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It is not
obligatory for the Muslim woman to cover her face
The view that the
veil (face cover) has been made compulsory for women in Islam, by which
their face other than the eyes, should be covered, is an Islamic opinion.
Some Mujtahid-Imams from the mazahib have taken this view. Another Islamic
opinion is that veil has not been made compulsory for women in Islam and
that their face do not have to be covered under any circumstance. This view
has also been held by some Mujtahid-Imams from amongst the mazahib. This is
one of the serious social problems as the adoption of either of these two
opinions, will effect the style of the Islamic life. A comprehensive
exposition of the Shari'ah evidences relating to this problem, by its study,
pursuance and application to the problem is imperative. Muslims can only
adopt the strongest opinion in terms of the evidence and in order that the
Islamic State adopts the strongest opinion according to the preponderance of
the evidence.
Indeed, for nearly half a century discussions concerning women have taken
place. These discussions were generated by the disbelieving colonialists
in the minds of those infatuated by the West, and smitten by its culture and
viewpoint about life. They attempted to insert un-Islamic opinions into
Islam and corrupt the Muslims Aqeedah. The colonialists inserted the notion
of total seclusion (face cover) and the unveiling of women. The intellectuals
amongst the Ulama did not challenge these people. It was authors, men of
letters and narrow minded educated people who confronted them and led to the
strengthening of the views of those smitten by the western culture. This
made their thoughts the subject of study and discussion despite the fact
that they were western thoughts, which were initiated to attack Islam,
corrupt the Muslims and cause doubt concerning their Deen. Indeed, these
discussions did take place and their remnants and effects are still present
today. However, they do not merit study or reach the status of a legislative
and societal discussion. The correct discussion only concerns the Shari'ah
rules derived by the scholars in which they relied on a daleel(evidences)
or a semblance of a daleel (evidence) and not the study of the views of
writers, designations of agents, the sophistry of the deceived, and the lies
of the ones enamoured by the western culture. As for what the scholars have stated by way of derivation from the Shari'ah evidences, i.e. what
should be made the object of study and discussed from the legislative point
of view. In addition to the views of scholars, the views of certain fuqaha,
sheikhs and those partisan to face cover will be studied in order to eliminate
any doubt from their minds. The views of the scholars and their evidences
will be examined until the strongest view is apparent and whoever considers
this view preponderant, is required to act according to it and work to apply
it.
Those who advocated the veil took the opinion that the 'awrah of the woman
includes the whole body except the hands and face but that this only applies
in prayer. Whilst not praying, they said that her whole body is 'awrah,
including the hands and face. This opinion is based on their view of the
Kitab and Sunnah.
As for the Kitab, Allah (swt) says:
''And when you ask (his wives) for anything you want, ask them from behind a
screen (face cover)''. [Al- Ahzab: 53]
The verse is clear in terms of its imposition of the screen (veil) on them.
Allah (swt) says:
''Oh Prophet ! Tell your wives and your daughters and the woman of the
believers to draw their cloaks all over their bodies. That will be better,
that they should be known so as not to be annoyed''. [Al- Ahzab: 59]
They maintained that the meaning of 'to draw their cloaks all over their
bodies' is that they should cast it over their persons and conceal their
faces and figures with them. They thought that women in the early period of
Islam followed the custom in Jahiliyya, thus indecently wearing a chemise
and a khimar (head cover), with no difference between a free woman and a
slave girl. The devious amongst the youth (of Medina) used to molest the
slave girls when they used to go out through the palm trees in the fields to
answer the call of nature. Sometimes they would molest free women and claim
that they were slave girls, they would say we thought that so and so is a
slave girl. Free women were thus ordered to differ in their attire from the
clothing of slave girls i.e. by wearing a loose outer garment (Ardiya) and
cover (Malahif), and by covering their heads and faces in order to look
modest and walk briskly so that the wishful do not desire anything of them.
This was considered more appropriate so that they are recognised and not
molested. Some amongst them say (with respect to the part of the verse);
that they should be known that there is an elision of the la (of negation).
In other words it is more appropriate that attractive and non-attractive
women should not be recognised so that they are not antagonised. Allah (swt)
also says:
''And stay in your houses, and do not display yourselves as in the times of
ignorance''.
[Al- Ahzab: 33]
They said that Allah's command to women to stay in their houses is an
evidence for the veil.
