Fiqh question on massage

Q. At my workplace my colleagues are going on an away day and as part of it there is an optional neck/shoulder massage available. I am not interested in it but one of my Muslim colleagues (male) is. So I wanted to find out if a fully clothed neck & shoulder massage performed by a masseur of the same gender (male) is allowed.

A. There is a principle in Islam that states, “The original ruling for a matter is permissibility”. Based on this premise, as a general principle, mu’amalat activities (not related to worship directly such as behaviour, day to day dealings etc) are originally permissible in Islam unless there is an evidence of some prohibited elements involved in such activities, which would then effectively change the original ruling.

Shaykhul Islam Yusuf al Qaradawi explains this principle in more detail in his book ‘The Lawful and the Prohibited in Islam’. He wrote:

‘’I would like to emphasize here that the principle of natural permissibility is not only limited to things and objects but also includes all human actions and behaviour not related to acts of worship, which may be termed living habits or day-to-day affairs. Here again, the principle is that these are allowed without restriction, with the exception of a small number of things which are definitely prohibited by the Law-Giver, Allah Subhanahu wa Ta’ala, Who says:

…He (Allah) has explained to you what He has made haram for you…. (6:119) including both objects and actions.

The case is different, however, in relation to acts of worship. These are purely religious acts which can be taken only from what Allah Himself reveals. Concerning this we have a sound hadith: “Any innovation in our matter (worship) which is not a part of it must be rejected.” (This hadith is classified as muttafaq’alayh (“agreed upon” by the two great scholars al-Bukhari and Muslim).)

Anyone who invents or originates a form of worship on his own has gone astray and must be repudiated, for only the Law-Giver Himself has the right to originate acts of worship through which human beings may seek nearness to Him. Living habits and day-today matters, however, did not originate with the Law-Giver; they were originated and acted upon by human beings themselves. Thus the Law-Giver intervenes only to rectify, to moderate, or to refine them, and occasionally to identify some practices which are harmful or which may lead to strife.

The great Islamic scholar Ibn Taymiyyah states, Peoples’ sayings and actions are of two kinds: acts of worship by which their religion is established, and customary practices which are required for day-to-day living. From the principles of the Shari’ah, we know that acts of worship are those acts which have been prescribed by Allah or approved by Him; nothing is to be affirmed here except through the Shari’ah. However, as far as the worldly activities of people are concerned, they are necessary for everyday life. Here the principle is freedom of action; nothing may be restricted in this regard except what Allah Subhanahu wa Ta’ala has restricted. This is the case because commanding and prohibiting are both in Allah’s hands. As far as worship is concerned, there has to be a command from Him concerning it. Thus, when it requires a command (from Allah) to establish something, how can we say that something is restricted without His command?

This is why Ahmad (bin Hanbal) and other jurists, who base their judgements on ahadith, (Plural of hadith. (Trans.)) say: In relation to acts of worship, the principle is limitation (tawqeef); that is to say, nothing can be legislated in this regard except what Allah Himself has legislated. To do otherwise is to incur the risk of being included in the meaning of the ayah: ‘Do they have partners (with Allah) who have prescribed for them in religion that concerning which Allah has given no permission?’ (42:21) But as far as living habits are concerned, the principle is freedom because nothing can be restricted in this regard except what Allah Himself has prohibited. Here, to do otherwise, is to be included in the meaning of His saying: ‘Say: Do you see what Allah has sent down to you for sustenance? Yet you have made some part of it halal and some part haram.’ (10:59)

This is a great and beneficent principle, on the basis of which we can say that buying, selling, leasing, giving gifts, and other such matters are necessary activities for people, as are eating, drinking, and the wearing of clothes. If the Shari’ah says something concerning these mundane matters, it is in order to teach good behaviour. Accordingly, it has prohibited whatever leads to strife, has made obligatory that which is essential, has disapproved that which is frivolous, and has approved that which is beneficial. All this has been done with due consideration for the kinds of activities involved, their magnitudes, and properties’’. (Lawful and the Prohibited in Islam)

Massage falls under the category of permissibility unless there are some prohibited elements involved to change the original ruling. Studies inform us that it can be very therapeutic to the mind and body and Islam does not abhor anything that brings about maslaha (benefit) to humanity. Therefore, your question concerning a man massaging another man is valid as long as the following conditions are met:

1. The ‘Awra should be covered – for men it is between the navel and the knee.

2. The person giving the massage should not have homosexual inclinations.

3. Off course men and women who are not mahram are completely forbidden to give massage to one another.

Wallahu ‘Alam

Abdullah Hasan