Question Summary:
Is it permissible to accept gifts from ghair mahram?

Question Detail:

I want to ask that is taking hadiya (gifts) from ghair mehram lawful?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The purpose of exchanging gifts (Hadya) is to create, maintain or express love and closeness between two persons. Nabi Sallallahu Alayhi Wa Sallam said:
تَهَادَوْا تَحَابُّوا
“Exchange gifts amongst yourselves, love shall be created amongst you.”[1]
In principle, it is permissible to practice on the Sunnah of gifting and accepting gifts. However, in doing so, we must consider the overarching principle of Shariah that there should be no violation of Shariah in that. For example, a Ghair Mahram male presents a gift to a woman with whom there is a potential of establishing and enhancing a haram relationship. While exchanging gifts is a Sunnah, in a situation of a potential of a fitnah, the overarching principle to avoid fitnah will govern the situation and as such, exchanging gifts with a Ghair Mahram will not be permissible. The gift will be a means of establishing a haram and illicit relationship between the two and therefore, it will not be permissible.
If there is no potential of fitnah in exchanging gifts, then it will be permissible.[2] It is also important to note that one should not trust ones Nafs from being free of being trapped in any fitnah. The Nafs has a tendency of justifying ones aspirations.
 
And Allah Ta’āla Knows Best
Nabeel Valli
Student Darul Iftaa
Lusaka, Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net