Looking at the face of a woman without desire

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

In the Name of Allah Most Merciful Most Kind

Short Answer

No, Imam Abu Yusuf did not say it is sinful to look at the face of a woman even if it is without desire. Nor did later scholars disagree with him. The position of the Hanafi Madhab is that it is permitted to look at the face without desire although it is best to lower the gaze.

Explanation

فَقَامَتِ امْرَأَةٌ مِنْ سِطَةِ النِّسَاءِ سَفْعَاءُ الْخَدَّيْنِ، فَقَالَتْ: لِمَ؟ يَا رَسُولَ اللهِ قَالَ: لِأَنَّكُنَّ تُكْثِرْنَ الشَّكَاةَ، وَتَكْفُرْنَ الْعَشِيرَ

(Sayidina) Jabir said: Then a dark cheeked woman stood up from amongst the women. She said, why? O Messenger of Allah ﷺ. He ﷺ said: Because you complain excessively and are ungrateful to your spouse. (Sahih Muslim 885 – 4).

The Hadith narration above makes it clear that the Sahabi Jabir bin Abdillah (May Allah Most High be pleased with him) looked at the face of a woman and described it too. Therefore, this is proof for the Hanafi position that it is not sinful to look at the face without desire.

Although, it is best to lower the gaze. This has been mentioned by Imams of the Hanafi Madhab. More specifically in the Tafseer of the Quranic verse regarding lowering the gaze, Hanafis have clarified that refers to not looking at the Arwah. As for the face of the opposite gender, it is recommended to lower the gaze unless one experiences desire. Only then does it become obligatory.

 

The Holy Quran

قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ذَلِكَ أَزْكَى لَهُمْ إِنَّ اللَّهَ خَبِيرٌ بِمَا يَصْنَعُونَ

Tell the believing men to lower their gazes and protect themselves. That is purer for them. Indeed, Allah is well aware of what they are doing. (Surah al-Nur, 30).

 

يَعْنِي عَنْ الْعَوْرَاتِ; إذْ لَا خِلَافَ فِي جَوَازِ النَّظَرِ إلَى غَيْرِ الْعَوْرَةِ. (أحكام القرآن)

Meaning, the Awrah. Since there is no difference of opinion about the permissibility of looking at something other than the Awrah. (Abu Bakr al-Razi 370H, Ahkam al-Quran).

 

As seen in the Nass (text) above, there is no difference of opinion regarding the fact that it is permitted to look at that which is not Awrah. Therefore, when it comes to the opposite gender looking at the face without desire is certainly not sinful.

Imam Abu Yusuf’s opinion

The Hanafi position regarding looking at the face without desire has been clarified in the earliest works of the Madhab. Hanafi Imams did not consider it sinful to look at the face of the opposite gender without desire. Imam Abu Yusuf did not differ with this.

 

وَلَا بَأْس بِأَن ينظر إِلَى وَجههَا وكفها إِلَّا أَن يكون إِنَّمَا ينظر إِلَى ذَلِك اشتهاء مِنْهُ لَهَا. (كتاب الأصل)

There is no harm in him looking at her face and hands, unless he is only looking at that because of his desire for her. (Imam Muhammad bin al-Hasan al-Shaybani 189H, al-Mabsoot).

 

 

Those who claim that Imam Abu Yusuf did consider it sinful to look at the face of the opposite gender even when there is no desire, cite the text (Nass) below. As you can see, he did not specify looking without desire. Nor did he say it was sinful.

 

وقَالَ أَبُوْ يُوْسُفَ: في رجل حلف بالطلاق أن لا ينظر إلى حرام فنظر إلى وجه امرأة قَالَ: لا تطلق امرأته، ليس النظر إليه حراماً، وأكره به ذلك. (عُيُون الْمَسَائِل)

Regarding a man who swore divorce if he looked at anything forbidden, then he looked at a woman’s face, Abu Yusuf said: His wife is not divorced. Looking at it is not forbidden. Although I dislike that. (Imam Abu al-Layth al-Samarqandi 373H, Uyoon al-Masail).

 

There are two significant assumptions made by people who claim that Imam Abu Yusuf went against the position of the Madhab regarding looking at the face without desire. Firstly, they assume that Makruh refers to Tahreemi. Meaning it is sinful. This is a clear error. Please see the related answer for details.

Secondly, he did not say that looking at the face of a woman is Makruh even when there is no desire. Rather, the position of the Madhab is that it is always best or recommended to lower the gaze even when there is no desire. However, it is not sinful to look in such cases.

He was more lenient

 

وَذُكِرَ فِي جَامِعِ الْبَرَامِكَةِ عَنْ أَبِي يُوسُفَ أَنَّهُ يُبَاحُ النَّظَرُ إلَى ذِرَاعَيْهَا أَيْضًا. (المبسوط)

It was mentioned in Jami’ al-Baramikah that Abu Yusuf said it is permissible to look at her forearms as well. (Imam al-Sarakhsi 483H, al-Mabsoot)

 

وعن أبي يوسف – رَحِمَهُ اللَّهُ – أنه يباح النظر إلى ذراعيها أيضا؛ لأنه قد يبدو منها عادة. (الهداية في شرح بداية المبتدي)

Abu Yusuf (May Allah have mercy upon him) said it is permissible to look at her forearms as well. Since they may become unveiled routinely. (Imam Burhan al-Deen al-Marghinani 593H, al-Hidayah).

