is Haram, & The Importance of Holding On To One's Deen

Q. Many brothers ask by email about the issue of shaking hands with women in professional settings where, they say, not doing so would harm or impede their ability to function. They may not get hired, promoted, or accepted in professional areas (such as law) where Muslim presence is essential. I checked what some major contemporary traditional fuqaha, such as Shaykh Taqi Usmani and some of my teachers in Damascus, had to say, and they are very firm on this point. But the brothers who asked are saying that such answers belie a lack of understanding of "Western realities." They are saying that it is not possible to function in professional Western work environments without shaking hands with women. What would you answer and advise about this issue, Sayyidi?

A. No, it is not permissible to shake hands with women at all. There are many reports from the Prophet Sallallahi alayhi wasallam that he never shook the hands of any women, despite his status as a Prophet. All the allegiance [bay'a] he took was either without holding the hand or with a cloth tied around it. He explicitly informed the women when they extended their hands to him that he did not shake hands with women. [See Muhammad Ibn Sa'd, The Women in Madina, Chapter One: The manner in which the Messenger of Allah received women's allegiance] To read the full answer, click here.