Assalamu’alaikum warahmatullahi wabarakatuh
We will provide both side evidences and conclusion is for readers INSHA`ALLAH
Evidences for those who say its obligatory
جلباب مع الادناء
Means to cover the whole body including the face, contrary to this those who consider it Mustahhab after discussing the linguistically meaning of this conclude it doesn’t include the face. To know the meaning of what is stated in the Quran we have to look what is mentioned in Hadith, there are many words Salat,Zakat,Hajj etc which we see their meaning what is mentioned in Hadith not dictionary. In none of the dictionary you will get meaning the of Salat that 5 times prayer with such and such action etc. It is amongst the Usool of Tafsir that the meaning we get from Hadith it should be given priority over the meaning of Lughat (Dictionary), Aqal and other Usools of Tafsir. So therefore it is clear from this hadith that Jilbab was used to cover the face at the time of Prophet (s) and Hazrat Aisha radiallahuanha known Arabic more than Imam Raghib, Ibn e Manzur, Ibn e Faris, Imam Khalil etc. It is mentioned in Bukhari
عَرَفَنِي حِينَ رَآنِي وَكَانَ رَآنِي قَبْلَ الْحِجَابِ فَاسْتَيْقَظْتُ بِاسْتِرْجَاعِهِ حِينَ عَرَفَنِي فَخَمَّرْتُ وَجْهِي بِجِلْبَابِي
Narrated by Aisha radiallahuanha Volume 6 Book 60 Number 274
He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: “Inna Lillahi wa inna ilaihi rajiun,” which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, “Inna Lillahi wa inna ilaihi rajiun,”
Some of the Munkir-e-Hijab can object this hadith is specified only for Azwat e Mutaharat, the answer to this is that بِجِلْبَابِي the way of this word proving its Generallity, because Hazrat Aisha (r) used the word Jilbab to hide her face which we find in this Ayat e Mubaraka and this ayat is not specified only for Azwaj-e-Mutaharat but also all Muslim Women as proven from the part of this ayahوَنِسَآءِ ٱلۡمُؤۡمِنِينَ .
يَـٰٓأَيُّہَا ٱلنَّبِىُّ قُل لِّأَزۡوَٲجِكَ وَبَنَاتِكَ وَنِسَآءِ ٱلۡمُؤۡمِنِينَ يُدۡنِينَ عَلَيۡہِنَّ مِن جَلَـٰبِيبِهِنَّۚ ذَٲلِكَ أَدۡنَىٰٓ أَن يُعۡرَفۡنَ فَلَا يُؤۡذَيۡنَۗ وَكَانَ ٱللَّهُ غَفُورً۬ا رَّحِيمً۬ا
O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, so that they may be recognised and not annoyed. Allah is ever Forgiving, Merciful. [Surah Ahzab 33:59]
How it is possible in the same ayah when the Azwaj-e-Mutahharat are given order along with believing women if it was fard for them how can it be possible from the same ayah that it is Mustahhab for believing women. Almost all of the Muffaserin have taken the meaning of face veil from جلباب مع الادناء.
يُدۡنِينَ عَلَيۡہِنَّ مِن جَلَـٰبِيبِهِنَّۚand the commentary of Mufasserin :
Almost all of the Muffaserin have taken the meaning of face veil from جلباب مع الادناء.
Now i will mention the Quotation of Muffasir, Fuqaha, Muhaddis, Mujtahideen, And Imam of Lughat.
a) Tafsir e Tabari (310 H) :
لا يتشبهن بـالإماء فـي لبـاسهنّ إذا هن خرجن من بـيوتهنّ لـحاجتهنّ، فكشفن شعورهنّ ووجوههنّ، ولكن لـيدنـين علـيهنّ من جلابـيبهنّ، لئلا يعرض لهنّ فـاسق، إذا علـم أنهنّ حرائر بأذى من قول.
When these Muslim women go out of home in necessary, so don’t imitate these slave women in clothes by keeping your hair and face open, rather cast out your garments over yourself so that should be known that these are Freed Women and should be saved from the wrong sayings of Fasiq.
b)Tafsir e Qurtubi (671 H):
لما كانت عادة العربيات التبذّل، وكنّ يكشفْن وجوههنّ كما يفعل الإماء، وكان ذلك داعية إلى نظر الرجال إليهن، وتشعب الفكرة فيهن، أمر الله رسوله صلى الله عليه وسلم أن يأمرهن بإرخاء الجلابيب عليهن إذا أردن الخروج إلى حوائجهن
Because this bad thing remained in Women of Arab, and they don’t cover their faces like slave women and this practice of them was a reason of Men looking at them and with respect to them this was leading them to transgression, So Allah commanded his Rasul to tell them that they should cast out their garments our their selves when they intended to go outside in any necessity.
.
c)Tafsir e Zamikhshiri (538 H):
تفسير الكشاف/ الزمخشري (ت 538 هـ) مصنف و مدقق
ومعنى { يُدْنِينَ عَلَيْهِنَّ مِن جَلَـٰبِيبِهِنَّ } يرخينها عليهنّ، ويغطين بها وجوههنّ وأعطافهنّ. يقال: إذا زل الثوب عن وجه المرأة: أدنى ثوبك على وجهك
فإن قلت: ما معنى { مِن } في { مِن جَلَـٰبِيبِهِنَّ }؟ قلت: هو للتبعيض. إلا: أن يكون معنى التبعيض محتمل وجهين، أحدهما: أن يتجلببن ببعض ما لهنّ من الجلاليب، والمراد أن لا تكون الحرة متبذلة في درع وخمار، كالأمة والماهنة [الخادمه] ولها جلبابان فصاعداً في بيتها. والثاني: أن ترخي المرأة بعض جلبابها وفضله على وجهها تتقنع حتى تتميز من الأمة
“The Meaning of { يُدْنِينَ عَلَيْهِنَّ مِن جَلَـٰبِيبِهِنَّ } is that they should hang the Jilbab over themselves and through it cover their faces and bodies, because when the cloth is moved from the face of woman it is to be said bring close to it”
“If someone asks in مِن جَلَـٰبِيبِهِنَّ
what is the meaning of مِن so i say مِن here is used for Tabaiz and it should be in the mind that in Tabaiz there are 2 Iehatmalat. One is that the woman shall wear the one Jilbab amongst many she has, means don’t get outside in a long shirt and in Khimar like a Slave Woman and a Professional Slave (by opening the face) when she has 2 or more than this Jilbab. The second summary of it is that the woman should hang some part of the Jilbab on her face (i.e bring some of the part ahead so that face shouldn’t be seen) so that there should be difference between her and Slave Woman”
d)Tafsir e Baghawi (516 H) :{ يٰأَيُّهَا ٱلنَّبِىُّ قُل لأَزْوَٰجِكَ وَبَنَاتِكَ وَنِسَآءِ ٱلْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِن جَلَـٰبِيبِهِنَّ } ، جمع الجلباب وهو الملاءة التي تشتمل بها المرأة فوق الدرع والخمار.
وقال ابن عباس وأبو عبيدة: أمر نساء المؤمنين أن يغطين رؤوسهن ووجوههن بالجلابيب إلا عيناً واحدة ليعلم أنهن حرائر.
Jilabib is the plural of Jilbab and this is the cloth which a woman cast out over their shirt and headscarf.
