al-Nazar min al-Niswa lil-Rijal bighayr Shahwa
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al-Nazar min al-Niswa lil-Rijal bighayr Shahwa (Women Looking at Men Without Desire) is a legal treatise by Muhammad ibn Ahmad al-Amari, a member of the Da'wah and Guidance administration in Mecca, addressing the Islamic legal ruling on women looking at non-mahram men without lustful intent.
Composition and Purpose
The treatise was written in response to widespread contemporary debates regarding women looking at men without desire, particularly through media channels, newspapers, and magazines. Al-Amari arranged the work into three distinct chapters to present textual proofs, clarify the legal rationale, and address the arguments of scholars who permit such gazing.
Structure and Legal Arguments
The Danger of Looking
In the first chapter, the author examines the hazards of gazing upon non-mahram men even when devoid of sexual desire. He cites poetic verses, hadiths, and statements from classical scholars such as al-Nawawi, Ibn Rajab al-Hanbali, and Ibn al-Qayyim to argue that uncontrolled glances affect the heart, breed emotional attachment, and function as an entry point for temptation. He relies on Surah al-Nur ( وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ , "And tell the believing women to lower their gaze") alongside exegetical statements by Ibn Jarir al-Tabari, Ibn Abbas, and Ibn Kathir to demonstrate that the divine command to lower the gaze is absolute.
The Effective Cause for Prohibition
In the second chapter, al-Amari identifies the effective legal cause ('illa) for prohibiting gazing and commanding the lowering of the gaze: the apprehension of fitnah (temptation or discord), which persists even if initial desire is absent. Citing the juristic maxim that rulings revolve around their effective causes, he adduces Ibn Taymiyyah's argument that prolonged looking inherently risks temptation, as well as prophetic traditions regarding accidental glances and the incident where the Prophet turned the neck of al-Fadl ibn Abbas away from a woman of Khath'am due to fear of Satan's influence over two young people.
Juristic Rulings and Responses to Permissive Views
In the third chapter, the author notes scholarly consensus on the prohibition of women looking at men with lust, while addressing the disagreement over looking without lust. Al-Amari maintains that the correct and explicit position—upheld by the majority of classical scholars and the explicit texts—is prohibition. He systematically responds to five main proofs used by scholars who permit gazing without lust:
- The Abyssinians' spear play: Proponents cite A'ishah observing the Abyssinians playing in the Prophet's mosque. The author responds that A'ishah was not yet of age at the time; the event occurred prior to the revelation of the verses of hijab; or her focus was on the performance and spears rather than the men's bodies and faces.
- The waiting period of Fatimah bint Qays: Proponents cite the Prophet instructing Fatimah bint Qays to spend her waiting period ('iddah) in the house of the blind companion Ibn Umm Maktum. The author counters that staying in his home provided safety from being seen by men, but did not license her to look at him, as cohabitation does not necessitate looking.
- The residence of Umm Sharik: Proponents cite the frequent visits of male companions to the house of Umm Sharik. The author replies that receiving guests or hospitality does not require looking at them.
- The woman of Khath'am: Proponents note that the Prophet physically turned al-Fadl's gaze away without verbally instructing the woman. The author explains that barring al-Fadl established the ruling for both, or that she lowered her gaze on her own accord, or that moving al-Fadl's face left nothing for her to view.
- The asymmetry of hijab requirements: Proponents cite reasoning mentioned by al-Suyuti and Abu Dawud that women were commanded to veil themselves from men while men were not ordered to veil themselves from women. The author argues that this rationale contradicts textual commands in Surah al-Nur, where women and men are equally commanded to lower their gaze, rendering such reasoning invalid against explicit texts.
Conclusion
Al-Amari concludes the book by categorizing the evidence used by proponents of permission as ambiguous (mutashabih) and the textual proofs of prohibition as decisive (muhkam), cautioning against following ambiguous rulings. He suggests that women may listen to or read the discourse of men without violating the obligation to lower their gaze.
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