نوع مقاله : پژوهشی (داوری عادی)
1 استادیار فقه و مبانی حقوق اسلامی دانشگاه آزاد نائین و مدرس سطوح عالی حوزه علمیه قم
2 دانشجوی دکتری رشته فقه و مبانی حقوق اسلامی دانشگاه فردوسی مشهد و مدرس سطوح عالی حوزه علمیه مشهد
عنوان مقاله [English]
The issue of shaking hands with non-mahram men and women has long been noteworthy, as it has been questioned by infallible Imams' (a.s) companions. Grand jurisprudents have also mentioned this issue and different viewpoints have been mentioned by them in this regards. Having studied and analyzed the written jurisprudential and narrative sources and having used different Osuli principles, the authors of this paper have investigated this secondary jurisprudential issue. This issue has been focused on from three angles of primary rules, secondary rules, and practical principles. It is concluded that a Muslim man's shaking hands with a Muslim woman is not permissible unless the following three conditions are satisfied: the presence of a veil, not shaking the hands tightly, and shaking the hands with no seductive intention. Nevertheless, regarding shaking hands with non-Muslim women, the rule is issued based on different Osuli principles. Some rules deem shaking hands with them permissible while other do not like shaking hands with a Muslim woman unless the three above-mentioned conditions are met. Eventually, if there are doubts regarding the permissibility or illegality of shaking hands with non-Muslim women, as this issue falls under the category of shobhe-ye hokmiyeh tahrimiyeh, presumption of innocence is ruled and shaking hands with them would be permissible.
 Faculty Member of Naeen Islamic Azad University and Seminary Instructor; E-mail:firstname.lastname@example.org
 PhD Candidate of Islamic Law and Jurisprudence at Ferdowsi University of Mashhad and Mashhad Seminary High Level Courses Instructor; E-mail: email@example.com