Sunday, 5 January 2014

Ruling on the women uncovering her face - Shaykh Yahya al-Hajooree

Question: Shaykh al-Albani supports in several books the position that it is not compulsory to cover the face, along with proofs whereas (if) one reads it may see this position to be the correct one. So is the position that Shaykh al-Albani takes the correct one? If the answer is yes, then what is the reply to the ones that make it compulsory; and if (the answer) is no, then what is the reply to those who prevent (wear the face veil).

Answer: That which is right and correct in this issue with the people of knowledge (with whom Shaykh al-Albani may Allaah have mercy upon him is included) is that uncovering the face, if fitnah occurs because of it, it is not permissible to cause fitnah for the Muslims and covering her face is better. Then we return back to the saying of Allaah subhaanahu {O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e.screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed}(al-Ahzab:59) Ibn Kathir said in explanation of this Ayah, "If they do this, they will be recognized as free-women, not prostitute slaves."

The free-women used to cover their faces; likewise it is established in the hadeeth of Aisha and Asma, the daughters of Abu Bakr al-Sadeeq said, "we used to cover our faces if we walked by the men and uncover when we passed on by" [narrated by Abu Dawood #1833, ibn Maajah #2935 and Ahmad volume 6 page 30] [during their Hajj]. This is proof for the woman covering her face around the men, even if in the state of Ihraam. Imaam Bukhari made a chapter carrying this meaning. The chapter: The hijaab of the woman and the ihraam of the woman when it relates to her face, and he mentioned the hadeeth of ibn Umar which contains in it: "and the women shall not wear the niqaab (face veil)" [narrated by Abu Dawood #1825, Abu Y’ala #5818]. So this is the position of the majority of the people of knowledge that it is not permissible for the woman in the state of ihraam to cover her face, except if she fears fitnah, then she covers her face and when she passes on by she uncovers. 

So the Asl is that the woman covers her face from the non-relatives (non-muhrams). It is established in the two saheehs from the hadeeth of Aisha radi Allaahu ‘anha that the women used to pray behind the Prophet salla Allaahu ‘alyhi wa sallam, they would exit and no one would be able to differentiate them from al-Qals (the latter part of the night when it begins to mix with the light of the morning) and in another hadeeth they would exit to their houses as if they were crows [al-Bukhair #578 and Muslim #645]. The crow is all black, this is the asl of the crows. 

It is established in the hadeeth Umm ‘Adhiyyah in the two saheehs that the prophet salla Allaahu ‘alyhi wa aalihi wa sallam ordered the women to exit to the Musallah (prayer area) so one of them said, "O Messenger of Allaah, one of us does not have a Jilbaab," and he said, " Her sister shall dress her from her jilbaab", and it is established that the Prophet salla Allaahu ‘alyhi wa aalihi sallam said, "If one of you wants to propose to a woman, then look at her, for surely there is something about the eyes of the Ansaar. The Messenger salla Allaahu ‘alyhi wa aalahi wa sallam ordered to look at the woman that is proposed to specifically, not at all the women of the people. If it was allowed for a person to look at all the women with ease, he would not need to burden himself to look (at the one he is proposing to). There is no problem for the woman to uncover her face, only if he wants to propose to her - so it will be something extra that she burdens herself to uncover her face specifically to that person who is proposing, and if it was permissible to look at their faces, Allaah azza wa jalla would not have prohibited them from showing their adornments to the non-muharams except for that which appears from it, like in surah an-Noor. From the most beautiful things in a women is her face, and it is what interests the one proposing to marry the one he is proposing to. 

Allaah azza wa jalla says {And if you ask them for anything, ask from behind a screen}(Al-Ahzab:53). If it was permitted to look at their faces, it would have been permitted to ask them without a screen, but for the purpose of preventing fitnah from the hearts of the believers, he ordered with asking them from behind a screen; so he said {that is purer for your hearts and for their hearts} [Al-Ahzab:53]. In the two saheehs, from the hadeeth of Abu Sa’eed al-Khudri: "Beware of sitting in the pathways," they said, "O Messenger of Allaah, we have no choice but to sit (in the pathways)," he said, "If you refuse except that you sit then give the pathway it’s right," they said, "what is it’s right?" Lowering the gaze, refraining from harm, ordering with good and forbidding the evil.

If the woman uncovers her face she causes the sight to launch (toward her) most of the time, like in the story of Fadl with Khath’amiyyah before the hijaab. I will add to this what occurred in the haadithatul-ifk (incident of fabrication) in the two saheehs, that Aisha said, "Safwan had seen me before the (Ayah) about the hijaab was revealed."

These are the proofs of the majority of the people of knowledge pertaining to the obligation of covering the face in front of the non-relatives. Through this it is known that the opinion of Shaykh al-Albani is not correct, and the correct position is (with) the one who obligates upon her to cover her face in front of non-relative men and Alhamdulillah.

As for the hadeeth of Aisha radi Allaahu ‘anha that the Prophet salla Allaahu ‘alyhi wa aalihi wa sallam said, "O Asma, verily the woman when she reaches the age of puberty, it is not befitting that (anything) appears from her except this and this." [Abu Dawood #641, Tirmidhi #377, ibn Maajah #655 and Ahmad Volume 6 page 150] and he pointed to his face and palm - it is da’eef (weak); it has a few defects in it, from it is discontinuation (in the chain) between Khalid bin Darik and Aisha radi Allaahu ‘anha.

Shaykh Yahya al-Hajooree

Arabic source: Shaykh Yahya's Fatwaa volume 4, chapter قضايا اجتماعية


Translated by Aboo Zayd Muhammad bin Abdillah bin Sheikh-Elmi

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