Important Rules Pertaining To The Hijab & Social Behaviour Of Muslim Women

FIQH: AHLUS SUNNAH WAL JAMA'AH - TRADITIONAL SHAFI'I SCHOOL OF JURISPRUDENCE


Rulings Pertaining To Looking at Members of the Opposite Sex

It is Unlawful for a man to look at a woman who is not his wife or who is not one of his unmarriageable kin i.e. Muhrim. It is important to understand that in this Shari'i ruling - there is no difference between the face and hands or some other part of a woman if it is uncovered - the cover of which fulfills the injunction of Hijab in Islam. Not just mere tight or seethrough clothing which is Unlawful.


Her Voice

It is important to be aware that the Aurat of a woman generally does not include her voice. However, her voice will only become permissible to listen to under the condition that there is no likelihood of temptation. Temptation here refers to anything that would result - gradually or immediately in sexual intercourse, or its usual preliminaries.


Her Face

Allah SWT mentions in the Holy Qur'an:

"Tell Believers to lower their gaze.'' (Surah 24: Ayat 30)

The majority of the Ulama of the Ahlus Sunnah Wal Jama'ah i.e. of the Shafi'i, Maliki and Hanbali schools of jurisprudence - define, as per injunctions from Qur'an and Hadith that it is Unlawful for women to leave the house with faces unveiled; and this rule is effective whether or not there is likelihood of temptation. Only the Hanafi School of Jurisprudence give such leeways to let the face leave uncovered when there is no likelihood of temptation.

However, when there is likelihood of temptation, all scholars of the Ahlus Sunnah Wal Jama'ah i.e. the Hanafi, Maliki, Shafi'i and Hanbali Schools of Jurisprudence - unanimously concur that leaving the house without the veil is Unlawful.

As previously mentioned, temptation means - anything that leads to sexual intercourse or its usual preliminaries. As for when there is real need - looking does not become Unlawful, under the conditions that temptation is unlikely.
There is major misunderstanding especially among modern teachers of Islam, as well as their students - that the Aurat of a woman is everything but her face and hands. This view has been misunderstood from the two injunctions pertaining to the Aurat of women:

(a) As for when she is outside the house, or in exposure to the sight of non-Muhrim men - it is her whole body, and she must be veiled.

(b) As for when she is standing in front of Allah for Solat, or other acts of Ibadah mandating the same - it is her whole body except her face and her hands.

It is ruling (b) that has been misunderstood to represent the injunction of physical Hijab for women as a whole - which is incorrect, whilst ruling (a) has been almost hidden to those who are unaware of Fardhu 'Ain Knowledge obligatory for adherents of the Ahlus Sunnah Wal Jama'ah.


Being In Her Company

Being alone with a woman who is not one's wife or unmarriageable kin is absolutely Unlawful.

As for within the relationship between husband and wife, a man may look at his wife, while the wife may look at her husband including each other's nakedness. However, it is offensive (Makruh) for either husband or wife to look at the other's genitals.

As for Muhrims, a man may look at his unmarriageable female relatives, while a woman may look at her Muhrim male relatives - thus viewing any part of the body that shows e.g. while they are working - except what is between the navel and knees.

As for a woman looking at a man other than her husband or Muhrim male relatives, it is absolutely Unlawful, just as a non-Muhrim man looking at her is Unlawful.

It is Unlawful for a woman to show any part of her body to an adolescent boy or a non-Muslim woman, unless the latter is her kinswoman, in which case it is permissible.


Touching

Whenever looking is Unlawful - so is touching. That is to say , whatever is Unlawful to look at, is also Unlawful to touch. Also by default, it must be remembered that any permissible looking that leads to temptation is Unlawful.

Ordinary people sometimes mistakenly assume that the Hanafi school's position that - touching a woman does not nullify one's ablution (Wudhu), means they permit men shaking hands with women who are not wives or unmarriageable relatives. This is wrong, and the correct rulling for this is that it is actually Unlawful. Neither the Hanafi school nor any other school of jurisprudence holds such acts to be permissible.


Doctors Treating Patience Of The Opposite Gender

With regards to doctors treating patients of the opposite gender, the Shari'ah has laid out clear injunctions on how to go about things.

Both - looking and touching are permissible for medicinal bloodletting, cupping, and medical treatment when there is real need. A Muslim woman needing medical attention must be treated by a Muslim woman doctor, or if there is none, then by a non-Muslim woman doctor. If there is none, then a male Muslim doctor may treat her, while if none of the above are available, then a male non-Muslim doctor. If the doctor is of the opposite sex, her husband or non-Muhrim male relative must be present. It is Obligatory to observe this order in selecting a doctor. The same rules apply to Muslim men with regard to having a doctor of the same gender and religion; whereby the same gender takes precedence over the same religion.

