Fathwa, - A Reader on the Muslim Veil (Hijab-Niqab)

Question:
A Reader on the Muslim Veil (Hijab-Niqab)
Answer:
As-Salamu `alaykum,
Below are some new questions and answers on the topics of the female
veil/face-veil/body-veil (hijab/niqab/jilbab) in Islam and some old
ones.
Even non-Muslim Western cultures have at least some idea of the
concept. A Catholic Englishwoman wrote recently (Jan 2003) in the UK
Daily Telegraph:
"in the Christian tradition, St Paul ordered women to cover their
heads and, until the Sixties, no woman would be seen in an English
church without a hat and gloves."
In the Middle East it probably took until the Eighties for
church-going ladies to doff their covers.
As for the French war against the hijab it stems from their being
prone to self-contradiction, one time they say Vive la Difference and
overthrow their kings on pretext of human liberties; another time they
ban girls and women from dressing modestly because their president
fears "Communautarisme" [compartmentalization of society into ethnic
or religious communities] but in reality is after the votes of the Far
Right and could not care less: his law will precisely increase
communotarism and send Muslims to private madrasas en masse--at least
those that can afford it. Good thinking, Monsieur Chirac.
Well, look at the most successful Islamo-communotary society in
Europe: the United Kingdom. But France has been, is and may always be
behind the Anglo-Saxon world.
Hajj Gibril
--
Wa `alaykum as-Salam wa rahmatullah:
I am a Muslim girl. But in my family no one wears scarf except some
old women. I love to wear it because I think we have to, but when I
wear it I feel different from my other girls who are same age as me.
Once I did wear it for approximately 3 months but because I did not
have enough confidence I stopped wearing it. (I mean people used to
ask me why I wear it and I did not have enough knowledge to answer
them)
I did not wear it for less than 1 year but recently I started wearing
it again. I want to know that is it an obligation to wear a head
scarf?
Yes, dear Sister, it is an obligation for a girl after puberty to
cover everything except the face and hands according to the command of
Allah Most High:
{...And say to the believing women that they should lower their gaze
and guard their modesty; that they should not display their beauty and
adornments except what (must ordinarily) appear thereof; that they
should draw their head veils over their bosoms and not display their
beauty except to their husbands, their fathers...} (24:30-31),
Also,
{O Prophet! Tell your wives and daughters and the believing women that
they should cast their outer garments over their persons...that they
should be known and not molested} (33:59).
The Holy Prophet said, upon him blessings and peace:
"...If the woman reaches the age of puberty, no part of her body
should be seen but this and this" --- and he pointed to his face and
hands.
And our Mother `A'isha, Allah be pleased with her, said:
"When a girl reaches puberty she must cover whatever her mother and
grandmother must cover."
`A'isha also said: "By Allah, I never saw any women better than the
women of the Ansar (i.e. the women of Madina) or stronger in their
confirmation of Allah's Book! When Surat al-Nur was revealed -- {and
to draw their 'khumur' over their bosoms} (24:31) -- their men went
back to them reciting to them what Allah had revealed to them in that
[sura or verse], each man reciting it to his wife, daughter, sister,
and relative. Not one woman among them remained except she got up on
the spot, tore up her waist-wrap and covered herself from head-to-toe
(i`jtajarat) with it. They prayed the very next dawn prayer covered
from head to toe (mu`tajirat)."
And Fatima, the daughter of the Prophet, upon him and her peace,
ensured that even in her funeral the shape of her body remained unseen
by strange eyes!
Allah be well-pleased with the women of the Ansar and the Muhajirin.
You may also face some questions which you can answer this way:
Q: Is Islamic dress appropriate for modern times?A: Islamic dress is
modern and practical. Muslim women wearing Islamic dress work and
study without any problems or constraints.
Q: Does Islamic dress imply that women are submissive or inferior to men?
A: Islamic dress is one of many rights granted to Islamic women.
Modest clothing is worn in obedience to our Creator and has nothing to
do with submission to men. Muslim men and women have similar rights
and obligations and both submit to Allah.
Q: But aren't there Muslim women who do not wear the head cover, hijab?
A: Some Muslim women choose not to wear hijab. Some may want to wear
it but believe they cannot get a job or go to school wearing a head
scarf. Others may not be aware of the requirement or are under the
mistaken impression that wearing hijab is an indication of inferior
status.