As for the Sunnah, they base their opinion on the narration that the Prophet
said: ''The woman (herself ) is 'awrah'', and because of the Prophets saying:
''If anyone of you (the women) has a (male) slave who wants to free himself
(by buying himself) and he possessed the price, you should seclude yourself
from him''. And due to what has been narrated from Umm Salama who said: Hafsa
and I were sitting with the Prophet when Ibn Umm Maktum asked permission to
enter. So the Prophet said: ''seclude yourselves from him''. So I said ''Oh
Messenger of Allah. He is blind, he cannot see''. He said: ''Are you also
blind. Can you not see him?'' Abu Dawud narrated that: Al-Fadl b. Abbas at
the time was the Prophet's riding partner when a woman from Banu Khatham
came seeking a hukm. Al-Fadl began looking at her and she at him, so the
Messenger of Allah made al-Fadl turn his face away from her. Jarir b. Abd
Allah narrates: ''I asked the Messenger of Allah about the sudden glance (Nazra
al-Fuja'a), so he instructed me to ''look the other way''. It has been
narrated from Ali (ra) that he said: ''The Messenger of Allah told me: ''Do
not follow up the (first) glance with a second look. The first is permitted
for you but not the second''.
These are the evidences of those who advocate face cover and say that a woman's
entire body is 'awrah. However, they are evidences, which do not apply to
the issue they are quoted for, because none of them relates to the subject
at hand. As for the Ayah of face cover and the verse (quote) to stay in your
houses, there is absolutely no connection between it and the wives of the
Muslims. Both are specific to the wives of the Messenger as the verse
explicitly indicates when it is read in full. It constitutes a single verse
interlinked by words and meaning. The (full) text of the Ayah is:
''Oh you who believe! Enter not the Prophet's houses, except when permission
is given to you for a meal, (and then) not (so early as) to wait for its
preparation. But when you are invited, enter, and when you have taken your
meal, disperse, without staying for a conversation. Verily, such (behaviour)
annoys the Prophet, and he is shy of (asking) you (to go), but Allah is not
shy of telling you the truth. And when you ask (his wives) for anything you
want, ask them from behind a screen (face cover) that is purer for your hearts
and for their hearts. And it is not (right) for you that you should annoy
the Messenger of Allah, nor that you should ever marry his wives after him.
Verily! With Allah that shall be an enormity''. [Al- Ahzab: 53].
So the verse is a text concerning the wives of the Prophet and is
specific only to them. It has no connection to the wives of the Muslims
or to any woman other than the wives of the Messenger . Supporting the fact
that this verse is specific to the wives of the Messenger is the narration
from Aisha(ra) who said: ''I was eating food (Hais) with the Prophet in a
dish. Umar passed by so the Prophet invited him in and he ate. My finger
touched his, Umar said: ''Had my view about you (the Prophets wives) been
taken, no one should have seen you. Then the seclusion (face cover verse) was
revealed''. This is also supported by the narration that Umar said: ''Oh
Messenger of Allah , the righteous person and the Fajir one is admitted to
you. Have you not secluded the mothers of the believers?'' Then Allah
revealed the verse of al-face cover. Also it was narrated that Umar passed by the
Prophet's wives while they were with the women in the Mosque, he said: ''If
you secluded yourselves you would have status over the women as your husband
has the status over the men''. Zainab (may Allah be pleased with her) said ''Oh son of al-Khattab indeed you're more concerned about us while the Wahy
comes down in our houses''. It was not long after that, that the Ayah of face cover
was revealed. Therefore, the text of the Ayah and these Ahadith are
definite in meaning that they were revealed regarding the wives of the
Prophet and for none other.
As for the verse: ''And stay in your houses'', it is also specific to the
wives of the Messenger The following is the complete text:
''Oh wives of the Prophet! You are not like any other women. If you keep your
duty (to Allah), be not soft of speech, lest he in whose heart is a disease
should be moved with desire, but speak in a fitting manner. And stay in your
houses, and do not display yourselves as in the days of ignorance (Jahiliyya),
and perform As-Salat, and give Zakat and obey Allah and His Messenger. Allah
wishes only to remove Ar-Rijs from you, Oh members of the household (of the
Prophet) and to purify you with a thorough purification''. [Al- Ahzab:
32-33].
Thus, it is explicit that the verse was specifically revealed concerning the
Prophets wives because the speech is addressed to them and is specific to
them; ''Oh wives of the Prophet! You are not like any other women''. There
cannot be a text more informative and indicative than the fact that this
verse was revealed concerning the Prophet's wives and that it is particular
to them. This understanding is confirmed in the last part of the speech of
Allah at the end of the verse itself;
''Allah wishes only to remove Ar-Rijs from you, Oh members of the household
(of the Prophet) and to purify you with a thorough purification'' [ Al- Ahzab:
33]
It is clear that this description is specific to the wives of the Prophet
and that He has instructed them with the foregoing in order to remove from
them the rijs(dirt) and purify them because they belong to the household of the
Prophet. This has also been confirmed by the verse that directly follows it.
