Question : A question was asked about shaking hands with marriageable women [i.e. women that a Muslim male can marry].

Fatwa in Brief: This is not permitted, whether the woman is young or old, and whether or not there is a barrier [between the skins of the hands that touch].

Shaykh Ibn Baz, Da‘wah Journal, no. 885

Response:

Scholars differ as regards whether or not the legal ruling on shaking hands with a marriageable woman. Some describe it is as prohibited (haram); while others describe it as permitted. If this act leads to neither desire nor fear of discord (fitna), then we prefer the opinion of those who consider it permitted.

Commentary:

The majority of scholars agree that it is permitted for a man to shake hands with a marriageable woman, if she is old and undesirable.

In contrast, they prohibit young men and women from shaking hands. However, the Shafi‘is permit this; on the condition that there is neither desire nor fitna. In addition, [in this opinion] there must be a barrier [between the skins of the people shaking hands]. There is a narration from Imam Ahmad in which he says that this is disliked (makruh), but not prohibited. Some contemporary scholars believe that shaking hands is permitted, provided that [as a result of such contact] there is no desire. Those who uphold this opinion does so as follows:

1.  Just because the Prophet (upon him be peace) preferred not to perform an act does not, of itself, make this act forbidden to Muslims. Rather, it may be that it is merely disliked, or that is better not to perform it. Perhaps the Prophet (upon him be peace) left it simply because of a particular situation. The saying of the Prophet (upon him be peace) “Verily, I do not shake hands with women” [could be read accordingly].

2.  The scholars do not agree as to whether or not the Prophet (upon him be peace) abstained from shaking hands with women during the Oath of Allegiance with women. A narration from Umm ‘Atiyyah from the Ansar (r.a.) suggests that the Prophet (upon him be peace) shook hands with the women took this oath. This contradicts the saying of the Mother of the Believers, ‘Aisha (r.a.), who swore that this event [the handshaking] never took place.[1]

 

3.  These scholars impugn the chain of transmission and content of the following hadith: “It is better to be stabbed in the head with a (large) needle than to touch a woman that is not permitted [to touch]”.[2]

 

4.  There is an authentic Sunna which supports the opinion that men and women touching hands is permissible on the condition that there is no desire or fear of fitnah. However, perhaps the Prophet (upon him be peace) did it and this is proof that it is permissible in Islam and can be followed. “Verily, in the Messenger of God is a perfect example”. (Q. 33:21)

In further support, in Sahih Al-Bukhari, it is reported that Anas ibn Malik (r.a.) said: “Slave women from Madinah used to hold the hand of the Prophet (upon him be peace), and walk with him until they had fully confided in him”. Likewise, there is a narration in the Musnad of Imam Ahmad [Ibn Hanbal] that such women used to take the hands of the Prophet (upon him be peace), and that he never pulled his hands away, until after tha woman had left. In addition, in Sahih al-Bukhari and in Muslim and in other books of the Sunna, Anas (r.a.) is reported to have said that the Prophet (upon him be peace) slept at the house of Umm Hiram, the aunt of Anas and the wife of ‘Ubada ibn al-Saamit, with his head in her lap, while she would caress his head. And while some scholars claim that she was one of his relatives [and hence non-marriageable], al-Hafiz al-Dimyaati denies this. [In response to this] Some scholars argue that this [resting one’s head in the lap of a woman] was only permitted for the Prophet (upon him be peace). However, the judge, Ayad, denies this.

[Taken together] the above narrations clearly show that touching [between a man and a woman providing that it does not lead to sexual desire and/or fitna] is not prohibited. Thus, if a man and a woman meet, and there is no sexual desire or fear of fitna on either side, as was the case in the meeting between the Prophet and Umm Hiram and Umm Sulaim, then, if the need presents itself, there is no harm in shaking hands. [One example of this would be] If a person returned from a journey, or other similar occasion.

At the same time, it is important that Muslims be aware that, if there is any fear that a handshake might lead to fitna, then this act is certainly prohibited. It is better for a Muslim not to begin shaking hands, but if someone stretches out his/her hand he should shake it.

We have clarified this ruling so that the Muslim who needs to do this will do it without feeling that he has sinned.[3]

 

Dr. Yassir ‘Abd al-‘Azim