Does looking upon other parts of a woman's body with desire prohibit marriage?

Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 2

Open in Qurani

Primary text

Looking upon parts of the body other than the private parts with desire does not establish perpetual prohibition. This is because the private parts are unique, and analogy cannot be drawn to other areas. It is unanimously agreed that looking at the face does not establish prohibition, and therefore other areas do not either. It is also unanimously agreed that looking without desire does not establish prohibition, as touching, which is stronger, has no effect without desire, making looking less impactful.

Supporting text

Some scholars within our school hold that there is no difference between looking at the private parts and the rest of the body when done with desire. The correct position refutes this distinction.