After His (swt) saying: ''to purify you with a thorough purification'', It is
followed by:
''And remember (Oh you members of the Prophets household, that which is
recited in your houses of the Verses of Allah and Al-Hikmah. Verily, Allah
is Ever Most Courteous, Well- Acquainted with all things'' [Al- Ahzab: 34]
Thus, Allah (swt) reminds them that their houses are the cradle of
revelation (Wahy) and He has commanded them not to forget what is recited in
them from the Qur'an.
These two verses are clear in that they concern the Prophet's wives and that
they are specific to them. There is no indication in any of the two verses
that the command is intended for Muslim women other than the Prophet's
wives. There are yet other verses which are specific to the wives of the
Messenger such as the saying of Allah (swt): ''And nor that you should ever
marry his wives after him''. So it is not permitted for the Prophet's wives
to marry after him contrary to the example of Muslim women who can get
married after the death of their husbands. Both verses of face cover are specific
to the Prophet's wives just as the verse, which prohibits their marriage
after the Prophet .
It is correct to say in this context what matters is that the terms are
general and that it matters little that the cause is specific. And that the
cause (Sabab) of the revelation of the verses is the Prophets wives but
these verses are general (Amm) to the Prophet's wives and others. This is
not true, because the cause (Sabab) of revelation is an event that has
happened. Thus, the event is the cause (Sabab) of revelation. With regards
to the situation here, the wives of the Messenger do not constitute an event
that has happened, rather it is a case of a specific text that has been
revealed concerning specific persons whose identity has been stated. Thus,
Allah (swt) said: ''Oh wives of the Prophet! You are not like any other
women''. He (swt) also said: ''And when you ask them for anything you want''.
The personal pronoun they (Hunna) refers to the Prophet's
wives and designates them to the exclusion of others. And that is followed
by Allah's saying: ''And it is not (right) for you that you should
annoy Allah's Messenger'', which informs us of the reason for their
veil (face cover). All of this indicates that the two verses are texts that have
come concerning the wives of the Messenger . Therefore, the principle: What
matters is the generality of expression and not the specificity of the cause
(Al-'ibra bi 'umum al'lafz la bi khusus as-sabab) does not apply to these
two verses.
Similarly, it should not be said that the speech (Khitab) to the wives of
the Messenger is an address to Muslim women because the fact that a specific
address for a specific person is a speech for the believers only pertains to
the Messenger Muhammad . It does not include his wives. Therefore, the
speech (Khitab) to the Messenger is speech to the believers. As for the
address to his wives, it is specific to them because only the Messenger is
the object of emulation in each address, action or silence, as long as it
does not include those things that are particular to him. As for the wives
of the Messenger they are not the object of emulation because Allah (swt)
says:
''Indeed in the Messenger of Allah you have a good
example'' [Al- Ahzab: 21].
It is not right that the Prophet's wives should be emulated, in the sense
that an action is done because they did it, or an attribute should be
possessed because they have been characterised with it. This only pertains
to the Messenger because he doesn't follow anything but the revelation.
Likewise, it should not be said that since they are the wives of the
Messenger and they are pure, and since the revelation has been recited in
their houses and they have been required to seclude (face cover) themselves, that
other Muslim women by greater reason (Bab-awla) should be required to stay
in seclusion (face cover). This cannot be claimed for two reasons:
Firstly: this judgement is not by way of greater reason because the
(principle) of greater reason (Al-awla) is that Allah forbids a small issue
which then becomes prohibitive of a large issue by greater reason (Min bab
awla), such as the statement of Allah(swt):
''Say not to them a word of disrespect '' [Al- Isra: 23]
The application of the principle: 'What matters is the generality of
expression and not the specificity of the cause' has been disproved as well
as the question of emulating the wives of the Messenger . Additionally the
consideration of people other than the Prophet's wives by greater reason has
also been refuted, and it has been established that the text is definite in
its reference to the wives of the Messenger . It follows therefore that
those two verses are specific to the wives of the Messenger and they
definitely do not include Muslim women in any way whatsoever. From this, it
can be determined that face cover is specific to the wives of the Messenger and
the order to remain in the house is also specific to them.
As for the second verse which is the saying of Allah I: to draw their cloaks
(Jalabeeb) all over their bodies, it does not indicate veiling the face at
all. Neither in terms of its wording (Mantuq) nor in terms of its
understanding (Mafhum). Nor is there a word, which indicates this whether on
its own, or as part of a sentence, assuming that the cause (Sabab) of
revelation is correct. The verse says: ''to draw their cloaks (Jalabeeb) all
over their bodies''. Its meaning is that women should cast their cloaks from
(Min) over their persons and the preposition min here is not used
partatively but only to explain (Li al-bayan) that they should cast it over
their persons. To lower the covering means to let it drape down. To lower
the clothing means to let the clothing drape down, and they lowered their
clothing means they let it drape down. The Jilbab is a cover (Milhafa), used
to conceal a dress and other items of clothing it can also be clothing which
covers the entire body. It is stated in the al-Qamus (dictionary of) al-Muhit:
that the Jilbab, is in the form of the Sirdab or the Sinmar, or is the gown
and a large garment for women down from below the cover milhafa, or is that
which conceals her clothing like a cover Milhafa. Al-Jawhari has stated in
al-Sihah (another dictionary) that: The Jilbab is the cover (Milhafa) and
some say it is a sheet (Mulaah). Jilbab has been mentioned in the Hadith
with the meaning of mulaah (sheet) which the woman wrapped over her clothes.