Necessary treatment of a woman's face or hands permits looking at either. As for other parts of the body, the criterion for permissibility is the severity of the need for treatment, meaning that there must be an ailment as severe as those permitting dry ablution (Tayammum), and if the part concerned is the genitals, the need must be even more acute, though it includes gynecological examinations for women with fertility problems, which are permissible.


When Looking Is Permissible

Looking at a woman is permissible for testimony in court, for commercial dealings with a marriageable man, or non-commercial dealings e.g. when he wishes to marry her, and so forth - such as obligatory learning (Fardhu 'Ain) or recommended learning, in which cases looking is permissible to the degree required. It is not permissible to exceed the degree required, as when looking at part of the face is sufficient, in which case looking at the rest of it is not permissible, as it exceeds the amount required.

Also it must be remembered that an Ustazah (female teacher) must be sought after when such teachers are available. There should also be no looking, when that is not necessary, and such teachings between a male teacher and a female student may take place between a curtain.


When Looking Is Recommended

The Sunnah when one wants to marry a woman is to look at her face and hands; as the face indicates her beauty, while the hands indicate the robustness of her body.

Imam Tirmidhi RA reports from Al-Mughira that when he got engaged to a woman, the Prophet Muhammad SAW said:

"Look at her, for it is likelier to last between you."

The above gives the meaning that love is likelier to last, and there will be much tenderness in the relationship before getting engaged to her, even if the woman does not give her permission to do so; because in such cases Allah's permission as the Lawgiver is already sufficient.

Such a male prospective groom is entitled to repeat looking at his possible match, as many times as he wishes - with the intention that he needs to make sure of how she looks, so he does not come to have regrets after getting married. She, in the same lines, is also entitled to do the same.

It must be emphasised here that the male may not look at other than her face and hands; and anything more than is sinful.

In such cases where he is unable to go and see her, he may send a reliable woman to go and see her for him, as such a woman would be likely to notice more than he, and she may describe her to him. This rule is an exceptional rule against the general Unlawfulness of describing a woman's physique to a man who is non-Muhrim i.e. marriageable to him.

Another post shall InshaAllah be sent later to discuss on the virtue of Hayaa (modesty) - the highest decree of women.

Silk, Unlawful Clothing, Decoration & Jewellery

FIQH: AHLUS SUNNAH WAL JAMA'AH - TRADITIONAL SHAFI'I SCHOOL OF JURISPRUDENCE


TIGHT CLOTHING

It is offensive for men to wear tight clothing that discloses the size of the parts of their body which are nakedness. This is absolutely unlawful for women.


SILK

It is unlawful for men to wear silk or use it in any way, even to line clothing, though it is permissible to use it as padding in a cloak, pillow, or mattress.

Women may wear and use silk, and it is permissible for a guardian to dress a child in it before he/she attains puberty.

It is permissible for men:

- to use fabric composed partly of silk as long as the weight of the silk is half or less of the weight of the fabric;

- to embroider with silk thread where the width of the design does not exceed four fingers though the length does not matter;

- to have a silk fringe on a garment; or a silk collar; or

- to cover a silk mattress with a handkerchief or the like and sit on it;

- It is also permissible for men to use silk when there is need to in severe heat or cold;

- to clothe their nakedness with it for Solat when there is nothing else; or

- to use it when suffering from itching or for protection from lice.

The upshot for the above when it come to the use of silk is that - when there is real need for it, one may use it. Otherwise, it is an enormity i.e. a major sin. Imam Ghazali RA has explained that its prohibition for men is attributed to its effeminacy and softness, which are unbecoming of men.


CLOTHING AFFECTED BY FILTH

It is permissible to wear a garment affected by something impure i.e. najasa when not in Solat or in other activities requiring purity, provided one is not in a mosque. As for wearing such a garment in a mosque, one is not allowed to, since it is not permissible to carry something impure into the mosque when there is no genuine need, such as having to take one's shoes inside.


LEATHER WHICH IS UNLAWFUL

It is unlawful to wear leather taken from the carcass of an unslaughtered animal before tanning, except when there is pressing need, such as in the event of a sudden outbreak of war, and when there is nothing else or situations of the like.


GOLD & SILVER

It is unlawful for men to wear gold jewellery, even the teeth of a ring's setting that holds its stone. Unlike silk, there is no difference for the prohibition of gold between small and large amounts. Nor may men wear objects painted or plated with gold, though if these have become tarnished so that the gold is no longer apparent, then they are permissible.

It is permissible to repair teeth with gold.

