The Niqab and its obligation in the Hanafi madhhab

[Hamood]

The Niqab and its obligation in the Hanafi madhhab (http://deoband.org/2009/04/fiqh/the-niqab-and-its-obligation-in-the-hanafi-madhhab/)
By Mufti Husain Kadodia

بسم الله الرحمن الرحيم
In the name of Allah, the Most Gracious, Most Merciful.

Our discussion will entail the following:

1. Introduction

2. The juristic definition of shahwah (desire)

3. The Hanafi stance


3.1 Types of gazes and their respective rulings


3.1.1 A gaze accompanied with conviction of no possibility of attraction

3.1.2 A gaze accompanied with doubt of attraction

3.1.3 A gaze accompanied with strong possibility

3.2 The obligation of covering the face

4. Conclusion

[...]

More... (http://deoband.org/2009/04/fiqh/the-niqab-and-its-obligation-in-the-hanafi-madhhab/)

[KeepTheGazeDown]

The Niqab and its obligation in the Hanafi madhhab (http://deoband.org/2009/04/fiqh/the-niqab-and-its-obligation-in-the-hanafi-madhhab/)
By Mufti Husain Kadodia

بسم الله الرحمن الرحيم
In the name of Allah, the Most Gracious, Most Merciful.

Our discussion will entail the following:

1. Introduction

2. The juristic definition of shahwah (desire)

3. The Hanafi stance


3.1 Types of gazes and their respective rulings


3.1.1 A gaze accompanied with conviction of no possibility of attraction

3.1.2 A gaze accompanied with doubt of attraction

3.1.3 A gaze accompanied with strong possibility

3.2 The obligation of covering the face

4. Conclusion

[...]

More... (http://deoband.org/2009/04/fiqh/the-niqab-and-its-obligation-in-the-hanafi-madhhab/)

:salam:

The is some kind of an authorisation required, hence I cant get through to the article.

:ws:

[Hamood]

:salam:

The is some kind of an authorisation required, hence I cant get through to the article.

:ws:

wa alaykum assalam,

The site is down at the moment. It's undergoing some changes.

Should be back up soon.

-ha

[True Life]

:salam:

Can't wait to read this...

[Hamood]

wa alaykum assalam


:salam:

Can't wait to read this...

Sorry about that.

Bringing the site back up may take a few hours or a few days.

Make dua.

[yousufs]

:salam:

I tried to view it just when u had posted the link. But it didn't work for me. :( Still trying...

[Hamood]

:salam:

I tried to view it just when u had posted the link. But it didn't work for me. :( Still trying...

wa alaykum assalam

I'm working on bringing it back up. Apologies for the delay.

[True Life]

:ws:

No problem, take your time. We'll insha'Allah survive... ;)

[sudoku]

:ws:

No problem, take your time. We'll insha'Allah survive... ;)

:salam:

Isn't it funny, it seems more brothers are interested than sisters lol.

:alhamd:

I did catch a glimpse of the page before it stopped working, :mash: looked very nice.

[ENIGMA]

:salam:

Isn't it funny, it seems more brothers are interested than sisters lol.

:alhamd:

I did catch a glimpse of the page before it stopped working, :mash: looked very nice.

maybe Shaykh Abdul Qadir of the murabitun had a point................

and lets all remember this will be a view within the Hanafi school,so lets not all get excited,eh.

[hope1]

why cant the whole article be posted here

[Quraatulain]

:salam:

:mash:this sounds good I'm looking forward to reading this :insh:

[shatibi]

:salam:

Can't wait to read this (was really excited when I saw HeDret Mufti SaHib's name on the About page!)

By the way, the Deoband thing in my sig. has disappeared, and so has everyone elses.

But meanwhile, every time I open anything, this thing comes up asking for authentication. (Here on SF, not on Deoband!)

Do you think I should just remove it until then?

:jazak:

[Hamood]

As-salamu 'alaykum,

Unfortunately the site was unable to go live today. I'll need some more time. Sorry about the delay.

wassalam
Hamood

[bugmenot]

:ws:
Good marketing, you put down the site right after posting here just to make all of us excited... no just joking.
:jazak: to the whole deoband.org team.

[hope1]

Assalamu alaikum,
Most traditional scholars will agree that the niqab is wajib. However what we need now is a refutation of those who say that "in the current day and age/circumstances" it is not required (or maybe in the west it is not required). We have to show why they are incorrect in saying this - because those who say this acknowledge that it is wajib but make concessions, instead of promoting the ideal Islamic way.

[Hamood]

Assalamu alaikum,
Most traditional scholars will agree that the niqab is wajib. However what we need now is a refutation of those who say that "in the current day and age/circumstances" it is not required (or maybe in the west it is not required). We have to show why they are incorrect in saying this - because those who say this acknowledge that it is wajib but make concessions, instead of promoting the ideal Islamic way.

As-salamu 'alaykum,

That is exactly the point the article is addressing. The dalil they give is that there is a dispensation in the Hanafi madhhab and misinterpret the concept behind the prohibition due to shahwa.

Anyway - the site should be up very soon.

-hamood

[Hamood]

The site is back up, Alhamdulillah. Please direct any queries about the site, etc. via the contact (http://deoband.org/contact/) page. Let's keep this thread on topic, inshaAllah.

Here is the link to Hadrat Mufti sahib's brilliant, well referenced and extremely well researched article on the ruling of Niqab in the Hanafi madhhab:

http://deoband.org/2009/04/fiqh/miscellaneous/the-niqab-and-its-obligation-in-the-hanafi-madhhab/

[ENIGMA]

Point 1:

I thought even in the Hanafi school there was a difference of opinion on wheter it was wajib or not?

Point 2:

What are the mainstream views within the other 3 school? Do they also deem it as wajib?


Ive read the article by Mufti Sahib. Unfortunately I dont know arabic so could not read all the arabic towards the end which im assuming are all the proofs.

Would it be fair to say that seeing as there is not a clear cut unequivocal text about wearing the niqab,the ruling has been deduced by way of Ijtehad.

What i want to know is is there a clear cut Hadith, but showing to cover the face,like the Hadith of A'isha :anha: and Asma :anha: with Prophet:saw: showing what is allowed to be shown and clearly mentions that the face and hands can be shown.

[hope1]

Point 1:

I thought even in the Hanafi school there was a difference of opinion on wheter it was wajib or not?

Point 2:

What are the mainstream views within the other 3 school? Do they also deem it as wajib?


Ive read the article by Mufti Sahib. Unfortunately I dont know arabic so could not read all the arabic towards the end which im assuming are all the proofs.

Would it be fair to say that seeing as there is not a clear cut unequivocal text about wearing the niqab,the ruling has been deduced by way of Ijtehad.

What i want to know is is there a clear cut Hadith, but showing to cover the face,like the Hadith of A'isha :anha: and Asma :anha: with Prophet:saw: showing what is allowed to be shown and clearly mentions that the face and hands can be shown.

Assalamu alaikum,
In one authentic hadith Aisha radiAllahuanhu praised the women of the Ansar for covering their faces when then ayaat of hijaab was revealed.
Moreover Allah says in the Quran (addressing the ummul mu'mineen in specific and the muslim women in general) to speak to people from behind a curtain. According to me (I could be wrong) this also shows that the face cannot be revealed. Rather it shows that women should do total hijab by staying at home unless there is necessity to come outside. There are other proofs I heard but don't remember. InshaAllah someone will mention them.

[ENIGMA]

Assalamu alaikum,
In one authentic hadith Aisha radiAllahuanhu praised the women of the Ansar for covering their faces when then ayaat of hijaab was revealed.
Moreover Allah says in the Quran (addressing the ummul mu'mineen in specific and the muslim women in general) to speak to people from behind a curtain. According to me (I could be wrong) this also shows that the face cannot be revealed. Rather it shows that women should do total hijab by staying at home unless there is necessity to come outside. There are other proofs I heard but don't remember. InshaAllah someone will mention them.

interesting.

Looking at your post brother hope, the Maliki school has the ruling that the niqab is not wajib,and one of teh founding principles in the Maliki school is the amal of madinah. Now if the ladies of the ansar did veil,surely this practice would have filtered down to the time of Imam Malik who would have noted that.

Any chance you can post this authentic Narration you mention?

Was the practise of veiling wholesale? or was it some did veil and others did not?

Another point,if A'isha :anha: praised the women of the ansar for veiling,it could mean they have done something extra,which is praiseworthy,but not necessarily fardh/wajib.

[hope1]

interesting.

Looking at your post brother hope, the Maliki school has the ruling that the niqab is not wajib,and one of teh founding principles in the Maliki school is the amal of madinah. Now if the ladies of the ansar did veil,surely this practice would have filtered down to the time of Imam Malik who would have noted that.

Any chance you can post this authentic Narration you mention?

Was the practise of veiling wholesale? or was it some did veil and others did not?

Another point,if A'isha :anha: praised the women of the ansar for veiling,it could mean they have done something extra,which is praiseworthy,but not necessarily fardh/wajib.

Assalamu alaikum brother ENIGMA,

I know that the ruling of the niqab in the other three madhabs are stricter than in the Hanafi school and it is probably unconditionally wajib. I know this because in one audio lecture I heard Imam Zaid Shakir say that all those women in the west who are not doing the niqaab are automatically taking the Hanafi dispensation because in the other three madhabs there is no such leeway. (Obviously now we know he misunderstood the Hanafi position).

Second I think we should wait for Mufti Husain saheb to clarify if the niqab is wajib or not in the Maliki fiqh - because I am pretty certain that it is.

Second assuming it is not and it is sunnah. That still does not prove that the women of Madina at his time did not do the niqaab. Maybe they did do the niqaab based upon which Imam Malik deemed it sunnah. Moreover Imam Malik used this principles of "the amal of people of Madina" - this is true. However it is not necessary that everything in the Maliki madhab is according to the amaal of the people of Madina. But only in some cases where there are probably contradictory ahadith or something of this nature, then Imam Malik probably gave preference to that hadith which was according to the amaal of the people of Madina. Moreover I doubt that all the Madinese people would have the same practice. This is probably a more detailed issue - and we cannot simply say that since this is in the Maliki madhab all the Madinese people must've been doing this.

You also mention was the practice of veiling wholesale? During the time of the sahabas and tabieen people's hearts were purer for having the company of the Messenger of Allah and his elite sahabas. Also women rarely came out of the house because Allah orders the believing women to stay in the house in the Quran itself! This concept is totally gone today. When they came out of the house they did hijaab fully (not necessarily in the niqaab style prelavent today). It is only in the corrupted times of today that our women go outside frequently and we cast lustful glances that the niqaab issue has been invigorated and has become a topic of controversy. In the past days women just stayed at home.