It is reported from Ibn e Abbas and Abu Ubaida that women are ordered to cover their head and face with Jilbab and should open only one eye so that they should be known they are freedwomen.
e)Tafsir of Abu Hayan (754 H):
تفسير البحر المحيط/ ابو حيان (ت 754 هـ) مصنف و مدقق
و { عليهن }: شامل لجميع أجسادهن، أو { عليهن }: على وجوههن، لأن الذي كان يبدو منهن في الجاهلية هو الوجه
And { عليهن } includes the whole body of them (i.e women) or { عليهن }means only face, because in the times of ignorace the women used reveal their faces.
f)Abu Bakar Al Jassas (370 H):
Abu Bakr said regarding the Tafsir of this Ayat that this Ayat is proving that a young woman is given order to hide her face from stranger man.
And in this Ayat there is also a guidance present for this side that for a slave woman it is not neccesary to hide her face, because Allah swt says وَنِسَآءِ ٱلۡمُؤۡمِنِينَ so it is proven from this that this refers to Freed Muslim Women.
Scan Pages of this :
http://img26.imageshack.us/i/abubakrjassas3.jpg/
http://img543.imageshack.us/i/abubakrjassas2.jpg/
Evidences for those who say its Mustahab
This Group says that Face and Hands are not Awrah but it is Mustahab to Cover them and its not Obligatory. This part of the article is divided into following headings:
1. Surah Al Nur ayah 31 and Commentaries by Sahaba,Tabiyeen and
a). Ibne Hazam (d. 452 h)
b) Al Muhajabah website
c). Ibne Jareer
d). Zamakhsharee
e). Imam Fakhr ad-Din Razi
f). Imam Al Qurtubi
g). Tafsir al-Jalalayn
h). Tafsir Ibne Katheer
i). The Lawful and Prohibited in Islam
j). The Lawful and Prohibited in Islam Chapter 3 Tafsir of Fakhr al-Deen al-Razi,
k). Shaykh Al Bani
2. Madhab of Great Imams
A. Hanafi Madhab
B. Shafiee Madhab
C. Hanbalee Madhab
D. Malaki Madhab
3. Meaning of “they should not show their zenah (beauty/decoration)”
a) al-Baghawi (d.516h) says
b) Ibn al-Jauzi (d.597h) said
c) al-Nasafi (d.710h) says
d) al-Shawkani (d.1250h) says
4. Ahadeeth of Prophet peace be upon him
5. Meaning of Jilbab from Ibne Abbas
Details of Weak saying.
Details of Authentic Saying.
6). The Verse (display their beauty and ornaments except what ( must ordinarily ) appear therefore) is General not in the specific times of prayer
7. Arguments and reply
Argument no: 1 Bukhari Volume 6 Book 60 Number 274
Argument no: 2 Bukhair Volume 1, Book 8, Number 368
Argument no: 3 Abu Dawood, 1833; Ahmad, 24067
Argument no: 4 Tafsir Tabri Under 33:59
Argument no: 5 Abu Dawud Book 14, Number 2482:
Argument no: 6 Bukhari Volume 7, Book 72, Hadith # 715
Argument no: 7 Tirmidhee no: 833
Argument no: 8 Tirmidhee no: 1173
8. Related Links
A. A must See the Beautiful Article by Kevin Abdullah Karim
B. Also see this beautiful Answer by Islam City Team and they quoted Majority of the scholars
C. See the Wonderful research of a sister on Face Veil
D. Why I Wear Hijab And Not Niqaab
E. Some of the Fatwas by the Scholars and Muhadditheen of Our Era on Face Veil is Mustahab but not Obligatory.
i) Shaykh Nasir ud Din Al Bani Rahimullah, Muhaddith of This Era
ii). Ahmad Al Kutty (Islamic University of Madinah, Saudi Arabia:
iii). Abdul-Fattah ‘Ashoor (former head of the Islamic Studies Department in the Faculty of Education at Al-Azhar)
1. Allah says in Surah Al Nur ayah 31 “And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty”
There are different opinions of Sahaba and Tabeien Regarding the ayah (except what (must ordinarily) appear thereof)
When Ibne Abbaas (RA), the leading commentator of the Qur’an was asked about the verse mentioned above as to what it meant, he replied, “it refers to the face and hands”. [Collected by Ibn Abee Shaybah in al-Musannaf, Vol. 3, p. 540 & 541, hadith no. 16997 & 17012 and al-Bayhaqi in Sunan al- Kubraa. Al-Albaanee ruled in Jilbaab al-Mar’ah al-Muslimah, pp 59-60, that the isnaad of this statement is saheeh.]
a). Ibne Hazam (d. 452 h)said
وقد روينا عن ابن عباس في {ولا يبدين زينتهن إلا ما ظهر منها} قال: “الكف والخاتم والوجه”. وعن ابن عمر: “الوجه والكفان”. وعن أنس: “الكف والخاتم”. وكل هذا عنهم في غاية الصحة. وكذلك أيضا عن عائشة، وغيرها من التابعين
And It is Narrated from Ibne Abbas that he said (they should not display their beauty and ornaments except what (must ordinarily) appear thereof) Meaning Hands, Ring and Face. and From Ibne Omar meaning Face and Hands and from Anas MeaningHands and Ring… same is narrated by Aisha etc and Tabiyeen. [Al Mohalla 3/221]
b) He also said
{ ولا يضربن بأرجلهن ليعلم ما يخفين من زينتهن } . فأمرهن الله تعالى بالضرب بالخمار على الجيوب ، وهذا نص على ستر العورة ، والعنق ، والصدر . وفيه نص على إباحة كشف الوجه ; لا يمكن غير ذلك أصلا
God 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.
[ المحلى بالآثار » كتاب الصلاة أوقات الصلاة » مسألة العورة المفترض سترها على الناظر وفي الصلاة من الرجل]
c). Ibne Jareer quoted many opinions and Said:
وأولى الأقوال في ذلك بالصواب قول من قال: عُني بذلك الوجه والكفان، يدخل في ذلك إذا كان كذلك: الكحل والخاتم والسوار والخضاب، وإنما قلنا ذلك أولى الأقوال في ذلك بالتأويل: لإجماع الجميع على أن على كل مصلّ أن يستر عورته في صلاته، وأن للمرأة أن تكشف وجهها وكفيها في صلاتها، وأن عليها أن تستر ما عدا ذلك من بدنها إلا”
“The strongest and most accurate view is that which says that the exclusion (i.e. from what needs to be covered) refers to the face and the lower part of the hands up to the wrist. Also included are kohl, rings, bracelets and make-up. We say that this is the strongest and most accurate view because all scholars are unanimous that everyone who needs to pray must cover the awrah in his or her prayer. A woman may reveal her face and the lower part of her hands in her prayer while she must cover the rest of her body. What is not part of awrah is not forbidden to reveal.” ]
d). Zamakhsharee said
الصحيح أنه العضو كله كما فسرت مواقع الزينة الخفية، وكذلك مواقع الزينة الظاهرة: الوجه موقع الكحل في عينيه، والخضاب بالوسمة في حاجبيه وشاربيه، والغمرة في خديه، والكف والقدم موقعا الخاتم والفتخة والخضاب بالحناء. فإن قلت: لم سومح مطلقاً في الزينة الظاهرة؟ قلت: لأن سترها فيه حرج فإن المرأة لا تجد بدّاً من مزاولة الأشياء بيديها، ومن الحاجة إلى كشف وجهها، خصوصاً في الشهادة والمحاكمة والنكاح، وتضطر إلى المشي في الطرقات وظهور قدميها، وخاصة الفقيرات منهنّ، وهذا معنى قوله: { إِلاَّ مَا ظَهَرَ مِنْهَا } يعني إلاّ ما جرت العادة والجبلة على ظهوره والأصل فيه الظهور
….Why is the woman permitted to display ‘what is apparent of it’? Because to conceal that would cause her inconvenience. A woman is forced to deal in commodities with her hands. She is compelled by genuine need to expose her face especially at the times of giving evidence, litigating in court, and marriage. She is compelled to walk the streets and expose her feet, especially poor women. This is the meaning of ‘illa maa zahara min ha’, that is, what the situations of ordinary life compel her to expose”[from his tafsir of Surah an-Nur ayah 31 (Translated by Al Muhajaba)]
e). Imam Fakhr ad-Din Razi said: “Since the showing of the face and hands is necessary, the jurists had no choice but to agree that they are not awra”[from his tafsir of Surah an-Nur ayah 31 (Translated by Al Muhajaba)]
f). Imam Al Qurtubi said
قلت: هذا قول حسن، إلا أنه لما كان الغالب من الوجه والكفين ظهورَهما عادةً وعبادةً وذلك في الصلاة والحج، فيصلح أن يكون الاستثناء راجعاً إليهما.