It is unlawful for both sexes to wear a silver ring, except the Sunnah for men being to do so on the little finger, of either hand.

It is permissible for men to decorate battle weapons with silver, but not ridding gear such as saddles and the like, nor an inkwell, writing utensil case, work knife, penknife, or lamp fixture-even if in a mosque.

It is Haraam for men to have silver jewellery other than rings, such as a necklace, armband, bracelet etc. because these resemble the habits of women and it is unlawful for men to imitate women. A crown is also not permissible.

It is not permissible to use silver or gold to embellish the ceiling or walls of a house or mosque, even those of the Ka'abah, because it is wasteful, and no one has reported that the early Muslims did so, though if the amount is so slight that none could be melted off by applying fire, then it may remain. If more that that, then whatever has been placed must be removed.


INTERIOR DECORATION

It is offensive to use cloth for interior decoration in houses; meaning that if curtains and the like are used merely for decoration, it is offensive, though there is nothing wrong with using them to screen a room from view. It is unlawful to decorate walls with pictures of animate life.


DECORATING THE QUR'AN

It is permissible for both men and women to decorate copies of the Qur'an and to embellish writing with silver for the purpose of inculcating reverence for it. It is permissible for women to have copies of the Qur'an decorated with gold, but this is unlawful for men.


FEMALE JEWELLERY

All gold jewellery is permissible for women, even on shoes and woven into fabric, provided it is not wasteful. But if a woman is wasteful, such as when she has a 720-gram anklet of gold, meaning that the weight of a piece, though there is no limit to the number of average weight pieces exceeds the customary, then it is unlawful; because gold is only permitted to women for the sake of beauty, and when gold exceeds what is normal it is repulsive and devoid of beauty.

It must be noted that zakat must be paid on such wasteful jewellery, as opposed to jewellery that is not wasteful, on which no zakat is due.

A Brief Tazkirah On How Muslims Should Dress

An important aspect that must be observed in Islam is how we dress. This applies for both - male and female. Indeed, the outer physical appearance of a person usually is also a sign of what one has in the heart. Therefore, the unique Islamic way of dress is one of many things that differentiates Muslims with non-Muslims.

The Bounty of Clothing

Clothing definitely counts as one amongst the infinite bounties of Allah SWT, and this is described by Allah SWT in the Qur'an:

"O Children of Adam! We have sent down upon you a dress which may conceal your shameful parts and sent down feathers (or splendid garments) and the dress of piety (Taqwa) that is the best of all." (Surah Al-A'raaf: Ayat 26)

The above ayat literally shows what clothing is permissible and what clothing is prescribed as best in Deen. It is so unfortunate today that even Muslim men and women are totally ignoring this Divine Commandment.

A Brief History of Clothing

The first dress ever worn by humans on earth was - leaves.

This is again mentioned by Allah SWT in the Holy Qur'an, again in the same Surah:

"And when they tasted the forbidden tree, their private parts become exposed and they began to cover themselves with leaves." (Surah Al-A'raaf: Ayat 22)

In the above ayat, Allah SWT is mentioning about the story of the Prophet Adam AS and the mother of mankind: Hawa AS - that when Allah SWT had forbidden them to go near a particular tree, they committed an act that had been forbidden by Allah; and then their satr (private parts) became visible. So in an act of modesty, they began to cover themselves with leaves.

As times changed, the style of clothing also changed. Slowly, it changed to two pieces of clothing. Then came three pieces of clothing. Then slowly came the trousers, sleeves, collars and cuffs which is what is worn today.

Even those people who revert to Islam like the Muslim way of dress:

"I like being a Muslim because of the unique code of dressing, which is also set down by Allah for us to follow. This code of dressing sets a lot of moral standards in this world where morality is lacking greatly."

Dressing in an Islamic way attracts a few remarks but also a great deal of respect. It also benefits us because we are not caught up in the constant changes of fashion, which in their own way bring about social problems. Young men and young women today find themselves caught up in bad happenings just to keep up with the trends of fashion.

Dressing Islamically also allows one to be easily recognised wherever he/she goes. We should show the dignity of the fact that we are Muslims. It also allows Muslims to know one another and greet each other with "Assalaamu'alaikum".

Another beauty of the Islamic dress is that it brings about discipline; thus, when dressing Islamically, we will always want to be on our best behaviour and guard our manners at all times, to respect our Lord and religion. What all society can see are "your clothes", which gives you your identity.

Sunnah Clothing

In general, Islam has got no fixed standards of dress, as dress is regulated by necessities according to geographical conditions of countries. In cold conditions, warm clothes are necessary for the protection of the body. Similarly, in hot countries, thin clothes are mostly the norm. However, in hot countries, this does not mean that we take to wearing clothes so thin, that wearing just them reaches almost to nakedness, which is undoubtedly unlawful in Islam.