In his wonderful essay "Islam, Irigaray, and the Retrieval of Gender,"
one of our major thinkers, Abdal Hakim Murad wrote:
"[T]he feminine dress code, known as hijab, forms a largely passive
text available for a range of readings. For some Western feminist
missionaries to Muslim lands, it is a symbol of patriarchy and of
woman's demure submission. For Muslim women, it proclaims their
identity: many very secular women who demonstrated against the Shah in
the 1970s wore it for this reason, as an almost aggressive flag of
defiance. Franz Fanon reflected on a similar phenomenon among Algerian
women protesting against French rule in the 1950s. For still other
women, however, such as the Egyptian thinker Safinaz Kazim, the hijab
is to be reconstrued as a quasi-feminist statement. A woman who
exposes her charms in public is vulnerable to what might be described
as 'visual theft', so that men unknown to her can enjoy her visually
without her consent. By covering herself, she regains her ability to
present herself as a physical being only to her family and sorority.
This view of hijab, as a kind of moral raincoat particularly useful
under the inclement climate of modernity, allows a vision of Islamic
woman as liberated, not from tradition and meaning, but from
ostentation and from subjection to random visual rape by men. The
feminist objection to the patriarchal adornment or denuding of women,
namely that it reduces them to the status of vulnerable, passive
objects of the male regard, makes no headway against the hijab,
responsibly understood."
Hajj Gibril
--
Wa `alaykum as-Salam wa rahmatullah wabarakatuh:
I have decided to wear niqab and I started to wear it to Islamic
functions, and slowly out in the public. I feel I am ready to wear it
now to school ( I go to a two year college) however I came across a
book that plainly stated that it is not compulsory for a woman to
cover her face. I really want to, but I feel shaytaan is getting to
me, so I am asking you why I should wear it, and am I getting good
deeds for doing it, did the prophets wives really do it, I just don't
understand it but I feel that it is very good. Is it Islamic... please
help.
The niqab type of hijab is not compulsory generally speaking but it
can be compulsory specifically speaking. If fitna is feared wherever
one goes because of unwanted attention then the right decision is to
wear it. In such a case it is definitely piety and taqwa. Imam Ibn
al-Qayyim spoke of five different types of jihad:
1. Jihad al-nafs (jihad against one's lower self) 2. Jihad al-shaitan
(jihad against shaitan) 3. Jihad al-fasiqeen (jihad against
wrongdoers) 4. Jihad al-kuffar (jihad against unbelievers) 5. Jihad
al-munafiqeen (jihad against hypocrites)
An American brother commented on the above on the MSA forum in 1995:
"Does any man think that he fights his ego better than women?
Though it is fard for women to cover themselves, show me one
practicing Muslim woman who is not only fighting her ego, but [also]
practicing all 5 of the jihads mentioned above, by wearing her hijab
in public. That is because everyone hates that, including shaitan,
nafs, the fasiqeen, the kuffar and the munafiqeen. She is like the
mujahid waving the flag of Islam high in the land of non-believers, in
the land of shaitans and evil-doers. And though the shari'ah is not so
strict asking men to wear Islamic clothes, nonetheless, in doing so,
the women are doing a big and difficult jihad, better than men who
have never fought, though the women have not fired one bullet! May
Allah bless them and strengthen their himmah." Amin.
Hajj Gibril
--
ADDITIONAL MATERIAL
Below are some previous replies on the same topics of hijab, niqab, and jilbab.
--
Subject: Re: Hijab readiness
I am 13 years old, my dad insists that I wear my hijab to school and
commit to it but I don't feel ready yet. I feel when you start wearing
it you never take it off to attend anywhere etc. only around immediate
family members and I am not quite ready for that commitment. What
should I do?
There may be a spiritual readiness you feel is missing from the
picture of yourself wearing hijab at this point but you are physically
ready enough by virtue of being a Muslima of age. This is what your
father's insistence reflects, not the hidden aspects of your
personality. What matters right now is to continue to meet the basic
requirements of the Shari`a that apply to your situation, age, sex
etc. just like having to pray Salat even when one does not feel like
it. One has a lifetime, in sha' Allah, to work on strengthening
readiness and commitment.