The hadith I mentioned is probably from Bukhari or Muslim because it is in the footnotes of the Noble Quran printed from Madina (and they mainly use Bukhari and Muslim hadith). I will try to find it but cannot promise it. Coupled with this when you have the ayat of the Quran ordering the believing women to stay at home, plus to speak to strangers from behind a curtain, and plus telling them that they should not speak in a sweet voice but rather make their voice a little rough so that the people don't have bad desires in their heart - when this order is given to the ummul mu'mineenan and the sahabas - coupled with the hadith I mentioned - I think there is a pretty strong case.

Salaams

[hope1]

Salaam,
I can't edit my posts. So I want to mention here that someone could be praised for carrying out a fardh obligation as well. Also Aisha radiAllahuanha could be praising them for carrying out the obligation very quickly without delay.
I hope I did not make any mistakes. Someone can correct me if I am wrong.

[hope1]

I found this on a website...sunhanAllah - so many ahadith regarding this issue...

"The Niqaab in light of the Holy Quran and Sahih Hadith and in the Opinions of the great scholars....



From the Quran.....(This tafseer is Agreed upon by Ibn Kathir, Al-Qurtabi and At-Tabari)

The Noble Qur'an ........

Surah Al-Ahzaab, Verse #59
‘O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks ("Jalabib") veils all over their bodies (screen themselves completely except the eyes or one eye to see the way Tafseer Al-Qurtabi) that is most convenient that they should be known (as such) and not molested: and Allah is Oft-Forgiving Most Merciful."

Surah An-Nur, Verses #30 and #31
‘And Say to the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, head cover, apron), and to draw their veils all over Juyubihinna (i.e. their bodies, faces, necks and bosoms)



From the Hadith.....

Sahih Al-Bukhari Volume 6, Book 60, Hadith # 282
Narrated Safiya bint Shaiba (Radhiallaahu Ánha) "Aisha (Radhiallaahu Ánha) used to say: "When (the Verse): "They should draw their veils over their necks and bosoms," was revealed, (the ladies) cut their waist sheets at the edges and covered their faces with the cut pieces.

Sahih Al-Bukhari Volume 1, Book 8, Hadith # 368
Narrated 'Aisha (Radhiallaahu Ánha) Rasulullah (Sallallaahu Álayhi Wasallam) used to offer the Fajr prayer and some believing women covered with their veiling sheets used to attend the Fajr prayer with him and then they would return to their homes unrecognized . Shaikh Ibn Uthaimin in tafseer of this hadith explains "This hadith makes it clear that the Islamic dress is concealing of the entire body as explained in this hadith. Only with the complete cover including the face and hands can a woman not be recognized. This was the understanding and practice of the Sahaba and they were the best of group, the noblest in the sight of Allah (swt) with the most complete Imaan and noblest of characters. so if the practice of the women of the sahaba was to wear the complete veil then how can we deviate from their path? (Ibn Uthaimin in the book "Hijaab" page # 12 and 13)

Sahih Al-Bukhari Volume 1, Book 4, Hadith # 148
Narrated 'Aisha (Radhiallaahu Ánha): The wives of Rasulullah (Sallallaahu Álayhi Wasallam) used to go to Al-Manasi, a vast open place (near Baqia at Medina) to answer the call of nature at night. 'Umar used to say to the Prophet "Let your wives be veiled," but Rasulullah (Sallallaahu Álayhi Wasallam) did not do so. One night Sauda bint Zam'a the wife of the Prophet went out at 'Isha' time and she was a tall lady. 'Umar addressed her and said, "I have recognized you, O Sauda." He said so, as he desired eagerly that the verses of Al-Hijab (the observing of veils by the Muslim women) may be revealed. So Allah revealed the verses of "Al-Hijab" (A complete body cover excluding the eyes).

Tirmidhi with a SAHIH chain reports...
"Rasulullah (Sallallaahu Álayhi Wasallam) said “All of a woman is ‘awrah.” (Shaikh Muhammed Salih Al-Munajjid quotes this hadith narrated by Tirmidhi with a sahih isnaad and says this is a direct hadith from Rasulullah (Sallallaahu Álayhi Wasallam ) and has made it clear that a woman must cover everything including the face and hands!)

Abu Dawood Book 14, Hadith # 2482
Narrated Thabit ibn Qays (Radhiallaahu Ánhu): A woman called Umm Khallad came to the Prophet (Sallallaahu Álayhi Wasallam) while she was veiled. She was searching for her son who had been killed (in the battle) Some of the Companions of the Prophet (Sallallaahu Álayhi Wasallam) said to her: You have come here asking for your son while veiling your face? She said: If I am afflicted with the loss of my son, I shall not suffer the loss of my modesty. Rasulullah (Sallallaahu Álayhi Wasallam) said: You will get the reward of two martyrs for your son. She asked: Why is that so, oh Prophet of Allah? He replied: Because the people of the Book have killed him.

Abu Dawood Book 32, Hadith # 4090
Narrated Umm Salamah, Ummul Mu'minin (Radhiallaahu Ánha): When the verse "That they should cast their outer garments over their persons" was revealed, the women of Ansar came out as if they had crows over their heads by wearing outer garments.

Abu Dawood Book 32, Hadith # 4091
Narrated Aisha, Ummul Mu'minin (Radhiallaahu Ánha) "May Allah have mercy on the early immigrant women. When the verse "That they should draw their veils over their bosoms" was revealed, they tore their thick outer garments and made veils from them. Ibn Hajar Al-Asqalanee, who is known as Ameer Al-Mu'mineen in the field of Hadith, said that the phrase, "covered themselves", in the above Hadith means that they "covered their faces". [Fath Al-Bari].

Imaam Malik's MUWATTA Book 20 Hadith # 20.5.16
Yahya related to me from Malik from Hisham ibn Urwa that Fatima bint al-Mundhir (Radhiallaahu Ánha) said, "We used to veil our faces when we were in Ihram in the company of Asma bint Abi Bakr As-Siddiq (Radhiallaahu Ánha). "This again proves that not only the wives of Rasulullah (Sallallaahu Álayhi Wasallam) wore the Niqaab and that even though in Ihram women are not supposed to wear Niqaab but if men are there they still have to cover the face.

Abu Dawood Book 10, Hadith # 1829
Narrated Aisha, Ummul Mu'minin: (Radhiallaahu Ánha) who said, "The riders would pass us while we were with the Messenger of Allah (Sallallaahu Álayhi Wasallam). When they got close to us, we would draw our outer cloak from our heads over our faces. When they passed by, we would uncover our faces.
Recorded by Ahmad, Abu Dawood and Ibn Majah, Narrated 'Aisha. [In his work Jilbab al-Marah al-Muslimah, al-Albani states (p. 108) that it is hasan due to corroborating evidence. Also, in a narration from Asma {who was not the wife of Rasulullah (Sallallaahu Álayhi Wasallam)}, Asma also covered her face at all times in front of men.] Shaikh Ibn Uthaimin in his tafseer of this hadith explains "This hadith indicates the compulsion of the concealing of the faces as an order of Shariah, because during the Ihram it is "wajib" (compulsory) NOT to wear the Niqaab. So if it was only mustahab (recommended) to cover the face then Aisha and Asma (Radhiallaahu Ánha) would have taken the wajib over the mustahab. It is well known by the Ullima that a wajib can only be left because of something that is also wajib or fardh. So Aisha and Asma (Radhiallaahu Ánha) covering the face even in Ihram in the presence of strange (ghairMahraam) men shows that they understood this to be an act that was wajib or fardh or they would not have covered the face in Ihraam.

Sahih Al-Bukhari Volume 7, Book 72, Hadith # 715
Narrated 'Ikrima (Radhiallaahu Ánhu) narrates "Rifa'a divorced his wife whereupon 'AbdurRahman bin Az-Zubair Al-Qurazi married her. 'Aisha said that the lady (came), wearing a green veil." It is a very long hadith but the point is the women of Sahaba wore the full veil.

Sahih Al-Bukhari Volume 1, Book 8, Hadith # 347
Narrated Um 'Atiya (Radhiallaahu Ánha) We were ordered (by Rasulullah '(Sallallaahu Álayhi Wasallam) 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 their Musalla. A woman asked, "O Allah's Apostle ' What about one who does not have a veil (the veil is the complete cover with only one eye or two eyes showing)?" He said, "Let her share the veil of her companion." Shaikh Ibn Uthaimin in tafseer of this hadith explained "This hadith proves that the general norm amongst the women of the Sahaba (Radhiallaahu Ánhuma) was that no woman would go out of her home without a cloak, fully concealed and if she did not posses a veil, then it was not possible for her to go out. it was for this reason that when Rasulullah (Sallallaahu Álayhi Wasallam) ordered them to go to the Place for Eid Salah, they mentioned this hindrance. As a result Rasulullah (Sallallaahu Álayhi Wasallam) said that someone should lend her a veil, but did not say they could go out without it. If Rasulullah (Sallallaahu Álayhi Wasallam) did not allow women to go to a place like the Eid Salah, which has been ordered by Shariah for women and men alike, then how can people let women to out to market places and shopping centers without where there is open intermingling of the sexes, without a veil. (by Shaikh Ibn Uthaimin in the book "Hijaab" page # 11)

Sahih Al-Bukhari Volume 8, Book 76, Hadith # 572
In the end of this very long hadith it quotes Anas (Radhiallaahu Ánho) rates from Rasulullah (Sallallaahu Álayhi Wasallam) "and if one of the women of Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven) with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it." This show that even the women of Junnah have veils and the word veil is what covers the face (niqaab).

Abu Dawood Book 33, Hadith # 4154, Agreed upon by Nasai
Aisha(Radhiallaahu Ánha) narrates that on one occasion a female Muslim wanted to give a letter to the Holy Prophet (Sallallaahu Álayhi Wasallam), the letter was delivered to the Holy Prophet (Sallallaahu Álayhi Wasallam) from behind a curtain.
Note: Quoted in the famous book Mishkaat. Here the Mufasereen of hadith have explained that the hadith where women came up to Rasulullah (Sallallaahu Álayhi Wasallam) face to face were before the ayah "And when you ask (his wives) for anything you want, ask them from behind a screen, that is purer for your hearts and for their hearts." (Surah Al Ahzâb ayah # 53) And this hadith proves this order is for the whole Ummah not just for the wives of Rasulullah (Sallallaahu Álayhi Wasallam)!

Abu Dawood Book 2, Hadith # 0641
Narrated Aisha, Ummul Mu'minin (Radhiallaahu Ánha) "Rasulullah (Sallallaahu Álayhi Wasallam) said "Allah does not accept the prayer of a woman who has reached puberty unless she wears a veil."

