An inquirer asks about the Islamic legal ruling regarding the actions of some people who harass women in the streets and other public places.

Islam emphasizes a woman’s honor, affirming her place in society through the rights she enjoys and the duties and responsibilities she carries. Islam also acknowledges her equality with men in both her humanity and role, as she constitutes half of society and gives birth to the other half. Recognizing her physical disposition, Islamic law commands giving her attentive care and prioritizing her needs above those of others. Prophet Muhammad (peace and blessings be upon him) made a man’s treatment of women a criterion for moral excellence, saying, “The most perfect among the believers in faith are those with the best moral conduct, and the best of you are those who are best [in their treatment of] their women” (recorded by al-Tirmidhi in Al-Jami’ and by Ibn Hibban in Al-Sahih. In the narration recorded by al-Hakim in Al-Mustadrak, the hadith states “… the best of you are those who are the best to women”).

Abu Huraira narrated that the Prophet (peace and blessings be upon him) said, “O Allah, I make the rights of the two vulnerable ones— the orphan and the woman—strictly binding” (recorded by al-Nisa`i in Al-Sunan Al-Kubra and Ibn Majah in his Sunan). To this end and to promote moral purity and chastity in society, Islam prohibits men from looking lustfully at women or touching them. Maʿqil Ibn Yasar narrated that the Prophet (peace and blessings be upon him) said, “It would be better for one of you to have an iron needle pierce his head than to touch a woman who is not lawful for him” (recorded by al-Ruyani in his Musnad and al-Tabarani in Al-Mu’jam A-Kabir). In another hadith, Abu Umamah (may Allah be pleased him) narrated that the Prophet (peace and blessings be upon him) said, “For a man to jostle with a pig covered in hama is better for him than to let his shoulder touch that of a woman who is not lawful for him” (recorded by al-Tabarani in Al-Mu’jam Al-Kabir). The hadith scholar Ibn al-Mundhir explains in Al-Targhib wal Tarhib (3:26) that the term ‘hama’ refers to black, putrid mud. Moreover, Abu Huraira (may Allah be pleased with him) narrated that the Prophet (peace and blessings be upon him) said, “The eyes commit fornication, the tongue commits fornication, the hands commit fornication, the legs commit fornication, and the private parts either confirm that or deny it (recorded by Imam Ahmad in Al-Musnad).

 

And Allah Almighty knows best.