Hajj Gibril
--
Wearing Jilbab & Upset Parent
I tried searching for this topic in the old folders but couldn't find
anything. In Hanafi fiqh wearing Jilbab is required or an optional?
What if someone wants to wear jilbab but the mother is not happy with
the decision but the father is ok with the decision? The entire
purpose of wearing jilbab is to protect one's beauty and the
non-mahrams should not see your shape can one wear different colors of
jilbabs or one should stick with black?
Walaikum assalam,
There are levels of optimality in women's dress.
1. The "jilbab" as we have it today is not recommended in itself, but
because it is a means to fulfill the obligation of covering one's
nakedness with loose clothing that does not define the shape of the
body. Other clothing can fulfill this, too, as the scholars explain.
2. Use wisdom with regards to your parents. It is not strictly
speaking obligatory to obey your parents regarding a matter like this.
However, it remains unconditionally obligatory to be good to them. If
this is possible for you while wearing a jilbab, then wear it. If it
will lead to arguing, fighting, and so on, assess the situation. (See
attached answers.)
3. As for colours, I asked Sayyidi Shaykh Mahmoud Usmani, a brilliant
Hanafi faqih and man of taqwa and wisdom. He said that there are no
colours that a woman is expected to wear or colours she must avoid.
What is important is that she not dress in a way that attracts undue
attention (that would not be attracted if she dressed, Islamically,
otherwise). Sober colours are, therefore, better.
And Allah alone gives success.
Walaikum assalam,
Faraz Rabbani.
--
This post contains replies to three different questions sent over May
and June, 2003 on the legal issue of the face-veil or niqaab with
special focus on the Shafi`i School.
FIRST QUESTION
I have noticed from reading the Reliance of the Traveler and other
Shafi'i fiqh references that the relied upon position of the Shafi'i
madhab with regard to niqab is obligation. It seems to be required for
women to cover their hands and face. For the most part, this isn't
practised in Malaysia and I was wondering if there were acceptable
alternative opinions within the madhab that allow the more lenient
position (of exposing the hands and the face) to be followed (which to
my knowledge is the relied upon position of the Malikis).
The Shafi`i Madhhab has differentiated, with regard to face-veil
(niqab) and covering the hands in public, between it being a qualified
order (amr) connected with self-respect (muru'a) rather than an
obligation in itself (wajib), however, the conclusive position seems
indeed to be the latter as you said. Al-Shirbini said in Mughni
al-Muhtaj: "The obvious meaning of the words of the Two Shaykhs
[Nawawi and Rafi`i] is that covering (satr) is obligatory in itself
(wajib li-dhatih)."
Yet the Madhhab *allows* exposing the hands and face if there is no
fear of enticement (fitna), especially in trading, witnessing,
engagement and marriage, and other transactions, as they are NOT part
of nakedness (`awra), and *commands* it in Hajj, although some have
deduced that in the context of prohibited gazes they ARE, as related
from al-Subki by al-Shirbini and favored by Dr. Sa`id al-Buti in his
book Ila Kulli Fatatin Tu'minu bilLah ("To Every Young Woman That
Believes in Allah").
A Permissive Ruling?
--------------------
Some cite al-Haytami's assertion in al-Fatawa al-Kubra (1:199): "The
sum of our [Shafi`i] Madhhab is that Imam al-Haramayn [Ibn al-Juwayni]
related consensus (ijma`) over the permissibility for women to go out
bare-faced but men must lower their gazes."
In Hashiyat Sharh al-Idah fi Manasik al-Hajj (p. 276) al-Haytami
repeats this ruling but adds: "This is not contradicted by the
consensus over her being commanded to cover her face. The fact that
she is commanded to do so for the general welfare does not presuppose
its obligatoriness." And (p. 178): "Her need to cover her face stems
only from her fear that someone's gaze might lead to a sexual
impropriety (fitna), even if we say that it is not obligatory (wajib)
for her to cover her face in the public thoroughfares as we have
determined elsewhere."
This is similar to Qadi `Iyad al-Maliki's assertion of "Consensus
(Ijma`) that it is not obligatory for her to cover her face while
walking down her street but it is a sunna, and that it is obligatory
for men to lower their gaze." The Shafi`is cite this ruling and the
Yemeni Shaykh Jamal al-Din Muhammad ibn `Abd Al-Rahman ibn Hasan ibn
`Abd al-Bari al-Ahdal (1277-1352) even recommends it in his book
`Umdat al-Mufti wal-Mustafti (3:90-91), an abridgment of a collection
of books of fatawa which is of great significance given the lateness
of the author. He apparently ignored al-Shirbini's comment in the
Mughni: "The statement of the Qadi [`Iyad] is weak."