Sahih Al-Bukhari Volume 9, Book 89, Hadith # 293
Narrated 'Aisha (Radhiallaahu Ánha) Utba bin Abi Waqqas said to his brother Sa'd bin Abi Waqqas, "The son of the slave girl of Zam'a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa'd took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." 'Abd bin Zam'a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Rasulullah (Sallallaahu Álayhi Wasallam). Sa'd said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." 'Abd bin Zam'a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Rasulullah (Sallallaahu Álayhi Wasallam) said, "The boy is for you, O 'Abd bin Zam'a!" Then Rasulullah (Sallallaahu Álayhi Wasallam) further said, "The child is for the owner of the bed, and the stone is for the adulterer," Rasulullah (Sallallaahu Álayhi Wasallam) then said to Sauda bint Zam'a, "Veil (screen) yourself before him," when he saw the child's resemblance to 'Utba. The boy did not see her again till he met Allah. note: This hadith proves Rasulullah (Sallallaahu Álayhi Wasallam) did infact order the veil to be observed.

Sahih Al-Bukhari Volume 7, Book 65, Hadith # 375
Narrated Anas (Radhiallaahu Ánhu) I know (about) the Hijab (the order of veiling of women) more than anybody else. Ubai bin Ka'b used to ask me about it. Allah's Apostle became the bridegroom of Zainab bint Jahsh whom he married at Medina. After the sun had risen high in the sky, the Prophet invited the people to a meal. Rasulullah (Sallallaahu Álayhi Wasallam) remained sitting and some people remained sitting with him after the other guests had left. Then Rasulullah (Sallallaahu Álayhi Wasallam) got up and went away, and I too, followed him till he reached the door of 'Aisha's room. Then he thought that the people must have left the place by then, so he returned and I also returned with him. Behold, the people were still sitting at their places. So he went back again for the second time, and I went along with him too. When we reached the door of 'Aisha's room, he returned and I also returned with him to see that the people had left. Thereupon Rasulullah (Sallallaahu Álayhi Wasallam) hung a curtain between me and him and the Verse regarding the order for (veiling of women) Hijab was revealed.

Abu Dawood Book 32, hadith # 4100
Narrated Umm Salamah, Ummul Mu'minin (Radhiallaahu Ánha): I was with Rasulullah (Sallallaahu Álayhi Wasallam) while Maymunah was with him. Then Ibn Umm Maktum came. This happened when we were ordered to observe veil. Rasulullah (Sallallaahu Álayhi Wasallam) said: Observe veil from him. We asked: oh Rasulullah! is he not blind? He can neither see us nor recognize us. Rasulullah (Sallallaahu Álayhi Wasallam) said: Are both of you blind? Do you not see him?


The opinions of the great scholars about the Niqaab...


From the Sahaba (Radhiallaahu Ánhuma) .......

Ibn Ábbaas (Radhiallaahu Ánhu), who was one of the most knowledgeable companions of Rasulullah (Sallallaahu Álayhi Wasallam), Rasulullah (Sallallaahu Álayhi Wasallam) even made duwaa for him saying "O Allah, make him acquire a deep understanding of the religion of Islam and instruct him in the meaning and interpretation of things."
Ibn Jarir (Rahimahullah) with an authentic chain of narrators has quoted Ibn Abbaas' (Radhiallaahu Án) opinion was "that the Muslim women are ordered to cover their head and faces with outer garments except for one eye." (This is quoted in the Ma'riful Qur'an in the tafseer of Surah Ahzaab ayah # 33, with reference of Ibn Jarir with a sahih chain of narrators). The Tabiee Ali Bin Abu Talha explained that this was the last opinion of Ibn Abbas and the other opinions quoted from him were from before Surah Al-Ahzaab, Verse #59 and the order of the "Jalabib". Shaikh Ibn Uthaimin commented on this saying of Ibn Abbaas (Radhiallaahu Ánhu) by saying "This statement is "Marfoo" and in shariah that is the same category as a hadith which is narrated directly from Rasulullah (Sallallaahu Álayhi Wasallam). The quote of Ibn Abbas is quoted by many tabi'een like Ali Ibn Abu Talha and Ibn Jarir in Ma'riful Quran by Mufti Muhammad Shafi vol.7 pg.217 and also in Tafseer Ibn Jarir, Vol. 22, pg.29 and also by Imaam Qurtabi all with SAHIH Chains and explained in the book "Hijaab" by Ibn Uthaimin, Page # 9 and authenticated in the book "Hijaab wa Safur"by Shaikh-ul-Islam Ibn Taymiyyah (Rahimahullah) on page #11 and by Shaikh AbdulAziz bin Bazz (Rahimahullah) on page # 55 and 60 )

Abdullah Ibn Mas'ud (Radhiallaahu Ánhu) Who was known as the most knowledgeable Sahabi in matters of Shariah. He became Muslim when he was a young kid and ever since that he stayed with Rasulullah (Sallallaahu Álayhi Wasallam) and gained the understanding of Quran from him. Umar Ibn Khattab (Radhiallaahu Ánhu) said about him "By Allah, I don't know of any person who is more qualified in the matters dealing with the Quran than Abdullah Ibn Mas'ud"
Explained, the word Jilbaab (as mentioned in the Quran Surah Ahzaab ayah # 59 ) means a cloak which covering the entire body including the head, face and hands. (Quoted from Ibn Taymiyyah (Rahimahullah) in his book on fatwaas Page# 110 Vol # 2 and By Shaikh Ibn Uthamin in the book Hijaab Page # 15)
Aisha (Radhiallaahu Ánha)
Stated that in verse 30 and 31 of Surah An Nur "What has been allowed to be shown is the hands, bangles and rings but the face must be covered.
(Quoted by Shaikh Abdul A'la Maududi in the book Purdah P# 195 and in his Tafseer of Quran under the tafseer of Surah An Nur)
Abu Ubaidah Salmani (Radhiallaahu Ánhu), an other well known Sahabi is quoted saying "Jilbaab should fully cover the women's body, so that nothing appears but one eye with which she can see." (Tafseer Al-Qurtubi) And In the time of Rasulullah (Sallallaahu Álayhi Wasallam) "The women used to don their cloaks (Jilbaabs) over their heads in such a manner that only the eyes were revealed in order to see the road." (The Book "Hijaab" page # 9)

Ubaida bin Abu Sufyan bin al-Harith('Radhiallaahu Ánhu' An' Other well known and knowledgeable Companion of Rasulullah ) Imam Muhammad bin Sirin (Rahimahullah) One of the most knowledgeable tabi'een) said "When I asked Ubaida bin Sufyan bin al-Harith ('Radhiallaahu An') how the jalbaab was to be worn, he demonstrated it to me by pulling a sheet of cloth over his head to cover his entire body, leaving the left eye uncovered. This was also the explanation of the word 'Alaihinna in this verse" (Commentary by Ibn Jarir and Ahkam-ul-Quran, Vol.3, p.457 also in "hijaab wa Safur" quoted by Shaikh AbdulAziz Bin Bazz under the chapter of his fatwaa on hijab on page #54)

From the Tabi 'een..



Hassan Al Basri (Rahimahullah)
States in his tafseer of the Surah An-Nur, "What a woman is allowed to show in this Ayah implies to those outer garments (not the face or hands) which the woman puts on to cover her internal decoration (her beauty).
(Quoted in the book "Purdah" P#194 )
Ibn Jarir (Rahimahullah) Quotes the opinion of Ibn Ábbaas (Radhiallaahu Ánhu)
"Allah has enjoined upon all Muslim Women that when they go out of their homes under necessity, they should cover their faces by drawing a part of their outer garments over their heads." (Tafseer Ibn Jarir, VOL 22, pg.29)

The Tabi'ee, Qatadah (Rahimahullah)
Stated that the Jilbab should be wrapped and fixed from above the forehead and made to cover the nose, (although the eyes are to show) and the chest and most of the face are to be covered.

The Tabi'ee Ali bin Abu Talha (Rahimahullah)
Quotes from Ibn Abbaas (Radhiallaahu Ánhu) that he used to say it was allowed to show the hands and face when Surah Nur ayah #31 was revealed but after Surah Al-Ahzaab, Verse #59 with the word "Jalabib" was revealed then after this Ibn Abbaas (Radhiallaahu Ánhu) said that That the Muslim women are ordered to cover their head and faces with outer garments except for one eye." And this was also the opinion of Ibn Mas'ud (Radhiallaahu Ánhu). (This is quoted by Ibn Taymiyyah (Rahimahullah) in his book of fatwaa and by Shaikh AbdulAziz Bin Bazz (Rahimahullah) in the book "Hijaab wa Safur" Page # 60)

Imam Muhammad bin Sirin (Rahimahullah) One of the most knowledgeable tabi'een)
"When I asked Ubaida bin Sufyan bin al-Harith ('Radhiallaahu Ánhu' Other well known and knowledgeable Companion of Rasulullah) the meaning of this verse about "Alaihinna" and how the jalbaab was to be worn, he demonstrated it to me by pulling a sheet of cloth over his head to cover his entire body, leaving the left eye uncovered. This was also the explanation of the word 'Alaihinna in this verse"(Commentary by Ibn Jarir and Ahkam-ul-Quran, Vol # 3, p.457 also in "hijaab wa Sufor" quoted by Shaikh AbdulAziz Bin Bazz under the chapter of his fatwaa on hijab on page #54)

[ENIGMA]

Are you sure it is a mainstream view in the other schools that it is much stricter?

also,what is this supposed dispensation that has been misinterpreted in the Hanafi school?

are you trying to say,that in the article it states that it is not haram to look if one is not aroused or inclined towrads a particular woman,so they use this dispensation not to veil?

[hope1]

Are you sure it is a mainstream view in the other schools that it is much stricter?

also,what is this supposed dispensation that has been misinterpreted in the Hanafi school?

are you trying to say,that in the article it states that it is not haram to look if one is not aroused or inclined towrads a particular woman,so they use this dispensation not to veil?

Assalamu alaikum,
I am confident that the other schools are much stricted as I have heard this from many knowledgeable people - those who are pro-niqaab and also those who say it can be abandoned in the west.

Just because those from the other madhabs in the west do not practice this or have no clue about this does not mean that it is not an obligation in their madhab. Again if you give a chance one of the scholars/Muftis will answer this for you.

The article states that some people think that if there is no desire then it is permissible to look - however this is a misconception - and the fatwa is that it is makhruh e tahrimi - but it will be haraam if there is doubt or conviction of desire. However non Hanafis probably cannot understand what is makhruh e tahrimi and probably misunderstand it. Plus they look at the fact that the face is not part of awrah and jump at this. Based on this misunderstanding they say one may not cover the face - which is untrue as we have seen.

[ENIGMA]

I found this on a website...sunhanAllah - so many ahadith regarding this issue...

