In the name of Allah, the Most-Merciful, the All-Compassionate
"May the Peace and Blessings of Allah be Upon You"
Praise be to Allah, we seek His help and His forgiveness. We seek refuge with Allah from the evil of our own souls and from our bad deeds. Whomsoever Allah guides will never be led astray, and whomsoever Allah leaves astray, no one can guide. I bear witness that there is no god but Allah, and I bear witness that Muhammad is His slave and Messenger.
Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah
As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu
There is a golden rule in fiqh accepted by most scholars. In Ibadah (worship), anything that is taught by Prophet (PBUH) is Halal, and everything else is Haram. In other affairs, anything that is forbidden is Haram, and everyrthing else is halal. Fardh is something that is commanded by Allah or his Rasool.
Let’s look at Niqab or face coverings for women. Some Muslim women wear it, and some don’t.
There could be three cases here.
1- Niqab or face covering is fardh
2- Niqab or face covering is optional
3- Niqab or face covering is Haram
And say to the faithful women to lower their gazes, and to guard their private parts, and not to display their adornment except what is apparent of it, and to extend their headcoverings (khimars) to cover their bosoms (jaybs), and not to display their adornment except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers, or their brothers' sons, or their sisters' sons, or their womenfolk, or what their right hands rule (slaves), or the followers from the men who do not feel sexual desire, or the small children to whom the nakedness of women is not apparent, and not to strike their feet (on the ground) so as to make known what they hide of their adornments. And turn in repentance to Allah together, O you the faithful, in order that you are successful
(Al Nur 31)
Ikhtilaf about Niqab being fardh stems from two interpretation of this ayah. There are two interpretations. One from Ibn Masood, and another from Ibn Abbas, Ibn Umar, and other Sahaba.
‘Abdullah ibn ‘Abbas explained it by saying: “Except only that which is apparent means the face and hands”.
Abdullah Ibn Mas’aud said the meaning of “And not to show off their adornment except only that which is apparent” is “the clothes”.
People who argue that Niqab is fardh say that these two ahadith are contradictory, and hadith about Ibn Abbas is weak.
However, there is no evidence that these are contradictory. They both chose different things from a long list of things that this ayah refers to. Following are some other items from the list.
The first: that it is the clothing. Abul-Ahwas narrated it from Ibn Mas'ud, and in another wording he said: it is the loose outer garment.
The second: that it is the hands, the rings and the face.
The third: kuhl (eyeshadow) and rings. Sa'id b. Jubayr narrated both from Ibn 'Abbas.
The fourth: the two types of bracelet, which are bracelets and rings, and kuhl. This was said by al-Miswar b. Makhramah.
The fifth: kuhl, rings and die. This was said by Mujahid.
The sixth: rings and bracelets. This was said by al-Hasan.
The seventh: the face and hands. This was said by al-Dahhak.
The second: that it is the hands, the rings and the face.
The third: kuhl (eyeshadow) and rings. Sa'id b. Jubayr narrated both from Ibn 'Abbas.
The fourth: the two types of bracelet, which are bracelets and rings, and kuhl. This was said by al-Miswar b. Makhramah.
The fifth: kuhl, rings and die. This was said by Mujahid.
The sixth: rings and bracelets. This was said by al-Hasan.
The seventh: the face and hands. This was said by al-Dahhak.
If someone pays attention to the words in Quran in question, they are providing exception to the rule to cover, and it doesn’t have to be one thing, and could be multiple things that are natural to be exposed after due diligence.
(O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks all over their bodies. That will be better, that they should be known, so as not to be annoyed) [33:59]
They also point to above ayah as a proof that Niqab is fardh.
1. The interpretation of al-idnaa’ in the verse of the Jilbaab to mean “covering the face”.
This misinterpretation is contrary to the basic meaning of the word in Arabic which is “to come close”, as is mentioned in authoritative dictionaries like al-Mufradaat by the well-known scholar, ar-Raaghib al-Asbahaanee. However, there is sufficient evidence in the interpretation of the leading commentator on the Quran, Ibn ‘Abbaas, who explained the verse saying, “She should bring the jilbaab close to her face without covering it.” It should be noted that none of the narrations used as evidence to contradict this interpretation are authentic.
