Is Wearing the NiqNNiiqqNiqāb āābbāb Obligatory for ... · Ḥalāl wa-l-Ḥarām (The Lawful...

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Is Wearing the Is Wearing the Is Wearing the Is Wearing the NiqNiqNiqNiqābābābāb Obligatory for Obligatory for Obligatory for Obligatory for Muslim Muslim Muslim Muslim Women? Women? Women? Women? By Yūsuf Qaraḍāwī

Translated by the Sacred Pursuits translation team

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The following piece is a translation of a fatwā (responsum) written by Shaykh Yūsuf

Qaraḍāwī in response to a question regarding the status of the niqāb (face veil) in

relation to to the ḥijāb (headscarf) in Islam. In general, technical terms and non-

Arabic words are explained within the body of the text or in footnotes. The Shaykh

demonstrates in the course of the fatwā that the obligation, for Muslim women is to

wear a ḥijāb, and not the niqāb, although the latter is not impermissible. The Arabic

text is taken from Qaraḍāwī’s three volume work, Min Hudā al-Islām: Fatāwā Muʿāṣira,

vol. ii, pp. 312-36 (Kuwait: Dār al-Qalam, 2005).

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Qaraḍāwī on the Niqāb www.sacredpursuits.org

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Question:Question:Question:Question:

e have read what you have written in defence of the niqāb, in response to the

attacks of those who say that the niqāb is a reprehensible innovation (bidʿa)

that was introduced to Muslim society, and has nothing to do with Islam; and you

demonstrated that the view that obligates women to wear the niqāb is one that has

in fact existed within Islamic fiqh. You have thereby given a fair treatment of the

niqāb, and those who choose to wear it, despite the well-known fact that your

opinion on the issue is that it is not an obligation to wear the niqāb.

Now we ask that—just as you have been fair in your treatment of the niqāb, against

those who would do away with the headscarf (ḥijāb) altogether—that you give a fair

hearing to those of us who wear only the headscarf, against those sisters and

brothers who call to the niqāb, and ceaselessly attack us for not covering our faces,

despite its being the focal point of temptation (fitna) and centre of beauty (majmaʿ al-

maḥāsin), and that we act contrary to the Qurʾān and the sunna, and the way of the

pious predecessors by uncovering our faces. You yourself may have been attacked,

on occasion, due to your championing the headscarf rather than the niqāb, as well as

the late Shaykh Muḥammad Ghazālī who some of the scholars from the Gulf tried to

refute.

We hope that you will not refer us to what you have already written in your book al-

Ḥalāl wa-l-Ḥarām (The Lawful and the Prohibited), and in your book, Fatāwā Muʿāṣira

(Contemporary Fatwās), even if there is sufficiency in them, for we would like more

explanation, as a proof for our viewpoint, showing the path, and banishing

misgivings with certainty, so that we can end the perpetual controversy

surrounding this issue. May Allāh place the truth upon your tongue and in your pen.

A group of young ḥijāb wearing women

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Response:Response:Response:Response:

t seems that my dear daughters and sisters have not left me any excuse to remain

silent, and suffice with what I have already written.

I know that the controversy concerning this differed-upon issue will not end with

an erudite essay or book. For as long as the causes for difference remain, those

differences will not disappear among the people, even if they are sincere and

religious Muslims. In fact, religiosity is often the cause for the vehement

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disagreement, as each side feels strongly that their view is the Truth, and that it is

the real religious practice on the basis of which people will be rewarded or

punished.

The controversy will remain as long as the texts themselves—from which rulings

are derived—are amenable to disagreement with respect to their authenticity and

meaning. They will remain as long as the minds of men are of varying strength in

deriving rulings from the texts, and differ as to the extent to which texts are to be

taken literally, or in their general tenor, or whether one should adopt a more

stringent position or a more lenient one, or a precautious position or an easier one.

The controversy will remain as long as there are those who adopt the rigorous

stances of Ibn ʿUmar, and those who adopt the dispensations of Ibn ʿAbbās; as long

as there are those among them who will pray ʿAṣr on the way, and those who will

not pray anywhere but in the vicinity of Banū Qurayẓa.1

It is of the mercy of Allāh that these kinds of differences are not forbidden and

entail no sin. The scholars who hold the incorrect opinion are excused. In fact they

earn a single reward,2 and there are even those who say that no one is wrong in

these juristic judgments; in fact they are all correct.

Indeed, even the Prophet’s Companions, and the righteous generations following

them differed in their juristic judgments, and this did not harm them in anyway.

They agreed to disagree, and continued to pray behind one another without

disapproval.

And despite my belief that this disagreement shall remain, I have no choice but to

respond to the question of my daughters and sisters, repeating myself on this topic,

to provide further clarification; so that perhaps Allāh may grant me the ability to

present a balanced word on the matter, that will do away with the disputation, or at

least temper its stridency, and reduce its intensity, so that the consciences of those

who wear the ḥijāb may rest, and the callers to the niqāb may be assuaged.

1 This is in reference to the ḥadīth in which the Prophet ordered a group of his Companions to not pray ʿAṣr until they reach the tribe of Banū Qurayẓa. This was understood literally by some of the Companions, so they did not pray until they reached the tribe, by which point the time for ʿAṣr had passed, so they made up the missed prayer. Others understood the order to mean that they should hurry there, so they prayed on the way, as they feared missing ʿAṣr if they waited till they arrived at their destination. The Prophet commended both groups for their efforts to enact his order in their own ways. 2 This is based on the ḥadīth in which the Prophet describes a scholar who exercises his sincere juristic judgement to give a religious opinion on a given issue. He states that the scholar who arrives at the correct conclusion earns two rewards—the reward for the effort, and the reward for the resulting opinion. As for one who arrives at an incorrect conclusion, he earns a single reward for his sincere efforts.


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Showing that most scholars are in favour of not covering the face and handsShowing that most scholars are in favour of not covering the face and handsShowing that most scholars are in favour of not covering the face and handsShowing that most scholars are in favour of not covering the face and hands

I wish to begin by emphasising a fact that does not really need emphasis as it is

eminently and undeniably well-known among the people of knowledge. It is that

the view that wearing the niqāb is not an obligation, and that it is permissible for a

Muslim woman to uncover her face in front of unrelated men, is the view of the

majority of the legal scholars (jumhūr al-fuqahāʾ), since the time of the Companions

(Ṣaḥāba).

So there is no justification for this contrived clamour, this artificial storm, that

some sincere people, who are not scholars, and some zealous students of

knowledge, have created against what the illustrious dāʿiya, Shaykh Muḥammad

Ghazālī has said in some of his books and articles. They give the impression that he

has invented new and unprecedented opinions, while they are in fact no more than

the statements of respected imams and jurists, as we shall demonstrate. We will

show that this is the position that is best supported by the evidence and traditions

(āthār). It is backed up by scholarly reflection and contemplation, and is

corroborated by the reality on the ground in the best times.3

The The The The ḤanafīḤanafīḤanafīḤanafī schoschoschoschool’s viewpoint:ol’s viewpoint:ol’s viewpoint:ol’s viewpoint:

In the Ikhtiyār, a [relied upon] text from the Ḥanafī corpus, the author notes that,

One is not permitted to look at an unrelated free woman, except at the face and the

hands, as long as one does not fear sexual desire. Abū Ḥanīfa added the feet to this,

as it is necessitated by the give and take of social interaction, and so that a woman’s

face can be recognised when she interacts with those not related to her, in order to

take care of her everyday needs, as she often has no one who can take care of those

needs.

The basis for this position is the verse, ��and let them not display their beauty (and let them not display their beauty (and let them not display their beauty (and let them not display their beauty (zzzzīnaīnaīnaīna) ) ) )

except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it��....4444 Most of the Companions of the Prophet state

that this refers to koḥl, and rings, i.e. their places on the body. We have already

noted that looking at koḥl, rings, jewellery, and other types of beauty (zīna) are

permitted (ḥalāl) for both relatives and unrelated people, and by this is intended

the place of that beauty [...].

3 I.e. the times of the best three generations of the Companions (Ṣaḥāba), the Successors (tābiʿūn), and

the Followers (tābiʿ al-tābiʿīn), as is stated in a well-known ḥadīth. 4 Qurʾān, 24:31.


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As for the feet, it has been narrated that it is not part of the ʿawra,5 as they appear

when walking, and because sexual desire is greater in the face and hands than in

the feet, so it is permissible to look at them a fortiori.

In another narration, the feet are considered part of the ʿawra, in terms of looking

at them, except when a woman is praying.6

The The The The MMMMālikīālikīālikīālikī school’s viewpoint:school’s viewpoint:school’s viewpoint:school’s viewpoint:

In the concise commentary (al-Sharḥ al-Ṣaghīr) of Dardīr entitled, Awḍaḥ al-Masālik ilā

Madhhab Mālik, the author notes that “the ʿawra of a free woman in relation to an

unrelated man, i.e. someone who is not her maḥram7 is her entire body, except the

face and hands. As for these two8, they are not a part of the ʿawra.”