"The Niqaab in light of the Holy Quran and Sahih Hadith and in the Opinions of the great scholars....





From the Hadith.....

covered their faces with the cut pieces.

Sahih Al-Bukhari Volume 1, Book 8, Hadith # 368
Narrated 'Aisha (Radhiallaahu Ánha) Rasulullah (Sallallaahu Álayhi Wasallam) used to offer the Fajr prayer and some believing women covered with their veiling sheets used to attend the Fajr prayer with him and then they would return to their homes unrecognized . Shaikh Ibn Uthaimin in tafseer of this hadith explains "This hadith makes it clear that the Islamic dress is concealing of the entire body as explained in this hadith. Only with the complete cover including the face and hands can a woman not be recognized. This was the understanding and practice of the Sahaba and they were the best of group, the noblest in the sight of Allah (swt) with the most complete Imaan and noblest of characters. so if the practice of the women of the sahaba was to wear the complete veil then how can we deviate from their path? (Ibn Uthaimin in the book "Hijaab" page # 12 and 13)



jazakallah for the imformative post.

I'll just to pick out things from the post which I feel are relevant.clearly,this hadith states some.

anyone know the time frame in rvelation between the ayaah of surah Nur and the Ayah of Surah Ahzab.

It could be that the ruling did indeed change over time,which then puts a another perspective on it.

[hope1]

Also it seems from the ahadith I quoted above Aisha radiAllahuanha did not praise the women of the Ansar. She stated how they reacted upon the revelation of the verse of hijaab. I could be wrong because I do not actually know the hadith in Arabic and the actual commentary of it. But the fact is clear that the women of the Ansaar covered their face when the ayat of hijaab was revealed.

[hope1]

jazakallah for the imformative post.

I'll just to pick out things from the post which I feel are relevant.clearly,this hadith states some.

What the hadith means by referring to "some" is that some women used to attend the Fajr prayers in jamaat (all of whom) were covered by the veil.

[hope1]

What the hadith means by referring to "some" is that some women used to attend the Fajr prayers in jamaat (all of whom) were covered by the veil.

As we can see we can misinterpret ahadith if we are not trained (not that I am trained). We should accept the ruling of our ulema who have gone through all these ahadith and lived in those times, and also the pious ulema of today and accept their ruling of wajib. Then if we want to read hadith we can try to see how the ahadith fit with the rulings given.

[ENIGMA]

So how the other schools do not emphasise it at much as mainly Deoband scholars. One thing is clear,Deoband scholars should be praised that they have encouraged the women to veil in the west,and not simply said,like other scholars that 'oh,its too difficult,its the west,what will people think etc etc etc'.

Muslim women,in the UK,have shown that one can live in the west and veil and to not on flimsy excuses is just...................


but i'll still reserve judgement for clarification. any scholars here from other schools that can shed light on the issue from the perspective of their schoos,please?

[hope1]

So how the other schools do not emphasise it at much as mainly Deoband scholars. One thing is clear,Deoband scholars should be praised that they have encouraged the women to veil in the west,and not simply said,like other scholars that 'oh,its too difficult,its the west,what will people think etc etc etc'.

Muslim women,in the UK,have shown that one can live in the west and veil and to not on flimsy excuses is just...................


but i'll still reserve judgement for clarification. any scholars here from other schools that can shed light on the issue from the perspective of their schoos,please?

Assalamu alaikum,
No doubt the current day schools will have their excuses as to why it is not necessary and will try to bring proofs through a unqualified and misunderstood reading of the Quran and ahadith. However if you tell them to go to their authentic books of the madhab and see the proofs presented in their respective books the issue will become clear.
Also Imam Zaid Shakir admits its strictness in the other madhabs and (incorrectly) applies the supposed the Hanafi dispensation.

[ENIGMA]

so what is this supposed dispensation???


Any clarification on the ayaahs of surah Nur and surah Ahzab and their respective timescales of revelation?

It could be that rulings changed over time and then to produce those ahadith which is linked to an earlier revelation allowing the face to remain open is to,intellectual dishonesty.


What exactly does Imam Zaid say?

[hope1]

so what is this supposed dispensation???


Any clarification on the ayaahs of surah Nur and surah Ahzab and their respective timescales of revelation?

It could be that rulings changed over time and then to produce those ahadith which is linked to an earlier revelation allowing the face to remain open is to,intellectual dishonesty.


What exactly does Imam Zaid say?

What Imam Zaid says in in post 22.
The misconception from what I understand is this (which i mentioned in a previous post):
some people think that if there is no desire then it is permissible to look - however this is a misconception - and the fatwa is that it is makhruh e tahrimi - but it will be haraam if there is doubt or conviction of desire. However non Hanafis probably cannot understand what is makhruh e tahrimi and probably misunderstand it. Plus they look at the fact that the face is not part of awrah and jump at this. Based on this misunderstanding they say one may not cover the face - which is untrue as we have seen.

[hope1]

The misconception is about the dispensation.
InshaAllah if there was any confusion someone knowledgeable will clear it up.
I tried to justify what has been agreed upon by the Hanafi scholars.

[ENIGMA]

interesting read,jazakallah.

but all the narrations must be viewed in light of the revelations of the Quran on this subject. There are a few ayaahs mentioning this subject,and so certain ahadith may be connected to a certain timespan thus that has to be factored in the whole equation.

The narration about the lady going to find her son,whilst being veiled,and the companions asking her why she is veiled,how authentic is that narration?


The narration also shows that the lady was veiled,yet the Prophet :saw: did not rebuke the lady for being veiled.

Last point for now,ladies wanting to emulate the wives of the prophet :saw: should be commended not condemned.

If it can be proved from narrations after the ayahs on this subject were revealed that women used to veil and unveil,then that should clarify the matter.

[Mad Dog Dead Donkey]

:salam:

Hakim al-Umma :rahma: discusses the various ayaat on this issue proving the veil from it in a unique manner in his 'Risaalah al-Qawl al-Sawaab Fee Tahqeeq Mas'alah al-Hijaab'

Do try and read it.

:ws:

[Ansari]

By the way, there are prominent Hanafi scholars (Deobandi) who do allow women to show their face when they are living in a joint family system, but they do state they should avoid each other as much as possible.

[hope1]

By the way, there are prominent Hanafi scholars (Deobandi) who do allow women to show their face when they are living in a joint family system, but they do state they should avoid each other as much as possible.

Assalamu alaikum,

I have heard that this is the fatwa from Darul Uloom Karachi. Mufti Muhammad bin Adam mentioned it in his fatwa. However I would like to know the proof of this fatwa because the rulings and the ahadith regarding this subject are clear (that the brother in law is death). So how can this ruling (which is derived directly from the hadith) be overturned just because of difficulty. If permissibility is given that means the people in this situation will not try/strive to change the circumstance. So I would really like to know the proof and plus what other muftis think of it. Just because Deobandi ulema gave this fatwa does not mean it is necessarily correct and it cannot be criticized.

Second in the fatwa by Mufti Muhammad - which I cannot locate so if I make a mistake of facts someone can correct me - the person asks that he is able to avoid his sister in law (and his wife can avoid the brother in law) but sometimes when the brother comes over (who does not live with them) it is difficult/awkward to avoid his sister in law. In this situation Mufti Muhammad brings up the above fatwa to say that it will be ok for him to go in front of his sister in law. I do not understand - the fatwa from Karachi is that when people are living together and it is impossible to avoid. In this case he says he is able to avoid and they don't even live together. I wan to see what the other ulema and muftis think about this on this forum.

[shatibi]

:salam:

Here is the full article for Maulana Yousuf sahib:


The Niqab and its obligation in the Hanafi madhhab
By Mufti Husain Kadodia

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, Most Merciful.

Our discussion will entail the following:

1. Introduction

2. The juristic definition of shahwah (desire)

3. The Hanafi stance

3.1 Types of gazes and their respective rulings

3.1.1 A gaze accompanied with conviction of no possibility of attraction
3.1.2 A gaze accompanied with doubt of attraction
3.1.3 A gaze accompanied with strong possibility or certainty of attraction

3.2 The obligation of covering the face

4. Conclusion

___________

1. Introduction

It is with great sadness that we note confusion in the minds of many students and even some scholars concerning the obligation of the niqab (veil) in the Hanafi madhhab, which expressly classifies covering the face as binding on women and forbids the exposure of the face in the presence of ghayr mahrams (strangers). While there have been dozens of works penned on this issue, we wish to focus on the Hanafi stance due to the abuse it is being subjected to. We ask Allah Most High to grant us the tawfiq (ability) to explain the issue in a manner pleasing to Him. Amin.

2. The juristic definition of shahwah (desire)

Before commencing the discussion, it would be imperative to understand the definition of shahwah in the context of looking at a female.

Hanafi jurists differ concerning its definition in the context of hurmat al-musaharah.1 Some define it as “an inclination and attraction of the heart”, while others stipulate that it must be accompanied by the stirring of the male organ.

It must, however, be noted that this difference is only applicable in the context of hurmat al-musaharah and is not applicable in the context under discussion.

The jurists have clearly stated that the shahwah in the context of gazing at a member of the opposite sex is “an attraction and inclination”; this is regardless of whether the gazing is accompanied with the stirring of the male organ or not.

Al-Quhustani,2 Al-Tahtawi,3 Al-Nablusi,4 ‘Abid al-Sindhi5 and Ibn ‘Abidin6 are among those who have expressly clarified this.
3. The Hanafi stance

Before discussing the stance of the madhhab, it should be borne in mind that the madhhab has tackled this issue from both the man’s perspective as well as that of the woman.

The male perspective is discussed under the rulings of the gaze, while the female perspective is discussed under the issue of covering the face.