2. The interpretation of jilbaab as “a garment which covers the face.”
Like the previous misinterpretation, this interpretation has no basis linguistically. It is contrary to the interpretation of the leading scholars, past and present, who define the jilbaab as a garment which women drape over their head scarves (khimaar). Even Shaykh at-Tuwaijree himself narrated this interpretation from Ibn Mas‘ood and other Salafee scholars. Al-Baghawee mentioned it as the correct interpretation in his Tafseer (vol. 3, p. 518) saying, “It is the garment which a woman covers herself with worn above the dress (dir ‘) and the headscarf.” Ibn Hazm also said, “The jilbaab in the Arabic language in which the Messenger of Allaah ( ) spoke to us is what covers the whole body and not just a part of it.” (vol. 3, p. 217). Al-Qurtubee declared this correct in his Tafseer and Ibn Katheer said, “It is the cloak worn above the headscarf.” (vol. 3, p. 518)
Like the previous misinterpretation, this interpretation has no basis linguistically. It is contrary to the interpretation of the leading scholars, past and present, who define the jilbaab as a garment which women drape over their head scarves (khimaar). Even Shaykh at-Tuwaijree himself narrated this interpretation from Ibn Mas‘ood and other Salafee scholars. Al-Baghawee mentioned it as the correct interpretation in his Tafseer (vol. 3, p. 518) saying, “It is the garment which a woman covers herself with worn above the dress (dir ‘) and the headscarf.” Ibn Hazm also said, “The jilbaab in the Arabic language in which the Messenger of Allaah ( ) spoke to us is what covers the whole body and not just a part of it.” (vol. 3, p. 217). Al-Qurtubee declared this correct in his Tafseer and Ibn Katheer said, “It is the cloak worn above the headscarf.” (vol. 3, p. 518)
3. The claim that the khimaar (headscarf) covers the head and the face.
In doing so “the face” has been arbitrarily added to its meaning in order to make the verse:
"Let them drape their headscarves over their busoms"
appear to be in their favor, when, in fact it is not. The word khimaar linguistically means only a head covering. Whenever it is mentioned in general terms, this is what is intended. For example in the hadeeths on wiping (mas-h) on the khimaar and the prophetic statement, “The salaah of a woman past puberty will not be accepted without a khimaar.” This hadeeth confirms the invalidity of their misinterpretation, because not even the extremists themselves – much less the scholars – use it as evidence that the covering of a woman’s face in salaah is a condition for its validity. They only use it as proof for covering the head.
In doing so “the face” has been arbitrarily added to its meaning in order to make the verse:
"Let them drape their headscarves over their busoms"
appear to be in their favor, when, in fact it is not. The word khimaar linguistically means only a head covering. Whenever it is mentioned in general terms, this is what is intended. For example in the hadeeths on wiping (mas-h) on the khimaar and the prophetic statement, “The salaah of a woman past puberty will not be accepted without a khimaar.” This hadeeth confirms the invalidity of their misinterpretation, because not even the extremists themselves – much less the scholars – use it as evidence that the covering of a woman’s face in salaah is a condition for its validity. They only use it as proof for covering the head.
Furthermore, their interpretation of the verse of the Qawaa
"to remove their clothing"
to mean “jilbaab” further confirms it. They hold that it is permissible for old women to appear before marriagealbe males in her headscarf with her face exposed. One of their noteable scholars openly stated that. As for Shaykh at-Tuwaijree, he implied it without actually saying it.
After checking the opinions of the early and later scholars in all the specializations, I found that they unanimously hold that the khimaar is a head covering. I have mentioned the names of more than twenty scholars, among them some of the great Imaams and hadeeth scholars. For example, Abul-Waleed al-Baajee (d. 474 AH) who further added in his explanation, “Nothing should be seen of her besides the circle of her face.”
Also, if Niqab was fardh, why would men were commanded to lower their gaze, as there would be nothing to see.