It has been narrated on the authority of Umm Atiyya (ra.): We were ordered
to bring out our menstruating women and veiled women in the religious
gatherings and invocation of Muslims on the two 'Eid festivals. These
menstruating women were to keep away from prayer, witnessing the blessing
and dua of the Muslims. I asked, ''Oh Messenger of Allah , what if one of us
does not have a Jilbab?'' He said, ''Let her wear the Jilbab of her sister''.
Which means that she did not have a garment to wear over her clothes to go
out in. So, the Prophet ordered her to borrow one from her sister, which she
could wear over her dress. The verse makes it clear that Allah (swt) has
requested the Prophet to tell his wives and the wives and daughters of the
Muslims to wear garments over their clothes which reach right down to the
feet as evidenced by the narration of Ibn Abbas: ''The Jilbab is the rida
(large sheet of cloth) which covers from top to bottom''.
So the verse indicates that the Jilbab, which is a large garment should be
draped down to the bottom (feet), and does not indicate anything other than
this. If this is the case, how is it possible to understand that to cast
their outer garments (Jalabeeb) over their persons means to cast their
garments over their faces? No matter how much the word yudnina (to drape
down) or the word Jilbab is interpreted within the limits of the linguistic
(Ma'na loghawi) and juristic meaning, the verse stipulates the draping down
of the garment. Draping can only mean draping it down to the bottom (feet)
and not raising it to the head. Therefore, there is no evidence in this
verse to prove face cover. Nor is there even a semblance of an evidence, by any
stretch of the imagination. The words and sentences of the Qur'an are
interpreted according to their linguistic and jurisprudence meanings, it is
incorrect to interpret them in any other way. The linguistic meaning clearly
indicates that women have been ordered to caste their outer garments (Jalabeeb)
over their persons, to let them lower their garment over their clothes to
the floor until the feet are covered. This meaning, in terms of letting the
Jilbab drape down, is found in the noble hadith. It is narrated on the
authority of Ibn Umar that the Messenger of Allah said: ''On the day of
judgement, Allah will not look with mercy towards the one who trails his
garment behind him in haughty pride''. Umm Salama asked: ''what are the women
to do with the hems of their dresses?'' He answered: ''Let them increase their
hems the length of a hand span''. She rejoined: ''Then their feet will be
uncovered! He then replied: ''Let them increase a fore arms length and no
more''. [Tirmidhi] (note:this is not required if the women wear socks)
This is with respect to the verses that are used as evidence by those who
claim that face cover for Muslim women has been decreed by Allah. As for the
ahadith which are used to prove face cover they do not indicate this.
The Prophet said: ''If anyone of you (the women) has a (male) slave who wants
to free himself (by buying himself) and he possessed the price, you should
seclude yourself from him''.
And due to what was narrated from Umm Salama who said: Hafsa and I were
sitting with the Prophet when Ibn Umm Maktum asked permission to enter. So
the Prophet said: ''seclude yourselves from him''. So I said ''Oh Messenger of
Allah. He is blind, he cannot see''. He said: ''Are you also blind. Can you
not see him?''. Abu Dawud narrated that: Al-Fadl b. Abbas at the time was the
Prophets riding partner when a woman from Banu Khatham came seeking a hukm.
al-Fadl began to look at her and she at him so the Messenger of Allah made
al-Fadl turn his face away from her. Jarir b. Abd Allah narrates: I asked
the Messenger of Allah about the sudden look, so he instructed me to look
the other way. It has been narrated about Ali that he said: The Messenger of
Allah told me: ''Do not follow up the (first) glance with a second look. The
first is permitted for you but not the second''.
