Comparative Analysis of Maraji’s Rulings on Looking at Mahram & Non-mahram

To provide a structured comparison, the fatwas of the three Grand Maraji are categorised into three main areas:

1. Fundamental Principles of Gaze: This includes general rules on looking at mahrams or same-sex individuals.
2. Looking at Non-Mahram Individuals (Specifics): This covers rulings on specific body parts (face, hands, etc.) and exceptions like mubtadhilah women (a woman who does not observe hijab in front of non-maḥram men).
3. Special Circumstances: This includes rulings related to marriage, medical necessity, and viewing pictures/videos (including television and online content).

Category 1: Fundamental Principles of Gaze

This section covers the core prohibitions and permissions related to looking, based on the intention (lust), the inherent sacredness of private parts, and the general rules for individuals within mahram relationships or of the same gender.

Ayatollah Khamenei:

• Looking with Lust (General): “Except a husband and a wife, it is impermissible for anyone to look at any other one lustfully, even from the same sex, as when a man looks at another man lustfully, or from the other sex, as when a man looks at a woman lustfully. This is true whether the other one, being looked at, is mahram or non-mahram or whatever part of the body they are looking at.”
• Looking at Mahram Woman (other than wife): “Looking at the private parts is forbidden. Looking at other than the private parts is permissible.”

Ayatollah Sistani:

• Looking with Lust (General): “It is unlawful for a man to look at the body or hair of non-maḥram [Muslim] women, be it with lust or without lust, with fear of sinning or without such a fear. As for looking at the face and hands up to the wrists of non-maḥram women, if it is with lust or there is a fear of sinning, it too is unlawful.” (Ruling 2451)
• Looking at Same-Sex: “A man must not look at the body of another man with the intention of deriving pleasure. It is also unlawful for a woman to look at another woman’s body with the intention of deriving pleasure. The same applies [i.e. it is unlawful for a man/woman to look at the body of another man/woman] if there is fear of sinning.” (Ruling 2456)
• Looking at Mahram: “A man and a woman who are maḥram to each other can look at each other’s entire body, except the private parts, if they do not have the intention of deriving pleasure and there is no fear of sinning.” (Ruling 2455)

Ayatollah Makarem Shirazi:

• Looking with Lust (General): “It is haram for a man to look at the body of a non-maḥram woman, regardless of whether it is with a lustful sensation or not.” (Issue No. 2080)
• Looking at Same-Sex: “A man cannot look at another man’s body with the intention of lust, and it is also haram for a woman to look at another woman’s body with the intention of lust.” (Issue No. 2085)
• Looking at Mahram: “A man and woman who are maḥram to each other (e.g., brother and sister), can look at each other’s body to that extent that is usual among the maḥrams, and the obligatory precaution is not to look at other parts.” (Issue No. 2084)

Category 2: Looking at Non-Mahram Individuals (Specifics)

This section delves into the detailed rulings for looking at specific parts of non-mahram individuals’ bodies, distinguishing between men looking at women and women looking at men, and addressing special cases like mubtadhilah women or immature individuals.

Ayatollah Khamenei:

• Man looking at Non-Mahram Woman (without lust):
  • “Looking at the face and hands to the wrists is permissible.”
  • “Looking at other parts of the body is forbidden.”
• Woman looking at Non-Mahram Man: Not explicitly detailed for women looking at men in the provided text regarding specific body parts, but the general prohibition on lustful looking applies.

Ayatollah Sistani:

• Man looking at Non-Mahram Woman (without lust): “It is unlawful for a man to look at the body or hair of non-maḥram [Muslim] women, be it with lust or without lust, with fear of sinning or without such a fear. As for looking at the face and hands up to the wrists of non-maḥram women, if it is with lust or there is a fear of sinning, it too is unlawful. In fact, the recommended precaution is that a man should not look at these areas even if it is not with lust and there is no fear of sinning.” (Ruling 2451)
• Woman looking at Non-Mahram Man (without lust): “However, there is no problem for a woman to look at those areas of the body that men usually do not cover – such as the head, hands, and feet – if it is not with lust and there is no fear of sinning.” (Ruling 2451)
• Mubtadhilah Woman: “With regard to a mubtadhilah woman who does not take heed if someone enjoins her to observe hijab, there is no problem in looking at her on condition that it is not with lust and there is no fear of sinning. In this rule, there is no difference between disbelieving women and other women. Likewise, there is no difference between looking at their hands and face and other areas of their body which they usually do not cover.” (Ruling 2452)

