What is the legal ruling regarding the gaze upon women for men who lack sexual desire?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The ruling for a man who has lost his sexual desire due to advanced age, impotence, disease with no hope of recovery, castration, old age, or a type of effeminate man (mukhannath) who lacks desire, is the same as that of a close male relative (mahram) concerning gazing upon women. This is based on the divine statement found in the Quran, Surah An-Nur: 31, which states, 'or those male attendants having no sexual desire.' This refers to those who have no need or inclination for women. Ibn Abbas interpreted this as one from whom women do not feel shy. Mujahid and Qatadah interpreted it as one who has no interest in women.
Supporting text
If the effeminate man possesses sexual desire and is knowledgeable about women's affairs, his ruling is that of any other man. Evidence for this is the narration by Aisha that an effeminate man used to enter upon the Prophet's wives and was counted among those without desire. However, when the Prophet (peace be upon him) entered and heard this person describing a woman's mannerisms in detail, he remarked, 'I see this one knows what is here!' and ordered that he should not enter upon them again. This incident, narrated by Abu Dawud and others, shows that knowledge or awareness of women's intimate matters negates the exemption.