Sunday, August 26, 2012

5a] Our attitude towards the differences of opinion among the imams with regard to covering the face

5a]
The one who does not have any knowledge should ask the scholars, because Allaah says (interpretation of the meaning): “So ask of those who know the Scripture, if you know not” [al-Nahl 16:43]. He should ask one who he thinks has more knowledge and is more religiously committed, butthat does not mean that doing so obligatory, because the one who is better may make a mistake with regard to a particular issue, and the one who is regarded as less knowledgeable may be right with regard to it. But priority should be given to following the one who is more knowledgeable and more religiously committed.
See also the answers to questions no. 8294 and 10645 .
Thirdly:
If you ask about our view on the issue of covering the face, the most correct scholarly view in our opinion is that it is obligatory to cover the face in front of non-mahram men. There is a great deal of evidenceand scholarly views concerning that, as among the Maalikis. Many of them said that it is not permissible for a woman to uncover her face in front of non-mahram men, not because it is ‘awrah but because uncovering it runs the riskof fitnah. But some of them think that it is ‘awrah. Hence women, in their view, are forbidden to go out in front of non-mahram men with their faces uncovered.
Allaah says (interpretationof the meaning):
“And when you ask (his wives) for anything you want, ask them from behind a screen”
[al-Ahzaab 33:53]
al-Qaadi Abu Bakr ibn al-‘Arabi al-Maaliki (may Allaah have mercy on him) said:
The entire woman is ‘awrah, her body and her voice, so it is not permissible to uncover that except in cases of necessity, such as when testimony is given againsther, or medical treatment,or asking her about her health issues. End quote.
Ahkaam al-Qur’aan by Ibnal-‘Arabi (3/1578, 1579).
Al-Qurtubi (may Allaah have mercy on him), who is also Maaliki, said:
This verse indicates that Allaah has given permission to ask of themfrom behind a screen if there is some need, or when they ask a question about something. That includes all women. Because it is a basic shar’i principle that the entire woman is ‘awrah, her body and her voice – as stated above –it is not permissible to uncover that except in cases of necessity such as when testimony is given againsther, or medical treatment,or asking her about her health issues. End quote.
In al-Jaami’ li Ahkaam al-Qur’aan (14/227) it says:
For more information on the views of Maaliki fuqaha’ concerning the obligation for women to cover their faces, see: al-Ma’yaar al-Mu’arrab by al-Wanshireesi (10/165 and 11/226 and 229), Mawaahib al-Jaleel by al-Hattaab (3/141), al-Dhakheerah by al-Quraafi (3/307) and Haashiyat al-Dasooqi ‘ala al-Sharh al-Kabeer (2/55).
We have discussed this issue and its evidence in more than one answer onthis site. Please see the answers to questions no. 11774 , 12525 , 13998 , 21134 and 21536 .
Fourthly:
With regard to what you mention about the laws in your country forbiddingwomen to cover their faces, that is something that makes us feel very sad, to hear that covering and chastity are being opposed and wanton display and unveiling are being encouraged everywhere, especially when that happens in a country that is supposed to be Muslim.
If the laws forbid women to cover, and you fear persecution because of covering your faces, then there is no sin on you if you do not do it in that case, so long as that is based on necessity. So a woman should not go outof her house with her faceuncovered except in cases of necessity. If she can break the law and put up with a little bit of hassle, let her do so for there is no obedience to any created being if it involvesdisobedience towards the Creator.

And Allaah knows best./ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en

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