“I say: Since the normal case is that a woman’s face and hands are revealed by the force of habit and for worship, as this is required in salat and hajj, then it is appropriate to say that the exemption applies to these”[from his tafsir of Surah an-Nur ayah 31 (Translated by Muhajaba)] g). Tafsir al-Jalalayn Says And tell believing women to lower their gaze, away from what is not lawful for them to look at, and to guard their private parts, from what is not lawful for them to do with them, and not to display their adornment except for what is apparent, namely, the face and the hands, which may be seen by a stranger, when there is no danger of [either or both falling into] temptation — this being one of two opinions. The second [of these] is that [even] this is forbidden because there is a presumption that these [parts] will cause temptation — and this is the preferred opinion, if one must settle this topic [with a definitive opinion]; and let them draw their veils over their bosoms, that is, let them cover up their heads, necks and chests with veils, and not reveal their, hidden, adornment, namely, all that is other than the face and the hands(end). [from the tafsir of Suran an-Nur ayah 31 ]
h). Tafsir Ibne Katheer says
“’…and to draw their veils all over Juyoobihinna ’ means that they should wear the outer garment in such a way as to cover their chests and ribs, so that they will be different from the women of the jaahiliyyah, who did not do that but would pass in front of men with their chests completely uncovered, and with their necks, forelocks, hair and earrings uncovered. So Allaah commanded the believing women to cover themselves, as He says:
‘O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks all over their bodies . That will be better, that they should be known (as free respectable women) so as not to be annoyed’ [al-Ahzaab 33:59]
And concerning this aayah
‘… and to draw their veils all over juyoobihinna’ – he said: khumur (veils) is the plural of khimaar, which means something that covers, and is what is used to cover the head. This is what is known among the people as a veil.
Sa’eed ibn Jubayr said: ‘and to draw’ means to pull it around and tie it securely.
‘their veils all over juyoobihinna’ means, over their necks and chests so that nothing can be seen of them.
Al-Bukhaari (4758) said: Ubayy told us from Yoonus from Ibn Shihaab from ‘Urwah that ‘Aa’ishah (may Allaah be pleased with her) said:
‘May Allaah have mercy on the early Muhaajir women. When Allaah revealed the aayah
“… and to draw their veils all over Juyoobihinna…”, they tore their aprons and covered themselves with them.’
Al-Bukhaari also said (4759): Abu Na’eem told us, Ibraaheem ibn Naafi’ told us, from al-Hasan ibn Muslim, from Safiyyah bint Shaybah that ‘Aa’ishah (may Allaah be pleased with her) used to say: when this aayah
‘…and to draw their veils all over Juyoobihinna …’ was revealed, they took their izaars (waistsheets) and tore them at the edges, and covered themselves with them.
Ibn Abi Haatim said: my father told us, Ahmad ibn ‘Abd-Allaah ibn Yoonus told us, al-Zanji ibn Khaalid told me, ‘Abd-Allaah ibn ‘Uthmaan ibn Khaytham told us, that Safiyah bint Shaybah said: whilst we were sitting with ‘Aa’ishah, mention was made of the women of Quraysh and how good they were. ‘Aa’ishah said that the women of Quraysh were indeed good, ‘but by Allaah I have never seen any better than the women of the Ansaar, or any women who believed more strongly in the Book of Allaah and had more faith in the Revelation. When Soorat al-Noor was revealed –
“…and to draw their veils all over Juyoobihinna …” [al-Noor24:31] –
their menfolk came back to them and recited to them what Allaah had revealed. No sooner had a man recited it to his wife, daughter, sister and all other female relatives, but they all went and picked up their embroidered aprons, and covered their heads with them, in obedience to the words of His Book that Allaah had revealed. The next morning they stood behind the Messenger of Allaah (peace and blessings of Allaah be upon him) with their heads covered, as if there were crows on their heads.’
(Narrated by Abu Dawood, 4100 with more than one isnaad from Safiyyah bint Shaybah). Ibn Jareer said (18120): Yoonus told us, Ibn Wahb informed us that Qarqarah ibn ‘Abd al-Rahmaan told him from Ibn Shihaab from ‘Urwah that ‘Aa’ishah said:
‘May Allaah have mercy on the first muhaajir women. When Allaah revealed the words
“…and to draw their veils all over Juyoobihinna …” [al-Noor24:31] –
they tore the edges of their aprons and covered their heads with them.’
(narrated by Abu Dawood, 4102, from the hadeeth of Ibn Wahb). [Tafseer Ibn Katheer al-Noor24:31]
i). The Lawful and Prohibited in Islam Chapter 3, The Halal And The Haram In Marriage And Family Life, The Display of Women’s Adornment: What Is and What Is Not
Thus far we have discussed the subject of the lowering of the gaze, which is commanded for both menand women in the two verses cited. These verses also contain other divine instructions. Says Allah Subhanahu wa Ta’ala: That they should…not display their adornment, except that which is apparent of it. (24:31)
The adornment of women includes both natural features such as the face, hair, and other attractive parts of the body, and artificial enhancement of beauty, such as the dress, ornaments, make-up, and the like. In this noble ayahAllah Ta’ala commands women not to show their adornment “except that which is apparent of it.”
There is some difference of opinion among scholars concerning the extent of this exception. Does it mean what is exposed by necessity and without intention, for example, if the wind exposes some part? Or does it mean what is customarily, or instinctively, or by its very nature exposed?
The majority of the early Muslim jurists accept the latter meaning. Ibn ‘Abbas interprets “except what is apparent of it” to mean kohl and a ring, and Anas has said something similar; the permissibility of showing the face and hands is implicit in the permissibility of showing kohl and a ring. Sa’id ibn Jubayr, ‘Ata and al-Awzai have stated explicitly that the showing of the face and hands is permissible. ‘Aishah, Qatadah, and others have added bracelets to what may be shown of the adornments; this interpretation implies that a part of the arm may also be shown. Various scholars have allowed the exposure of the lower part of the arm up to a length varying between about four inches to one-half of the arm.