Ayatollah Makarem Shirazi:

• Man looking at Non-Mahram Woman (without lust): “It is haram for a man to look at the body of a non-maḥram woman, regardless of whether it is with a lustful sensation or not. However, there is no problem in a man looking at the face and hands – up to the wrists – of a woman, if it is not lustful and if it does not entail corruption and sin.” (Issue No. 2080)
• Woman looking at Non-Mahram Man (without lust): “Similarly, there is no objection in a woman looking, without lust, at parts of the body of a non-maḥram man that are not usually covered, like the head, face, neck and parts of the hands and feet.” (Issue No. 2080)

Category 3: Special Circumstances & Modern Contexts

This section addresses specific situations that deviate from general rules, such as looking for marriage purposes, medical necessities, and the permissibility of viewing photographs or media.

Ayatollah Khamenei:

• Looking for Marriage Purposes: “If there are no potential obstacles that would prevent the man from marrying the woman, if he is otherwise prepared to marry the woman should he like her physical appearance, and if he believes that seeing her without the usual Islamic cover would help him make a better decision in this relation, he is allowed to see her without her Islamic cover, but he must avoid eying her lustfully, and if a single look is sufficient, he is prohibited from taking a second look.”
• Looking at Pictures/Videos (General): “Generally speaking, watching moving pictures and photographs does have not the same ruling as looking in reality at people non-maḥram to you. Accordingly, there is no objection to it, as per Islamic law, if it is not done with lust, evil intention, and does not lead to a bad result. However, since watching obscene pictures is inherently intertwined with looking with sexual urge, and it is a precursor to committing ḥarām acts, it is, therefore, ḥarām.”
• Looking at Pictures of Non-Mahram Women (without hijab): “Looking at the picture of a non-maḥram woman does not have the ruling of looking at the woman herself. Accordingly, there is no objection to it unless looking is accompanied by lust, there is fear of falling victim to temptation, or the picture belongs to a Muslim woman known to the mukallaf.”
• Looking at Semi-Naked Pictures of Non-Muslims (e.g., medical books): “There is no objection to it provided it is done without questionable intents and pleasure and that no fear of bad deeds is contemplated.”

Ayatollah Sistani:

• Looking at Photographs: “If a man knows a non-maḥram woman and that woman is not mubtadhilah, then based on obligatory precaution, he must not look at a photo of her. However, it is permitted for him to look at her face and hands without the intention of deriving pleasure and there is no fear of sinning.” (Ruling 2457)
• Medical Necessity: “If a woman is compelled to have medical treatment and a non-maḥram man is better placed to administer the treatment, she can refer to a non-maḥram man for the treatment. In the event that the man is compelled to look at her and touch her body for administering the treatment, there is no problem. However, if he is able to treat her by only looking at her [and not touch her body], he must not touch her body. Similarly, if he is able to treat her by only touching her, then he must not look at her.” (Ruling 2459)

Ayatollah Makarem Shirazi:

• Looking for Marriage Purposes: “It is permissible for a man to look at a woman whom he intends to marry in order to find out about her beauty or defects. Even if that is not achieved by one glance, he may do so several times in several meetings.” (Issue No. 2091)
• Looking at Photographs: “It is not haram for a man to take photos of a non-maḥram woman, unless it entails looking at her body other than her face and hands.” (Issue No. 2086) “If a woman abides by the rules of Islamic ḥijāb, it is not allowed as an obligatory precaution to look at her picture taken without ḥijāb, unless one does not know her and it does not lead him to any sinful act.” (Issue No. 2087)
• Medical Necessity: “If a nurse or a doctor has to touch the private parts of a patient, she/he should put on gloves. Similarly, if a male or female doctor or nurse has no choice but to touch the body of the opposite gender, he/she should put on gloves. However, this is permissible it is inevitable and urgent.” (Issue No. 2088) “It is permissible for a male doctor to look at a non-maḥram woman for treatment if it is necessary.” (Issue No. 2089)