Does looking upon a woman's private parts with desire prohibit marriage (create perpetual prohibition)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Looking upon a woman's private parts with desire establishes the perpetual prohibition (*nashr al-hurmah*) in that specific area, equivalent to touching for desire. This view is attributed to Umar, Ibn Umar, Amir ibn Rabi'ah, Abdullah ibn Amr, Al-Qasim, Al-Hasan, Mujahid, Mak'hul, Hammad ibn Abi Sulayman, and Abu Hanifa. The supporting evidence is the saying of the Prophet, peace be upon him, related by Abdullah ibn Mas'ud: Whoever looks upon a woman's private parts, her mother and daughter become unlawful to him. Another narration states: Allah will not look upon a man who looks upon a woman and her daughter.
Supporting text
The opposing view holds that looking does not establish prohibition. This is the opinion of Al-Shafi'i and the majority of scholars, based on the verse {And lawful for you are all those beyond these} (Quran 4:24). They argue that looking without direct contact does not necessitate prohibition, similar to looking at the face, and that the report concerning Ibn Mas'ud is weak, as stated by Al-Daraqutni, or that it is a saying dependent upon Ibn Mas'ud. Furthermore, it might metaphorically refer to sexual intercourse (watu').