العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: Regarding the mixing of women with men during pilgrimage—especially during circumambulation (ṭawāf), where a woman may be pressed closely against a man, whether with desire or without—does this occur merely out of necessity?
Is it permissible for the Imam (leader) of the Muslims, if he oversees the pilgrimage, to separate the area of circumambulation for women from that of men, and likewise the area of walking between Ṣafā and Marwah, as is done for people with disabilities (those using wheelchairs)? Or is this mixing something legislated and established since the time of the Messenger (May Allah bless him and his family and grant them peace), when they performed ṭawāf closely together?
Or were they few in number then, and the situation today is due to the large crowds?
Do Muslims have the right to demand separation, or is that not legislated?

The Answer

Answer:
 Mixing that occurs unintentionally and without deliberate intent—such as crowding at the Kaʿbah—does not incur sin upon the legally responsible person, because it happens without intent, choice, or deliberate action.
 It is obligatory upon the guardian of Muslim affairs, if he is able to resolve the problem of mixing at the Kaʿbah and the crowding of men and women, to do so. The same applies to the area of walking between Ṣafā and Marwah and elsewhere, because he is responsible for safeguarding the public interests of the Muslims.
 Men and women used to circumambulate together, but the crowding was not like that of today. Women would seek appropriate opportunities; it is narrated that the Prophet (May Allah bless him and his family and grant them peace) instructed Umm Salamah to circumambulate the House at the time of the dawn prayer, when people were occupied with prayer.
With the smaller numbers at that time, it was possible for women to avoid crowding.
Even today, women can avoid crowding by choosing appropriate times, by standing among their male relatives, or by a group of women gathering together while their male relatives encircle them during ṭawāf, as is often observed.
Crowding itself is not legislated in Islamic law; rather, it is prohibited.
 If it is possible to separate the areas of circumambulation for men and women, then separation is obligatory, and Muslims have the right to present this matter to those in authority, due to the public interest involved.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.3