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Private Life
The nature of the
human is that he lives a public and a private life. In public life he lives
with members of society in his tribe, village or city. In his private life
he lives at home and among his family members. For his private life, Islam
introduced specific rules to treat the problems that the human encounters,
male or female. One of the main rules that Islam brought is that the private
life is exclusively under the control of that human. It forbade anyone to
enter his house without his permission. Allah (swt) says:
''Oh you who believe enter not homes other than
yours until you establish familiarisation and greet their inhabitants. This
is better for you, so that you might remember''. [An- Nur: 27]
In this Ayah, Allah (swt) commanded people not to enter homes without being
permitted to. He (swt) considered not seeking the permission as estrangement
and seeking it as familiarisation. He (swt) said:
''Until you establish familiarisation''.
[An- Nur: 27]
This is metaphoric for seeking the permission, for familiarisation will not
occur without it, i.e. until you seek the permission of its people. At-Tabarani
reported that the Messenger said: ''Whoever peeps at
a home without the permission of its people, it is as if he destroyed it''.
Abu Dawood reported, a man asked the Prophet , about whether he should seek
permission from his mother (when he enter her quarters) He said: ''Yes''.
He said: “There is no one to serve her but me.
Should I seek permission every time I enter?” He said: ''Do you
like to see your mother naked?'' The man said: “No”. He said ''Then seek
permission''. Therefore, Islam forbade any human from entering a home other
than his without the permission of the home’s inhabitants. There is no
difference whether the home to be entered upon is of a Muslim or not. This
is due to the fact that while the speech is for Muslims, regarding seeking
permission, the speech regarding the home came in an indefinite form (Mutlaqah)
without any restriction (Taqyeed), and in a general form without any
specification (Takhsees). Therefore, this includes every home. This clearly
indicates the sanctity of the home, and that the private life has specific
rules such as seeking permission to enter someone’s home. In the case where
the one seeking to enter doesn’t find anyone at home they are not to enter
until permission is granted. And if they are told to turn back then they
must turn back and are not allowed to enter.
Allah (swt) said:
''And if you find no one in, then do not enter until
you are permitted. And if it is said to you to return, then return. That is
better for you and Allah is knowledgeable of all that you do''.
[An- Nur: 28]
This means that you are not to persist in seeking permission, or in seeking
to ease the barrier (Hijab) nor to stand by the door waiting. All these
rules apply in the case of the residential houses. As for the houses which
are not inhabited, they have to be examined. If the person who wants to
enter has possessions inside, then he can enter without seeking permission,
and their homes are excluded from the houses that require the seeking of
permission before entering. Allah (swt) says:
''It is no fault on your part to enter houses not
used for living, in which you have some possessions. And Allah has knowledge
of what you reveal and what you conceal''.
[An- Nur: 29]
The opposite meaning is that if you have no possessions there you are not to
enter. So the exclusion is for the unoccupied house which contains
possessions of the person who wants to enter. By these rules of seeking
permission, the private life is protected against the inconvenience of those
who knock on the door. Thus those who live inside would be able to enjoy
peace, free of the interruption of the outsiders.
The above rules apply to free adults. As for the slaves and the children
below the age of puberty, they may enter houses without seeking permission.
However, three times of the day are made exceptions. These times are before
the prayer of Fajr, at noon, and after the Salah of Ishaa (night prayer). In
these three times, they must seek permission, for at such times people
change their clothes to go to sleep or to wake up, thus revealing their
‘awrah. As for the time prior to Fajr Salah, it is the time to wake up from
sleep and when people change from their sleeping clothes. Around noontime,
is a rest and naptime. At this time people also change their clothes. As for
after the prayer of Ishaa, it is a time of sleep and people change their day
clothes for their sleeping attire. Other than these times, slaves and
children under the age of puberty need not seek permission to enter. They
may enter the houses at any other times they wish without permission. Once
children reach the age of puberty, they lose their privilege to enter. They
become like everyone else. Allah (swt) said:
''Oh you who believe at three times of day let those
whom you possess as well as those from among you who have not yet attained
puberty, ask permission from you (before intruding upon your privacy):
before the prayer of daybreak, and whenever you lay aside your garments in
the middle of the day, and after the prayer of nightfall: the three
occasions on which your nakedness is likely to be bared. Beyond these
(occasions) neither you nor they will incur any sin if they move (freely)
about you, attending to (the needs of) one another. In this way Allah makes
clear unto you His messages: for Allah is all knowing and wise!''.
[An- Nur: 58]
These are the rules to protect the private life at home against outsiders
who wish to enter with no difference between a person whom the woman can
marry (Ajnabi) or a close person whom she cannot marry (Mahram) or in-law.
In this private life, the woman lives with women or her mahram men, since
they are the ones whom she can show the places of charm of her body, which
she naturally shows in her private life. Other than women and her Mahram
men, the woman may not live with anyone because she is not allowed to show
before them the places of her body which are usually apparent when she
carries out her home duties, further to the face and hands. So private life
is restricted to women and mahram men. There is no difference between Muslim
or non-Muslim women. They are all women. The fact that women are commanded
not to show the places for charm of her body to people whom she can marry
and the fact that she is allowed to show them to her mahrams, are a clear
evidence that private life is restricted to the mahram alone. Allah (swt)
said:
''And tell the believing women to lower their gaze,
protect their private parts and not to show their places of charm in public
beyond what may (decently) be apparent thereof; hence let them draw their
head-coverings (khumur) over their necks and bosoms (juyub). And let them
not display (more of) their charms to any but their husbands, their fathers,
their husbands fathers, their sons, their husbands sons, their brothers,
their brothers sons, their sisters sons, their women folk, their concubines,
such male attendants as are beyond all sexual desire, or children that are
as yet unaware of women’s nakedness; ''. [An- Nur: 31]
Falling under the same rules of the mahram men are the slaves they own, and
those men who have no desire in women such as the elderly, insane, and the
like. Such people may be present in the private life. Other than them, i.e.
non-mahram men, even if they were relations, they are not allowed at all to
be in the private life. This is because the woman is not allowed to show
before them the places of her body, which usually appear at home.
Thus, it is definitely haram for non-mahram men to meet women in private
life. Exceptions are only those which the legislator defined such as for
food and visiting the close relatives (Rahm). Such exceptions, however, are
allowed only if the woman is accompanied by a Mahram man and has her entire
awrah covered.
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