There is no indication in these Ahadith that the Muslim women should seclude
themselves. In particular, the Hadith of Umm Salama and the Prophet's
requesting of Hafsa and her to seclude themselves, is weak and cannot be
advanced as an evidence. In any case, the hadith is specific to the wives of
the Prophet as it is a text concerning Umm Salama and Hafsa. As for what has
been narrated that Aisha said: ''The horseman used to pass by us while we
were with the Prophet wearing ihram clothes (of hajj). If he came near one
of us, we would draw our jilbabs from our head down to our face. Once he
walked past, we would uncover our (face)''. This conflicts with what has been
narrated by Bukhari on the authority of Ibn Umar that the Prophet said: ''The
Muhrima (a woman in the state of Ihram) should not cover her face, or wear
gloves'' Ibn Hajar in the Fath al-Bari has stated: ''The veil (Niqab) and
Khimar is fastened from the nose or below the eyes''. So the Hadith of Aisha
(ra) states that women in the state of Ihram had covered their faces when a
group of horsemen passed them. The hadith of Ibn Umar indicates the
prohibition on wearing a Niqab which only conceals the lower half of the
face. It is not that this can be reconciled with respect to completely
covering the face by lowering the garment over the face. With respect to the
two Ahadith it becomes clear that the Hadith of Aisha is defective in that
the narration is of Mujahid from Aisha. Yahya b. Said al-Qattan has
mentioned that Mujahid did not directly hear from Aisha. As for the Hadith
of Ibn Umar which has been narrated by Bukhari it is Sahih. Aisha's hadith,
therefore, is turned down because it is weak and conflicts with an authentic
(Sahih) Hadith. Hence it is not used as an evidence. As for the Hadith in
which al-Fadl b. al Abbas is present, there is no indication in it to make face cover
compulsory. On the contrary, it is an evidence that face veil is not
an obligation because the Khathami woman was asking the Prophet about a
matter whilst her face was unveiled. This is evidenced by the fact that al-Fadl
was looking at her and another variant of this Hadith states: ''Thus, the
Prophet took hold of al-Fadls (beard) and turned his face away from the
other side''. This story has been narrated by Ali b. Abu Talib who adds: ''al-Abbas
said to the Prophet: Oh Messenger of Allah, why did you turn your cousins
neck?'' He replied: ''I saw a young man and a young woman in such a situation
that I feared what effect Shaytan might have upon them''. The Hadith of the
Khathami woman is an evidence for the absence of face cover not an evidence for
it. This is because the Prophet was looking at her whilst her face was
uncovered. As for the Prophets turning of al-Fadl's gaze away, this is
because he noticed that he was looking at her, and she at him, with desire
as evidenced by the narration of Ali: ''I feared what effect Shaytan might
have upon them''. Therefore, he diverted al-Fadl's sight because he was
looking at her with desire and not merely looking. The desirous look, even
if it is at the face and hands, is haram. As for the sudden look (Nazra al-faja'a)
the Prophet ordered Jarir to turn his gaze or lower it. This is the type of
lowering of the gaze which is mentioned in the Qur'an:
''Tell the believing men to lower from their gaze''
[An -Nur: 30]
What is intended here is the sudden look at other than the hands and face
which constitutes the 'awrah and not looking at the hands and face. This is
because looking at the hands and face is permitted irrespective of whether
it is sudden or not, as evidenced by the permissibility of looking at a
woman in the aforementioned hadith of al-Khathamiyya. This is also proven by
the fact that the Prophet used to look at the faces of women when they gave
Bay'a to him and when he preached to them. All of which indicates that what
one needs to be careful about is the sudden look at other than the hands and
face. As for the Hadith of Ali: ''Do not follow up the (first) glance with a
second look''. This is a prohibition for looking repeatedly and not for the
mere look.
Thus, no daleel can be found to oblige face cover (face covering) in the ahadith
which have been quoted by those who claim Allah (swt) has legislated face cover.
Therefore, it becomes clear that there is no evidence to say Allah (swt) has
made face cover obligatory for Muslim women or that the hands and the face should
be considered as 'awrah whether inside or outside prayer. The evidences
which they quote have no strong reason for concluding (face cover is compulsory).
They are weak in narration and weak in reasoning.
As for the hands and face not being part of the 'awrah and the permission
for women to go out to any marketplace and roadway with her hands and face
uncovered, this is proven from the Qur'an and hadith.
As for the Qur'an Allah (swt) says:
''And they do not show off their charm (Zeena)
except only that which is apparent and let them draw their head coverings (khumur)
over their necks and bosoms (juyub)'' [An- Nur: 31]
Allah (swt) forbade believing women from displaying their charms (Zeena)
i.e. forbade them from showing the place of their charm (Zeena) since this
is what the prohibition is for. And He excluded from the place of their
charms those which are apparent from it. And this is an explicit exception.
This means that there are parts of the woman's charm which are shown, which
are not under the (general) prohibition of women displaying the places of
their charms. Nothing more remains to be said about this. So, Allah has
forbidden women from displaying their Zeena except that which is apparent
from it. As for which parts are intended by: ''except
only that which is apparent'' [An- Nur:31] its interpretation must
be referred to two matters. First, to the transmitted tafseer (Tafseer
Manqul) and secondly to what was understood from the expression: ''that which
is apparent of it''; and its application to what the Muslim women used to
display in the presence of the Prophet , in his time and in the time of the
revelation of this verse.