Our main object of wearing clothes is covering our satr (private parts) and protection of the body from hot and cold conditions. The satr has been defined as the parts of the person which is indecent to expose. For a man this is what consists between the navel and the knee. It is the entire body for a female except the palms.

Trousers

The Prophet SAW recommended the use of trousers to the length of the lower portion of the leg. It may however, be lengthened above the ankle and shortened below the knee.

Abdullah ibn Umar RA narrates that the Prophet SAW said:

"When a man lets flow his trousers out of vanity, Allah Ta'ala will not look at him on the Day of Resurrection."

It has also been reported by Abu Hurairah RA that the Prophet SAW said:

"Whatever flows of trousers below the ankles will be in the Hell fire." (Bukhari)

This clearly shows that our trousers should not exceed below our ankles as it gives an air of vanity and also catches dirt of the way.

Shirts and Robes

The Holy Prophet SAW used a single long robe and recommended it for others, as it covers the major portion of the body.

Stockings and Socks

The Holy Prophet SAW used socks for protection of his feet from heat, cold and pricking shrubs on the way. He also wore leather socks. He also showed us how to wear shoes by wearing the right shoe first then the left. And when removing them vice versa.

Turban and Cap

There are several traditions about the use of a cap and turban.

Mughairah ibn Shu'bah RA narrates that the Prophet SAW performed Wudhu and made Masah of the front portion of his head as well as of his turban and leather socks. (Riwayat Muslim)

The Sahabah RA also used to wear caps depending on the weather too. In the hot days, the cap used to be of thin material and on cold days it used to cover their ears. The Sahabah RA and the Mashaa'ikh / Pious Scholars RA wore this. So it has a symbol for Muslims. Should we ignore wearing them? It has also been proven from Hadith that the Prophet SAW wore a black coloured turban and also a white turban from other narrations. As for the cap, it is reported from Abdullah ibn Umar RA that the Prophet SAW wore a white cap.

Colour of Dress

The colours of cloth most favourable to the Prophet SAW is white because it shows purity. Dirtiness is manifested more vividly in white cloth which therefore requires constant cleaning. White will be the colour which we take to our graves. This is good from a sanitary point of view.

The Prophet SAW also prohibited men from the wearing of red-coloured cloth, as it is indecent.
It is reported in Sahih Muslim that the Prophet Muhammad SAW disliked yellow as it is associated with women. These are just some brief points. We will cover this topic in more detail in the future, InshaAllah.

Important Points to Ponder

The most important points in the Ahadith of Rasullullah SAW regarding dressing are:

1. The clothes should conceal the body adequately.

2. They should impart dignity and good appearance.

3. They should not fail to satisfy the requirements of adequate concealment of the body.

4. Nor should they be so ugly and clumsy that instead of enhancing beauty, they mar the wearer's appearance.

Women Clothing

A woman must ensure that her clothing does not resemble that of men and vice-versa; nor should the clothing resemble the peculiar dress of disbelievers.

Allah Ta'ala says in the Qur'an:

"O Prophet ! Tell thy wives and thy daughters and the women of the Believers to draw over them their cloaks (veils). That in the least so that they be recognised and not be molested." (Surah Al-Ahzaab: Ayat 59)

"And remain within you homes and do not make an exhibition (of yourselves) like the displays (of the immoral women) of former times of ignorance." (Surah Al-Ahzaab: Ayat 33)

Rasullullah SAW has given a warning against wearing transparent clothing which makes the body visible or light clothing which emphasizes or highlights the figure of the body.

Rasulullah SAW said (mafhum):

"Many women are clothed but naked in reality. Such women will never enter Paradise nor will they smell its fragrance."

Even transparent and netted scarves are worn to deliberately display hair and parts of the body. Women who wear transparent or tight-fitting clothing should reflect over the remark of Rasulullah SAW that such women are infact naked! How shameful indeed to remain naked in this world and as a consequence, they won't even smell the fragrance of Paradise.

CONCLUSION

Clothes should be considered a great bounty of Allah SWT and one should wear them and express gratitude to Allah SWT. Undoubtedly if all clothes are worn whilst taking heed of the Divine Laws of Allah, it will be considered as a form of Ibadah too and will become a means of nearness to Allah SWT.

The Prophet Muhammad SAW said:

"Whomsoever utters the following supplication after wearing clothes, all his past sins will be forgiven-

"All praises are due to Allah who clothed me with this and which He bestowed upon me without any toil and effort on my part"."