The Likelier Ruling
-------------------
At the same time, al-Nawawi in al-Rawda and al-Shirbini in al-Iqna`
and Mughni al-Muhtaj both report that Imam al-Haramayn clearly
stipulated that the stranger's gaze to a woman's face is forbidden
(haram) whether or not there is fear of fitna [short of a valid excuse
in the Law such as one of the transactions mentioned] and that "women
are therefore forbidden to leave the house barefaced (saafiraat), by
agreement of the [law-abiding and knowledgeable] Muslims... since it
is more appropriate and decorous in the Law to block the avenue of
enticement."
The latter ruling takes precedence in the Shafi`i School just as
al-Nawawi (especially al-Rawda) takes precedence over al-Haytami.
Furthermore, al-Haytami's Fatawa and Sharh al-Idah come last even in
the hierarchy of his own books[;] one would have to adduce his Tuhfat
al-Muhtaj which is more authoritative, but not more so than the Rawda.
It remains to double-check Imam al-Haramayn's actual statement about
consensus; however, none of his works is actually authoritative in the
Madhhab by itself.
Malay Practice
--------------
The continuous habitual exposure we see in SE Asia suggests either one
of two scenarios: [1] laxity that stems from custom and culture
without grounding or justification in the Madhhab. The proof of this
is that SE Asian Islam was originally brought by the Hadramis, who are
not nearly so liberal, al-Ahdal being unrepresentative. There are also
Tariqa and other groups in Malaysia that use niqab and have become
notorious for doing so, since they are perceived as a protest or a
rebellion, which confirms that its neglect in those parts stems from
culture rather than religion.
Or [2] South-East Asian Muslimas do not feel the need to cover their
faces because they do not fear that someone's gaze might lead to
sexual impropriety, and this was known by the Hadrami Masters,
therefore they did not insist on it, especially in light of the
apparent permissiveness of the view from Imam al-Haytami's perspective
and because the Hadramis are known to rely heavily on the latter
(rather than on al-Nawawi and al-Rafi`i as do all other Shafi`is.)
One could surmise the situation is closer to the first scenario as
illustrated by the following conversation in Brunei between a local
Fiqh teacher and a traveller:
Traveller: Is it not the custom for Muslim males in Brunei to dye
their hands with henna in their nikah celebration?
Fiqh Teacher: Yes.
Traveller: But is it not expressly forbidden in the Shafi`i Madhhab -
the state Madhhab and that of the entire Malay population - as a haram
practice for men unless in case of medical necessity?
Fiqh Teacher: Yes.
Traveller: Does anything explain this contradiction between the
people's custom and the Fiqh they say they follow?
Fiqh Teacher: No.
However, in the West (and perhaps even the South East) it is evident
that the niqab would cause fitna rather than pre-empt it. Therefore,
as Shaykh Muhammad al-Ghazali said, it should not be used there
(whether by Shafi`iyyas or Muslimas of the other three Schools). The
hijab is enough. However, when the hijab can be worn without danger to
one's person or honor or property, then it is corruption (fisq) or
dissimulation of unbelief (nifaq) to go on not wearing it, or to wear
a false version of it such as a head-scarf that leaves the throat and
neck bare with a cute tuft of hair visible here and there. It should
be sufficient warning to such a person that the Salat she prays in
that garb is invalid and Allah knows best.
SECOND QUESTION
After a small discussion with some of my brothers I needed to research
more the question of women and the face veil. Please can you clarify
for me with text from our pious salaf the traditional viewpoint? I am
under the impression there is a difference of opinion. Please help as
this issue needs to be clarified as there is confusion from what legal
category it is in.
There is a difference of opinion that hinges upon the interpretation
of the exceptive "that which is apparent" in the verse {tell the
believing women to lower their gaze and be modest and to display of
their adornment only that which is apparent} (24:31). It is narrated
from Ibn `Abbas that it means the face and hands, and a group of the
Salaf followed that interpretation. Ibn Kathir says it is that of the
massive majority (Jumhur).