We will now discuss each of them separately:

3.1. Types of gazes and their respective rulings

A male’s gaze towards a strange female’s face or hands would fall under one of the following three categories:

3.1.1. A gaze accompanied with conviction of no possibility of attraction

This is the case mentioned in most texts and which has been misunderstood by many. The ruling of the imam’s of the madhhab is clear in that this gaze would be permissible.7

However, this has been clearly conditioned with absolute conviction of no possibility of shahwah appearing in the heart towards her.8

The early jurists of the madhhab, who lived just after the imams, knew that this scenario was only possible in bygone times when purity and chastity were dominant,9 and, so, expecting a young man’s gaze at a young woman to be completely free of desire is unfathomable in these times. They thus classified such a gaze to be makruh tahrimi (highly disliked and close to forbidden).10

From amongst the luminaries who mentioned this ruling are: Abu ‘l-Layth al-Samarqandi (d.373 AH),11 Al-Quduri (d. 428 AH),12 Al-Walwaliji (d. 540 AH),13 Siraj al-Din al-Awshi (d. 575 AH),14 Al-Sunnami (d. after 700 AH),15 ‘Alim ibn al-’Ala (d. 786 AH),16 Al-Quhustani (d. 950 AH),17 Al-Birgivi (d. 981 AH),18 the authors of Al-Fatawa al-Hindiyyah (completed in 1085 AH),19 Al-Haskafi (d. 1088 AH),20 Al-Khadimi (d. 1176 AH),21 Al-Tahtawi (d. 1231 AH),22 Ibn ‘Abidin (d. 1252 AH),23 ‘Abid al-Sindhi (d. 1257 AH)24 and Al-Maydani (d. 1298 AH).25

Also worthy of note is that this ruling has been recorded from none other than the great imam and mujtahid of the madhhab, Imam Abu Yusuf al-Qadi.26 This ruling is not applicable to old women who have passed the age of being desired, as they have been clearly exempted from these rulings.27

Thus, the authoritative position of the madhhab is that while looking at the face of a strange female is not completely forbidden when there exists conviction of no desire at all towards her, it would still be makruh tahrimi.
3.1.2. A gaze accompanied with doubt of attraction

This type of gaze has been classified as haram (forbidden).28

3.1.3. A gaze accompanied with strong possibility or certainty of attraction

This gaze is also been forbidden, just as the one before it.29

3.2. The obligation of covering the face

While the madhhab has not completely forbidden a male’s gaze towards a female’s face when there exists absolutely no fear of attraction, the woman has no way of knowing whether the gazes directed towards her are free of desire or not, especially when out in public. The Hanafi madhhab has, in accordance with the Qur’an and Sunnah, thus obliged a woman to cover her face in front of strangers.30

This ruling is indicated to by Imam Muhammad in his Al-Asl,31 which forms the basis of the Zahir al-Riwayah of the madhhab. This is the authoritative position of the Hanafi School, as adopted by major Hanafi legal masters over the centuries, such as: Abu Mansur al-Maturidi (d. 333 AH),32 Hakim al-Shahid (d. 334 AH),33 Jassas al-Razi (d. 370 AH),34 Al-Natifi (d. 446 AH),35 Qadi Khan (d. 592 AH),36 Al-Marghinani — author of Al-Hidayah (d. 593 AH),37 Al-Kirmani (d. 600 AH approx.),38 Mahmud Al-Bukhari — author of al-Muhit (d. 616 AH),39 Al-Sunnami (d. after 700 AH),40 Al-Sighnaqi (d. 714 AH),41 Al-Qurashi (d. 854 AH),42 Ibn al-Humam (d. 861 AH),43 Al-Quhustani (d. 950 AH),44 Ibn Nujaym (d. 970 AH),45 Sinan al-Khalwati (d. 989 AH),46 Umar ibn Nujaym (d. 1005 AH),47 Mulla ‘Ali al-Qari (d. 1014 AH),48 Al-Shurunbulali (d. 1069 AH),49 Shaykh Zada (d. 1078 AH),50 ‘Abd al-Halim (d. 1088 AH),51 Al-Haskafi (d. 1088 AH),52 Al-Tahtawi (d. 1231 AH),53 Ibn ‘Abidin (d. 1252 AH),54 ‘Abid al-Sindhi (d. 1257 AH),55 ‘Abd al-Hay al-Laknawi (d. 1304 AH),56 Al-Sawati (d. 1346 AH),57 Al-Nahlawi (d. 1350 AH).58

4. Conclusion

We can thus conclude that it is obligatory on a man to lower his gaze from the face of strange women under all circumstances, just as it is binding on a woman to cover her face in the presence of strange men.

Allah Most High knows best.

Husain Kadodia
14 Ramadan 1429 / 14 September 2008
Durban, South Africa

قال إمام الحرمين الجويني (ت 478 هـ): اتفق المسلمون على منع النساء من الخروج سافرات الوجوه

Imam al-Haramayn (d. 478 AH) said:
“There exists consensus of the Muslims on preventing women from emerging with their faces uncovered.”

(Mughni l-Muhtaj 4/203, Tuhfat al-Muhtaj 7/193)


A specific marital prohibition due to unlawful contact between a male and a female. [↩]
جامع الرموز 2/305 ونصه:«وشُرط لحل النظر إليها وإليه الأمن بطريق اليقين عن شهوة أي ميل النفس إلى القرب منها أو منه أو المس لها أو له مع النظر».

[↩]

حاشية الطهطاوي على الدر 1/191 ونصه:«قوله: (بشهوة) لم أر تفسيرها هنا، والمذكور في المصاهرة أنه فيمن ينتشر بالانتشار أو زيادته إن كان موجودا، وفي المرأة والفاني بميل القلب.والذي تفيده عبارة مسكين في الحظر أنها ميل القلب مطلقا، ولعله الأنسب هنا».

[↩]

أنظر رد المحتار 1 / ص 406. [↩]

أنظر طوالع الأنوار 1/ق527/أ الأزهر

[↩]

رد المحتار 1 / ص 406 ونصه - بعد ذكر عبارة الطهطاوي: «قلت: يؤيده ما في القول المعتبر في بيان النظر لسيدي عبد الغني: بيان الشهوة التي هنا مناط الحرمة أن يتحرك قلب الإنسان ويميل بطبعه إلى اللذة، وربما انتشرت آلته إن كثر ذلك الميلان، وعدم الشهوة أن لا يتحرك قلبه إلى شيء من ذلك بمنزلة من نظر إلى ابنه الصبيح الوجه وابنته الحسناء ا هـ».

[↩]

الأصل للشيباني 3/49 ونصه: «وأما المرأة الحرة التي لا نكاح بينه وبينها، ولا حرمة، ممن يحل له نكاحها، فليس ينبغي له أن ينظر إلى شيء منها مكشوفا إلا الوجه والكف؛ ولا بأس بأن ينظر إلى وجهها وإلى كفها ولا ينظر إلى شيء غير ذلك منها… ولا بأس بأن ينظر إلى وجهها وكفها إلا أن يكون إنما ينظر إلى ذلك اشتهاء منه لها».

[↩]

قال السرخسي في المبسوط 10/153:« وهذا كله إذا لم يكن النظر عن شهوة؛ فان كان يعلم أنه إن نظر اشتهي لم يحل له النظر إلى شيء منها… وكذلك إن كان أكبر رأيه أنه إن نظر اشتهي، لأن أكبر الرأي فيما لا يوقف على حقيقته كاليقين».

وعبارة المحيط 8/25 أوضح منه، حيث قال في نظر الأجنبية إلى أجنبي:«وما ذكرنا من الجواب فيما إذا كانت المرأة تعلم قطعا ويقيناً أنها لو نظرت إلى بعض ما ذكرنا من الرجل لا يقع في قلبها شهوة». ومثله في الفتاوى الهندية 5/327.

وكذلك عبارة القهستاني 2/305 :«وشُرط لحل النظر إليها وإليه الأمنُ بطريق اليقين عن شهوة أي ميل النفس إلى القرب منها أو منه، أو المس لها أو له مع النظر.» ومثله في رد المحتار 6/325.

[↩]

قال العلامة الكوثري في حجاب المرأة المسلمة ص11:«وأين ذلك المجتمع المهذّب، الذي يأمن الإنسان من الفتنة عند خروج المرأة سافرة؟».

[↩]

أطلقوا الكراهة، ومن المعلوم أنها إذا أطلقت في كتب أصحابنا يراد بها التحريم، كما في رد المحتار 6/327 وغيره.

[↩]

عيون المسائل ص189 ونصه:« وليس النظر إليه حراماً ، وأكره به ذلك».

[↩]

ذكره في شرحه لمختصر الكرخي، كما في الفتاوى التتارخانية 7/ق19/ب (منيسة 788) ونصاب الاحتساب 1/132 و رد المحتار 1/406.

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الفتاوى الولوالجية 2/197 ونصه:« لأن النظر إلى وجه الأجنبية ليس بحرام وإن كان يكره له ذلك».

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الفتاوى السراجية ص73 ونصه:« النظر إلى وجه الأجنبية إذا لم يكن عن شهوة ليس بحرام لكنه مكروه».

[↩]

نصاب الاحتساب 1/132 ونصه:«وفي شرح الكرخي النظر إلى وجه الأجنبية الحرة ليس بحرام ولكن يكره بغير حاجة لأنه لا يؤمن من الشهوة».

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الفتاوى التتارخانية 7/ق19/ب (منيسة 788) ونصه:« وفي شرح الكرخي النظر إلى وجه المرأة الأجنبية الحرة ليس بحرام ولكن يكره بغير حاجة» ونقله في بريقة محمودية 4/64 و رد المحتار 1/406.

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جامع الرموز 2/305 ونصه:« وفيه إشارة إلى أنه يجل النظر إلى وجه الأجنبية إلا أنه مكروه، كما في أيمان الولوالجي».

[↩]

بريقة محمودية في شرح طريقة محمدية 4/64 ونصه: «النظر إلى وجهها وكفيها من غير حاجة مكروه».

[↩]

الفتاوى الهندية 5/329 ونصه: «النظر إلى وجه الأجنبية إذا لم يكن عن شهوة ليس بحرام لكنه مكروه ، كذا في السراجية ».

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الدر المختار 6 /370 ونصه: «فحل النظر مقيد بعدم الشهوة وإلا فحرام، وهذا في زمانهم، وأما في زماننا فمنع من الشابة.قهستاني وغيره».

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بريقة محمودية 4/64 ونصه: «وفي التتارخانية نظر وجه الأجنبية ليس بحرام لكن يكره بغير حاجة ».

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حاشية الطهطاوي على الدر 4/185 ونصه:«( قوله وأما في زماننا فمنع من الشابة ) أي فمنع نظر الوجه من الشابة ولو من غير شهوة».

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رد المحتار 1/407 ونصه:« قال في التتارخانية: وفي شرح الكرخي النظر إلى وجه الأجنبية الحرة ليس بحرام، ولكنه يكره لغير حاجة»؛
و6/370 ونصه:« ( قوله وأما في زماننا فمنع من الشابة ) لا لأنه عورة بل لخوف الفتنة»

[↩]

طوالع الأنوار 14/ق594/أ ونصه:« (وأما في زماننا فمنع) نظر الوجه (من الشابة) ولو بلا شهوة».

[↩]

اللباب في شرح الكتاب ص 702 ونصه:«قال في الدر: فحل النظر مقيد بعدم الشهوة، وإلا فحرام، وهذا في زمانهم، وأما في زماننا فمنع من الشابة، قهستاني وغيره اهـ».

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عيون المسائل ص189 ونصه:« وقال أبو يوسف في رجل حلف بالطلاق أن لا ينظر إلى حرام فنظر إلى وجه امرأة قال لا تطلق امرأته، وليس النظر إليه حراماً، وأكره به ذلك».