Ṣāwī adds in his marginal gloss,

Thus it is permissible to look at those two parts of the body, and there is no

difference whether one sees the palms or the backs of the hands, as long as there is

no seeking or feeling sexual pleasure in so doing. If there is, then it is impermissible

to look at either the hands or the face.

As to whether a man’s feeling sexual pleasure obligates a woman to cover her

hands and face, that is the position of Ibn Marzūq who states that it is the best

known opinion (mashhūr) of the madhhab. The contrary opinion that a woman is

not obliged to do so, but rather that the man must lower his gaze, is the corollary of

what Mawwāq narrates from Qāḍī ʿIyyāḍ. Zarrūq notes in the Waghlīsiyya in the case

of an attractive woman—that she is obligated to cover her face, but for others it is

merely recommended. 9

The The The The ShShShShafiafiafiafiʿī ʿī ʿī ʿī school’sschool’sschool’sschool’s viewpoint:viewpoint:viewpoint:viewpoint:

Shīrāzī, the Shāfiʿī author of the Muhadhdhab states that,

As for a free women, all her body is her ʿawra, apart from her face and hands—

Nawawī states, up to the wrists—because of the verse, ��and let them not display and let them not display and let them not display and let them not display

their beauty (their beauty (their beauty (their beauty (zzzzīnaīnaīnaīna) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it��....10101010 Ibn ʿAbbās states that what

5 The parts of the body that cannot be exposed in public, although it differs from case to case. So, for example, a woman may expose more than just her face and hands in front of unmarriageable kin, or other women. 6 Mawṣilī, Ikhtiyār, vol. iv, p. 156. 7 A relative, e.g., a sibling, who it is impermissible to marry and before whom a woman may show

more than what she may display in public. 8 i.e. the face and the hands. 9 Ṣāwī, Ḥāshiya, ed. Waṣfī, vol. i, p. 289. 10 Qurʾān, 24:31.


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is excepted refers to her face and her hands,11 because the Prophet � prohibited

women in the state of iḥrām12 from wearing a niqāb and gloves.13 If the face and

hands were part of the ʿawra, it would not have been impermissible (ḥarām) to cover

them, and in addition, everyday needs require showing one’s face in buying and

selling, and showing one’s hands in giving and taking, so they have not been made

part of the ʿawra.

Nawawī adds in his Majmūʿ, a commentary on the Muhadhdhab,

that some of the Shāfiʿīs narrate a position of the Imām, or an opinion from one of

the later jurists that states that the soles of the feet are not part of the ʿawra, and

Muzanī states that the feet are not part of the ʿawra, but the school’s stance is the

former.14

The The The The ḤanbalīḤanbalīḤanbalīḤanbalī school’s viewpoint:school’s viewpoint:school’s viewpoint:school’s viewpoint:

In the Ḥanbalī school, we find Ibn Qudāma stating in the Mughnī that,

There is no disagreement within the school that it is permissible for a woman to

show her face in prayer, and that she should not show any more than her face and

hands; and concerning the hands there are two narrations.15 The people of

knowledge have differed on these issues, but most of them agree that a woman may

pray baring her face. Most of the people of knowledge also agree that a free woman

should cover her head when she prays, and that if she has prayed with all of her

head uncovered, that she should repeat her prayers.

Abū Ḥanīfa states that the feet are not part of the ʿawra, because they are exposed a

lot of the time, and so they are like the face. Mālik, Awzāʿī, and Shafiʿī state that all

of a woman is her ʿawra except her face and her hands. As for the rest of her body,

she must cover it when she prays, as Ibn ʿAbbās states, concerning the verse, ��and and and and

let them not display their beauty (let them not display their beauty (let them not display their beauty (let them not display their beauty (zzzzīnaīnaīnaīna) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it��,16 that it

refers to the face and hands, because the Prophet � prohibited women in a state of

iḥrām from wearing gloves and the niqāb. If they were part of the ʿawra, it would not

have been impermissible (ḥarām) to cover them, and in addition, everyday needs

require showing one’s face in buying and selling, and one’s hands in giving and

taking.

11 Nawawī states in the Majmūʿ that this is the interpretation narrated from Ibn ʿAbbās. It has been narrated by Bayḥaqī from Ibn ʿAbbās and ʿĀʾisha �. 12 This is the state of a person when he or she makes pilgrimage to Makka. Among other things, such a person is restricted from wearing certain types of clothing when in this state. 13 This ḥadīth is in Bukhārī’s Ṣaḥīḥ, narrated on the authority of the Companion, ʿAbd-Allāh b. ʿUmar. 14 Nawawī, Majmūʿ, vol. iii, pp. 167, 168. 15 The Ḥanbalī school is the most prolific of the legal schools in narrating more than one opinion from the eponymous founder. Usually where it is stated that there are two opinions, this implies that one allows and the other disallows doing whatever is under discussion. In this case, it is presumably about exposing one’s hands. 16 Qurʾān, 24:31.


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Some of our17 scholars have stated that all of a woman’s body is her ʿawra as it has

been narrated in a ḥadīth from the Prophet � narrated by Tirmidhī that “all of a

woman’s body is her ʿawra”, and Tirmidhī states that the ḥadīth is authentic (ḥasan

ṣaḥīḥ) but she was given a dispensation that allowed her to expose her face and

hands as covering them would cause great difficulty (mashaqqa); and looking at her

face is permitted when asking for her hand in marriage, because it is the centre of

beauty. This is the view of Ḥārith b. Hishām who states that, “All of a woman’s body

is her ʿawra, even her nails.”18

Other Schools:Other Schools:Other Schools:Other Schools:

Imām Nawawī mentions in his Majmūʿ, in presenting the various scholarly opinions

concerning the ʿawra, that

the ʿawra of a free woman is all of her body except her face and hands, and is the

position of Shāfiʿī, Mālik, Abū Ḥanīfa, Awzāʿī, Abū Thawr, and several others, and is

one of the positions narrated from Aḥmad. Abū Ḥanīfa, Thawrī, and Muzanī also say

that the feet are not part of the ʿawra. Aḥmad says elsewhere, that her ʿawra is her

entire body except her face.19

This is also the position of Dāwūd al-Ẓāhirī as stated in Nayl al-Awṭār.20 As for Ibn

Ḥazm, he excludes both the face and the hands, as stated in the Muḥallā, and we

shall cite some of what he quotes to argue his position in the relevant sections

below. This is also the position of a large number of the Companions and Successors,

as is clear from their interpretation of the meaning of ��what [usually] appears of itwhat [usually] appears of itwhat [usually] appears of itwhat [usually] appears of it��

in Sūra al-Nūr.

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The Evidence of Those Who Permit Showing the Face and Hands The Evidence of Those Who Permit Showing the Face and Hands The Evidence of Those Who Permit Showing the Face and Hands The Evidence of Those Who Permit Showing the Face and Hands

We can now mention the most important legal proofs relied upon by those who say

that wearing the niqāb is not obligatory, and that one may show one’s face and

hands—and they are the majority. Allāh willing there is sufficiency in this.

1111.... The Companions’ interpretation of The Companions’ interpretation of The Companions’ interpretation of The Companions’ interpretation of ��except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it��::::

The majority of the scholars among the Companions, and the generations that

followed them interpreted the verse in Sūra al-Nūr, ��exexexexcept what [usually] appears cept what [usually] appears cept what [usually] appears cept what [usually] appears

17 I.e. some of the Ḥanbalīs. 18 Ibn Qudāma, Mughnī, vol. i, pp. 1, 6. 19 Nawawī, Majmūʿ, vol. iii, p. 169. 20 Shawkānī, Nayl al-Awṭār, vol. ii, p. 55.


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of itof itof itof it�� to mean the face and hands, or koḥl, and rings, or other similar

ornamentation. Suyūṭī cites in his Qurʾān commentary, al-Durr al-Manthūr fī-l-Tafsīr

bi-l-Maʾthūr, a very large number of their statements to that effect. So, for instance,

he states that,

Ibn al-Mundhir narrates from Anas b. Mālik that the verse, ��and let them not and let them not and let them not and let them not

display their beauty (display their beauty (display their beauty (display their beauty (zzzzīnaīnaīnaīna) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it�� refers to koḥl and

rings. Saʿīd b. Manṣūr, Ibn Jarīr, ʿAbd b. Ḥumayd, Ibn al-Mundhir, and Bayḥaqī

narrate from Ibn ʿAbbās that the verse, ��and let them not display their beauty (and let them not display their beauty (and let them not display their beauty (and let them not display their beauty (zzzzīnaīnaīnaīna) ) ) )

except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it�� refers to koḥl, rings, earrings, and necklaces.