This interpretation of the verse is the proof adduced in the Shafi`i
Madhhab that the woman's face and hands are not part of nakedness
(`awra) as cited before.
Ibn `Abbas's position is also related from `A'isha but more authentic
is the report that even in Hajj ihram she would cover her face from
strangers along with the other wives of the Prophet, upon him and our
mothers peace. Meaning: out of fear of fitna. (Similarly stringent was
the fatwa of Fatima, upon her peace, that a good woman is to remain
invisible to strange men and they to her.)
It is also narrated from Ibn Mas`ud that it means the outward dress
and jewelry, while the face and hands are to remain invisible. Another
group followed that.
Even from Ibn `Abbas it is related that he explained the verse {O
Prophet! Tell thy wives and thy daughters and the women of the
believers to draw their cloaks close round them (when they go abroad)}
(33:59) thus: "Allah has ordered the women of the believers, when they
go out of their houses for some need, to cover up their faces [by
dropping a veil] from above their heads with the jilbaab and show one
eye."
As for the legal category of the face-veil, it hinges on the aforesaid
difference of opinion but the latter disappears in case of fear of
enticement. Thus you have [1] the ruling of sunna or desirability of
covering the face without obligation, which is preponderant in three
of the Schools; [2] the obligation of covering the face in all the
Schools in case of fear of sexual enticement; and the severest view,
[3] the need to cover the face to prevent a stranger's gaze even
without fear of enticement, especially in urban settings. The latter
is practiced, typically, in a traditional
Shafi`i-Hanafi-Hanbali-Maliki Arab Muslim environment[*] but not in
Africa, the Subcontinent, nor South East Asia, not to mention the
West. Allah knows best.
[*] [corr.: "in traditional Shafi`i-Hanafi-Hanbali-Maliki Arab Muslim
environments]
THIRD QUESTION
I'm in need of your help concerning the 'awrah of women outside salat
according to Shafi'ee madhab with all its full references. For your
information I am wearing Niqab (and shafi'eeya) and a lot of people in
my place mock me and calling me names. I just need the exact
references in saying that it is a must for Muslim woman to cover her
face (and hands) outside salat. I would appreciate if you could help
me in this matter.
In the Shafi`i Madhhab the nakedness (`awra) of a woman consists of
the whole body except the face and hands.
It is important to note that the definition of "what must be covered"
sometimes differs from the definition of `awra and sometimes is
identical with it. The `awra of woman is everything except hands and
face; "what must be covered" depends on the following contexts:
1. Among male strangers: her whole body including face and hands even
though they are NOT `awra but "an avenue of enticement" (mazinnat
al-fitna). Yet she may uncover her face in transactions such as buying
and selling, marriage engagement, and others, in which she needs to be
recognized.
2. Among non-marriageables and in her seclusion: everything between
the navel and the knees [unless enticement is feared before male
non-marriageables].
3. Among non-Muslim women: everything that does not show during
(physical) work i.e. other than face, neck, ankles, forearms.
4. In Salat [and Ihram]: her whole body except face and hands - both
sides - unless enticement is feared, then she may cover her face. The
obligation to uncover in Pilgrimage comes as a shock and burden to
countless Muslim women who never stepped out of their houses barefaced
in their lives. This is one of the Divine tests and Allah knows best.
Sources:
Rawdat al-Talibin 1:283, 7:21. Muhadhdhab 1:64. Wasit 2:175, 5:32.
Majmu` 3:170. Hashiyat al-Bujayrami 1:235, 2:148. I`anat al-Talibin
1:113, 2:322. Shirbini, Iqna` 1:124, 2:403-404. Shirbini, Mughni
al-Muhtaj 3:129. Nihayat al-Zayn p. 47. Fath al-Mu`in 3:263. Reliance
of the Traveller and Muqaddima Hadramiyya, Book of Salat, chapter on
the conditions of Salat, "Covering Nakedness." Haytami, al-Minhaj
al-Qawim p. 215-216. Shaykh al-Islam, Sharh Rawd al-Talib and its
Hashiya by al-Ramli 1:176.
Hajj Gibril
--
The anti-veil side in France says that the veil of schoolgirls is a
violation of the law prohibiting the display of religious symbols in
public schools.
Those that defend it invoke the right of free speech and the right to
exercise one's religion freely without harm to others as stated in the
Declaration des Droits de l'Homme.