"to remove their clothing"
to mean “jilbaab” further confirms it. They hold that it is permissible for old women to appear before marriagealbe males in her headscarf with her face exposed. One of their noteable scholars openly stated that. As for Shaykh at-Tuwaijree, he implied it without actually saying it.
After checking the opinions of the early and later scholars in all the specializations, I found that they unanimously hold that the khimaar is a head covering. I have mentioned the names of more than twenty scholars, among them some of the great Imaams and hadeeth scholars. For example, Abul-Waleed al-Baajee (d. 474 AH) who further added in his explanation, “Nothing should be seen of her besides the circle of her face.”
Also, if Niqab was fardh, why would men were commanded to lower their gaze, as there would be nothing to see.
So, this proves that Niqab is NOT Fardh.
If the Niqab is not fardh, and if Niqab is not forbidden, then it falls into the category of optional. However, first we have to see if it is permissible.
Niqab during Salah is Haram:
It is widely agreed upon that Niqab is not allowed during Salah.
Darul Iftaa - A Comprehensive Guide to a Woman's Awra
In the section on Awra inside Salat, he says:
"...Therefore, a woman must cover herself properly when performing Salat. Everything besides the face, hands and feet must be covered. The face must be covered properly so that no hair is exposed. Also, care should be taken that no part from above the wrists and ankles is exposed.
It must be remembered that the Awra whilst performing Salat must be covered regardless of another person being present or otherwise, and regardless of whether one is performing Salat in dark or light. (Maraqi al-Falah, 210)"
Niqab during the Hajj:
Following hadith clearly states that Niqab is Haram during Hajj.
The Prophet (saaws) commanded: "A woman (pilgrim) does not cover her face with a Niqaab (i.e. does not tie or affix) nor should she wear gloves." [Al-Bukharee;Muslim; Sahih Abi Dawud #1600; authenticated by Al-Albaanee].
Durin Salah, man and women are required to cover their body more strictly than usual, as they are standing in front of Allah. If Niqab is Haram during that time, what makes it Halal in other activities?
What Did Prophet said about Niqab?:
"Ayesha (rad.i-Allahu `anha) reported that Asma’ the daughter of Abu Bakr (rad.i-Allahu `anhu) came to the Messenger of Allah while wearing thin clothing. He approached her and said: 'O Asma’! When a girl reaches the menstrual age, it is not proper that anything should remain exposed except this and this. He pointed to the face and hands." [Abu Dawud]
Commands from Allah and his Rasool’s are decrees that cannot be explained away. In the above hadith he clearly commands women to hide everything except face and hand.
Now, if Rasool doesn’t see Niqab necessary for women, what inspired the Muslim scholars to decree that it is sunnah to wear niqab. Do they have more knowledge then our Prophet (PBUH) did? Are these women more pious then what our Prophet expects them to be.
If a woman wears Niqab for fashion, it is permissible, but it is not likely that women would do that.
If a woman wears Niqab for Allah, it becomes Ibadah, and any innovation in Ibadah is Haram. If we can prove that it was never taught.
However, there is some evidence that women in Medina wore Niqab, and Rasool (PBUH) did not forbid it explicitly. We will leave it at that Wallah-u-Alam (and Allah knows).
Conclusion is that if someone says that Niqab is Fardh or Wajib, that person is certainly mis-guided, because there is no evidence of that. Common sense should prevail in this.
We should not make it compulsory for our women to wear Niqab. Islam has been made easy for us, which includes women.
May Allah give us strength to follow Islam completely,
Adnan Jumani
A Muslim and nothing more.
References:
http://www.muhajabah.com/docstorage/zena.htm
http://www.tafsir.com/default.asp?sid=24&tid=35857
http://www.lakii.com/lakiibooks.php?doWhat=showarticle&topicid=5&articleid=86
http://www.islamicweb.com/beliefs/women/albani_niqab.htm
http://www.angelfire.com/ma/AdhaanulMuminaat/niqab.html
http://www.muhajabah.com/niqab-index.htm
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