[↩]

أنظر الأصل للشيباني 3/51 ورد المحتار 1/406 وغيرهما.

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البحر الرائق شرح كنز الدقائق 1/284 (ط.العلمية 1/470) وحاشية الشلبي على التبيين 1/96 وفتح القدير 1/226 وحاشية الطهطاوي على المراقي1/331 والدر المختار 1/407 (مع رد المحتار) ونصهم:« ولذا حرم النظر إلى وجهها ووجه الأمرد إذا شك في الشهوة»؛
وفي طريقة محمدية للبركوي 4/63 (مع بريقة محمودية):«فإن كان بشهوة أو بشك فيها فيحرم مطلقاً»؛
وفي تبيين الحقائق 6/17: « والأصل فيه أنه لا يجوز أن ينظر إلى وجه امرأة أجنبية مع الشهوة، لما روينا إلا للضرورة إذا تيقن بالشهوة أو شك فيه»
وفي تحفة الملوك ص230:«فإن خاف الشهوة لم ينظر إلى الوجه أيضا إلا لحاجة وكذا لو شك»
وفي الهداية 8/460 (مع فتح القدير):« وقوله «لا يأمن» يدل على أنه لا يباح إذا شك في الاشتهاء كما إذا علم أو كان أكبر رأيه ذلك»
في اللباب ص703:«وإن لم يأمن ذلك أو شك لم يحل له المس ولا النظر كما في المجتبى وغيره».

[↩]

الفتاوى الهندية 5/329: «وإن غلب على ظنه أنه يشتهي فهو حرام، كذا في الينابيع» والنصوص في هذا كثيرة وقد مرّت بعضها.

[↩]

قال العلامة الكوثري في حجاب المرأة المسلمة ص12:«وعدم خوف الفتنة إنما يعلم في ناظر خاص، وأما بالنظر إلى جماهير الناس الذين تبزر المرأة سافرة أمامهم فلا يتصور عدم خوف الفتنة منهم جميعا، فيتحتم المنع من السفور أمامهم على هذا التعليل».

[↩]

الذخيرة البرهانية 1/ق90/أ (الوطنية بتونس) و1/ق122/أ (الأحمدية بحلب)ونصه: «و في «الأصل»: «المرأة المحرمة ترخي على وجهها بخرقة، وتجافي عن وجهها» قالوا: هذه المسألة دليل على أن المرأة منهية عن إظهار وجهها للرجال من غير ضرورة؛ لأنها منهية عن تغطية الوجه لأجل نسك، لولا أن الأمر كذلك، وإلا لما أمرت بهذا الإرخاء».ومثله في منحة الخالق 2/381 (ط.علمية 2/622).

[↩]

تأويلات أهل السنة 4/136 ونصه:«وفي الآية دلالة رخصة خروج الجرائر للحوائج، لأنه لو لم يجر لهن الخروج لم يؤمرن بإرخاء الجلباب على أنفسهن، ولكن نهاهن عن الخروج بغير جلباب فدل أنه يجوز لهن الخروج للحاجة؛ والله أعلم».

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ذكره في المنتقى كما في مجمع الأنهر 1 /81 ونصه: «وفي المنتقى تمنع الشابة عن كشف وجهها لئلا يؤدي إلى الفتنة وفي زماننا المنع واجب بل فرض لغلبة الفساد ». وفي مجموعة الغرائب ق215/ب:«تمنع المرأة الشابة من كشف وجهها بين الرجاء في زماننا في رواية المنتقى».

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أحكام القرآن للجصاص 5/245 ونصه:«قال أبو بكر : في هذه الآية دلالة على أن المرأة الشابة مأمورة بستر وجهها عن الأجنبيين وإظهار الستر والعفاف عند الخروج لئلا يطمع أهل الريب فيهن» .

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ذكره في واقعاته كما في المحيط البرهاني 3/ 499 ونصه:«ذكر في «واقعات الناطفي» أن المرأة المحرمة ترخي على وجهها خرقة، وتجافي عن وجهها، ودلت هذه المسألة على أن المرأة منهية عن إظهار وجهها للرجال من غير ضرورة؛ لأنها منهية عن تغطية الوجه لحق نسك، لولا أن الأمر كذلك، وإلا لما تؤمر بهذا الإرخاء».

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فتاوى قاضيخان 1/286ونصه: «وإن أرخت شيئاً على وجهها تجافي وجهها لا بأس به فدلت المسألة على أنها لا تكشف وجهها على الأجانب من غير ضرورة».

[↩]

التجنيس والمزيد 2/479 ونصه:«المرأة المحرمة ترخي على وجهها خرقة وتجافي عن وجهها، دلت المسألة على أن المرأة منهية عن إظهار وجهها للأجانب من غير ضرورة لأنها منهية عن تغطية الوجه لحق النسك لولا أن الأمر كذلك لم يكن لهذا إلارخاء فائدة».

[↩]

المسالك في المناسك 1/356 ونصه: «ولا تكون مكشوفة الوجه، كيلا يؤدي إلى الفتنة».

[↩]

المحيط البرهاني 3/ 499 ونصه:«ذكر في «واقعات الناطفي» أن المرأة المحرمة ترخي على وجهها خرقة، وتجافي عن وجهها، ودلت هذه المسألة على أن المرأة منهية عن إظهار وجهها للرجال من غير ضرورة؛ لأنها منهية عن تغطية الوجه لحق نسك، لولا أن الأمر كذلك، وإلا لما تؤمر بهذا الإرخاء».

[↩]

نصاب الاحتساب ص132ونصه:«مسألة: الحرة تمنع من كشف الوجه والكف والقدم فيما يقع عليه نظر الأجنبي لأنها لا تأمن عن شهوة بعض الناظرين إليها».

[↩]

ذكره في النهاية كما في البحر العميق 1/713 ونصه: «قال صاحب النهاية: واعلم أن سدل الشيء على وجهها واجب عليها».

[↩]

البحر العميق 1/713 ونصه:« قال صاحب النهاية: واعلم أن سدل الشيء على وجهها واجب عليها، لما ذكر في الواقعات للناطفي: أن المرأة المحرمة ترخي على وجهها خرقة، وتجافي عن وجهها، ودلت هذه المسألة على أن المرأة منهية عن إظهار وجهها للرجال من غير ضرورة؛ لأنها منهية عن تغطية الوجه في نسك، لولا أن الأمر كذلك، لما أمرت بهذا الإرخاء».

[↩]

فتح القدير 2/405 ونصه:«ودلت المسألة على أن المرأة منهية عن إبداء وجهها للأجانب بلا ضرورة، وكذا دل الحديث عليه».

[↩]

جامع الرموز 2/305 ونصه: «وهذا في زمانهم، وأما في زماننا فمنع من الشابة»و 1/415ونصه:« في النهاية أن السدل واجب».

[↩]

البحر الرائق شرح كنز الدقائق 1/284 (ط.العلمية 1/470): «قال مشايخنا تمنع المرأة الشابة من كشف وجهها بين الرجال في زماننا للفتنة ».

[↩]

قرة العيون في مناسك الحج ق44/أ ونصه:«ويجب عليها أن تسدل شيئا على وجهها وتجافيه عن وجهها».

[↩]

النهر الفائق 2/ 98ونصه:« دلت المسألة على أنها لا تكشف وجهها للأجانب أي لا يحل لها ذلك».

[↩]

مناسك ملا علي القاري ص115ونصه:« وفي النهاية: إن سدل الشيء على وجهها واجب عليها، ودلت المسألة على أن المرأة منهية عن إظهار ووجهها للأجانب بلا ضرورة.»

[↩]

حاشية الشرنبلالي على الدرر1/234ونصه: «ودلت المسألة على أن المرأة منهية عن إبذال وجهها للأجانب بلا ضرورة».

[↩]

مجمع الأنهر 1/81: «وفي المنتقى تمنع الشابة عن كشف وجهها لئلا يؤدي إلى الفتنة وفي زماننا المنع واجب بل فرض لغلبة الفساد .وعن عائشة رضي الله تعالى عنها جميع بدن الحرة عورة إلا إحدى عينيها فحسب، لاندفاع الضرورة ».و 1/285: «في النهاية أن السدل أوجب ودلت المسألة على أن المرأة لا تكشف وجهها للأجانب من غير ضرورة ».

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حاشية عبد الحليم على الدرر 1/149ونصه: «أما عند وجودهم ومواجهتهم فهو واجب، وعند عدم الإمكان فالواجب حينئذ عض البصر من الأجانب».

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الدر المختار 6 /370 ونصه: «فحل النظر مقيد بعدم الشهوة وإلا فحرام، وهذا في زمانهم، وأما في زماننا فمنع من الشابة.قهستاني وغيره.» و 1/ 406ونصه:« (وتمنع) المرأة الشابة (من كشف الوجه بين الرجال) لا لأنه عورة بل (لخوف الفتنة) كمسه وإن أمن الشهوة».

[↩]

حاشية الطهطاوي على المراقي 1/331 ونصه:« ومنع الشابة من كشفه لخوف الفتنة لا لأنه عورة وأنظر حاشية الطهطاوي على الدر 1/191.

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رد المحتار 2/527-528 ونصه:« صرح في النهاية بالوجوب وفي المحيط : ودلت المسألة على أن المرأة منهية عن إظهار وجهها للأجانب بلا ضرورة لأنها منهية عن تغطيته لحق النسك لولا ذلك ، وإلا لم يكن لهذا الإرخاء فائدة ا هـ ونحوه في الخانية.وفق في البحر بما حاصله أن محمل الاستحباب عند عدم الأجانب.وأما عند وجودهم فالإرخاء واجب عليها عند الإمكان ، وعند عدمه يجب على الأجانب غض البصر»
و1/ 406 ونصه( قوله وتمنع المرأة إلخ ) أي تنهى عنه وإن لم يكن عورة ( قوله بل لخوف الفتنة ) أي الفجور بها قاموس أو الشهوة .والمعنى تمنع من الكشف لخوف أن يرى الرجال وجهها فتقع الفتنة لأنه مع الكشف قد يقع النظر إليها بشهوة ».

[↩]

أنظر طوالع الأنوار 1/ق527/أ.

[↩]

أنظر مجموع فتاوى اللكنوي 2/155.

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غنية الناسك في بغية المناسك ص94 ونصه: «في النهاية والمحيط أنه واجب. والتوفيق أن الاستحباب عند عدم الأجانب، وأما عند وجودهم فالإرخاء واجب عليها عند الإمكان، وعند عدمه يجب على الأجانب عض البصر».