ʿAbd al-Razzāq and ʿAbd b. Ḥumayd narrate from Ibn ʿAbbās that the verse, ��except except except except

what [usually] appears of itwhat [usually] appears of itwhat [usually] appears of itwhat [usually] appears of it�� refers to henna21 on the hands and rings. Ibn Abī

Shayba, ʿAbd b. Ḥumayd, and Ibn Abī Ḥātim narrate from Ibn ʿAbbās that the verse,

��except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it�� refers to her face, hands, and rings. Ibn Abī

Shayba, ʿAbd b. Ḥumayd, and Ibn Abī Ḥātim also narrate from Ibn ʿAbbās that the

verse, ��except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it�� refers to area of the face and the palms.

Ibn Abī Shayba, ʿAbd b. Ḥumayd, Ibn al-Mundhir, and Bayḥaqī in his Sunan narrate

from ʿĀʾisha that she was asked about the ��beautybeautybeautybeauty�� that ��[usually] appears[usually] appears[usually] appears[usually] appears�� and she

replied, “The bracelet and the rings (fatakh)22”, and she held the end of her sleeve.

Ibn Abī Shayba narrates from ʿIkrima, that the verse, ��except what [usually] except what [usually] except what [usually] except what [usually]

appears of iappears of iappears of iappears of itttt�� refers to her face and the front of the neck. Ibn Jarīr narrates from

Saʿīd b. Jubayr that the verse, ��except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it�� refers to face

and hands. ʿAbd al-Razzāq and Ibn Jarīr narrate from Qatāda that the verse, ��and let and let and let and let

them not dispthem not dispthem not dispthem not display their beauty (lay their beauty (lay their beauty (lay their beauty (zzzzīnaīnaīnaīna) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it�� refers to

bracelets, rings, and koḥl. Qatāda also says, “it has come to my knowledge that the

Prophet � said, “it is not permissible for a woman who believes in Allāh and the

Last Day to show other than up to here,” and he held the middle of his forearm.”

ʿAbd al-Razzāq and Ibn Jarīr also narrate from Miswar b. Makhrama that the verse,

��except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it�� refers to bracelets, rings, and koḥl.

Saʿīd, Ibn Jarīr and Ibn Jurayj narrated from Ibn ʿAbbās that the verse, ��and let them and let them and let them and let them

not display their beauty (not display their beauty (not display their beauty (not display their beauty (zzzzīnaīnaīnaīna) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it) except what [usually] appears of it�� refers to

bracelets and rings. Ibn Jurayj also narrates from ʿĀʾisha that they refer to bracelets

and anklets. Elsewhere, she relates that, “the daughter of my half-brother, ʿAbd-

Allāh b. al-Ṭufayl, visited me once when she was ornamented, and the Prophet �

entered, but turned away from her. I said, “she is my niece, and a young girl,” to

which the Prophet replied, “if a girl starts having her period, it is not permissible

for her to show other than her face, and what is beyond this,” and he held the

middle of his arm.”23

Ibn Masʿūd differs here with Ibn ʿAbbās, ʿĀʾisha, and Anas �, saying that ��what what what what

[usually] appears of it[usually] appears of it[usually] appears of it[usually] appears of it�� is the clothes, and the outer garment (jilbāb). My own view is

21 Literally, “dye”. 22 Fatakh may also be translated as anklets, but Ibn Ḥazm states below that it is a kind of ring. 23 Suyūṭī, al-Durr al-Manthūr, vol. xi, pp 23-25.


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that the interpretation of Ibn ʿAbbās and those who agree with him is preferable,

because the exception in the verse ��except what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of itexcept what [usually] appears of it�� after the

prohibition against displaying one’s beauty indicates a kind of dispensation and

easing, while allowing the appearance of a cloak, outer garment (jilbāb), or a similar

piece of clothing does not represent any kind of dispensation, easing, or removal of

hardship, as these things appear inevitably and unavoidably. This is why Ibn

ʿAbbās’s opinion is preferred by Ṭabarī, Qurṭubī, Rāzī, Bayḍāwī, and others, and it is

the opinion of a majority of the scholars. Qurṭubī prefers it because, since the face

and hands appear in everyday activities and in worship, such as in prayer and in

pilgrimage, it is suitable for the exception to refer to them [i.e. the face and hands].

One may also draw upon the ḥadīth narrated by Abū Dāwūd that Asmāʾ b. Abī Bakr

entered the house of the Prophet � wearing a thin dress, and the Prophet turned

away from her saying, “O Asmāʾ, when a woman reaches puberty, only these two

should be visible,” and he pointed at his hands and face. But the ḥadīth cannot stand

alone as a proof, as it lacks a complete chain of narrators, and also has a weak

narrator in the chain, as is well known. It finds support, however, in the ḥadīth of

Asmāʾ b. ʿUmays, which strengthens it, as well as in the customary practice of

women, both at the time of the Prophet �, and among his Companions, which is

why the ḥadīth scholar, Albānī, considers it sound (ḥasan) in his books, Jilbāb al-

Marʾa al-Muslima, Irwāʾ al-Ghalīl, Ṣaḥīḥ al-Jāmiʿ al-Ṣaghīr, and Takhrīj al-Ḥalāl wa-l-

Ḥarām.

2222.... The command to place their headscarves (The command to place their headscarves (The command to place their headscarves (The command to place their headscarves (khkhkhkhimimimimārārārār) upon their chest () upon their chest () upon their chest () upon their chest (jaybjaybjaybjayb) ) ) )

rather trather trather trather than over their faces.han over their faces.han over their faces.han over their faces.

Allāh � says concerning the believing women, ��Let them place their headscarves Let them place their headscarves Let them place their headscarves Let them place their headscarves

((((khkhkhkhumurumurumurumur----iiii----hinnhinnhinnhinn) upon their chests () upon their chests () upon their chests () upon their chests (juyjuyjuyjuyūbūbūbūb----iiii----hinnhinnhinnhinn))))��. Khumur is the plural of khimār,

which means headscarf; juyūb is the plural of jayb, which means the part of the

garment that exposes the cleavage area. Thus women have been commanded to

drape their headscarves in such a way as to cover their necks and chests, and not to

leave them uncovered in the way of the women of pre-Islamic times.

If covering the face were an obligation, the verse would have stated so explicitly and

commanded them to place their headscarves over their faces, in the same way that

it explicitly mentions placing it over the cleavage area, and this is why Ibn Ḥazm

states, after mentioning this holy verse, that,

Allāh � has thus commanded them to place their headscarves upon their chests,

and this is a textual proof that the ʿawra, the neck, and the chest ought to be

covered, and it is also a textual proof that showing one’s face is permitted, and

nothing else is possible in any case.24

24 Ibn Ḥazm, Muḥallā, vol. iii, p. 179.


10

3333.... The command for men to lower their gaze:The command for men to lower their gaze:The command for men to lower their gaze:The command for men to lower their gaze:

Men have been commanded to lower their gaze in the Qurʾān and the sunna. Allāh �

says, ��Say to the believing men that theySay to the believing men that theySay to the believing men that theySay to the believing men that they should lower their gaze and preserve their should lower their gaze and preserve their should lower their gaze and preserve their should lower their gaze and preserve their

private parts. That is more pure for them. Indeed private parts. That is more pure for them. Indeed private parts. That is more pure for them. Indeed private parts. That is more pure for them. Indeed AllAllAllAllāhāhāhāh knows what you doknows what you doknows what you doknows what you do��.25 And

the Prophet � says in a ḥadīth, “Guarantee for me six things, and I shall guarantee

for you Paradise—be truthful when you speak, fulfil your obligations when you are

entrusted with anything, lower your gaze, [etc].”26 Elsewhere he � tells ʿAlī, “Do not

follow up a glance with another glance, for you are forgiven the first, but not the

second.”27 He � also says, “O young people, whoever can marry should marry, for it

will help you lower your gaze, and protect your private parts [...].” This has been

narrated by all of the six canonical collections of ḥadīth on the authority of Ibn

Masʿūd.

If women’s faces were all covered, and all women wore the niqāb, why should men

be encouraged to lower their gaze? What could the eyes possibly see if faces were

not exposed to allow for the possibility of attraction and temptation? And what does

it mean that marrying helps lower one’s gaze if the gaze cannot fall upon any part of

a woman?

4444.... The verse The verse The verse The verse ��even if their beauty pleases youeven if their beauty pleases youeven if their beauty pleases youeven if their beauty pleases you��::::

This is further supported by the verse in which Allāh � informs the Prophet � that,

��No more women are permitted to you [in marriage], henceforth, nor may you No more women are permitted to you [in marriage], henceforth, nor may you No more women are permitted to you [in marriage], henceforth, nor may you No more women are permitted to you [in marriage], henceforth, nor may you

change [currchange [currchange [currchange [current] wives for others, even if their beauty pleases youent] wives for others, even if their beauty pleases youent] wives for others, even if their beauty pleases youent] wives for others, even if their beauty pleases you��.28282828 How could he

find their beauty pleasing if there were no possibility for him to see the face which,

all agree, is the centre of beauty of a woman?