On the other hand, others such as ‘Abdullah ibn Mas’ud, have restricted the application of “what is apparent” to what necessarily appears, such as the outer garment (abaya, jilbab, chaddor, burqa, and the like). My own preference lies with that group of the Companions and their immediate followers (This is the preferred opinion of al-Tabari, al-Qurtabi, al-Zamakhshari, al-Razi, and others from among the interpreters of the Qur’an, one may refer to their explanations of this verse of Surah al-Nun) who include the face, the hands, and their ordinary adornments, such as kohl and a ring in the application of the Qur’anic phrase, “except that which is apparent of it.”(end)
j). The Lawful and Prohibited in Islam Chapter 3, The Halal And The Haram In Marriage And Family Life
Consequently, with respect to non-mahrem men and non-Muslim women, a woman’s ‘awrah is her entire body with the exception of her face and hands, accordingto the interpretation we have preferred. We agree with al-Razi’s argument that Islam has permitted her to expose those parts of the body, the face and hands, which need to be exposed in order to carry out daily busiand for giving and taking; it has commanded her to cover what it is not necessary to expose, and has forgiven her accidental, inadvertent exposures or such exposures as are required by necessity. All this is in accordance with the flexibility of Islam. Says al-Razi, “Since the showing of the face and hands is necessary, the jurists had no choice but to agree that they are not ‘awrah, and since the showing of the feet is not necessary, they have differed concerning whether or not they are ‘awrah.” (Tafsir ‘awrah.”(Tafsir of Fakhr al-Deen al-Razi, vol. 20, pp. 205-206.)(end)
k). Shaykh Al Bani said
in Refuting Those who claim that, Its Ijma on Face is Included in Awrah he said in The Face Veil translated by Dr Abu Ameenah Bilal Philips an edited translation of a summarry of ar-Rad al–Mufhim
“The claim of a consensus (Ijmaa‘) on the face being considered ‘awrah.
Shaykh at-Tuwaijree claimed that scholars unanimously held that the woman’s face was ‘awrah and many who have no knowledge, including some Ph.D. holders, have blindly followed him. In fact, it is a false claim, which no one before him has claimed. The books of Hambalite scholars which he learned from, not to mention those of others, contain sufficient proof of its falsehood. I have mentioned many of their statements in Ar-Radd. For example, Ibn Hubayrah al-Hambalee stated in his book, al-Ifsaah, that the face is not considered ‘awrah in the three main schools of Islaamic law and he added, “It is also a narrated position of Imaam Ahmad.” Many Hambalite scholars preferred this narration in their books, like Ibn Qudaamah and others. Ibn Qudaamah in al-Mughnee explained the reason for his preference saying, “Because necessity demands that the face be uncovered for buying and selling, and the hands be uncovered for taking and giving.”(end quote of Al Albani)
2. Madhab of Great Imams
A. Hanafi Madhab
It is well-known that Imam Abu Hanifa held that women may display their faces and their hands. In fact, he even held that women could display their feet, which is not a position held by any of the other madhhabs, and not by all Hanafi scholars. it is mentioned in Bidayat al-Mujtahid wa Nihayat al-Muqtasid by Imam ibn Rushd, which is a guide to the differences of opinion in fiqh; and it has been cited in the major Hanafi fiqh guide Hidayat al- Muhtadi Sharh Bidayat al-Mubtadi (commonly referred to as “al-Hidayah”) by Burhan al-Din Abul-Hasan `Ali ibn `Abdul-Jalil Abu Bakr al-Marghinani al-Rushdani al-Hanafi. The face-and-hands-alone opinion has been mentioned by the Hanafi scholar Abu Bakr al-Jassas in Ahkam al-Qur’an and attributed to Imam Abu Hanifa by Ahmad ibn Naqib in his Umdat as-Salik.[Bidayat al-Mujtahid wa Nihayat al-Muqtasid(taken from the Article of Kevin Abdullah Karim)]
Abu Jafar Tahawi Hanafi said
أبيح للناس أن ينظروا إلى ما ليس بمحرَّم عليهم من النساء إلى وجوههن وأكفهن، وحرم ذلك عليهم من أزواج النبي . وهو قول أبي حنيفة وأبي يوسف ومحمد رحمهم الله تعالى
Sharah Ma`ani Al Athaar 2/392
It is mentioned in Kanz Ul Daqaiq 28:
بدن الحرة عورة إلا وجهها وكفيها؛ وفي القدم
It is mentioned in Fatawa Alamgiri Vol 1 pg 57 :
بدن الحرة عورة إلا وجهها وكفيها؛ وفي القدم
The Body of a Freed Woman is awrah except the face, hands and feet.
It is mentioned in Al Hidaya Vol 1 page 257 :
بدن الحرة عورة إلا وجهها وكفيها
The Body of a Freed Woman is awrah, except the Face and the hands.
It is mentioned in بدائع الصنائع في ترتيب الشرائع
فَلَا يَحِلُّ النَّظَرُ لِلْأَجْنَبِيِّ مِنْ الْأَجْنَبِيَّةِ الْحُرَّةِ إلَى سَائِرِ بَدَنِهَا إلَّا الْوَجْهِ وَالْكَفَّيْنِ
It is not permissible for a stranger man to look at a stranger woman except for her Face, and both of her hands.
Source: http://main.islamweb.net/newlibrary/display_book.php?bk_no=12&;ID=587&idfrom=2213&idto=2264&bookid=12&startno=6
B. Shafiee Madhab
Imam Ash Shafiee said
يجْزِي الرَّجُلَ وَالْمَرْأَةَ كُلَّ وَاحِدٍ أَنْ يُصَلِّيَ مُتَوَارِيَيْ الْعَوْرَةِ , وَعَوْرَةُ الرَّجُلِ مَا وَصَفْت ( أي بين السرّة والركبة ) وَكُلُّ الْمَرْأَةِ عَوْرَةٌ إلا كَفَّيْهَا وَوَجْهَهَا وَظَهْرَ قَدَمَيْهَا عَوْرَةٌ
“It is good enough for both men and women to pray with their ‘awrah covered. The man’s ‘awrah is what I have already described (i.e., from the navel to the knee), and all of a woman is ‘awrah, apart from her face and hands. The top of her feet is also ‘awrah.” [Kitab Al Umm 1/89]
.
