Thursday, October 17, 2013

Fathwa, - Could you tell me if one has to observe the hijab during labor? Does the same ruling apply ifthe do

Question:
Could you tell me if one has to observe the hijab during labor? Does
the same ruling apply if the doctor is a woman?
Answer:
Wa'alaikum assalaamu warahmatu Allah,
Firstly, a woman is required to be treated by a female Muslim, doctor,
if unavailable, then a female non-Muslim, then a male Muslim, then
finally, she may be treated by a non-Muslim male doctor. Therefore, if
the doctor is a Muslim woman, the woman need not observe the hijiab or
headcovering during labor, because the nakedness between Muslim women
in general (i.e. not specific to labor) is from between the navel and
knee.
A non-Muslim woman, in the Hanafi madhab is like a man, and therefore,
one would cover in front of her what she would cover in front of a man
- everything except face, hands and feet, and of course - that which
must necessarily be exposed during labor.
Nonetheless, there are opinions in the other school(s) that a
non-Muslim woman is like a Muslim woman which would not require one to
observe the headcovering in front of her. The latter indicates a
lesser degree of severity/emphasis on covering in front of non-Muslim
woman than the emphasis when the person is a man.
One should try to practice that which contains the highest etiquette
while keeping in mind that Allah does not try us with what is more
than we can bear, and that differences between the scholars are a
mercy when used scrupulously and with wisdom.
And Allah knows best.

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