As for what has been transmitted, it is narrated that Ibn Abbas in the
tafseer of this verse took (the expression) ''that which is apparent of it''
to mean the hands and face. This opinion became commonly held by the
mufassireen. Imam Ibn Jarir at-Tabari says: ''The most correct of these views
is that which states that the intended meaning is the hands and face'', and
Qurtubi said: ''Since the face and hands are, by custom and during worship
such as in Hajj and Salat, most ordinarily displayed then the exception must
refer to them''. Imam al-Zamakhshari said: ''A woman has no choice but to do
things with her hands and by uncovering her face especially when she has to
testify, is being tried, is getting married, or when she is forced to walk
the streets displaying her feet, especially those amongst them who are
poor''. This is the meaning of: ''except that which is apparent of it''.
As for what is understood from the expression ''that which is apparent of
it'', it is clear that what used to be apparent in the time of the revelation
of this verse is the hands and face. Women used to show their face and hands
in his presence and he did not object to their doing so. They used to
uncover their face and hands in the market or on the road. Such incidents
are innumerable. Here are a few examples:
1. Jabir b. Abd Allah said: ''I attended prayer on Eid day with the Messenger
of Allah . He commenced with the prayer, before the Khutbah, without any
call for prayer. Then he rose, leaning on Bilal and addressing those present
before him, commanded them to fear Allah and exhorted them to obey Him. He
further admonished and warned them. Then he moved on until he came to the
women whom he addressed saying: ''Give charity, for verily most of you are
fuel for the hellfire'', whereupon there arose from the middle ladies
congregation, a dark-cheeked woman who said: ''Why is that, Oh Messenger of
Allah''? He replied: ''Because you woman make too many complaints, and you
refuse to acknowledge your husbands good treatment''. Upon hearing this the
women began tossing their jewellery in charity upon Bilal's outspread
cloth''.
2. Narrated by Ata b. Rabah who said: ''Ibn Abbas said to me; Shall I show
you a woman who will go to Paradise (Jannah)?'' I said: ''Yes''. He said: ''This
black woman came to Prophet and said: 'I have epilepsy and I get uncovered,
so make dua to Allah for me'. So he said to her: ''If you will be patient the
Paradise (Jannah) shall be yours. And if you want I will make dua to Allah
to cure you''. So she said: 'I will be patient'. She said: 'I get uncovered
so make dua to Allah that I don't uncover myself'. So he made dua for her''.
3. Narrated by Fatimah b. Qays that Abu Amr b. Hafs divorced her irrevocably
(by three pronouncements) when he was away from home. She went to the
Messenger of Allah and mentioned that to him. So he commanded her to spend
the iddah (waiting period) in the house of Umm Sharik, but then said: ''That
is a woman whom my companions visit. So you had better spend this period in
the house of Ibn Umm Maktum, for he is a blind man, so you can take off your
garments and he will not see you''. So the Prophet accepted the daughter of
Qays to be seen by men when he ordered her to spend the iddah in the house
of Umm Sharik but he did not accept her to take of her garments in the house
of Umm Sharik while she is visited by men. From this what was haram is
evident so he ordered her to move and spend her iddah in the house of Ibn
Umm Maktum.
4. Abu Bakr narrated on the authority of Ibn Jurayj who said that Aisha
said: ''My cousin came while she was wearing her ornaments. The Prophet came
in and turned away from her (when he saw her). So I said: ''Oh Messenger of
Allah! She is only my cousin, a mere maiden''. He said: ''Oh
Aisha, when a
woman reaches puberty then it is not permitted that any part of her body
should be seen (by non-mahrams) except her face and what is below this''. So
he clenched his arm just above the joint of the hand leaving a space
in-between for another fist to be clenched''.
5. What indicates that the hand is not part of the 'awrah is the Prophet's
handshaking of women in the Bay'a(vote). Umm Atiyya said: ''We gave our Bay'a to
the Messenger of Allah , so he recited to us they should associate none with
Allah and he forbade us from wailing (for the dead). A woman amongst us
withdrew her hand saying: so and so woman has made me happy and I want to
reward her, he said nothing, the woman went, then came back''. This hadith
indicates that women used to give Bay'a by hand because this woman withdrew
her hand after extending it for the Bay'a. The fact the hadith states that
the woman withdrew her hand when she heard the terms of the pledge (Bay'a),
demonstrates clearly that the Bay'a used to take place by hand and that the
Prophet used to take the pledge by his noble hand. As for what has been
narrated about Aisha (ra) that she said: ''The hand of the Messenger of Allah
did not touch the (hand of) any woman other than his own wives''. This is an
opinion of Aisha and an expression of the limit of her knowledge. If we
compare Aisha's statement with this hadith of Umm Atiyya then the latter's
hadith is preferred. This is because it specifies an action which happened
in the presence of the Messenger and indicates an action of the Messenger
which is preferable to a mere opinion of Aisha. That is why transmitters
preferred Umm Atiyyaa's hadith. They adopted it and permitted a man to shake
the hand of a woman.