Imam al-Nawawi wrote:
As for the free woman, her ‘awrah is her whole body except the face and the two hands, for Allah Most High said: “…they should not display their beauty and ornaments excepts what ( must ordinarily ) appear thereof…” ( Surah al-Nur, 24:31) . Ibn ‘Abbas said: “That which must appear is the face and the two hands.And the Prophet forbade the woman in ihram to put on the face veil or gloves. If the face and two hands were part of ‘awrah, he would not have forbidden them to cover them. At the same time, she may need to uncover them for such day to day matters as buying, selling, giving, talking, etc. So these two areas were made exceptions from ‘awrah.” The ‘awrah of the free woman is her whole body except the face and the two hands up to the wrist. Some of or Khurasan scholars are of the view that the soles of the feet are not ‘awrah. Al-Muzani, one of the great students of al-Shafi, said: “The two feet are not ‘awrah either.” ……………I mentioned what is well established of the Shafi’i school, that the ‘awrah of the woman is verything except the face and the two hands up to the wrists. Malik is of the same view and so are other group scholars. This is one of the views of ibn Hanbal, Abu Hanifah, al-Thawri and al-Muzani also include the two feet as being excepted from ‘awrah.:[Sharh al-Muhaththab, vol.3 p.173. See also “Hijab or Niqab’ by Syed Mutawalli ad-Darsh with an introduction by Mazheruddin Siddiqi, page 96 & 97 taken from the article of Kevin Abdullah Karim]
Mufti Tahaa Karaan ash-Shafiee clarified this issue in Shafiee Madhab and said
After relating from Imam al-Haramayn that there is agreement [ittifaq] on preventing women from going out with their faces uncovered, Ibn Hajar stated,
“What Imam al-Haramayn transmitted does not negate Qadi Iyad’s citation of an agreement [ijma] that it is not binding on a woman to cover her face in the street. Rather, it is sunnah, and men must lower their gazes; this is supported by the ayah. Women are not bound to uncover when the leader orders it, due to it being disliked [makruh]. – And, the leader may put a stop to what is disliked [makruh] when it is for a public benefit. – The obligation of covering is upon them without forbiddance, even though it is not nakedness [awrah]. Oversight of the public’s interest is specific to the leader or his deputies.” (Tuhfat al-Muhtaj 7/193)
Two points should be noted from the quotation:
1) The face and hands are not part of a woman’s awrah. Therefore, the default ruling is that they do not need to be covered.
2) The agreement related by Imam al-Haramayn is for a leader binding the state’s citizens on account of public interest, not because a shari’ principle makes it obligatory. This does not contradict the ijma that Qadi Iyad transmitted, which Imam Nawawi acknowledged.(end quote by Mufti Taha Karaan taken from his fatwa Women Covering the Face and Hands]
C. Hanbalee Madhab There are different sayings from Imam Ahmad some says whole Woman is Awrah and in a saying Face is not Awrah Imam Mardawi mentioned Correct Hanbalee Madhab By Saying
Mardawi Hanbalee said
الصحيح من المذهب أن الوجه ليس بعورة . وعليه الأصحاب . وحكاه القاضي إجماعا . وعنه الوجه عورة أيضا .
Correct Madhab is that face is not Awrah…Qadhi narrated Consensus. it is also narrated that face is awrah [Al Insaaf 1/452]
Imam Ibn Qudaamah Hanbalee said:“If a person deals with a woman when selling or renting, he may look at her face so he knows who she is, and may go back to her when the money is due (a guarantee of the price when the deal is finalized). It was reported that Ahmad said this was makrooh in the case of a young woman, but not in the case of an old woman, and in the case where there is fear of fitnah, or where there is no need for this business deal. But in cases where it is necessary, and there is no wrongful desire, then there is no harm in it.”[al-Mughni, 7/459; al-Sharh al-Kabeer ‘ala Matan al-Muqni’, 7/348 bi Haamish al-Mughni; al-Hidaayah ma’a Takmilat Fath al-Qadeer, 10/24].
Imam Ibn Qudaamah Hanbalee said:“The witness may look at the face of the woman against whom he is testifying so that his testimony will speak about her in specific terms. Ahmad said: ‘He cannot testify against a woman unless he knows who she is.’”[Al-Mughni, 7/459; al-Sharh al-Kabeer ‘ala Matan al-Muqni’, 7/348, bi haamish al-Mughni; al-Hidaayah ma’a Takmilat Fath al-Qadeer, 10/26].
D. Malaki Madhab
Malaki Madhab says that
Shaykh alBani Rahimullah said
وفي ” الموطأ” رواية يحيى (2/935):
” سئل مالك: هل تأكل المرأة مع غير ذي محرم منها أو مع غلامها؟ فقال مالك: ليس بذلك بأس إذا كان ذلك على وجه ما يُعرفُ للمرأة أن تأكل معه من الرجال قال: وقد تأكل المرأة مع زوجها ومع غيره ممن يؤاكله”.
قال الباجي في” المنتفى شرح الموطأ” (7/252) عقب هذا النص:
” يقضي أن نظر الرجل إلى وجه المرأة وكفيها مباح لأن ذلك يبدو منها عند مؤاكلتها”.
It is mentioned in Mawatta with the narration of Yahya 2/935, Malik was asked, “Can a woman eat with other than her relative or slave?” Malik said, “There is no harm in that if it is in a manner which is accepted for a woman to eat with men.”Malik said, “A woman sometimes eats with her husband and with others he dines with
Al-Baji said in his commentary of Mawatta 7/252It is decided that the glance of man towards the face and hands of woman is permissible because it is appearing while eating with her[Radd al-Mufhim Fifth chapter]
Abul Barakaat Ahmad bin Muhammmad al-Dardīr states
“the ʿawra of a free woman in relation to an unrelated man […] is her entire body, except the face and hands. As for these two, they are not a part of the ʿawra.”[taken from Shoaib webb`s website] Qaadi Abu Bakr ibn al-‘Arabi al-Maaliki (may Allaah have mercy on him) said different thing:
The entire woman is ‘awrah, her body and her voice, so it is not permissible to uncover that except in cases of necessity, such as when testimony is given against her, or medical treatment, or asking her about her health issues. [Ahkaam al-Qur’aan by Ibn al-‘Arabi (3/1578, 1579)]
3. Meaning of “they should not show their zenah (beauty/decoration)”
Taken from: http://www.muhajabah.com/docstorage/zena.htm
a) al-Baghawi (d.516h) says in Ma’alim al-Tanzil (vol.VI, p.34, Dar Tayyibah edition, 1994):
His saying “… they should not show their zenah (beauty/decoration)” means that they should not show their zenah to other than their mahram. By this what is meant is the hidden zenah, for there are two zenahs: hidden and open. The hidden type is things like the anklets, dye on the feet, bracelets on the wrist, earrings and necklaces. These it is not permissible for her to show, nor for the foreign man to look at. But what is meant by zenah is the place of zenah (in other words, where these jewels are placed).
His saying “… except what is apparent thereof” refers to the open zenah. The people of knowledge have diferred regarding this open zenah which Allaah the exalted made an exception for. Sa’id b. Jubayr, al-Dahhak and al-Auza’i said: it is the face and the hands. Ibn Mas’ud said: it is the clothes, as indicated by Allaah’s saying “… take hold of your zenah in every place of worship”(al-A’raf 31), and what was meant by that was the clothing.
al-Hasan said: the face and the clothes. Ibn ‘Abbas said: kohl (eyeshadow), and rings and dye (henna) on the hand. That which is from the open zenah is permissible for a man to look at if he does not fear trouble and desire. But if he fears any of that he should lower his eyes. And it has only been made permissible for the woman to display this much for it is not ‘aurah (private parts) and she is ordered to uncover this much in prayer. But the rest of her body is ‘aurah (private parts) which she must cover. His – exalted and mighty – saying “… and that they beat their khimars” means that they throw their veils “… over their breasts” and their chests so that they may cover their hair, their chests, their necks and their earrings. ‘A’isha said: May Allaah bestow His mercy on the first migrating women, who when Allaah the mighty and exalted revealed “and that they beat their khimars over their breasts” tore their garments and used them to cover themselves.
b) Ibn al-Jauzi (d.597h) said in Zad al-Masir (vol.V, pp.355-356, Dar al-Fikr, 1987):
His saying “they should not show their zenah” means they should not to other than their mahram. Their zenah is of two types: hidden, like the bracelets, earrings, bangles, necklaces and the like. And open, which is what is pointed to in His – the Most High’s – saying “except what is apparent thereof”. Regarding it there are seven opinions:
The first: that it is the clothing. Abul-Ahwas narrated it from Ibn Mas’ud, and in another wording he said: it is the loose outer garment.
