A Critical Study of the Permissibility of Viewing Perspective Spouse Woman Being for Merriage

Abstract

This study employs a qualitative research approach using the library research method. Data were obtained from primary and secondary sources, including classical and contemporary fiqh books, works on usul al-fiqh, as well as literature on maqashid al-shariah and qawaid fiqhiyyah. The approaches employed were maqashid al-shariah and qawaid fiqhiyyah to understand Islamic law comprehensively, not merely from a textual perspective, but also by considering the objectives and welfare underlying Islamic legal rulings. The findings show that the permissibility of looking at a woman who is being proposed for marriage is recognized by all Mazhabs of fiqh, although the permissible limits differ. The majority of Mazhabs restrict such viewing to the face and palms, while Mazhab Hanafi and Mazhab Hanbali provide limited flexibility. Meanwhile, Mazhab Zhahiriyah permits a broader scope based on a textual approach. From the perspective of maqashid al-shariah and qawaid fiqhiyyah, particularly hifz al-'ird and the legal maxim al-darar yuzal, such permissibility should be understood proportionally and preventively.