One of them—an individual devoid of fiqh and discernment—took matters to an extreme and claimed that the Imams, may Allah be pleased with them, were unanimously agreed on this point.(1) Now, when the word “Imams” is used without qualification, what first comes to mind are the four mujtahid Imams, and there is no report from any of them that they ever stipulated the condition just mentioned; what follows will show how unworthy such an attribution is of their learning. In fact, the plain wording already cited (pp. 119–121) concerning their permission to look at those parts of a woman flatly contradicts it.
For that reason none of the leading later adherents of Abu Hanifah paid any heed to that condition—not even Muhammad b. Ahmad b. Abi Sahl, Abu Bakr Shams al-A’immah al-Sarakhsi (d. around 500 AH), whom the erudite Laknawi describes in al-Fawa’id (p. 108) as:
“He was an imam, a scholar of vast learning, an authoritative proof, a theologian, a debater, a master of uṣūl, and a mujtahid; Ibn Kemal Pasha counted him among the independent jurists in legal questions.”
I say: This Sarakhsi—despite his lofty status—openly declared, following Abu Hanifah, his two companions, and al-Tahawi (as noted earlier), that it is permissible to look at women who are not one’s unmarriageable kin, while also stating that the prohibition on looking exists because of the fear of temptation and that the danger of temptation in gazing at her face is greater than in gazing at any other part of her body. Nevertheless, he concludes in his al-Mabsūt (10/152, Dār al-Maʿrifah, Beirut):