Ruling on Intermingling Boys and Girls In Primary School Education – By Imaam Abdul Azeez Bin Baaz
In The Name of Allaah, The Most Merciful, The Bestower of Mercy.
Imaam Abdul Azeez Bin Baaz [may Allaah have mercy upon him] said:
All praise and thanks be to Allaah, and Salaah and Salaam be upon Allaah’s Messenger. [See (footnote a) regarding the meaning of Salaah and Salaam upon the Messenger].
I have seen what was written by some writer in Al-Jazirah newspaper, issue number 3754 and dated 4/15/1403 AH, in which it was suggested that males and females mix in primary school. And because of the dire consequences of his suggestion, I see the need to give warning on that. so I say: Indeed intermingling is a means of much evil and great corruption, and it it is not permissible. The Prophet [peace and blessings be upon him] said, “Command your children to pray at the age of seven, and smack them if they don’t pray at the age of ten. And separate their beds (i.e. at the age of ten)”. [Abu Dawood 495] [See (footnote b) about smacking and UK law]
Rather, he [i.e. the Messenger] commanded that their beds are separated, because the proximity of one of them to the other at the age of ten and beyond is a means of indecency due to intermingling between boys and girls, and there is no doubt that having them together in the primary stage every day is a means to that as it is a means to intermingling in later stages. In any case, intermingling between boys and girls in the elementary stages is an evil and it is not permissible because of the various types of evil that it entails. The perfect Sharee’ah conveys the obligation to block the paths to polytheism and sin, and this is shown through many evidences from the verses of the Qur’aan and Prophetic reports, and were it not that this discussion would prolonged, I would have mentioned many of them. Al-Allaamah Ibn al-Qayyim [may Allaah have mercy upon him] – in his book I’laam Al-Muwaqqi’een – mentioned ninety-nine evidences, and my advice to the writer and others is not to suggest that which opens – to Muslims – doors of evil that have been closed. We ask Allaah for guidance and success for all. It is enough for the sensible person (to look) at the great corruption that has occurred in the countries that allowed intermingling between males and females.
As for the need for knowing the suitability of the woman proposed for marriage, then indeed, the Prophet [peace and blessings be upon him] legislated that which is Yashfee [i.e. enough as an upright means as well as fulfils the objective without any harm] as he stated: “If one of you proposes to a woman, then if he is able to look at what makes him desirous of marrying her, then let him do so”. [See (Footnote c)] So, it is legislated for the man to look at her if that is possible – without being in seclusion – before the marriage contract. If that is not facilitated, then he should find someone he trusts amongst the women (i.e. a female relative) to look at the potential spouse and then give him a description of her manners and physical traits. Muslims have been doing this in the past centuries and this has not harmed them. [Ref 1]
[Footnote a]:
Salaah and Salaam Upon The Prophet, and The Du’aa After A’dhaan – Part 1
[Footnote b]:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/344503/Review_of_Section_58_of_the_Children_Act_2004.pdf
https://childlawadvice.org.uk/information-pages/the-law-on-smacking-children/
What is the law surrounding smacking in England, Wales and Scotland? In England it is legal for a carer or parent to smack their own child to what amounts to “reasonable punishment” according to section 58 of the Children Act 2004. However, any punishment above what is considered “reasonable” is illegal. The problem is, some people don’t know what “reasonable punishment” means – with the age of the child and the force of the smack also being taken into account. Hitting a child in a way which causes wounding, actual bodily harm, grievous bodily harm or child cruelty are all illegal. And the smacking of kids by teachers, nursery workers and child care workers – which was once allowed – is now banned.
It is against the law for a parent or carer to smack their child, except where this amounts to “reasonable punishment”. This defence is laid down in section 58 of the Children Act 2004, but it is not defined in this legislation. Whether a ‘smack’ amounts to reasonable punishment will depend on the circumstances of each case, taking into consideration factors like the age of the child and the nature of the smack. There are strict guidelines covering the use of reasonable punishment and it will not be possible to rely on the defence if you use severe physical punishment on your child which amounts to wounding, actual bodily harm, grievous bodily harm or child cruelty. However, if somebody is employed privately by the child’s parents – for example as a babysitter or nanny – they may be given permission to smack. Because of the confusion surrounding what is or isn’t an offence, the Director of Public Prosecutions for England and Wales has produced a charging standard. For even more serious injuries – resulting in cuts, multiple bruising, fractures, broken bones, broken teeth or loss of conscious – a parent could be charged under Actual Bodily Harm.
Has Scotland banned smacking children? Yes, Scotland has banned smacking children. The Children (Equal Protection from Assault) Act 2019, which came into force on November 7, bans physical punishment and discipline of children. Scottish ministers removed the legal defence of “reasonable chastisement” which allowed parents to smack a child under 16. The Government has even advised Scots who see a parent smacking their child to call 999 and report a crime. Under the headline “if you see someone physically punishing their child”, the advice said: “You should call 999 to report a crime in progress or if a child or young person is in immediate danger. “You can also call the police on 101 if you think a crime has been committed.” Scotland is the first UK nation to ban all physical punishment of children. Sweden became the first country in the world to ban smacking in the home in 1979 when it outlawed corporal punishment.
What is the law in Wales about smacking children? Wales has approved a ban on parents smacking children and is expected to come into force in 2022. Welsh Minister for Children Huw Irranca-Davies says that there is no place for physical punishment of children in a modern and progressive Wales. Wales Online quote him as saying: “The Welsh Government is rightly proud of its record of promoting children’s rights and working to ensure all children in Wales have the best start in life. “As Minister for Children, I’ll work to ensure the rights of every child and young person in Wales are respected so they can grow up to lead happy, healthy lives and to be responsible, active citizens. “When the Rights of Children and Young Persons (Wales) Measure 2011 was passed, it broke new ground. We were brave enough to be the first in the UK, and amongst only a few in Europe and the World, to put such arrangements in place. I’m determined to continue to deliver on this commitment. “Our understanding of what is needed to protect and support children and their families has changed considerably over the years, and societal norms have changed as a result. “It can no longer be acceptable in a modern and progressive society for children to be physically punished. It is right that as a Government, we take action to protect children and support parents to use positive and effective alternatives to physical punishment.” Injuries which could be counted as common assault: Grazes, Scratches, Abrasions, Minor bruising, Swellings, Reddening of the skin, Superficial cuts, A ‘black’ eye
Footnote3: Read here by Shaikh Abu Khadeejah [may Allaah preserve him] https://www.abukhadeejah.com/a-man-who-intends-to-marry-a-woman-should-look-at-her/
[Ref 1: An Excerpt from here: https://binbaz.org.sa/old/3888. paraphrased]