5555.... The The The The ḥadīḥadīḥadīḥadīthththth, “If one of you sees a woman and is st, “If one of you sees a woman and is st, “If one of you sees a woman and is st, “If one of you sees a woman and is struck by her [beauty]”:ruck by her [beauty]”:ruck by her [beauty]”:ruck by her [beauty]”:

The sacred texts, and the numerous incidents indicate that most of the women in

the time of the Prophet � did not wear the niqāb apart from rare instances. Rather

they used to show their faces.

Among those incidents is that which has been narrated by Aḥmad, Muslim, and Abū

Dāwūd on the authority of Jābir; that the Messenger of Allāh � saw a woman, and

was struck by her [beauty], so he went to his wife, Zaynab—who was tanning an

animal skin—and slept with her. He later that day said to his Companions that, “a

25 Qurʾān, 24:30. 26 Narrated by Aḥmad, Ibn Ḥibbān, Ḥākim, and Bayḥaqī in his Shuʿab, on the authority of ʿUbāda. Albānī deems it sound in Ṣaḥīḥ al-Jāmiʿ al-Ṣaghīr (1018). 27 Narrated by Aḥmad, Abū Dāwūd, Tirmidhī, and Ḥākim, on the authority of Burayda. Albānī deems it sound in Ṣaḥīḥ al-Jāmiʿ al-Ṣaghīr (7953). 28 Qurʾān, 33:52.


11

woman comes and goes in the form of a seducer,29 so if one of you sees a woman and

is struck by her beauty, let him go to his wife, for that will banish what troubles his

soul.”30 Dārimī narrates a similar ḥadīth on the authority of Ibn Masʿūd, but in this

case, the wife in question was Sawdāʾ, and his comment was that, “any man who

sees a woman and is struck by her beauty, let him go to his wife, for she has what

the other woman has.”

Aḥmad relates the story on the authority of Abū Kabsha al-Anmārī that the Prophet

� said, “So-and-so31 went past me, and I felt the desire for women in my heart, so I

went to one of my wives and slept with her, and you should do the same, for among

your most exemplary actions is doing what is permissible.”32

The reason for the ḥadīths indicate that the noble Messenger saw a particular

woman, and felt the desire for women in his heart due to his human nature and

masculinity, and this could not have been possible except if he saw her face, which

would allow to recognise her as “so-and-so”. It was his seeing her that provoked his

human desire, just as his statement, “If one of you sees a woman and is struck by her

beauty”, indicates that this kind of incident could easily occur and was quite usual.

6666.... The The The The ḥadḥadḥadḥadīīīīthththth, “So he raised his glance towards her and focussed it”:, “So he raised his glance towards her and focussed it”:, “So he raised his glance towards her and focussed it”:, “So he raised his glance towards her and focussed it”:

Among the proofs for this view is what Bukhārī and Muslim narrate on the

authority of Sahl b. Saʿd that,

A woman came to the Messenger of Allāh � and said, “O Messenger of Allāh, I have

come to present myself to you in marriage.” So the Mesenger of Allāh � raised his

glance towards her and focussed it, and then lowered his head, so when she saw

that he had not given a judgment on the matter, she sat down.

If the woman had covered her face, the Prophet � could not have raised his glance

nor focussed it on her at length. It has not been narrated that she only did this for

the marriage proposal, and later covered her face; rather it is narrated that she

simply sat down, and one of the Companions in the gathering saw her, and asked

the noble Messenger to marry her to him.

29 (Translator’s comment:) Nawawī states in his commentary on Muslim’s Ṣaḥīḥ, vol. 9, p. 178, where this ḥadīth has been recorded (3393), that women are described as such in terms of their effect on men. It is clear that Nawawī is not criticising women for this in any way whatsoever. Rather he mentions that Allāh has created men in such a way that they naturally incline towards women. 30 Ibid. 31 Literally, fulāna, and thus an unspecified female. 32 Albānī mentions it in his Silsila al-Aḥādīth al-Ṣaḥīḥa (235).


12

7777.... The The The The ḥadīḥadīḥadīḥadīthththth of the young woman from of the young woman from of the young woman from of the young woman from KhKhKhKhathathathathʿam and Faḍl b. ʿAbbās:ʿam and Faḍl b. ʿAbbās:ʿam and Faḍl b. ʿAbbās:ʿam and Faḍl b. ʿAbbās:

Nasāʾī narrates on the authority of Ibn ʿAbbās �, “that a woman from Khathʿam

sought a fatwā from the Messenger of Allāh � during the Farewell Pilgrimage, when

Faḍl b. ʿAbbās was riding with him.” In the ḥadīth he mentions that, “Faḍl looked

towards the woman, who was remarkably beautiful, so the Messenger turned Faḍl’s

face to the other side.”

Ibn Ḥazm says about this incident that,

If the face were part of the ʿawra and required covering, he would not have

consented to her exposing it in the presence of people. Rather, he would have

commanded her to drape something over it; and if her face were covered, Ibn

ʿAbbās would not have been able to know whether she was beautiful or ugly. So all

that we have said is most certainly correct, and all praise is due to Allāh in

abundance!

Tirmidhī narrates this story in the form of a ḥadīth narrated by ʿAlī , where he

adds that the Prophet � turned Faḍl’s face away, and Faḍl’s father, ʿAbbās asked, “O

Messenger of Allāh, why do you turn your nephew’s face away from the woman?”

He replied, “I saw a young man and young woman, and I feared for their safety from

the devil.” Tirmidhī states that the ḥadīth is authentic (ḥasan ṣaḥīḥ).33

The polymath, Shawkānī, states that,

Ibn al-Qaṭṭān derives from this ḥadīth that it is permissible to look at a woman’s

face if one does not fear sexual desire, since he did not tell her to cover her face;

and had ʿAbbās not considered looking to be permissible, he would not have asked

the question, and if what he thought were not permissible, the Prophet � would

not have consented to his thinking so.34

He continues in Nayl al-Awṭār, stating that,

This ḥadīth can be used to prove that the aforementioned verse on the ḥijab35 [i.e.

the verse, ��And when you ask of [the Prophet’s wives] anything, ask it of them And when you ask of [the Prophet’s wives] anything, ask it of them And when you ask of [the Prophet’s wives] anything, ask it of them And when you ask of [the Prophet’s wives] anything, ask it of them

from behind a from behind a from behind a from behind a screenscreenscreenscreen ((((ḥijābḥijābḥijābḥijāb))))��]36 applies only to the Prophet’s wives, because the

story of Faḍl took place in the Farewell Pilgrimage ten years after the hijra, while

33 Tirmidhī, Sunan, Abwāb al-Ḥajj (775). 34 Shawkānī, Nayl al-Awṭar, vol. vi, p. 172. 35 It should be noted that the Qurʾān uses khimār to refer to the headscarf, whereas the ḥijāb is a curtain or screen in the house of the Prophet � behind which the Prophet’s wives would reside if the Prophet � had any visitors. Thus in the Qurʾān, the word ḥijāb only applies to the Prophet’s wives, but the term khimār applies to all believing women. In modern usage, the term ḥijāb has come to mean the Qurʾānic khimār. 36 Qurʾān, 33:53.


13

the verse of the ḥijāb concerns the marriage of Zaynab which took place in the fifth

year after the hijra.37

8888.... Other Other Other Other ḥadīḥadīḥadīḥadīthththths:s:s:s:

Among the ḥadīths that may be used as evidence in this issue is the one in Muslim on

the authority of Jābir b. ʿAbd-Allāh in which he says,

I was with the Messenger of Allāh � on the day of ʿĪd, and he began the prayer

before the sermon.... Then he kept walking until he reached the women and

exhorted them saying, “Give in charity, for indeed most of you are fuel for the Fire!

Then one of the best women, with rosy cheeks, stood up and asked, “why is that, O

Messenger of Allāh? He replied, “because you complain much, and are ungrateful.”

So they began donating their jewellery, tossing into Bilāl’s cloth their earrings and

rings.

How could Jābir have known that she had rosy cheeks if her face were covered

with a niqāb?

Bukhārī also narrates the story of the ʿĪd prayer, but on the authority of Ibn ʿAbbās,

saying that he attended the ʿĪd prayer with the Messenger of Allāh �, and that he

delivered the sermon after the prayer, and then went with Bilāl to the women and

exhorted them to give in charity. Ibn ʿAbbās added, “I saw them lowering their

hands into Bilāl’s cloth, tossing into it their jewellery.” Ibn Ḥazm notes that, “Here

we have Ibn ʿAbbās in the presence of the Messenger of Allāh � seeing their hands,

so it is true that a woman’s hand and her face are not part of her ʿawra.38

Muslim and Abū Dāwūd also narrate this ḥadīth, and here I use Abū Dāwūd’s

version, on the authority of Jābir,

that the Prophet � stood on the day of ʿĪd al-Fiṭr and prayed before delivering the

sermon. Then he delivered the sermon, and when the Prophet of Allāh � finished,

he descended from the pulpit, came before the women and exhorted them while

leaning on Bilāl’s arm. Bilal had spread his cloth, and the women were casting their

charity into it. A woman would throw her fatakh into it, and others would cast one

item after another.39

Ibn Ḥazm states that, “Fatakh are large rings that they used to wear on their fingers,

and if it were not for their hands being visible, they would not have been able to

throw them.”40

37 Ibid. 38 Ibn Ḥazm, Muḥallā, vol. iii, p. 270. 39 Abū Dāwūd, Sunan, (1141). Also narrated by Nasāʾī. 40 Ibn Ḥazm, Muḥallā, vol. xi, p. 221, (1881).


