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The Home as a Veil and Its Protection in Islam

◈ The Ruling on Peeking into Someone’s House Without Permission​

Narration:
وَعَنْ أَبِي هُرَيْرَةَ أَنَّ رَسُولَ اللَّهِ عَ قَالَ: ( (لَو أَنَّ رَجُلًا اطَّلَعَ عَلَيْكَ بِغَيْرِ إِذْنِ فَحَذَفَتَهُ بِحَصَاةٍ، فَفَقَاتَ عَيْنَهُ مَا كَانَ عَلَيْكَ جُنَاحٌ ))

Abu Hurairah narrated that the Messenger of Allah ﷺ said:
"If a man peeks into your house without permission and you throw a small stone at him, causing his eye to be damaged, there is no blame upon you."

Authentication and References:
  • [Bukhari: 6902]
  • [Muslim: 141]

Additional Narrations:
In another narration:
( (مَنِ اطَّلَعَ فِي بَيْتِ قَوْمٍ بِغَيْرِ إِذْنِهِمْ، فَقَدْ حَلَّ لَهُمْ أَنْ يَفْقَؤُوا عَيْنَهُ ))
"Whoever peeks into the house of a people without their permission, it becomes permissible for them to gouge out his eye."
— This wording is from Muslim.

Authentication and Reference:
  • [Muslim: 2158]
In the narration reported by Ibn Ḥibbān:
( (مَنِ اطَّلَعَ إِلَى دَارِ قَوْمٍ بِغَيْرِ إِذْنِهِمْ فَفَقَوُوا عَيْنَهُ، فَلَا دِيَّةً وَلَا قِصَاصُ ))
"Whoever peeks into the home of a people without their permission, and they gouge out his eye, then there is neither blood money nor retaliation upon them."


Authentication and References:
  • [Ahmad: 2/385]
  • [Nasai: 8/61]
  • [Ibn Hibban: 5972]
  • [Bayhaqi: 8/338]

Another Hadith:
In the narration of Anas ibn Malik رضي الله عنه, recorded by Muslim:
"A man once looked into one of the apartments of the Prophet ﷺ, so the Prophet stood up towards him with a broad arrowhead or arrows. It seemed to me as if I was looking at the Messenger of Allah trying to strike him while he was unaware."
— Agreed upon.

Authentication and References:
  • [Bukhari: 2900]
  • [Muslim: 2157]

❀ Important Benefits:​

➊ Peeking through a crack or opening in someone’s wall is a crime in Islam.

➋ If the peeker’s eye is injured, there is no blood money (diyah) upon the defender.

➌ The home's boundary walls are considered a veil (purdah) and a protection of privacy.

➍ Building solid walls, proper doors, and windows is essential for the protection of the house; walls should be constructed strongly so that no cracks or holes remain.

➎ It is obligatory to protect one’s home and ensure the safety of the family members.
If a house lacks proper boundaries and someone peeks inside, the peeker would not be considered sinful. However, if the eye of the peeker is injured in this case, then blood money would be due, as the fault lies with the one who neglected the establishment of a proper barrier.

Note:
This material has been taken from the book "Ḍiyāʾ al-Islām fī Sharḥ al-Ilmām bi-Aḥādīth al-Aḥkām" authored by Sheikh Taqī al-Dīn Abī al-Fatḥ, translated by Maulana Mahmood Ahmad Ghaznfar.
 
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