The reality is that Imam Abu Yusuf was more lenient than other Imams when it comes to looking at the opposite gender. Not only did he agree that looking at the face of a woman without desire is not sinful, but he also considered looking at the forearms permitted too.

This is different to other Imams, as they considered the forearms of a woman to be Awrah. Thus, it is obligatory for a woman to cover them. And it is prohibited for a man to look at them even if there is no desire. Since, desire is only considered when we are speaking about non-Awrah. When we speak of Awrah it is prohibited to look irrespective of desire.

Aligned with the Madhab

The above position of Imam Abu Yusuf should come as no surprise since it is aligned with the position of the Hanafi Madhab. The Hanafis said it is always recommended to lower the gaze and refrain from looking at the face of the opposite gender. However, it is only obligatory to do so if there is desire. Looking at the face without desire is not prohibited.

 

والحاصل أن الذي ذكره من جواز النظر إلى وجه الأجنبية وكفيها إذا أمن الشهوة لِقَوْلِهِ تَعَالَى: {وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا} [النور: 31]، وأما إذا لم يأمن الشهوة لم يجز النظر إلى وجهها أيضا ولا إلى كفيها. (البناية شرح الهداية)

In conclusion, what he mentioned regarding the permissibility of looking at the face and hands of an unrelated woman is when he is safe from desire. This is based on the Almighty’s saying: And they do not display their adornment except what is apparent of it. (Al-Noor: 31]. However, if he is not safe from desire, then it is not permissible to look at her face either, nor at her hands. (Imam Badr al-Deen al-Ayni 855H, al-Binayah Sharh al-Hidayah).

 

وَأَمَّا النَّظَرُ إلَى الْأَجْنَبِيَّاتِ فَنَقُولُ: يَجُوزُ النَّظَرُ إلَى مَوَاضِعِ الزِّينَةِ الظَّاهِرَةِ مِنْهُنَّ وَذَلِكَ الْوَجْهُ وَالْكَفُّ فِي ظَاهِرِ الرِّوَايَةِ، كَذَا فِي الذَّخِيرَةِ. وَإِنْ غَلَبَ عَلَى ظَنِّهِ أَنَّهُ يَشْتَهِي فَهُوَ حَرَامٌ. (الفتاوى الهندية)

As for looking at unrelated women, we say: It is permissible to look at places of apparent adornment. Which refers to the face and hand according to Dhahir al-Riwayah. As is mentioned in al-Dhakheerah. However, if it predominates on his mind that he will desire, then it is forbidden. (Al-Fataawa al-Hindiyah).

 

Doubt of desire

In the Nusoos (texts) above, it is mentioned that looking at the face and hands of a woman is permitted. Therefore, it is incorrect to consider it sinful. However, it is best to lower the gaze. If there is desire, then it is obligatory to lower the gaze. Since a person cannot know with certainty if desire will occur or not, it is superior not to look at the face of the opposite gender.

 

فَإِنَّهُ يَحْرُمُ النَّظَرُ إلَى وَجْهِهَا وَوَجْهِ الْأَمْرَدِ إذَا شَكَّ فِي الشَّهْوَةِ، أَمَّا بِدُونِهَا فَيُبَاحُ وَلَوْ جَمِيلًا كَمَا اعْتَمَدَهُ الْكَمَالُ: قَالَ: فَحِلُّ النَّظَرِ مَنُوطٌ بِعَدَمِ خَشْيَةِ الشَّهْوَةِ مَعَ عَدَمِ الْعَوْرَةِ. (رد المحتار)

It is forbidden to look at her face or the face of an Amrad if he suspects desire. However, without that (desire) it is permissible, even if beautiful. This was considered the relied upon position by al-Kamal. He said: The permissibility of looking is dependent upon an absence of desire, and it not being Awrah. (Imam Ibn Abideen 1252H, Radd al-Muhtaar).

 

ولا يجوز أن ينظر الرجل من الأجنبية إلا إلى وجهها وكفيها وإن كان لا يأمن الشهوة لا ينظر إلى وجهها إلا لحاجة. (مختصر القدوري)

It is not permissible for a man to look at an unrelated woman except at her face and hands. However, if he is not secure from desire, then he must not look at her face except in situations of need. (Imam Abu al-Husayn al-Quduri 428H, Mukhtasar al-Quduri).

Conclusion

When it comes to looking at the opposite gender, it is permitted to look at the face without desire. This is because the face is not Awrah, so it does not have the ruling of absolute prohibition. However, it is best to lower the gaze. It is only obligatory to lower the gaze in situations of desire.

As for the claim that Imam Abu Yusuf considered it sinful to look at the face even if there is no desire, this is a mistake. Rather he was aligned with the position of the Madhab on this issue. However, he was more lenient since he considered it permitted to look at the forearms of a woman too. Whereas the position of the Madhab is that the forearms are Awrah. Thus, prohibited to look at.

And Allah Most High Knows Best.

–Answered by Shaykh Noorud-deen Rashid (15.07.24)