14

Among such ḥadīths are those that have been narrated in the two authentic works41

on the authority of ʿĀʾisha, that “the believing women used to attend the dawn

prayer with the Prophet �, wrapped in woollen cloths, and then they would return

to their houses after completing the prayer, unrecognisable because of the

darkness.”

This indicates that they would have been recognisable if it were not for the

darkness, and this would only have been possible if their faces were exposed.

Another relevant ḥadīth is that which Muslim narrates in his Ṣaḥīḥ that, Subayʿa b.

al-Ḥārith was married to Saʿd b. Khawla, who was one of the men who had fought at

Badr, and that she had been bereaved of him in the year of the Farewell Pilgrimage

while she was pregnant. Shortly thereafter she gave birth, and when she recovered

from childbirth, she adorned herself for potential suitors, but was visited by Abū al-

Sanābil b. Baʿkak who told her, “Why do I see that you are adorned? Is it because you

wish to remarry? By Allāh, you are not permitted to marry until four months and

ten days have passed.” Subayʿa said, “when he told me that, I gathered my things in

the evening, went to the Messenger of Allāh �, and asked him about it, and he

informed42 me that I was permitted to marry from the time that I had given birth,

and told me that I should marry if I wished to.”

This ḥadīth shows us that Subayʿa appeared before Abū al-Sanābil while she was

adorned, even though he was not a maḥram43 of hers. In fact he was one of the

people who later proposed to her, and if her face were not exposed, he would not

have known whether she was adorned or not.

In another ḥadīth, narrated on the authority of ʿAmmār b. Yāsir �, “A man passed

by a woman, and having fixed his glance on her, walked into a wall and injured his

face causing it to bleed. So he came to the Messenger of Allāh �, his face flowing

with blood and said, “O Messenger of Allāh, I did such-and-such,” and the Prophet �

replied, “When Allāh wishes good for a servant of His, He hastens his punishment in

this world, and if He does not wish so, He lets him persist in his sin so that he may

be recompensed in full on the Day of Resurrection, as though he were a donkey.”

This indicates that the women would not cover their faces, and that there were

among them those whose beauty would attract the glances of men to the extent

that they would walk into walls, and bleed as a result!

41 I.e. Bukhārī and Muslim. 42 Literally, “gave me a fatwā”. 43 A relative, e.g., a sibling, who it is impermissible to marry and before whom a woman may show

more than what she may display in public.


15

9999.... The Companions deemed wearing the The Companions deemed wearing the The Companions deemed wearing the The Companions deemed wearing the niqniqniqniqāb āb āb āb unusual:unusual:unusual:unusual:

Indeed, it has been soundly reported in the sunna that a woman’s wearing the niqāb,

when it occasionally occurred, was considered a strange thing that would attract

attention and elicit enquiries. Abū Dāwūd narrates in his Sunan on the authority of

Qays b. Shammās that he said,

Once a woman called Umm Khallād came to the Prophet � wearing a niqāb and

asked about her son who had been killed. One of the Companions of the Prophet �

exclaimed, “You come to ask about your son wearing a niqāb?! She replied, “I have

already been deprived of my son; I will not also be deprived of my modesty (ḥayāʾī)!”

If the niqāb were a commonplace thing for women in that time, there would have

been no justification for the narrator’s saying that she had come wearing a niqāb,

and it would not have made sense for the Companions to have deemed it unusual

and exclaim, “You have come to ask about your son wearing a niqāb?” The response

of the woman indicates that it was her sense of modesty that caused her to wear the

niqāb and not a command from Allāh or His Messenger �, for if the niqāb were a

legal obligation, she would not have given this response. In fact the question itself

would not have arisen, for a Muslim is not asked why he prays or pays zakāh, and as

the established maxim points out, “whatever has come based on a sound legal basis

(sharʿī aṣl) is not asked about its justification.”

10101010.... The need to interact with others requires that one be identified:The need to interact with others requires that one be identified:The need to interact with others requires that one be identified:The need to interact with others requires that one be identified:

Indeed the need for women to interact with others in matters of everyday life

necessitates her individuality be recognised by those who have dealings with her,

whether she is a customer, a salesperson, an agent [...], a witness, a plaintiff, or a

defendant. Therefore, we find that the jurists are in agreement that a woman must

uncover her face if she appears before a court so that she may be identified by the

judge, the witnesses, and the opposing parties in the lawsuit. It is not possible to

identify and recognise her to be “so-and-so the daughter of so-and-so” as long as

her face is already known to people, for otherwise exposing her face to a court is of

no use.

�

The Evidence of Those Who Say that Wearing the The Evidence of Those Who Say that Wearing the The Evidence of Those Who Say that Wearing the The Evidence of Those Who Say that Wearing the NiqNiqNiqNiqābābābāb is Obligatoryis Obligatoryis Obligatoryis Obligatory

These are the most prominent proofs for the stance of the scholarly majority

(jumhūr); so what about the proofs of those who differ with them, who are in the


16

minority? The truth is that I have not been able to find, in favour of obligating

women to wear the niqāb and covering their face and hands, any soundly

transmitted legal proof that is unobjectionably explicit in its meaning in a way that

one’s heart may be content with, and one’s soul may find rest in. All that they have

is unclear (mutashābih) texts that are contradicted by the clear (muḥkam) texts and

go against patent proofs.

�

I will mention here the strongest of what they use as evidence, and reply to them:I will mention here the strongest of what they use as evidence, and reply to them:I will mention here the strongest of what they use as evidence, and reply to them:I will mention here the strongest of what they use as evidence, and reply to them:

a. Among them is what is narrated by some of the commentators on the verse of

the jilbāb (pl. jalābīb)))) in Sura al-Aḥzāb, ��O Prophet, tell your wives, daughters, and O Prophet, tell your wives, daughters, and O Prophet, tell your wives, daughters, and O Prophet, tell your wives, daughters, and

the belthe belthe belthe believing women for them to draw near themselves ieving women for them to draw near themselves ieving women for them to draw near themselves ieving women for them to draw near themselves [[[[partpartpartpart]]]] of their outer of their outer of their outer of their outer

garments (garments (garments (garments (jaljaljaljalābībābībābībābīb). That is better, so that they may be recognised and not ). That is better, so that they may be recognised and not ). That is better, so that they may be recognised and not ). That is better, so that they may be recognised and not

harmedharmedharmedharmed��.44 It has been narrated by a large number of the early commentators

that the meaning of drawing their outer garments near themselves is that they

should cover their faces in their entirety so that none of it should appear apart

from one eye so that they may see with it.

Among the people this has been narrated from are Ibn Masʿūd, Ibn ʿAbbās, and

ʿAbīda al-Salmānī, among others, but there is no agreement on the meaning of

“jilbāb”or the meaning of “idnāʾ”45 in the verse. It is also astonishing that this

should be narrated from Ibn ʿAbbās from whom the contrary opinion has been

narrated in the commentary of the verse in Sura al-Nūr, ��except what [usually] except what [usually] except what [usually] except what [usually]

appears of itappears of itappears of itappears of it��!!!!46464646 Even more astonishing is that some of the commentators should

narrate both these statement, and then choose in Sura al-Aḥzāb the opposite of

what they gave preference to in Sura al-Nūr!

Indeed Imām Nawawī mentions in his commentary on Ṣaḥīḥ Muslim in the ḥadīth

of Umm ʿAṭṭiyya concerning the ʿĪd prayer and that some of the women did not

have a jilbāb [...], that

Al-Naḍr b. Shumayl states that the jilbāb is a piece clothing, shorter and wider

than the khimār (headscarf), and it is the miqnaʿa (veil) that a woman uses to

cover her head; and some say47 it is the wide garment that is less than a ridāʿ

44 Qurʾān, 33:59. 45 This is the verbal noun of the verb used in the verse. 46 Qurʾān, 24:31. 47 Literally, “it has been said”, i.e. qīl. For the rest of the translation, in similar contexts, I translate qīl in this way.


