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Is it true that if a person touches or sees a non-Mahram female, she is haram to marry for that person?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I have heard that if a person touches or sees a non-Mahram female, she is now haram to marry for that person? Is it right? What are the limits of hijab when choosing a spouse for both men and women? How much they can see, touch and talk with each other without the presence of their parents? Also I am seeing that there is going trend that the meaning of hijab has changed. Muslim women in all other countries whether Muslim countries or non-Muslim other than Pakistan, India and Saudia Arabia, They are wearing such hijab which covers the head and hair but it is open from front. Their face is totally open and it is said as this is hijab. Also Zakir Naik has said this too. In Egypt Muftis are also saying this. Can you give hadith for both of scenarios?

Answer

(Fatwa: 148/D=13/File_D=1433)

By touching a non-Mahram woman Hurmat-e-Musaharah is confirmed means that now this person cannot marry that woman’s mother and daughter but he can marry that woman. But there are some other conditions as well that establish Hurmat-e-Musaharah i.e. to touch with lust without the cover of thick cloth on the body. If you need you can know the details from any Mufti by telling the details, but do not judge yourself.

(2) You should know through the women of your home about the figure and other qualities of the girl whom you want to marry. It is haram to arrange meeting and talk to her and touch her body. If sometimes you happened to see her by chance and she looked at you continuously then it will not be sin since you intend to do nikah with her. Otherwise it is haram to gaze at any strange woman. It is mentioned in hadith:
النظرة الأولى لك والثانيه عليك .
It means that first eye that gets all of a sudden is allowable and it is sin to gaze a second time.

(3) Purdah includes the face as well. It is proved by the verses of the holy Quran:
وَإِذَا سَأَلْتُمُوهُنَّ مَتَاعاً فَاسْأَلُوهُنَّ مِن وَرَاء حِجَابٍ ً [الأحزاب : 53]
یُدنین عَلَيْهِنَّ مِن جَلَابِيبِهِنَّ [الأحزاب : 59]
The first verse allows asking any thing from women from behind a curtain. And in the second verse the women are asked to go outside by drawing their shawls over them. Jalbab is a kind of chuddar that covers the whole body and only one eye is open to see the path. In burqa it was done in this way that at the eye position was replaced by gauze or delicate cloth. Purdah in fact is to cover the beauty and the body parts and the centre of beauty is the face. And in this age of fitnah to keep face open is strong source of fitnah and lust. Hence the scholars of Fiqh i.e. Mabsut Sarkhasi, Allama Shami etc have written that a young woman should cover her face and should not open it.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.