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الدرر المباحة للنحلاوي ص50ونصه: «وتمنع الشابة من كشف وجهها، لا لأنه عورة، بل لخوف الفتنة».

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Tags: deoband ulama and niqab, Fiqh, hanafi jurists on niqab, hanafi stance on niqab, hanafi ulama on niqab, hijab, ibn abidin on niqab, Kadodia, niqab, purda, purdah, veil

This entry was posted by Hamood on Tuesday, April 28th, 2009 at 12:23 am and is filed under Miscellaneous. You can follow any responses to this entry through the RSS 2.0 feed.

6 Responses to “The Niqab and its obligation in the Hanafi madhhab”

Hamood
April 28, 2009 at 2:16 pm
Brilliant stuff.

#112
dehlawi
April 29, 2009 at 4:13 am
As-salaamu `alaikum,

Interesting article. So does that mean hanafi women that don’t cover their faces are all sinful?

#113
Zayn al-'Abidin
April 29, 2009 at 6:42 am
As-salamu `alaykum dehlawi,

Yes they would be sinful.

Conclusion

We can thus conclude that it is obligatory on a man to lower his gaze from the face of strange women under all circumstances, just as it is binding on a woman to cover her face in the presence of strange men.

#114
True Life
April 29, 2009 at 7:17 am
Asalamu ‘Alaykum Wa Rahmatullah

What are good ways to encourage your mother and sisters (who already wear Hijab) to wear the Niqab as well - especially in the West?

#115
Adeel bin Minhaj
April 29, 2009 at 5:20 pm
As Salamu Alaykum everyone,

True Life, definitely this is a tough task, and we should seek the help of Allah swt. We should try our best and use Hikmah to educate the women. There are also countless stories of Reverts that have worn a Niqab and told their stories for inspiration for all women. Those should be helpful along with the males of the home also adhering to the Sunnah and lowering their gaze and being pious individuals.

#116
SunniWaqas
April 30, 2009 at 8:37 am
Assalam u alaikum,

Excellent article MashaAllah! The Hanafi position on the issue is crystal clear from this. Keep up the good work Mufti Husain Sahib!

I seriously think there should be a well-researched article on this topic covering the other 3 Madhaahib as well especially the Maliki and Shafi’ee views.

Wassalaam

[sudoku]

By the way, there are prominent Hanafi scholars (Deobandi) who do allow women to show their face when they are living in a joint family system, but they do state they should avoid each other as much as possible.
:salam:

For a while after I married, my husband and I along with my two older brothers + wives and younger brother were living in my parents house. I won't say it was easy, but it's certainly not impossible to adhere to the rules of purdah. A person just has to have some sabr and perseverance.

[ENIGMA]

:salam:

For a while after I married, my husband and I along with my two older brothers + wives and younger brother were living in my parents house. I won't say it was easy, but it's certainly not impossible to adhere to the rules of purdah. A person just has to have some sabr and perseverance.


agreed.

when me and my wife go to my parents house, I am the one that has to go back and forth in the kitchen or elsewhere if my brothers want something. But in order to maintain purdah,it has to be done. and i dont resent it.

The problem is,people throw in the towel too easily and say it cant be done etc. I am not from overtly religeous family with my wife the only one who wears the niqab and I have no sisters.

But I made dua, and alhamdulillah,everyone knows the score when my wife is around. Even when relatives come to me parents house, the men dont wander in the ladies room as they know my wife is there.

At the end of the day, if peopel make a sincere effort and make dua, Allah will make it easy. Too many people have a give up attitude.

[Al-Faruqi]

:salam:

Just to keep it short for me (don't have time reading the whole article):

Niqab is wajib (or fard?), right?

For a man it is haram to look at a woman's face?

:ws:

[ENIGMA]

What is the point of a woman wearing the niqab but then applying so much perfume,that even minutes after she has moved away,the scent still lingers on that spot.

The whole concept of niqab/hijab has been butchered,by women simply wearing the niqab/hijab but then applying sheds of pefume,kohl on the eye etc,thus instead of people looking away,people actually take notice.

I mean what is the point.

[True Life]

:salam:

The article is not too long, you should take out some time to read it later yourself. Anyway...


Niqab is wajib (or fard?), right?Yes, it is Wajib according to the Hanafi Madhab.


For a man it is haram to look at a woman's face?In general, yes.

[Al-Faruqi]

What is the point of a woman wearing the niqab but then applying so much perfume,that even minutes after she has moved away,the scent still lingers on that spot.

The whole concept of niqab/hijab has been butchered,by women simply wearing the niqab/hijab but then applying sheds of pefume,kohl on the eye etc,thus instead of people looking away,people actually take notice.

I mean what is the point.

:salam:

A great tasawwuf shaykh from Turkey once said (aproximately translated from memory) that it is better for a woman to stay naked at home than walking around outside in full hijab/niqab.


:salam:

The article is not too long, you should take out some time to read it later yourself. Anyway...

Yes, it is Wajib according to the Hanafi Madhab.

In general, yes.

:jazak: my brother.

:ws:

[hope1]

:salam:

A great tasawwuf shaykh from Turkey once said (aproximately translated from memory) that it is better for a woman to stay naked at home than walking around outside in full hijab/niqab.



:jazak: my brother.

:ws:

Assalamu alaikum,
Allah said in the Quran to the women to stay at home and not come out. Of course in case of need they can come out - and that is what the women of the sahabas did. They came out in need and when they did so they came out with full veil. They did not make it a point to go outside in full veil.

[Al-Faruqi]

:salam:

The article is not too long, you should take out some time to read it later yourself. Anyway...

Yes, it is Wajib according to the Hanafi Madhab.

In general, yes.

One more question:

Will it be haram to look at a woman's face even if it is just for the first time?
In my local community the people say that the first glance at a woman is allowed and what cames after is for shaytan, meaning that every glance after the first unintended one will be sinful - Is this statement true?

Furthermore what about school? I have plenty of female teachers and also some female classmates, I agree that I'm able to avoid to looking at female classmates but not looking at the teacher will be difficult in my opinion as I have to look at the board in front of me where I always see the teacher too. Will the ruling of haram also apply here? It's really not a problem for me to accept this being haram, but if I count all the times where I have to face/look at females and then try to imagine to amount of "daily sin" I'm doing, this just makes me speechless..

I don't know how to counter this.

:ws:

[hope1]

One more question:

Will it be haram to look at a woman's face even if it is just for the first time?
In my local community the people say that the first glance at a woman is allowed and what cames after is for shaytan, meaning that every glance after the first unintended one will be sinful - Is this statement true?

Furthermore what about school? I have plenty of female teachers and also some female classmates, I agree that I'm able to avoid to looking at female classmates but not looking at the teacher will be difficult in my opinion as I have to look at the board in front of me where I always see the teacher too. Will the ruling of haram also apply here? It's really not a problem for me to accept this being haram, but if I count all the times where I have to face/look at females and then try to imagine to amount of "daily sin" I'm doing, this just makes me speechless..

I don't know how to counter this.

:ws:

Assalamu alaikum brother,
We live our lives immersed in sin all the time. The point is to make istighfaar. And Allah loves those who make istighfaar. InshaAllah I will quote some hadith later. I have to go now.

[muhammadnur]

Assalamu alaikum brother ENIGMA,

I know that the ruling of the niqab in the other three madhabs are stricter than in the Hanafi school and it is probably unconditionally wajib. I know this because in one audio lecture I heard Imam Zaid Shakir say that all those women in the west who are not doing the niqaab are automatically taking the Hanafi dispensation because in the other three madhabs there is no such leeway. (Obviously now we know he misunderstood the Hanafi position).


There's two different opinions that I found in the Maliki madhab.

from the Guiding Helper QandA

Sidi , You wrote:

> What is the ruling for Niqab (face veil for women)
> in the Maliki School?
>
> I have been informed that Ibn Rushd (in Introduction
> and Explanations of material which needed to be clarified
> in al-Mudawwanah, vol.1, p.109) and al-Sharh al-Kabir (with
> the commentary of al-Dasuqi, vol.1, p.215) permit a woman
> to reveal her face and hands before strangers.

The popular opinion in the Maliki school states that it
is *not* wajib for a woman to wear niqab. Rather, her
hands and face may remain bare according to the
popular opinion in the school.

You will find minority opinions in the Maliki school
which state that covering the face is wajib for
women.

References:
Line 13:464 of the Guiding Helper Main Text and associated
entries in the Notes of Sources.

Everything besides the hands and the face of a free woman is part of her nakedness.
[QF: volume 1: page 51: line(s) 17: {book 2; chapter 6; first fourth}]

Sheikh Khalil means that that the nakedness of the free-
woman with an unrelated man [who is not her husband]
consists of her entire body including her head hair all except
her face and hands (the back and the palms). Thus,
the unrelated man may look at the face and hands.
[KH: volume 1: page 247: line(s) I16-17: {book of prayer;
covering one's nakedness;
explanation of Sidi Khalil's statement "And with the unrelated man
[everything] except the face and palms" }]

> However, someone recently claimed that Mayyara's
> commentary on Ibn 'Ashir and Dardir's al-Sharh al-Saghir
> (apparently the mu'tamad text for Malikis in the East)
> states that it is 'wajib' for a woman to cover her face
> and hands because of 'fitna', despite the fact that these
> are not considered to be awrah.
>

Just a comment here that Dardir's text (which is reliable;
that is the meaning of mu`tamad) still contains digressions
from the popular opinions (due to his being extremely
qualified in the views of the Jurists of Egypt. Thus,
Dardir was not simply narrating the opinions of the school,
but adding some of own research to the issues mentioned).

As for the Mayyarah (written in Fez), we are aware that
it states that if a woman is young and attractive it is
wajib for her to cover her face. We are narrating the
opinion it is simply recommended (and not wajib)
for her to cover her face.

References:
See excerpts above which state that the face and hands
of a free woman are lawful for her to display without
qualifications.


KH stands for al-Khurashī `Alā Mukhtasar Sidī Khalīl
author: Muhammad al-Khurashī al-Maliki


And from Ustadh Abdullah bin Hamid Ali

Question:
1. What was the position of Imam Malik on the awra of women? Is it
true as some have told me that his position was that women should
(fard) wear the niqab (face veil)?
What is the most relied upon position in the maliki maddhab on the
hijab/niqab?

2. Is the most relied upon opinion (in fiqh) necessarily the
strongest opinion?






Ustadh Abdullah's response:

The standard view in the Maliki School is that Muslim women are
required to cover their faces in the presence of non-Muslims but not
required to cover them in the presence of Muslims.

