Privacy with a non-mahram woman and observing hijab from a brother-in-law according to authentic ahadith

This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.


Seclusion with a Strange Woman is Forbidden​


One of the means that Islam has declared forbidden is a man being in seclusion with a non-mahram woman, meaning being alone with a woman who is neither his wife nor among those relatives with whom marriage is permanently prohibited, such as mother, sister, paternal aunt, maternal aunt, etc. This prohibition is not because men or women are not trustworthy, but rather to protect them from whispers and evil thoughts. Because when male and female characteristics come together and no third person is present, the heart may become inclined towards sin. Regarding seclusion, the Prophet Muhammad (peace be upon him) said:
من كان يؤمن بالله واليوم الآخر فلا يخلون بامرأة ليس معها ذو محرم منها فإن ثالثهما الشيطان
"Whoever believes in Allah and the Last Day should not be alone with a woman except when there is a mahram with her, for indeed the third among them is the Shaytan."
Reference: Musnad Ahmad: 3/339 and there is a supporting narration from Umar (may Allah be pleased with him) in Jami` at-Tirmidhi, Book of Tribulations, Chapter on Adherence to the Group, Hadith: 2165

The verse revealed regarding the noble wives of the Prophet:
وَإِذَا سَأَلْتُمُوهُنَّ مَتَاعًا فَاسْأَلُوهُنَّ مِنْ وَرَاءِ حِجَابٍ ۚ ذَٰلِكُمْ أَطْهَرُ لِقُلُوبِكُمْ وَقُلُوبِهِنَّ
"O you who ask the Prophet's wives for something, ask them from behind a partition. That is purer for your hearts and their hearts."
Reference: Surah Al-Ahzab: 53

Commenting on this verse, Imam Al-Qurtubi (may Allah have mercy on him) says: The meaning is to purify the hearts from the thoughts that arise in men's hearts about women and in women's hearts about men. That is, by observing the veil, there remains no room for suspicion or slander, and it is a great means of protection. This guidance indicates that it is not appropriate for a person to confidently be alone with a non-mahram woman. Avoiding this is better and leads to chastity and protection of honor.
Reference: Tafsir Al-Qurtubi, Vol. 14, p. 228

The Messenger of Allah (peace be upon him) specifically forbade seclusion with the husband's relatives, such as the brother-in-law (dewar), husband's paternal cousins, etc. Generally, relatives are lax in this matter, which sometimes results in very bad outcomes. The reason is that being alone with a relative is more worrisome and dangerous than with strangers, and there is a strong possibility of severe temptation. Unlike strangers, a non-mahram relative woman can come and go freely. The same ruling applies to being alone with the wife's non-mahram relatives, such as the wife's paternal cousins, maternal cousins, and maternal uncle's children. It is not permissible to be alone with any of them.
The Prophet (peace be upon him) said:
إياكم والدخول على النساء فقال رجل من الأنصار يا رسول الله أفرأيت الحمو؟ قال الحمو الموت
"Avoid seclusion with women." A man from the Ansar asked: "O Messenger of Allah, what about the 'Hamo' (brother-in-law)?" He replied: "'Hamo' is death."
Reference: Sahih al-Bukhari, Book of Marriage, Chapter: No man should be alone with a woman except with a mahram, Hadith: 5232; Sahih Muslim, Book of Peace, Chapter on the prohibition of seclusion with a non-mahram woman, Hadith: 2172

The term "Hamo" literally refers to the husband's relatives.
The meaning is that such seclusion is dangerous and causes destruction. If a person commits sin, it is religious destruction. If the husband's jealousy prompts him to divorce his wife, it is destruction for the woman. When relatives begin to suspect each other due to seclusion, it leads to the destruction of social bonds. The reality is that its effect is not only on human emotions and thoughts but also impacts family life, the conditions of husband and wife, and their confidential matters, giving opportunity to gossipers and those who cause discord in homes to spread rumors.
Just as Arabs say الأسد الموت (a lion is death) and السلطان النار (a sultan is fire), similarly they say الحمو الموت (the husband's relatives are death). Meaning meeting them is equivalent to fire and death. This means that being alone with the husband's relatives is more severe than being alone with strangers because sometimes these relatives create desires in the woman's heart that the husband cannot fulfill or sometimes they incite mistreatment. Also, because the husband does not like his relatives to enter his home and become aware of his private affairs.
 
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