The second: that it is the hands, the rings and the face.
The third: kuhl (eyeshadow) and rings. Sa’id b. Jubayr narrated both from Ibn ‘Abbas.
The fourth: the two types of bracelet, which are bracelets and rings, and kuhl. This was said by al-Miswar b. Makhramah.
The fifth: kuhl, rings and die. This was said by Mujahid.
The sixth: rings and bracelets. This was said by al-Hasan.
The seventh: the face and hands. This was said by al-Dahhak.(end)
c) al-Nasafi (d.710h) says in Madarik al-Tanzil (vol.II, p.500, Dar Ibn Kathir, 1998): “They should not show their zenah”zenah is what the woman uses to decorate herself in jewellery, or kuhl or dye. And the meaning: they should not show the places of zenah, for showing the zenah itself – which is jewellery and the like – is permissible. And what is intended by it is its place, or showing [the jewellery]. And the [jewels] are placed there to show off those places, not for showing of [the jewellery] in itself. And its places are the head, the ears, the neck, the chest, the upper arms, the lower arms, the shin, which are for the diadem, the earrings, the necklaces, the sash worn over the shoulder, the bracelet, the armlet and the anklet. “Except what is apparent thereof” Except what has become customary and is the nature to show, and that is the face, the hands and the feet, for in covering them is clear difficulty, as the woman has no way of getting around doing things with her hands. Also, there is the necessity of uncovering the face, particularly in the issue of witnessing, or trials, or marriage. It is also inevitable when walking the streets, as well as the showing of the feet, and particularly for poor women.
d). al-Shawkani (d.1250h) says in Fath al-Qadir (vol.IV, p.29, al-Maktabah al-‘Asriyyah, 1995): “They should not show their zenah” meaning what they use to adorn themselves, like jewellery and the like. In forbidding the showing of the zenah there is a prohibition of showing where the zenah is worn on their bodies even more so. Then He -may He be glorified- made an exception from this prohibition and said “except what is apparent thereof” The people have disagreed regarding the open zenah and what it is.
Ibn Mas’ud and Sa’id b. Jubayr said: the open zenah is the clothing, and Sa’id b. Jubayr added: the face. ‘Ata and al-Awza’i said: the face and the hands. Ibn ‘Abbas, Qatadah and al-Miswar b. Makhramah said: the open zenah is the kuhl, the toothpick, the dye till halfway up the shin, and the like, which it is permissible for the woman to show. Ibn ‘Atiyyah said: the woman should not show any part of her zenah and hides all of her zenah, and the exception refers to those things which become apparent by the rule of necessity.
It does not remain hidden that the clear meaning of the Qur’anic view is the prohibition of showing the zenah except that which appears of it, such as the jilbab, the khimar and the like -e.g. the jewels and similar things which are on the hand and the foot. If the meaning of zenah was the places [where the zenah is placed], the exception would go back to those things which it is difficult for the woman to cover, like her hands, feet and the like. And that is if the prohibition of showing the zenah necessitated prohibiting the showing of its place by sense of the discourse. However, it is possible that the exception refers to the two places we have mentioned(the face and hands). But if the zenah includes the places [where the zenah is worn] and what the women use to decorate themselves, then the issue is clear, and the exception is for all of it.
4. Ahadeeth of Prophet peace be upon him
a)Jareer ibn ‘Abdullaah said: “I asked the Messenger of Allaah (Peace & Blessings of Allaah be upon Him) about an accidental glance at a woman. He commanded me to turn my gaze away.” (Reported by al-Tirmidhi, who said: This is a saheeh hasan hadeeth. See al-Sunan, 2700).
.
Shaykh alBani Rahimullah said regarding this hadith that Ibn Muflih said in al-Aadaab ash-Shar‘iyyah 1/316
” هل يسوغ الإنكار على النساء الأجانب إذا كشفن وجوههن في الطريق؟
ينبني (الجواب) على أن المرأة هل يجب عليها ستر وجهها أو يجب غض النظر عنها؟ وفي المسألة قولان قال القاضي عياض في حديث جرير رضي الله عنه قال: سألت رسول الله صلى الله عليه وسلم عن نظر الفجأة؟ فأمرني أن أصرف بصري. رواه مسلم. قال العلماء رحمهم الله تعالى: وفي هذا حجة على أنه لا يجب على المرأة أن تستر وجهها في طريقها وإنما ذلك سنة مستحبة لها ويجب على الرجل غض البصر عنها في جميع الأحوال إلا لغرض شرعي. ذكره الشيخ محيي الدين النووي ولم يزد عليه”.
يعني: غي ” شرح مسلم” قبيل (كتاب السلام) وأقرَّه.
ثم ذكر المفلح قول ابن تيمية الذي يعتمد عليه التويجري في كتابه (ص170) وتجاهل أقوال جمهور العلماء وقول القاضي عياض الذي نقله المفلح وارتضاه تبعاً للنووي. ثم قال المفلح:
” فعلى هذا هل يشرع الإنكار؟ ينبني على الإنكار في مسائل الخلاف وقد تقدم الكلام فيه فأما على قولنا وقول جماعة من الشافعية وغيرهم: إن النظر إلى الأجنبية جائز من غير شهوة ولا خلوة.
“Is it correct to chastise marriageable women if they uncover their faces in the street?
The answer depends on whether it is compulsory for women to cover their faces or whether it is compulsory for men to lower their gaze from her. There are two positions on this issue.
Regarding the hadeeth of Jareer in which he said, “I asked Allaah’s Messenger about the sudden inadvertent glance and he instructed me to look away.” Al-Qaadee ‘Iyaad commented, “The scholars, May Allaah Most High have mercy on them, have said that there is proof in this hadeeth that it is not compulsory for a woman to cover her face in the street. Instead, it is a recommended sunnah for her to do so and it is compulsory for the man to lower his gaze from her at all times, except for a legislated purpose. Shaykh Muhyud-deen an-Nawawee mentioned that without further explanation.”
Then al-Muflih mentioned Ibn Taymiyyah’s statement which at-Tuwaijree relies on in his book (page 170), while feigning ignorance of the statements of the majority of scholars. Statements like those of al-Qaadee ‘Iyaad and an-Nawawee’s agreement with it.