17

(cloak) in size with which she covers her bosom and back; and some say, it is

like a mulāʾa (wrap); and some say it is a milḥafa (mantle); and some say it is a

khimār (headscarf).48

In any case, the verse, ��draw near themselves [part] of their outer garments draw near themselves [part] of their outer garments draw near themselves [part] of their outer garments draw near themselves [part] of their outer garments

((((jaljaljaljalābībābībābībābīb))))��, does not necessitate covering the face, neither in its linguistic

implication, nor in its customary application. Such an inference from the verse

is not found in the proof texts of the Book, or the sunna or the consensus (ijmāʿ),

and the statement of some exegetes that it does necessitate it, is contradicted by

statement of others who say that it does not necessitate it, as stated by the

author of Aḍwāʾ al-Bayān. Thus this verse may not be used as proof for the

obligation of covering the face.

b. What has been narrated from Ibn Masʿūd concerning the exegesis of the verse

��and let them not disand let them not disand let them not disand let them not display their beauty (play their beauty (play their beauty (play their beauty (zzzzīnaīnaīnaīna) except what [usually] appears of ) except what [usually] appears of ) except what [usually] appears of ) except what [usually] appears of

itititit��,49 that what appears from it is the cloak and the outer clothes.

This exegesis is contradicted by what has reached us authentically from the

Companions other than him, including Ibn ʿAbbās, Ibn ʿUmar ʿAʾisha, and Anas

�, and others from the Successors (tābiʿīn); that it refers to koḥl and rings, or

their places of the face and hands, and Ibn Ḥazm has noted that these reports

are absolutely authentic.

This interpretation is supported by what has been mentioned by the erudite

scholar Aḥmad b. Aḥmad al-Shinqīṭī in Mawāhib al-Jalīl min Adillat Khalīl, who

states,

The one who clings to Ibn Masʿūd’s interpretation that ��except what [usually] except what [usually] except what [usually] except what [usually]

appears of itappears of itappears of itappears of it�� refers to a wrap is responded to by pointing out that the best

interpreter of the Qurʾān is the Qurʾān; that it has interpreted the beauty of a

woman as being her jewellery. Allāh � says, ��And let them not strike their feet And let them not strike their feet And let them not strike their feet And let them not strike their feet

so that what they conceal of their beautyso that what they conceal of their beautyso that what they conceal of their beautyso that what they conceal of their beauty50505050 ((((zzzzīnaīnaīnaīna) may be known) may be known) may be known) may be known��,51 thus it is

obligatory to understand a woman’s beauty as referring to her jewellery.52

This is confirmed by what we have mentioned already; that the exception in the

verse is to be understood as intending a dispensation and easing, and the

appearance of outer clothes such as a robe (ʿabāʾa), a wrap, or something similar

to them is an inevitability that involves no dispensation or easing.

48 Nawawī, Sharḥ Ṣaḥīḥ Muslim, vol. ii, p. 542. 49 Qurʾān, 24:31. 50 That is, anklets and similar ornaments. 51 Qurʾān, 24:31. 52 Mawāhib al-Jalīl, vol. i, p. 148, Doha: Idāra Iḥyāʾ al-Turāth al-Islāmī fī Qaṭar.


18

c. What the author of Aḍwāʾ al-Bayān has mentioned as proof in the verse, ��And if And if And if And if

you ask [the Prophet’s wives] for anything, ask themyou ask [the Prophet’s wives] for anything, ask themyou ask [the Prophet’s wives] for anything, ask themyou ask [the Prophet’s wives] for anything, ask them from behind a screen from behind a screen from behind a screen from behind a screen

((((ḥijābḥijābḥijābḥijāb). That is more pure for your hearts and their hearts). That is more pure for your hearts and their hearts). That is more pure for your hearts and their hearts). That is more pure for your hearts and their hearts��.53

Thus Allāh’s reason for this ruling is that the obligation of placing the screen

due to its being more pure for the hearts of the men and women, protecting

them from misgivings (rība), in the verse ��That is more pure for your hearts and That is more pure for your hearts and That is more pure for your hearts and That is more pure for your hearts and

their heartstheir heartstheir heartstheir hearts�� is a clear contextual indicator as to the aim of the ruling—no one,

among all the Muslims, has said that people other than the wives of the Prophet

� do not need purification of their hearts.

However, one who reflects on the verse and its context will find that the

“purification” mentioned as the reason is not from the likelihood of misgivings

from a given group of people. Rather these kind of misgivings are remote from

this situation. It is inconceivable that the Mothers of the Believers or those who

visit them from among the Companions would be subject to these kinds of

misgivings in their hearts. Rather the purification is from the mere thought of

legitimate marriage that might pass through the minds of either party after the

death of the Prophet �.

As for the citing, by some of them, of the selfsame verse, ��ask them from behind ask them from behind ask them from behind ask them from behind

a screen (a screen (a screen (a screen (ḥijābḥijābḥijābḥijāb))))�� as proof for women’s obligation to cover their faces, it is

inadmissible as it is exclusively for the Wives of the Prophet, as is obvious. And

the statement of some that consideration is given to the general applicability of

the phrase rather than the specific reason for which the verse was revealed, this

does not apply here, as the phrase is not a general (ʿāmm) one. Additionally, the

analogical reasoning (qiyās) of some who claim that all women are comparable

with the Wives of the Prophet is rejected, as it applies analogical reasoning in

non-analogous cases (qiyās maʿa al-fāriq), as they have stricter rulings than

others, and this is why Allāh says, �O Wives of the Prophet, you are not like any

other women��.

d. What has been narrated by Aḥmad and Bukhārī on the authority of Ibn ʿUmar,

that the Prophet of Allāh said, “A Muslim women in a state of iḥrām should not

cover her face, and she should not wear gloves.” This indicates that the niqāb

and gloves were known to women who were not in a state of iḥrām.

We do not deny that some women, not in a state of iḥrām, would choose to wear

the niqāb and gloves, but where in this is the evidence for its being an

obligation? In fact, if this were used as evidence for the contrary, that would

have made sense, for indeed the prohibitions applied to one in a state of iḥrām

are things that are usually permitted, such as wearing sewed garments, using 53 Qurʾān, 33:53.


19

perfume, or hunting—none of these were obligatory and then became

impermissible in the state of iḥrām.

For this reason, many of the jurists—as we have mentioned before—used this

very ḥadīth as evidence to show that the face and hands are not part of the

ʿawra, otherwise it would not have been obligatory to expose them.

e. What Aḥmad, Abū Dāwūd, Ibn Mājah, and Bayḥaqī narrate on the authority of

ʿĀʾisha who said, “Riders would pass by us when we were in a state of iḥrām with

the Messenger of Allāh �, and when they would be next to us, one of us would

drape her jilbāb from on top of her head over her face, and when they passed, we

would remove it.

This ḥadīth is no proof for a number of reasons:

1. The ḥadīth is weak (ḍaʿīf) as in its chain is Yazīd b. Abī Ziyād, who has been

criticised, and weak ḥadīths may not be used as proof in legal rulings.

2. This act of ʿĀʾisha’s, may Allāh be pleased with her, does not indicate that it

is obligatory, for the acts of the Messenger himself does not indicate that

something is obligatory, so what of the acts of others?

3. What is known in jurisprudence that if incidents can be interpreted in a

variety of ways, they become ambiguous and therefore cannot be used as

proof; and there is the likelihood here of this ruling being specifically for the

Mothers of the Believers, among the rules that apply specifically to them,

such as the impermissibility of their getting married after the death o] the

Messenger of Allāh �, and so on.

f. What Tirmidhī has narrated from the Prophet that, “A woman is ʿawra; when she

steps out, Satan looks upon her.” Tirmidhī states that the ḥadīth is soundly

authentic (ḥasan ṣaḥīḥ), and some of the Shāfiʿīs and Ḥanbalīs took from it that

the entirety of a woman is her ʿawra, and they did not except from it the face,

the hands or the feet.

But the correct opinion is that the ḥadīth does not imply this “entirety” that

they mention; rather it is evidence that the rule regarding women is one of

chastity and covering, not exposure and debasement, and it is enough in

proving this that most of her body be ʿawra. And if the ḥadīth were to be taken

literally, it would not have been permissible to expose any part of her, whether

in prayer or in ḥajj, and this is most certainly contrary to the sound position.

How can it be imagined that the face and hands are part of the ʿawra while there

is agreement that they are to be exposed in prayer, and that it is obligatory that

they be exposed in the state of iḥrām?


20

g. There is a piece of evidence in which the callers to the niqāb take refuge if they

do not find strong evidence in the texts,54 and that is Impeding the Means (sadd

al-dharāʾiʿ) that may lead to the sinful, for this is the weapon that is unsheathed

when all other weapons are wanting.

Sadd al-dharāʾiʿ means prohibiting something that is permitted (mubāḥ) for fear

that it may lead to the impermissible (ḥarām), and it is a matter concerning

which the jurists have differed—some of them permitting it, and others

prohibiting it; some applying it broadly, others applying it narrowly. Ibn

Qayyim, in his Iʿlām al-Muwaqqiʿīn has given ninety nine proofs for its legitimacy.