Briefly engaging some of the debaters at the French Religion forum
showed they themselves were oblivious to the fact that a
self-respecting French woman never left the house bareheaded from the
Middle Ages to the middle of the twentieth century. The French debate
about public school hijab raged as far back as 1990.
Perhaps, countries where religion is historically or philosophically
formulated as separate from the res publica would nevertheless be
prepared to debate the argument that the veil is ultimately a garment
of privacy, conscience, decency, or sexual hygiene from a "humanist"
perspective rather than a purely religious symbol perceived as
in-your-face proselytism; or that it is not so much a symbol of Islam,
as far as they are concerned, as a symbol of tradition.
Similar recent cases: [1] the prohibition of prayer in American public
schools, lest every sect under the sun proceed to demand ITS minute of
piety and impose it on the rest of the school population, including
sons and daughters of witches, Satanists....
[2] Prohibition of the veil in public schools in Singapore recently
challenged by parents of underage girls or girls whose own Muslim
mothers have long doffed the veil. It seems the parents themselves
were "challenged" in those two cases!
[3] Prohibition of the veil in Turkey, the meanest, extremist example
of the separation of church and state under the sun today.
Hajj Gibril
--
Article: The Observations of the Muslimah wearing Hijab
It has been my personal observation that some Muslim girls and women
do not realize the significance of hijab. Hijab is Arabic for
protection and cover. Some people put a lot effort into their hijab,
yet it serves no purpose. I am referring to the pointless hijab that
some girls wear.
The first pointless hijab is referred to as the headband hijab. It is
a band of fabric approximately 4 inches wide. It covers the back of
the head and allows all the hair to be exposed. It doesn't serve much
in terms of modesty, but at least it comes in handy in case of an
unexpected tennis match.
The second pointless hijab is the dupetta, also known as the Saran
wrap hijab. It covers all the hair, but it is totally transparent.
Again it doesn't serve much in terms of modesty, but it keeps the hair
nice and fresh.
The third type of hijab is known as the Mickey Mouse Hijab. It is when
a girl wears a black scarf and tucks it behind her ear, so that her
ears stick out.
-We now move to my favorites: - The yo-yo hijabs. The first yo-yo
hijab, also known as the Benazir Bhutto hijab, is the scarf that keeps
falling down and needs to be constantly pulled back up....up, down,
up, down, just like a yo-yo.
The second yo-yo hijab is also referred to as the convertible hijab.
This type of hijab is predominant at any type of social event, i.e. an
Aqeeqah, Bismillah party, Ameen party, wedding, etc. This is when an
Imam or Qari comes up to the microphone and starts to recite Qur'an.
At this point, all the convertible hijabs come up...until he says
"Sadaqallahul atheem". I'm not sure, but apparently in some cultures
that translates to "ok sisters, you may now take off your scarves".
I'm sure this may seem odd, but what's even funnier is when people do
not anticipate the recitation of Qur'an at a social event, and are
forced to be creative and use accessories such as a purse to cover
one's hair. I was surprised to see a women hold her purse over her
head as "hijab"...as if the multitudes of men surrounding her are not
a good enough reason to wear hijab, but some guy reciting du'aa
compels her to hold a purse over her head. Her friends were more
creative...one friend used her dinner napkin. I was also laughing when
I saw the communal hijab -- two or more girls draped under one dinner
napkin during the recitation of Qur'an. Her other friend was still
more creative. She used her coffee saucer on the back of her head. I
wasn't sure if it was hijab or a yamaka.....
And, people should remember that hijab is not just a protection from
guys, but from a girl's nafs (ego) as well. It should prevent girls
from having to spend hours in front of the mirror doing her hair. But,
unfortunately, you see girls in front of the mirror for hours doing
their hijab as they would do their hair, with all sorts of elaborate
braids and the like. I wanted to go up to a sister and say "Is your
hijab naturally curly?� I also felt compelled to go up to another girl
and say "pardon me, but is your hijab naturally that color, or did you
dye it?"
Well, the point to remember is that some people make an effort to wear
hijab, but it is futile, because it is not fulfilling its purpose.
It's like using an umbrella with holes in it. Hijab is used for
protection from guys as well as from the girl herself, and should not
be used as an accessory or for beautifying one's self.