Touching a non-mahram is a sin — but if some foul-mouthed non-mahram harasses her, can a woman slap him? Is slapping equivalent to touching a non-mahram?
Wa alaikum assalam wa rahmatullah wa barakatuh — Slapping a foul-mouthed/harassing non-mahram in defence of honour is by no means equivalent to touching a non-mahram; the two are separate Shariah matters.
Wa alaikum assalam wa rahmatullah wa barakatuh — Slapping a foul-mouthed/harassing non-mahram in defence of honour is by no means equivalent to touching a non-mahram; the two are separate Shariah matters.
1. The difference: The prohibited touching (shaking hands, holding a hand, etc.) is connected with desire and temptation (fitnah) — touching a non-mahram woman was declared worse than an iron nail being driven into the head (al-Tabarani). A defensive blow is "defence" in fiqh, not "touching" — just like holding a thief's hand in order to catch him.
2. The ruling on defending honour: «مَنْ قُتِلَ دُونَ مَالِهِ فَهُوَ شَهِيدٌ، وَمَنْ قُتِلَ دُونَ دَمِهِ فَهُوَ شَهِيدٌ، وَمَنْ قُتِلَ دُونَ دِينِهِ فَهُوَ شَهِيدٌ، وَمَنْ قُتِلَ دُونَ أَهْلِهِ فَهُوَ شَهِيدٌ» (Sunan Abi Dawud: 4772, Sunan al-Tirmidhi: 1421) — protecting honour and chastity is permissible; indeed, it carries the rank of martyrdom.
3. Limits and caution: (a) Only to the extent of need — hitting more than is needed to stop/drive him away, or revenge, is not permissible; (b) Caution about hitting on the face — the Prophet ﷺ forbade it; (c) If verbal defence or moving away from there is possible first, do that; if he does not desist, physical defence is permissible.
4. Application: The sister's position is correct in ordinary circumstances; but in a case of harassment a slap is not "touching", it is "defence". Not touching is also protective jealousy (ghayrah), and slapping a foul-mouthed person is also a sign of protective jealousy and honour.
Summary: Slapping in defence is not equivalent to the sin of touching — it is a permissible defensive act, provided it is only to the extent of need and the intention is not revenge.
Translated from the original Urdu fatwa.