However, what is established among the rigorous scholars (muḥaqqiqūn) of

Sacred Law and jurisprudence is that excessive impeding of the means to the

sinful is similar to excessive facilitating of the means to the sinful, in the same

way that excessive facilitating of the means potentially leading to the sinful can

harm people’s religion and worldly affairs. Indeed, excessive impeding of the

means that may lead to sin can also result in harming the interests of people in

this world and the next.

If the Law Maker facilitates anything in His texts or rules, we should not impede

it based on our opinions and fears, thereby permitting what Allāh has

prohibited, or prescribe that which Allāh has not permitted.

Indeed the Muslims in previous times have been severe in their restrictions

under the rubric of ‘impeding the means to fitna’, preventing women from going

to the mosque, thereby depriving her of much good; and her father and husband

were not able to provide a substitute for what the mosque could give her of

knowledge or exhortations that could benefit her. The result was that many

Muslim women would live and die without having bowed to Allāh even once!

This is despite the authentic and explicit ḥadīth which states, “Do not prevent

Allāh’s female servants from attending the Mosques of Allāh.”55

At one point, debates raged among the Muslims concerning the permissibility of

women’s learning, and her going to schools and universities, and the proof of

the prohibitionists was impeding the means (sadd al-dharīʿa), for an educated

woman is more capable of flirtation, and so on. The debate was concluded by

everyone agreeing that a woman should learn all things that benefit her, her

family, and her society, whether it is worldly or religious knowledge; and this

became widespread in all Muslim countries, without anyone objecting to any of

it, except for things that contravened Islamic norms or rulings.

54 I.e. the Qurʾān and Sunna 55 Narrated in Muslim


21

In fact, the rules and norms that the Law (Sharīʿa) has laid down suffice us in

impeding the means that lead to corruption and tribulation, such as the

obligatory dress code, the prohibition of inappropriate dress (tabarruj), the

prohibition of khalwa, the obligation of seriousness and sobriety in speech,

walking and manner, with the obligation of lowering one’s gaze on the part of

believers, men and women. All of this spares us the need to think up of further

barriers from ourselves.56

h. Among the things that may also be used as evidence here is the general custom

(ʿurf) in accordance with which the Muslims have lived for many centuries—that

of covering women’s faces using a burqaʿ, niqāb, or something else.

Indeed, some of the jurists have said,

Custom must be taken into consideration

That is why the ruling may depend upon it.

Al-Nawawī and others have related on the authority of Imām al-Ḥaramayn—in

giving evidence to demonstrate the impermissibility of a woman looking at a

man—the consensus of the Muslims regarding the prevention of women going

out with their faces uncovered.

We refute this claim with the following:

1. That this custom is in contravention of the custom that was prevalent in the

time of the Prophet �, the time of the Companions and the best of

generations, and they are the ones who are to be followed for guidance.

2. That this was not a widespread custom, rather it was in some towns and not

in others and in cities and not in villages and the countryside, as is well

known.

3. That the action of one who is divinely protected from error (maʿṣūm)—that is

the Prophet �—does not indicate something’s being obligatory. Rather it

only indicates permissibility and legitimacy as is well established in legal

theory (usūl). Then how can it be established based on the actions of the

Prophet �? Thus this custom—even if we assume that it is widespread—does

not indicate anymore than that those people deemed it good as a precaution

against social problems, and it does not indicate that they have made it a

religious obligation.

4. That this custom contravenes the present-day custom which need has given

rise to, which contemporary conditions have prescribed, and which

developments in life, the organisation of society and the changing state of

56 I.e. without religious justification.


22

women from ignorance to knowledge, and stillness to motion, and from

sitting at home to working in various fields has required. And whatever

rulings are based on custom in a given place or time, must change with

change in time and place.

�

Another specious aAnother specious aAnother specious aAnother specious argurgurgurgument:ment:ment:ment:

Finally, we present here a specious argument that has been mentioned by some

religious people who incline towards restricting women. Its essence is, “we accept

the evidence that you have presented as to the legitimacy of a woman uncovering

her face, just as we accept that women in the first era—the era of the Prophet � and

the righteous caliphs—did not wear niqābs other than in limited circumstances. But

we must recognise that that era was an exemplary era which had a moral purity and

spiritual eminence that kept people safe from the temptation of a woman

uncovering her face without anyone harming her. This is as opposed to our time in

which moral corruption and dissoluteness has become widespread, and temptation

(fitna) affects people everywhere; so is it not a priority that a woman covers her face

that she is not preyed on by ravenous wolves that lay in wait for her on every

path?”

My response to this specious argument is as follows:My response to this specious argument is as follows:My response to this specious argument is as follows:My response to this specious argument is as follows:

FirstlyFirstlyFirstlyFirstly: The first era, though it was truly an elusive and exemplary era, and

humanity has not seen its like in moral integrity and eminence, it was still no more

than a human era, however pious they may have been. For in them is human

weakness, human whims and human mistakes. Thus there were among them those

who commit adultery, and they were punished for it, and those who commit what is

less than adultery. There were transgressors amongst them and wanton people who

would harm women with their deviant behaviour; and the verse of Sura Aḥzāb that

commands believing women to draw their jilbābs upon themselves so that it may be

known that they are chaste, free women who may not be harmed: ��TTTThat is nearer so hat is nearer so hat is nearer so hat is nearer so

that they maythat they maythat they maythat they may be known and not harmedbe known and not harmedbe known and not harmedbe known and not harmed��.

Indeed verses were revealed in Sura Aḥzāb threatening these transgressors and

wanton people if they did not restrain themselves from their dishonourable

behaviour. Allāh says, ��If the hypocrites, those with diseased hearts, and those who If the hypocrites, those with diseased hearts, and those who If the hypocrites, those with diseased hearts, and those who If the hypocrites, those with diseased hearts, and those who

spread lies in Madina do not cease, we shall cause you to overpower them, then they spread lies in Madina do not cease, we shall cause you to overpower them, then they spread lies in Madina do not cease, we shall cause you to overpower them, then they spread lies in Madina do not cease, we shall cause you to overpower them, then they


23

will not bewill not bewill not bewill not be able to stay therein but for a little while. They are accursed; wherever able to stay therein but for a little while. They are accursed; wherever able to stay therein but for a little while. They are accursed; wherever able to stay therein but for a little while. They are accursed; wherever

they are found they shall be ceased and slaughteredthey are found they shall be ceased and slaughteredthey are found they shall be ceased and slaughteredthey are found they shall be ceased and slaughtered��.57

SecondlySecondlySecondlySecondly: The evidentiary texts of the Law—if they are authentic and explicit—are

characterised by general applicability and timelessness, for they are not evidentiary

texts for one or two eras, and thereafter they cannot be used. If this were true then

the Law would be temporary and not enduring and this would contradict the final

Law.

ThirdlyThirdlyThirdlyThirdly: If we were to go down this path, we would abrogate the Law based on our

opinions, for the stern zealots wish to abrogate all the lenient rulings claiming to be

scrupulous and precautious, and the lax wish to abrogate all the more rigorous

rulings claiming to be in line with contemporary developments and the like.

The correct view is that the Law judges and is not judged and is followed and does

not follow, and we are obligated to submit to the rule of the Law not the Law submit

to us—��Were the truth to submit to their whims, the heavens aWere the truth to submit to their whims, the heavens aWere the truth to submit to their whims, the heavens aWere the truth to submit to their whims, the heavens and the earth and nd the earth and nd the earth and nd the earth and

what is in them would become corruptedwhat is in them would become corruptedwhat is in them would become corruptedwhat is in them would become corrupted��.58

�

Considerations that give preference toConsiderations that give preference toConsiderations that give preference toConsiderations that give preference to the position of the scholarlythe position of the scholarlythe position of the scholarlythe position of the scholarly majority majority majority majority

((((jumhjumhjumhjumhūrūrūrūr))))

I believe that the matter has become clear after our mentioning the evidence of the

two parties, and it has become manifest to us that the opinion of the scholarly

majority is preferred by the evidence, sounder in speech59 and on the guided path.

However I will add here other considerations that give preference to this position

and which further strengthen the opinion of the scholarly majority and which will

ease the conscience of every devout Muslim woman so that she may follow this

opinion without any unease, Allāh willing.

There is no religious obligation or prohibition except on the basis of an authentiThere is no religious obligation or prohibition except on the basis of an authentiThere is no religious obligation or prohibition except on the basis of an authentiThere is no religious obligation or prohibition except on the basis of an authentic or c or c or c or

explicit textexplicit textexplicit textexplicit text

FirstlyFirstlyFirstlyFirstly: The operating assumption (aṣl) within Law is that people are free of religious

responsibility, so there can be no religious responsibility except through a

compelling text. This is why the issue of obligation and prohibition in religion is

57 Qurʾān, 33:60-61 58 Qurʾān, 23:71 59 A reference to the Qurʾānic verse 73:6.


24

something that must be treated rigorously and which should not be approached

with laxity, so that we do not compel people to do things that Allāh has not

compelled them to do. Nor should we prohibit them from things that Allāh has

made permissible, nor make permissible for them what Allāh has prohibited, nor

should we prescribe in religion what Allāh � has not permitted.