Then al-Muflih said, “On the basis of that, is chastisement legal? Chastisement is not allowed in issues in where there is a difference of opinion, and the difference has already been mentioned. As regards our opinion and that of a group of Shaafi‘ite scholars and others, looking at a marriageable woman without desire or in a secluded circumstance is permissible. Therefore, chastisement is not proper.”[Ar-Rad al-Mufhim, The claim of a consensus (Ijmaa‘) on the face being considered ‘awrah]
b) Narrated Aisha, Ummul Mu’minin: Asma, daughter of AbuBakr, entered upon the Apostle of Allah wearing thin clothes. The Apostle of Allah turned his attention from her. He said: O Asma’, when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to her face and hands.(Narrated by Abu Dawood # 4092 Authenticated by Shaykh Al Bani)
Shaykh alBani said:
“The extremists have declared well-established reliable narrations as unreliable and feigned ignorance of strengthening narrations. They have further declared some narrations extremely inauthentic, like the Hadith of Ayshah concerning the woman who reaches puberty, “Nothing should be seen of her besides her face and hands.” They have persistently declared it inauthentic – the ignorant among them blindly following others devoid of knowledge. In so doing, they contradict those among the leading scholars of Hadith who strengthen it like Al-Bayhaqi and Ath-Thahabi. Most of them, including some prominent scholars, feign ignorance of its various chains of narration. In fact, at-Tuwaijri openly stated on page 236 of his book that this statement was only narrated in Ayshah’s Hadith. Even though he has seen with his own eyes on pages 57-9 of my book two other chains: one of which is from Asma bint ‘Umays and the other from Qatadah in the abbreviated (Mursal) format with an authentic chain of narration.Many of the blind followers followed him, including some female authors as in Hijabuki ukhti al-muslimah [Your veil, my sister Muslim], page 33.
They also pretend to be ignorant of the leading Hadith scholars and others who strengthened it, like al-Munthiri, az-Zayla’i, al-‘Asqlani and ash-Shawkani. Some of those who promote themselves as being among the well versed in this noble science – in their forefront Sheikh as-Sindi – claim that some of its narrations are extremely weak and unreliable in order to escape from the Hadith science rule that ‘unreliable narrations are strengthened by narrations similar to them’. In doing that, they delude their readers into thinking that no one ruled the weak narrators, like ‘Abdullah ibn Lahi’ah, trustworthy and that they cannot be used as supportive evidence. In doing that, they contradict the methodology of the Hadith scholars in using supportive evidence. Among them is Imam Ahmad and Ibn Taymiyyah – may Allah have mercy on them. Likewise, they all feign ignorance that the scholars – among them Imam ash-Shafi’i -confirm the Hadith Mursal if most scholars use it as evidence, as is the case of Ayshah’s Hadith.
Other strengthening factors may be added to the above.
1.The Hadith has been narrated by Qatadah from Ayshah.
2.It has been narrated in another chain from Asma.
3.All three narrators of the Hadith ruled according to it.
Qatadah stated in his interpretation of the verse on draping, “Allah has placed on them the requirement to cover the eyebrows,” That is, “and not on their faces” as stated by at-Tabari. Ayshah said, regarding the female in ihram, “She may drape the garment on her face, if she wishes.” This was narrated by al-Bayhaqi in an authentic chain of narrators. There is clear evidence in Ayshah’s giving the female pilgrim a choice in draping that in her opinion the face was not ‘Awrah. Otherwise she would have made it obligatory on them as those who contradict it do. Because of their position, most of the extremist authors, with at-Tuwaijri in the forefront, hid this statement of Umm al-Mu’minin, Ayshah from their readers. The author of Faslul-khitab [The Definitive Statement] deliberately deleted this portion of al-Bayhaqi’s narration in his book. This being only one of a number of similar disreputable acts which I have exposed in my book. The supportive evidence is that this authentic narration from her strengthens her Hadith from the Prophet. This is among the facts that people are unaware of or they pretend ignorance of, either choice is bitter to swallow.
As for Asma, it has been authentically reported from Qays ibn Abi Hazim that he saw her as a woman of white complexion with tattoos on her hands.
[Author’s note Haythamee authenticated the chain:عن قيس بن أبي حازم قال : دخلنا على أبي بكر – رضي الله عنه – في مرضه فرأيت عنده امرأة بيضاء موشومة اليدين تذب عنه وهي أسماء بنت عميس .
رواه الطبراني ورجاله رجال الصحيح .
Asim]
The narration of Ibn ‘Abbas earlier mentioned, “She should pull the Jilbab (cloak) close to her face without putting it on her face.”
His interpretation of the verse of adornment “…except what appears from it” as referring to” the face and hands” was similar. There is also a similar narration from Ibn ‘Umar to the same effect.At this point, a bitter reality must be noted due to the lessons which may be gained from it, the knowledge which it contains and is service as a reminder of the wise saying: “The truth is not known by people, know the truth and you will know people.”…[Radd al-Mufhim by Sheikh Nasiruddeen al-Albani found in pages 13-14 of the introduction of his book Jilbab al-Mar’ah al-Muslimah, 3rd edition, 1996, al-Maktabah al-Islamiyyah. The main errors of those who make the face veil obligatory translated by Abu Ameenah Bilal Phillips]
c) Al-Fadl bin ‘Abbas rode behind the Prophet as his companion rider on the back portion of his she camel on the Day of Nahr (slaughtering of sacrifice, 10th Dhul-Hijja) and Al-Fadl was a handsome man. The Prophet stopped to give the people verdicts. In the meantime, a beautiful woman From the tribe of Khath’am came, asking the verdict of Allah’s Apostle. Al-Fadl started looking at her as her beauty attracted him. The Prophet looked behind while Al-Fadl was looking at her; so the Prophet held out his hand backwards and caught the chin of Al-Fadl and turned his face (to the owner sides in order that he should not gaze at her. She said, “O Allah’s Apostle! The obligation of Performing Hajj enjoined by Allah on His worshipers, has become due (compulsory) on my father who is an old man and who cannot sit firmly on the riding animal. Will it be sufficient that I perform Hajj on his behalf?” He said, “Yes.” [Sahih Bukhari Volume 8, Book 74, Number 247:Narrated ‘Abdullah bin ‘Abbas]
a)Imam al-Nawawi wrote:… And the Prophet forbade the woman in ihram to put on the face veil or gloves. If the face and two hands were part of ‘awrah, he would not have forbidden them to cover them. At the same time, she may need to uncover them forsuch day to day matters as buying, selling, giving, talking, etc.[Sharh al-Muhaththab, vol.3 p.173. See also “Hijab or Niqab’ by Syed Mutawalli ad-Darsh with an introduction by Mazheruddin Siddiqi, page 96 & 97.]
.
b)Ibne Battal said
“This hadith is evidence, it is not obligatory for Muslim women to do Hijab(face veil) like it was obligatory for Wives of Prophet peace be upon him…. This hadeeth is evidence that it is not obligatory for woman to veil her face, because it is consensus of Ahlus Sunnah wal Jamah, Woman will not veil her face in Salah even some ajnabi is watching.”[Fathul Bari Vol 11 Page 10 Maktaba tul Salafiyah]
Comment: Even though Hafiz Ibne Hajar went against this stance but Shaykh Nasir ud din Al Bani supported the stance of Ibne Battal in Hijab al Mir`ah al Muslimah page 29,
c)Ibn Hazam said:
If the face were part of the ʿawra and required covering, he u 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 God in abundance![quote taken from the website of shoaib webb]
d) Qadhi Iyaad Said
The Obligation of Hijab was specially for the Wives of the Prophet peace be upon him, and there is no dispute in that for them it was wajib to hide their face and hands.[Mentioned by Hafiz Ibne Hajar asqalani in Fath ul Bari vol 8 page 530 Maktaba tul Salafiyah and Same was the View of Ibne Battaal as mentioned by Hafiz Ibne Hajar asqalani in Fathul Bari Vol 11 Page 10 Maktaba tul Salafiyah]
e) Ibn aQattan
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(pbuh)would not have consented to his thinking so.
