Fathwa, - Swimming In Front Of A Non-Mahram Male

Question:
There is a sister I know who is in a confusing situation. A few months
back she received surgery on her knee and has been given swimming as
physiotherapy. The problem is that although she attends a women-only
session, there is a male lifeguard on duty. What should she do?
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
A woman (and a man) must cover the nakedness (awra) of her body in the
presence of non-mahram males and also non-Muslim females, which is her
complete body except the face, hands (up to the wrists) and feet (up
to the ankles). The rest of the body must be covered in loose and
non-transparent clothing.
Therefore, normally it would not be permitted for a Muslim sister to
attend swimming sessions where non-mahram males such as male
lifeguards or non-Muslim females are present. Even if it is a private
�Muslim-women only� swimming session, she will have to take
precautions by not wearing tight-fitting clothing such as regular
swimming costumes.
With regards to the sister in question who has been prescribed
swimming as physiotherapy due to the surgery she received on her knee,
the following needs to be considered:
The ruling is that a woman must cover her nakedness unless there is a
genuine and valid excuse, such as for medical treatment. The jurists
(fuqaha) explain that medical treatment from a male doctor is only
permitted when there is a need and no female doctors are reasonably
available.
It is stated in al-Fatawa al-Hindiyya:
�If a woman has a wound on a part of the body that is impermissible
for a male to look at (i.e. nakedness), it will be impermissible for
her to receive treatment from a male doctor, rather a female should be
instructed to treat her. If a female expert is not available, neither
is there a female who can be instructed to treat her� then it would be
permitted for a male doctor to treat her, provided there is a genuine
need.� (al-Fatawa al-Hindiyya, 5/330)
Moreover, the jurists tell us that prohibitions and particularly
unlawful medication become permissible when no other alternative is
reasonably available. In the case of an alternative being available,
it would not be permitted to avail of unlawful medication.
Now, you state that the sister attends swimming sessions for a medical
purpose and that swimming is the best form of physical medicine for
her. However, in light of the above, committing something unlawful
(which is exposing one�s nakedness, in this case) only becomes
permitted when there is a genuine need and no alternative is
available.
Therefore, if she can arrange to swim in a place where no non-mahram
males (or non-Muslim females) are present, then she should do that.
Mere difficulty in getting back for work or other such matters would
not justify exposing one�s nakedness in front of non-mahrams.
If this is not possible, then she should look at other means of
therapy. You state that swimming is the best form of therapy; hence it
seems that other alternatives are available. Unlawful medication only
becomes permitted when no other reasonable alternative is available,
thus it would not be allowed to expose one�s nakedness when another
alternative is available.
However, if it is not possible at all for the sister to find a
all-women swimming place (where no non-mahram males are present), nor
is there another alternative for her therapy, in that the experts
state swimming is the only realistic form of therapy and other forms
of exercise are not that effective, then due to extreme and genuine
need she may be allowed to swim there.
And Allah knows best