For this reason, the Imāms of the forebears would refrain from using the term

ḥarām except for those things which they knew to be prohibited with certainty, as

Ibn Taymiyya has related and as I have mentioned in my book, The Lawful and

Prohibited in Islam. The initial assumption in things and customary behaviour is

permissibility. So as long as one does not find an authentic and explicit text of

prohibition, the matter remains with the initial assumption of permissibility; and

the person who deems it permissible is not asked for evidence to that effect, since

what has come based on the initial assumption is not asked for justification, rather

the one who prohibits it is asked for evidence.

In relation to the topic of uncovering the face and hands, I do not find an authentic

explicit text indicating its prohibition, and had Allāh � willed its prohibition, He

would have prohibited it with a plain text that does away with all doubts. Allāh �

states, ��He has detailed for you what has been prohibited for you, except that which He has detailed for you what has been prohibited for you, except that which He has detailed for you what has been prohibited for you, except that which He has detailed for you what has been prohibited for you, except that which

you are compelled towardsyou are compelled towardsyou are compelled towardsyou are compelled towards��,,,,60606060 and we do not find this issue among the things that

He � has detailed for us, so it is not for us to be stern in relation to what Allāh �

has made lenient—so that it is not said to us that which was said to a people who

prohibited what food was permissible—��say, has say, has say, has say, has AllAllAllAllāhāhāhāh permitted you [to do this] or permitted you [to do this] or permitted you [to do this] or permitted you [to do this] or

do you attribute lies to Him?do you attribute lies to Him?do you attribute lies to Him?do you attribute lies to Him?��61

The changing of fatwThe changing of fatwThe changing of fatwThe changing of fatwās with the changing of times:ās with the changing of times:ās with the changing of times:ās with the changing of times:

SecondlySecondlySecondlySecondly: Indeed, what is well established and in relation to which there is no

disagreement, is that fatwās change with the change of time, place, custom and

circumstance. And I believe that our time, which has given women what it has

given, makes us adopt lenient stances which support women and strengthen their

personalities. For the opponents of Islam, including proselytisers to Christianity,

Marxists, secularists and others, exploit the poor circumstances of women in many

Muslim regions, and attribute it to Islam itself. They have tried to disfigure the

rulings of the Law (Sharīʿa) and its teachings regarding women, and they portray it

in a way that does not correspond with the realities that Islam brought.

From this I consider that among the things that give preponderance to certain

positions over others in our time is that it be an opinion in favour of women, fair

towards them and empowering them to pursue their God-given rights, as I have

made clear in my book, Ijtihād in Islamic Law. I prefer for a Muslim woman

60 Qurʾān, 6:119. 61 Qurʾān, 10:59.


25

preoccupied with daʿwa activities that she does not wear a niqāb so that she does not

place a barrier between herself and other Muslim women, and the interests of daʿwa

here are more important than adopting what she considers more precautious.

Widespread NWidespread NWidespread NWidespread Need eed eed eed (((( ʿʿʿʿumumumumūm alūm alūm alūm al----balwbalwbalwbalwāāāā))))

ThirdlyThirdlyThirdlyThirdly: Indeed among the things that are incontrovertible is that widespread need

Is a cause for clemency and lenience in Islamic Law, as the people who are involved

with fiqh (positive law) and usūl (legal theory) know well, and for which there is

much evidence. And necessity has become widespread in our time for women to go

out for school, university, the work place, hospital, the market and so on. Women

are no longer confined to the home as they previously were, and all of these things

oblige her to uncover her face and hands for the necessity of moving about and

interacting with people in giving and taking, buying and selling, understanding and

making others understand.

And would that matters were restricted to the permissible and the differed upon,

including the exposing of the face and hands. Rather it has transgressed to that

which is explicitly prohibited of exposing the arms, the legs, the heads and the

necks; and those Western innovations (bidaʿ) and ‘fashions’ have affected Muslim

women, and we have come to find Muslim women covered but uncovered, walking

with affectation and affecting others, who have been described in the authentic

ḥadīth in the most accurate of ways.

So how can we be stern with this matter given what we see before our very eyes of

laxity and slipping standards? Indeed the battle is no longer in the arena of the face

and the hands, whether it is permissible to expose them or not. Rather the real

battle is with those who wish to make the Muslim woman as though a copy of the

Western woman, even if that strips her of her Islamic identity so that she goes out

covered but uncovered, walking with affectation and affecting others.

It is not permissible for our sisters and daughters who wear niqāb, nor for our

brothers and sons from among the ‘callers to the niqāb’ that they direct their spears

and arrows towards their sisters who wear ḥijāb, or their brothers from among the

‘callers to ḥijāb’ because they have been convinced by the scholarly opinion of the

majority of the umma. Rather they should direct them towards the callers to

uncovering, nakedness and casting off of Islamic decorum. Indeed the Muslim

woman who adheres to the legal (sharʿī) ḥijāb frequently engages in a battle in her

milieu, with her family, and with society so that she can fulfil Allāh’s command to

wear the ḥijāb—so how can we say to her, “you are sinful and disobedient because

you do not wear the niqāb”?


26

Difficulty brings easDifficulty brings easDifficulty brings easDifficulty brings easeeee ((((alalalal----MashMashMashMashaaaaqqa Tajlib alqqa Tajlib alqqa Tajlib alqqa Tajlib al----TaysTaysTaysTaysīrīrīrīr))))

FourthlyFourthlyFourthlyFourthly: Indeed forcing a Muslim woman—especially in our time—to cover her face

and hands is an extremely constricting, difficult and harsh thing, and Allāh � has

denied the presence in His religion of constriction, difficulty and harshness, and has

established it based on mercy, ease, lightening and compassion. He � says, ��He has He has He has He has

not placed upon you anynot placed upon you anynot placed upon you anynot placed upon you any constriction in the religionconstriction in the religionconstriction in the religionconstriction in the religion��62; ��AllAllAllAllāhāhāhāh wishes for you ease wishes for you ease wishes for you ease wishes for you ease

and does not wish for you difficultyand does not wish for you difficultyand does not wish for you difficultyand does not wish for you difficulty��63; ��AllAllAllAllāhāhāhāh wishes to lighwishes to lighwishes to lighwishes to lighten things for you, and ten things for you, and ten things for you, and ten things for you, and

man has been created weakman has been created weakman has been created weakman has been created weak��.64

The Messenger � has said, “I have been sent with the True and Merciful Religion,”65

for it is true in its beliefs, merciful in its legal rulings. And the jurists have

established among their maxims (qawāʿid) that difficult circumstances are a cause

for clemency in legal rulings (al-mashaqqa tajlib al-taysīr). Our Prophet � has

commanded us to make things easy and to not make things difficult; to give glad

tidings and not drive people away. He has sent us as people who ease and not people

who cause difficulty.

�

Notes:Notes:Notes:Notes:

Here are some important notes that we should mention:

1. Exposing the face does not mean that a woman should fill it with makeup

and powders, and exposing the hands does not mean that she should keep

long nails and colour and manicure them. Rather she should go out modestly

without embellishment or adornment and whatever has been permitted

here is light beautification, as has been related on the authority of Ibn ʿAbbās

and others, that she may apply koḥl to her eyes, and wear rings on her

hands.

2. The stance that the niqāb is not obligatory does not mean that it is not

permissible, so whoever wishes to wear the niqāb, there is no problem in

doing that. In fact it may occasionally be recommended—in the opinion of

some who always incline towards preferring a more precautious position—if

she is beautiful and temptation towards her is feared, particularly if the

niqāb does not hinder her and does not make her the object of undue

attention. In fact many scholars have deemed it obligatory on her. However, 62 Qurʾān, 22:78. 63 Qurʾān, 2:185. 64 Qurʾān, 4:28. 65 Aḥmad, Musnad.


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I cannot find evidence that obligates her to cover her face when one fears

fitna (temptation), because this is something that cannot be measured, for

beauty itself is something subjective, and many a woman is deemed beautiful

by one person and ordinary or less than ordinary by another.

Some writers have mentioned that a woman should cover her face if a man

looks to her intending to derive pleasure from it or finding it! And how is a

woman supposed to know whether he is intending to derive pleasure from it

or finding it? It is more important for her, rather than to cover her face, that

she leaves the place of fitna and distances herself from him if she notices

this.

3. There is no necessary relation between exposing the face and the

permissibility of looking at it, for among the scholars there are those who

permitted exposing the face but do not permit looking at it except once in

passing; and among them are those who permit looking at what it is

permitted to uncover but without sexual desire. For if one feels desire or

intends it, looking is impermissible for him and this is the opinion I prefer.

And Allāh � grants success and guides along the correct path.

�

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