A female Muslim prisoner strip-searched by female non-Muslim prison staff
Fatwa No: 90923

Question

A young Muslim woman (aged approx 20 years) is in prison in a Western country. She must agree to be strip-searched (to complete nakedness) by non-Muslim female prison staff in order to have visitors. Is this permissible?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

It is not permissible for a woman to reveal her 'Awrah (parts of the body that must be covered in Islam) to another woman as the Prophet said: "A woman should not look at the 'Awrah of another woman." [Muslim and At-Tirmithi] So, it is an obligation for a woman to cover her 'Awrah and it is forbidden for her to reveal any part of it even to another woman; this obligation is even more confirmed and it is even more forbidden if it is a non-Muslim woman who takes off the clothes of the Muslim woman. That is because it is forbidden for a Muslim woman to reveal any part of her body to a non-Muslim woman, except her face and hands according to the view of some scholars.

Therefore, we advise this woman who is afflicted by imprisonment in those countries which do not respect the honour or dignity of the woman, to completely refuse to take off her clothes. If it is a condition on her to take off her clothes so that the prison staff will allow visitors to visit her, then she should refuse visitations and be patient, and Allaah will make a way out for her. Allaah Says (what means): {… And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). And He will provide him from (sources) he never could imagine.}[Quran 65:2-3]. Allaah further Says (what means): {And whoever fears Allaah — He will make for him of his matter ease.}[Quran 65:4]. However, if the prison staff force her to reveal her body and she has no choice, then we hope that she is not sinful because she is forced to do so. The Prophet said: "My nation will not be held accountable for things they forget to do or things that they do by mistake, or things they are forced to do." [Ibn Maajah]

Finally, we ask Allaah to make a way out for her and set her free from imprisonment, and rectify the affairs of all Muslims.

Allaah Knows best.

Related Fatwa