These five incidents are well established in the ahadith which unambiguously
indicate that what was shown of women is the hands and face. The fourth
hadith indicates that the Messenger diverted his view away from the adorned
woman because she was displaying more than what is apparent from it. Then he
explained to her that it is not permitted for her to display her Zeena
except her hands and face. This shows that the hands and face are not part
of the 'awrah whether in or outside prayer because the verse is of general
import (Amm):
''And they do not show off their charms (Zeena) except only that which is
apparent of it''
[An- Nur: 31]
As for the verse which comes after, its understanding also indicates that
the hands and face are not part of the 'awrah'. Allah (swt) says:
''And to draw their head-coverings (khumur) over their necks and v-neck
(juyub)''.
[An- Nur: 31]
Khumur is the plural of Khimar and it is used to cover the head. Juyub is
the plural of Jayb. It is the v-neck. Thus, Allah (swt) has ordered that the
khimar should be worn round the neck and chest. This indicates the
obligation to cover both areas; But He did not order that the khimar should
be worn over the face, thereby indicating the face is not part of the 'awrah. Jayb does not mean the chest as some would assume. Rather it is the
v-neck, the opening which is between the neck and upper portion of the
chest. Wearing the khimar over the Jayb means wearing it around the shirt
collar from the neck and chest. So, by ordering the covering of the head,
which includes the neck and chest, this excludes the face, indicating that
it is not part of the 'awrah. Consequently, face cover (face covering) is non
existent and Allah (swt) did not legislate the face cover.
This is in terms of the evidences from the Qur'an. In addition these are
evidences from the hadith which show Allah (swt) has not legislated face cover
and that the hands and face are not part of the 'awrah. Abu Dawud narrates
on the authority of Aishah (ra), that Asmaa bint Abi Bakr entered the
quarters of Allah's Messenger wearing thin clothes. The Messenger turned his
face away and said: ''Oh Asmaa, if the woman reaches puberty, it is not
allowed to be seen from her except this and this, and he pointed to his face
and hands''. Abu Dawud narrates on the authority of Qatada that the Prophet
said: ''When a young lady begins to menstruate, it is not correct that
anything should be seen of her except her face and hands excluding the
wrist''. Al-Bayhaqi narrates on the authority of Asma' bint 'Umays that she
said: ''The Messenger of Allah entered the house of 'Aisha bint Abu Bakr
while her sister, Asma bint Abu Bakr, was with her. She was wearing a Shammi
(Syrian) dress with wide sleeves. When the Messenger of Allah saw her he got
up and went out''. 'Aisha said: ''leave the room for the Messenger of Allah
has seen something he does not like''. So she withdrew. So the Messenger of
Allah entered, 'Aisha (ra) inquired as to why he stood to leave? He said: ''Did you not see what she was wearing? It is not permitted for anything to
be seen of a Muslim woman except this and this''. He took his sleeves and
covered the upper part of his hands until nothing could be seen of his hands
except his fingers. Then he lifted his hands to his temples until only the
face could be seen''.
These Ahadith are clear that the hands and face are not part of the 'awrah.
They are also explicit that Allah (swt) has not legislated the covering of
the hands and face, and He has not legislated face cover. If anything like that
was legislated then it would have contradicted the text of these Ahadith
which are not open to any other explanation (Tafseer) or interpretation (Taweel)
On the contrary, they clearly and unambiguously show that the Muslim woman
used to go out to the market with her face and hands uncovered, and
conversed with non-mahram men whilst her face and hands were revealed. And
she made all lawful transactions with people such as buying, selling,
renting, leasing, right of pre-emption, representation, whilst her hands and
face were uncovered. They also show that Allah has not legislated face cover
except for the wives of the Messenger . Even though the view concerning face cover
is an Islamic opinion because it has a semblance of an evidence (Shubhat
al-Daleel) and Mujtahid-Imams amongst the mazhab have taken this view, the
semblance of a daleel which they use is untenable with hardly any credible
reasoning apparent in it.
What remains is an issue which some Scholars have subscribed to, namely,
that face cover has been legislated for women due to the fear of temptation (Fitna.)