As for your question about the most relied upon opinion being the
strongest opinion, most times it is. And it is usually the opinion
that has the most evidence in support of it. However, at times in
history the weaker opinion would many times become the stronger or
standard view due to the change of circumstances and judgments made
by certain Maliki judges in different parts of the Ummah. This is
well known among the Malikis of the Maghrib and Andalus. These
judgments were what was known as the 'Amaal' or 'Maa jaraa bihee al-
'amal', like the 'amal of Fes, or the 'amal of Marraakesh, or
the 'amal of Cordova (Qurtubah).

Was Salaam

Abdullah

[hope1]

There's two different opinions that I found in the Maliki madhab.

from the Guiding Helper QandA

Sidi , You wrote:

> What is the ruling for Niqab (face veil for women)
> in the Maliki School?
>
> I have been informed that Ibn Rushd (in Introduction
> and Explanations of material which needed to be clarified
> in al-Mudawwanah, vol.1, p.109) and al-Sharh al-Kabir (with
> the commentary of al-Dasuqi, vol.1, p.215) permit a woman
> to reveal her face and hands before strangers.

The popular opinion in the Maliki school states that it
is *not* wajib for a woman to wear niqab. Rather, her
hands and face may remain bare according to the
popular opinion in the school.

You will find minority opinions in the Maliki school
which state that covering the face is wajib for
women.

References:
Line 13:464 of the Guiding Helper Main Text and associated
entries in the Notes of Sources.

Everything besides the hands and the face of a free woman is part of her nakedness.
[QF: volume 1: page 51: line(s) 17: {book 2; chapter 6; first fourth}]

Sheikh Khalil means that that the nakedness of the free-
woman with an unrelated man [who is not her husband]
consists of her entire body including her head hair all except
her face and hands (the back and the palms). Thus,
the unrelated man may look at the face and hands.
[KH: volume 1: page 247: line(s) I16-17: {book of prayer;
covering one's nakedness;
explanation of Sidi Khalil's statement "And with the unrelated man
[everything] except the face and palms" }]

> However, someone recently claimed that Mayyara's
> commentary on Ibn 'Ashir and Dardir's al-Sharh al-Saghir
> (apparently the mu'tamad text for Malikis in the East)
> states that it is 'wajib' for a woman to cover her face
> and hands because of 'fitna', despite the fact that these
> are not considered to be awrah.
>

Just a comment here that Dardir's text (which is reliable;
that is the meaning of mu`tamad) still contains digressions
from the popular opinions (due to his being extremely
qualified in the views of the Jurists of Egypt. Thus,
Dardir was not simply narrating the opinions of the school,
but adding some of own research to the issues mentioned).

As for the Mayyarah (written in Fez), we are aware that
it states that if a woman is young and attractive it is
wajib for her to cover her face. We are narrating the
opinion it is simply recommended (and not wajib)
for her to cover her face.

References:
See excerpts above which state that the face and hands
of a free woman are lawful for her to display without
qualifications.


KH stands for al-Khurashī `Alā Mukhtasar Sidī Khalīl
author: Muhammad al-Khurashī al-Maliki


And from Ustadh Abdullah bin Hamid Ali

Question:
1. What was the position of Imam Malik on the awra of women? Is it
true as some have told me that his position was that women should
(fard) wear the niqab (face veil)?
What is the most relied upon position in the maliki maddhab on the
hijab/niqab?

2. Is the most relied upon opinion (in fiqh) necessarily the
strongest opinion?






Ustadh Abdullah's response:

The standard view in the Maliki School is that Muslim women are
required to cover their faces in the presence of non-Muslims but not
required to cover them in the presence of Muslims.

As for your question about the most relied upon opinion being the
strongest opinion, most times it is. And it is usually the opinion
that has the most evidence in support of it. However, at times in
history the weaker opinion would many times become the stronger or
standard view due to the change of circumstances and judgments made
by certain Maliki judges in different parts of the Ummah. This is
well known among the Malikis of the Maghrib and Andalus. These
judgments were what was known as the 'Amaal' or 'Maa jaraa bihee al-
'amal', like the 'amal of Fes, or the 'amal of Marraakesh, or
the 'amal of Cordova (Qurtubah).

Was Salaam

Abdullah

Asslamu alaikum brother,

If you play with opinions enough then you can find a dispensation for everything. Can you actually quote what was the opinion of Imam Malik himself or his immediate students?

The above answer seems very confusing and I am still uncertain as to what is the final ruling.

[Rahmaniyyah]

:salam:

The proofs and reasoning are very clear from the texts copied below the article. This is particularly resourceful for those who don't have direct access to these books.

One issue which is raised frequently nowadays is difficult to answer.

Ibn 'Abideen says:

رد المحتار 6/370 ونصه:« ( قوله وأما في زماننا فمنع من الشابة ) لا لأنه عورة بل لخوف الفتنة»

So the reason for ikraah (tahreeman) is "not because of it being 'awrah but fear of fitnah". This fear of fitnah is clearly (primarily) referring to the male who is looking because there is no certainty that there will be no shahwah. This same reason of "not because it is 'awrah but for fear of fitnah" is given for the wujoob of niqab. So essentially the same reasoning is given for both because it is a two-way affair.

Therefore all arguments like did all the sahabiyaat wear it and what did the women do in Madeenah don't really count because it could just be a ruling later on.

The issue is, the "fitnah" means (quite clearly) "shahwah" and what it may lead to. The ruling was/is for the protection of the woman. The argument propounded nowadays is that the niqab itself causes fitnah which puts the woman in danger - i.e. instead of fulfilling its purpose of diverting attention it is in fact attracting attention and at times physical or verbal abuse. This is a fact in certain areas in the West. The only counter argument one can give is "how far will you go? You might as well get rid of the jilbab and scarf too". From what I can see, this argument is weak because the reasoning has changed. The hair and shape of the body ARE part of 'awrah while the face is NOT. So the reasoning has changed from "fear of fitnah/shahwah" to "revealing the 'awrah". Hence it is by essence impermissible and not because of external factors.

The question is: If a sister was to remove her niqab while still keeping the rest of the Hijab for the very same reason of diverting attention, will she be sinful? Your thoughts will be appreciated

Note: I'm only picking issue with the female wearing niqab which draws more attention than otherwise. Everything else, like the gaze of the man etc. just makes absolute sense.

:jazak:

:ws:

[Rahmaniyyah]

:salam:

The covering of face is directly from the quran as is mentioned by Mufti Saeed Ahmed Palanpuri here if you know urdu.

http://talksofdeen.com/SAEED/Saeed2008/Tarabih/16%20Sayeed15T51Mon15Sep08.mp3

:jazak:

:salam:

I don't understand Urdu. Can you summarise Mufti Sahib's points?

It is clear, as proven from many of the quotes in the article of Mufti Husain Sahib, that the face is not part of the 'awrah according to the Hanafi madhhab.

:ws:

[ENIGMA]

The question is: If a sister was to remove her niqab while still keeping the rest of the Hijab for the very same reason of diverting attention, will she be sinful? Your thoughts will be appreciated


I believe Mufti Muhammad(leicester) has said a woman may remove her niqab if in a particular situation she feels there is a need. the need is different to say one can drink alcohol and eat pork to prserve their life. the need of removing the niqab would not have to be at a level of saving ones life,but it may due to the women being in a place where she feels her safety may be compromised if she wears the niqab. So in a town/city where niqabis are common and no one really bats a eyelid is different to a place where the place has no niqabis and the woman might feel people will become hostile. The point is they dont actually have to do anything but the very feeling of feeling for her safety is sufficient.

I'll try and dig up the complete fatwa.

[spiral_pixel]

I believe Mufti Muhammad(leicester) has said a woman may remove her niqab if in a particular situation she feels there is a need. the need is different to say one can drink alcohol and eat pork to prserve their life. the need of removing the niqab would not have to be at a level of saving ones life,but it may due to the women being in a place where she feels her safety may be compromised if she wears the niqab. So in a town/city where niqabis are common and no one really bats a eyelid is different to a place where the place has no niqabis and the woman might feel people will become hostile. The point is they dont actually have to do anything but the very feeling of feeling for her safety is sufficient.

I'll try and dig up the complete fatwa.

السلام عليكم و رحمة الله و بركاته

What about the times when you are in the Immigration area in an airport in a non-Muslim country, and they ask you to lift your Niqab so that they can match your face to the picture in your passport? I presume this is also considered a necessity?
From experience, in some Muslim countries if not all, the official at the Immigration sends you to a female to look at your face. They respect the fact that a Niqabi woman will feel uncomfortable to lift her Niqab in front of a ghayr-mahram. But in other countries it is not so.

So is it ok to lift the Niqab at the Immigration counters?

السلام عليكم و رحمة الله و بركاته

[ENIGMA]

السلام عليكم و رحمة الله و بركاته

What about the times when you are in the Immigration area in an airport in a non-Muslim country, and they ask you to lift your Niqab so that they can match your face to the picture in your passport? I presume this is also considered a necessity?
From experience, in some Muslim countries if not all, the official at the Immigration sends you to a female to look at your face. They respect the fact that a Niqabi woman will feel uncomfortable to lift her Niqab in front of a ghayr-mahram. But in other countries it is not so.

So is it ok to lift the Niqab at the Immigration counters?

السلام عليكم و رحمة الله و بركاته

I know of people who have requested a female at these airport security check in's in non muslim countries and they have obliged. As ive said many many times,too many people have a defeatist attitude or feel embarrased to ask.

By the way,for your question,im clearly not a scholar so I wouldn't like to say.

I'll try and dig up that fatwa from Mufti Muhammad and post it here(when/if I can find it)

[ENIGMA]

:salam:

You can see brother Abu Shaybas post here. It is more or less what Mufti Saab mentions for the niqab being wajib

http://www.sunniforum.com/forum/showthread.php?47917-Is-it-permissible-for-the-husband-to-see-his-wife-s-face-after-she-dies&p=396602&viewfull=1#post396602



:jazak:

so what is the proof for the niqab. what are these different proofs which seperate it from the ruling on the awrah?what is this seperate verse which is proof for the niqab?

I would geuinely like to know.

is it covered in the audio?

:jazak:

[Rahmaniyyah]

:salam:

You can see brother Abu Shaybas post here. It is more or less what Mufti Saab mentions for the niqab being wajib

http://www.sunniforum.com/forum/showthread.php?47917-Is-it-permissible-for-the-husband-to-see-his-wife-s-face-after-she-dies&p=396602&viewfull=1#post396602


Yes brother, my points are exactly the same. :jazak:

:ws:

[Rahmaniyyah]

so what is the proof for the niqab. what are these different proofs which seperate it from the ruling on the awrah?what is this seperate verse which is proof for the niqab?

I would geuinely like to know.

is it covered in the audio?

:jazak:

If you listen to the audio, can you post the relevant verses from which the obligation is being derived. I also would like to know which verses are being referred to.

:ws: