On my arrival in Morocco, I was surprised to see men shaking hands with women, as if the sharia, the scholars, the prophet, let us in complete darkness regarding this ruling.
As I was about to leave Mauritania, towards the end of July, for a vacation until the end of Ramadan, I had this feeling that challenges were ahead of me, notably with interactions with the opposite sex, and especially shaking their hands and kissing them (non-mahrams relatives).
On the very eve I left the Islamic school of Nabbaghiya, I asked my fiqh teacher, Mukhtar, about it. I wanted to hear from him that there was an opinion within the Maliki madhab, or outside it as a matter of fact, that allows it...
Shaykh Mukhtar (Shaykh Hadd Amin from Twemret also I remember...) was categorical: it is not permissible to shake the hand of a marriageable woman. I was asking him questions, to see if I could go around the ruling without doing something which the blessed divine law forbids. As I was loosing all hope of having an opinion favorable to my request, he recited the quranic verse who states that whoever fear Allah, He will make for him an exit and provide for him from where he had not imagined.
Based on the context, I understood that Allah will help me to apply this ruling with ease. Praise be to Him, it has so far... At least it was when I was in France!
As I arrived in Morocco, my belief was challenged by people who do not see it forbidden.
So I felt obliged to phone my teacher Mukhtar, for reassurance that it was indeed forbidden. I then did a little research about what scholars had to say about the issue. Here they are on my blog...
On the first entry, Imam Nawawi, people said my position was too shadid ("strong"), even though I never stated my position. I was even told that I was not qualified to translate! Maybe true...
Then when I published the opinion of Shaykhs Qaradawi and Bin Bayah, others told me I had weakened. Haha hello?? Did I stated my position. No.
All I did was publishing different texts treating the subject.
My position? Here it is: the scholars of the past have laid down the sharia, which is the sunna of the Prophet, peace be upon him, which can be found in the four sunni schools of Imam Abu Hanifah, Malik, Shafi'i et Ahmed Ibn Hanbal.
The Usuli scholars, from what I have understood, divide people into two categories: the mujtahids, and the muqallids. Anybody who hasnt got the qualifications to deliberate Islamic rulings (mujtahid), should follow and apply the most prominent opinions of the madhhab he is following.
To shake the hand of a marriageable woman is forbidden in the Maliki school of thoughts, as it is in the other 3 madhhabs.
Also I respect the fatwas of our shiyookh and think, whatever their opinions, that people should not write negative comments about their fatwas. This is adab.
vendredi 19 septembre 2008
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Assalaamu'alaykum wa rahmatuLlah
I hope all is well there insha'Allah. Thank you for sharing and clarifying the matter, among the other posts you've written on the topic. Merci beaucoup :). -- Afdhal kalaam - jazakaLlahu khayr!
A big salaam to you from this end and those who are reading these posts.
Masha ALLAH Habibi, you are back to the root and that is where the true traditional student of knowledge belongs.
I was surprised when you kept coming with other things just because you wanted to give them succour in the hearts when the shari'ah is that which gives guidance.
'ala kulli halli, ma tarakta mandub as your fiqh teacher says to you. Habibi, you have now set the banner straight and let it be debated.
I hope you are keeping well. Missing you wonderful company and mockery laughter.
I LOVE YOU
salam alaikum,
I had the same issue when I first arrived in Egypt last year. I mean, in the UK I had becomed accustomted to not shaking hands with non-Muslim males and politely explaining (and generally, they understood very well)- shaking hands with brothers wasn't even an issue, they would never try! However, in Egypt, fellow male classmates and even my nahu teachers used to repeatedly extend their hands, and it seemed they did not expect to be refused?
It took a good few months to do proper research and understand that their were multiple opinions and fatwas on the issue.
al hamdu liLah.
kayfa haloka habibi
السلام عليكم
كيف حالك حبيبي لقت اشتقت لرايتك كثيرا ارجو من الله ان تكون على احسن حال وان اراك في اقرب وقت مع جميع الاحباب لا تنسني بدعائك
احببببببببببببك في الله والسلام عليكم
ورحمةالله وبركاته
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