Thus, they say that the woman has been forbidden from revealing her face not
because it is 'awrah but due to the fear of causing temptation Fitna. This
view is not valid from a number of angles:
Firstly for the prohibition of unveiling the face due to the fear of Fitna,
there is no Shari'ah provision whether in the Kitab(Quran), Sunnah, Ijmaa of
the Sahabah(consensus) and nor is there a Shar'ia provision from a Shari'ah
reason according to which an analogy is made. Consequently, this opinion has
no Shari'ah value and nor is it considered a Shari'ah rule (Hukm Shari),
because a Shari'ah rule is the speech of the legislator, but the
prohibition of the unveiling the face is not included in the speech of the
legislator. And since it is known that the Shari'ah evidences have
come in complete contradiction to it, and that the Ayah and ahadith
unconditionally permit the uncovering of the face and hands without being
restricted by something nor being specified by a particular circumstance.
Thus, the opinion that showing the face is forbidden and it is obligatory to
conceal it, is an opinion which prohibits that which Allah permitted. It is
an obligation that Allah the Lord of the Worlds has not decreed. Thus, this
opinion is beyond being considered as a Shari'ah rule. It invalidates the
Shari'ah rules that are established by clear text.
Secondly, making the fear of Fitna a reason for prohibiting the unveiling
of the face and for the obligation to conceal it is an opinion for which
there is no Shari'ah text whether explicitly (Sarahatan), by indication (Dalalatan),
extraction or by analogy (Qiyas). Therefore, under no circumstances is it a
Shari'ah reason. Rather it is a rational reason which is of no
consideration with regards to the Shari'ah rules. However, what is
considered is the Shari'ah reason and none other. Accordingly, no weight is
given to the fear of Fitna in legislating the prohibition of showing the
face or obligating the concealment of it because it is not present in the
Shari'ah.
Thirdly the principle of: 'the means to a haram is (itself) prohibited'
(al-wasila il al-haram muharrama), does not apply to prohibiting the showing
of the face due to fear of temptation (Fitna). This is because this
principle requires that two conditions are met; first, the means (Wasila)
must lead to a haram by the least amount of doubt, and that it must be the
cause of the haram such that it definitely produces the effect and does not
deflect from it. Second, there must be a text prohibiting what the means
(Wasila) leads to, and it is not to be prohibited by the mind.
This is not
present with regards to showing the face in fear of temptation. It is for
they say the face should be veiled in fear of temptation and not because of
the occurrence of a temptation. Consequently, showing the face due to the
fear of temptation does not apply to the principle of forbidding the cause
of a haram; assuming that the temptation is prohibited by the Shari'ah for
the one tempted by it, because it does not definitely lead to it. And, there
is no text making the fear of temptation haram. On the contrary, the Shar'ia
did not make the temptation itself haram for the one who is the object of
temptation of people. Rather, the Shar'ia prohibited the one who looks from
watching with temptation, and it did not prohibit it for the one who is
looked at.
Abu Dawud narrates that Al-Fadl b. Abbas was the Prophet's riding partner at
the time when a woman from Banu Khatham came seeking a hukm (ruling), and
al-Fadl began to look at her and she at him so the Messenger of Allah made
him turn his face from her. i.e. he turned the face of al-Fadl away from
her, as evidenced by another variant of this hadith: Thus, the Prophet took
hold of al-Fadl's beard and turned his face away from the other side. This
story has been narrated by Ali b. Abu Talib to which he adds: ''Abbas said to
the Prophet: Oh Messenger of Allah , why did you turn your cousins neck?'' He
replied: ''I saw a young man and a young woman in such a situation that I
feared what effect Shaytan might have upon them''. It is clear from this that
the Messenger turned the face of al-Fadl away from the Khathami woman. He
did not order her to cover her face. Her face was visible to him. If
temptation was haram for the one who was the object of temptation then the
Messenger would have ordered the Khathami woman to veil her face after it
had transpired that al-Fadl had looked at her, with the look of desire.
However, he did not order her to do this but he turned the neck of al-Fadl,
which indicates that the prohibition is for the one who is looking and not
for the one who is looked at.
Therefore, regarding the prohibition of people's desire for the woman, there
is no text which prohibits it upon the woman, by whom people are tempted.
Rather the text says it is not prohibited for her. Therefore, the matter
which it leads to is not haram even if it had definitely led to it. However,
it is permitted for the state which is working to look after the affairs of
the people to move specific individuals away from the view of those who are
infatuated by them, in order to make the one who tempts others inaccessible
to people, if the infatuation for that person is widespread. As Umar b. al-Khattab
did with regards to Nasr b. Hajjaj when he exiled him to Basra, because
women used to be tempted by his good looks. This is general to men and
women. It should not be said that women have been forbidden from unveiling
their face due to the fear of temptation, even due to the occurrence of
temptation. This cannot be said by using the principle of 'the means to a
haram is itself haram'.
Related
Are
Women deficient in intellect ?
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