On segregation

Discussion in 'Hanafi Fiqh' started by Aqdas, Mar 23, 2019.

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  1. Aqdas

    Aqdas Staff Member

    Please discuss. Is this agreeable? If not, for what reasons?
     
  2. Aqdas

    Aqdas Staff Member

    I do make a distinction between an environment controlled by Muslims and those not.

    Examples of environments controlled by Muslims:

    - masjids
    - madrasahs
    - events run by Muslims at their own venues

    Examples of environments not controlled by Muslims:

    - universities
    - political rallies
    - press conferences
    - TV shows
    - media interviews
    - inter-religious debates

    In environments where we have control, there must be segregation - whether the event is in a masjid or a community centre, etc., and irrespective of whether it's a Mawlid or a lecture on government policies. The bottom line is, we have control so can practically segregate.

    In environments where we don't have control, if there isn't a barrier between men and women, we aren't responsible for that. Of course, common sense must prevail: a university lecture is different to a nightclub - attending the former would be acceptable but not the latter. So when we discuss segregation and what's acceptable or not, this (having control) must be borne in mind.

    Yes, unnecessary mixing at even these events is abominable.

    Scenario A:

    A scholar is invited to a university for a lecture. He knows the university rules that there can be no gender segregation in the auditorium. Would there be a fatwa against him for attending?

    No. Why? The environment is not under his jurisdiction. So he is allowed to attend, minimise looking at females, and deliver his discourse. The dispensation to attend is based upon a need (darūrah).

    In fact, in current circumstances with the growing tide of heresies such as Atheism amongst Muslims and post-graduates, etc., I think scholars SHOULD attend.

    Scholars should make it clear though, that such events are indeed prohibited in shariah but as matters are beyond their control, their hands are tied.

    But in any environment that we do have jurisdiction over, we must obey the pristine shariah, not set evil precedents and not keep lowering the bar. Which leads us onto:

    Scenario B:

    There is a Mawlid at a community centre where there are no such legalities. The organisers are perfectly within their rights to segregate. Here, there must be segregation because the environment is fully under their control. What is stopping them from having a barrier? What's forcing them to put women in view of men and vice versa?

    ---
    On a separate note:

    There must always exist a group who adhere strictly to the shariah. In our time, I saw this as being Bareilly and Mufti Akhtar Rida Khan. Bareilly has always taken the path of taqwa over fatwa and refused expedience. So even if they forgave others for being expedient, they didn't fall into the act themselves because one group must always remain that abides wholly to shariah.
     

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