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The question

Who are the scholars who permitted looking at the face and hands of a non-mahram woman without lust and without fear of temptation, and what is their response to the verse: "Tell the believing men to lower their gaze"? Is the disagreement on this issue permissible or conclusive? What is the ruling on following this opinion when listening to lectures or during direct address? Is this considered leniency or following blameworthy dispensations?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

The Fiqh Encyclopedia states that it is unanimously impermissible to look at a non-mahram woman with lust or fear of temptation. However, scholars differed on the permissibility of looking at the face and hands of a non-mahram woman.

The Hanafis and Malikis permit looking at the face and hands, citing the verse: "except what is apparent thereof," explaining that a woman needs to uncover her face and hands for buying, selling, and other necessities. In contrast, the Shafi'is consider it unlawful to look at anything other than the face and hands, and they deem it unlawful to look at the face and hands when there is a fear of temptation. If there is no fear of temptation, there is a difference of opinion among them, but the correct view according to them is the unlawfulness of looking. As for the Hanbalis, they deem it unlawful to look at the entire body of a non-mahram woman, except what is exempted for necessity. Al-Qadi from the Hanbalis held the view that looking at the face and hands is permissible, though disliked, if there is no fear of temptation.

The preponderant opinion is that it is not permissible to look at a non-mahram woman without necessity, even without lust, except for an accidental glance. Ibn Qudamah stated in Al-Mughni that a man looking at a non-mahram woman is unlawful, citing the verse: "And when you ask them [His wives] for something, ask them from behind a partition" and other hadiths that prohibit following glances. He also noted that the hadith of Asma bint Abi Bakr – if authentic – might have occurred before the revelation of the hijab.

The disagreement on this issue is considerable, with each view supported by some imams, and none contradicting a definitive text or consensus. It is permissible to follow any of these opinions, provided that it is not based on following one's desires or seeking concessions, but rather on believing in its preponderancy or the preponderancy of the scholar who held it.

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Ftawy
Original fatwa ID
157939
Imported
Translation status
Source text, unreviewed
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