Is It Permissible to Employ Women in a Restaurant and Work Alone With Them?

Question: سلام عليكم I live in Canada Ontario, and I want to know if it is permissible to hire women to work at a restaurant. I own a restaurant and women are usually better at cooking and helping customers compare to men. However, I’m not sure if it is permissible to be working in the restaurant alone with a woman without her having a mahram. However, if I get two female employees so it’s not just two of us that will cost me a lot. What is the ruling on this sheik? جزاك الله خيرا

Summary:

It is not permissible for the restaurant owner to hire a non-mahram woman to work alongside him or the male employees, because this is a form of mixed-gender work which a number of scholars have prohibited. The fundamental issue of mixing is not removed merely by hiring two women instead of one. Shaykh Ibn Baz رحمه الله said: In the fatwa of Ibn Baz: The Ruling on a Woman Working in a Place Where There Is Mixing “As for her working alongside him while he is not her mahram, this is not permissible, because this is among the causes of fitnah.” He also said: “What is obligatory is that women work in the field of women, and that men work in the field of men.”

Answer:

The basic principle is that the Shariah commands men and women to stay away from the causes of fitnah. Allah, the Most High, said:

From the Qur'an:

  • [Surah An-Nur: 30]
    “Tell the believing men to lower their gaze and guard their chastity.”
  • [Surah An-Nur: 31]
    “And tell the believing women to lower their gaze and guard their chastity.”

From the Sunnah:

  • Sahih MuslimAbdullah ibn Abbas رضي الله عنهما said: I heard the Prophet ﷺ delivering a sermon in which he said:
    “No man should be alone with a woman unless she has a mahram with her.” Agreed Upon

However, the issue here is broader than merely khalwah, because working in a restaurant may require the man and woman to remain together for long hours while cooking, preparing food, serving customers, and speaking continuously. This is the type of mixing in the workplace which Shaykh Ibn Baz prohibited.

From the Scholars:

  • Sheikh Bin Baz رحمه الله was asked about a woman who works in a place where there is one man or more, and he said:
    “If she works with women... in a place where there is no mixing with men... then there is no problem... As for her working alongside him... this is not permissible.” Fatwa: The Ruling on a Woman Working in a Place Where She Mixes With Men
  • In another fatwa, he said:
    “Do not work with men... Look for another job among women.”
  • He also said, explaining the basic principle regarding fields of work:
    “What is obligatory is that women work in the field of women, and that men work in the field of men.” Fatwa: The Ruling on Women Mixing With Men in Certain Types of Work

Does Hiring Two Women Resolve the Issue? It does not resolve the fundamental issue of mixing. Yes, the presence of two women may remove the specific situation of khalwah between one man and one woman, but it does not make continuous mixed-gender work permissible according to the view mentioned above. There are therefore two matters that should be distinguished: Khalwah: A man being alone with a non-mahram woman, and this is prohibited. Mixing in the workplace: Men and women working together continuously and repeatedly. Shaykh Ibn Baz also prohibited this, even when there is no khalwah.

From the Scholars:

  • For this reason, he رحمه الله said regarding a man who works with women:
    “Working with women involves great danger... My advice to him is to stay away from this work and to work in the field of men, not in the field of women.” Fatwa: The Ruling on Mixed-Gender Work Between Men and Women
  • Likewise, Shaykh Ibn Uthaymeen رحمه الله said:
    [The basic ruling regarding a woman working in buying and selling is that it is permissible. However, if it results in prohibited mixing with men, then it is not permissible.] Fatwa of Ibn Uthaymeen: The Ruling on a Woman Working in Buying and Selling

What Is the Solution for the Restaurant Owner? If he wants to employ women, then they should have a separate section specifically for them, where men do not work with them and where the work does not involve continuous mixing between the two sexes. Otherwise, he should employ men to work with him. The fact that women, based on his experience, are better at cooking or serving customers, or that employing a greater number of workers would cost more, does not make prohibited mixing permissible.

From the Scholars:

  • Ibn Baz was asked about a woman who was in need of work and had no one to financially support her children. Despite this, he said:
    “She should strive to find work... but through permissible means: working in the field of women, not in the field of men.” Fatwa of Ibn Baz: A Woman Working Out of Need in a Job Involving Mixing

Conclusion: It should not be said regarding this issue: “You may hire a woman to work in the restaurant provided that you are not alone with her,” because merely eliminating khalwah does not eliminate the issue of mixing in the workplace. Therefore, based on the fatwas of Shaykh Ibn Baz and those who agreed with him, the restaurant owner should not employ a non-mahram woman, meaning, he is not her mahram, to work alongside him or the male employees, even if he hires two women and khalwah is thereby eliminated, because mixed-gender work itself is prohibited. If he wishes to employ women, then their work should be separate from the men and in a field specifically for them. Otherwise, those working with him should be men, in accordance with the statement of Ibn Baz رحمه الله: “Women’s work should be in the field of women, and men’s work should be in the field of men.”

And Allah knows best.

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