f) [Shawkani] in Nayl al-Awṭār, stating that,
This ḥadīth can be used to prove that the aforementioned verse on the ḥijab [i.e. the verse, (And when you ask of [the Prophet’s wives] anything, ask it of them from behind a curtain (ḥijāb))] applies only to the Prophet’s wives, because the story of Faḍl [took place] in the Farewell Pilgrimage [ten years after the hijra], while the verse of the ḥijāb concerns the marriage of Zaynab [which took place] in the fifth year after the hijra.[Taken from Shoaib webb`s website]
g) Shakh Nassir ud din alBani said
At-Tuwaijree did this with the Khath‘amiyyah hadeeth. They developed a number of comical methods to nullify its implications. I have refuted them all in ar-Radd and one of them in Jilbaab al-Mar’ah al-Muslimah. Some reputable scholars have said that the hadeeth doesn’t contain a clear statement that her face was exposed. This is among the farthest opinions from the truth. For, if her face wasn’t exposed, where did the narrator or the viewer get the idea that she was beautiful? And what was al-Fadl repeatedly looking at? The truth is that this is among the strongest and most clear proofs that a woman’s face is not ‘awrah. In spite of that, there remains a group that insists that she was in ihraam while knowing that her ihraam does not prevent her from draping some of her clothing over her face. At-Tuwaijree does accept sometimes that her face was uncovered but he cancels its implication by saying, “There is no evidence in it that she continuously exposed her face!” He means that the wind must have exposed her face and at that instant al-Fadl ibn ‘Abbaas saw it. Is it possible for an Arab to say that after reading in the hadeeth “al-Fadl began to stare while turning towards her,” and in another narration “… so he began to look at her and her beauty amazed him.” Isn’t this pride with two protruding horns? At other times at-Tuwaijree interprets it as al-Fadl looking at her size and stature.[Jilbaab Al-Mar’ah Al-Muslimah, The agreement of at-Tuwaijree and the extremists with him to explain away the authentic hadeeths which contradict their opinion.]
5. Meaning of Jilbab and Khimar
Allah says O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them(when they go abroad). That will be better, so that they may be recognised and not annoyed. Allah is ever Forgiving, Merciful.[Surah Ahzab 33:59]
Commentary of Ibne Abbas Regarding Jilbab
Note: Prophet Muhammad Peace be upon him prayed for him saying “O Allah, make him acquire a deep understanding of the religion of Islam and instruct him in the meaning and interpretation of things.”
There are different sayings of Ibne Abbas RadhiAllahanho in the meaning of Jilbab
a. Allah commanded the believing women, when they went out of their houses for some need, to cover their faces from above their heads with the Jilbab, leaving only one eye showing (This is weak)
b. She should bring the jilbaab close to her face without covering it (This is Authentic)
Details of Weak saying.
Ibne Jareer Tabree Mentioned
. حدثنـي علـيّ، قال: ثنا أبو صالـح، قال: ثنـي معاوية، عن علـيّ، عن ابن عبـاس، قوله: { يا أيُّها النَّبِـيُّ قُلْ لأَزْوَاجِكَ وَبَناتِكَ وَنِساءِ الـمُؤْمِنِـينَ يُدْنِـينَ عَلَـيْهِنَّ مِنْ جَلابِـيبِهِنَّ } أمر الله نساء الـمؤمنـين إذا خرجن من بـيوتهنّ فـي حاجة أن يغطين وجوههنّ من فوق رؤوسهنّ بـالـجلابـيب، ويبدين عيناً واحدة.
Ibn Abbas(RA) narrated regarding (Allah’s) order [O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them…] that Allah commanded the believing women, when they went out of their houses for some need, to cover their faces from above their heads with the Jilbab, leaving only one eye showing[From his Tafsir Under 33:59]
Proof that This saying is weak
In this saying the Narrater is Ali ibn Abi Talha who heard nothing from the Tafsir of Ibne Abbas.
a). According to Dahabee (d 748 h) Mu’awiyah ibn Sālih reported from him (Ali ibn Abi Talhah) from Ibn ‘Abbās a great and delightful Tafsīr.” (Mīzān Al ‘Itidāl 3/134 no. 5870)
But all the Major Muhadditheen of Islam said He heard nothing from Ibne Abbas
b). According to Yahya bin Maieen (d. 233h)
Ibne Tahmaan narrated from Imam Yahya bin Maieen He(Ali ibn abi Tahan) heard nothing from Ibne Abbas (Sawalaat Tarjuma:260)
c). Imam Ibne Abi Hatim said
روى عن بن عباس مرسل
He narrated from Ibne Abbas Mursal
سمعت أبى يقول ذلك نا عبد الرحمن نا أبى قال سمعت دحيما يقول لم يسمع على بن أبى طلحة من بن عباس التفسير
Ibn Abi Hatim heard from his Father (Abu Hatim Al Razi) and he narrated from (c)Imam Duheem, he said Ali Bin Abi Talha Heard nothing from the Tafsir of Ibne Abbas [Al Jirha wa tadeel Tarjuma no: 1031]
d). Ibne Hajar Asqalani said
علي بن أبي طلحة سالم مولى بني العباس سكن حمص أرسل عن بن عباس ولم يره من السادسة صدوق قد يخطىء
Meaning from Ibne Abbas Mursal and he is Truthful who makes Mistakes (Taqreeb at Tahdeeb 2/39)
e). Hafiz Khalili(d 446 h) Said
وأجمع الحفاظ على أن ابن أبي طلحة لم يسمعه من ابن عباس
Its Consensus of Huffaz Ali bin abi talha heard nothing from(the tafsir) Ibn e Abbas(Al Irshaad 1/394)
f). Abu Bakr Ahmad Asbahani (d 428 h) said:
روى عَنهُ مُعَاوِيَة بن صَالح تَفْسِيره غير مُعْتَمد يُقَال إِنَّه لم ير ابْن عَبَّاس
Muawiyah bin Saleh narrated the tafsir from him (Ali ibn abi Talha) which is not reliable, it was said that he had not seen Ibn Abbas. [Rijaal Saheeh Muslim 2/56]
g) Shaykh Nasir ud Din Al Bani Replied
The hadeeth of Ibn ‘Abbaas about exposing only one eye is commonly used by those who insist that women are obliged to cover their faces in spite of their knowledge of its inauthenticity. In fact, one among them also declared it inauthentic. Perhaps the most important of these unreliable hadeeth commonly used as evidence is the one in which
the Prophet is reported to have said, “Are you both blind?” They blindly followed at-Tuwaijree and the others in claiming that this inauthentic narration was strengthened by other supportive narrations and that it was evidence for the prohibition of women from looking at men, even if they are blind. They took this position in spite of the fact that the narration was classified inauthentic by the leading verification experts among the hadeeth scholars like, Imaam Ahmad, al-Bayhaqee and Ibn ‘Abdil-Barr. Al-Qurtubee related that the narration was not considered authentic among the scholars of hadeeth. Consequently,many Palestinian hambalite scholars made their rulings on that basis.
Furthermore, that is what the science of hadeeth and its methodology requires as was clearly stated in al-Irwaa. However, in spite of all that evidence to the contrary, Shaykh ‘Abdul-Qaadir as- Sindee had the nerve to go along with Shaykh at-Tuwaijree and others and claim that its chain of narration was authentic. By doing that he exposed himself and his ignorance or feigned ignorance. It is unfortunate that he took this position, because the hadeeth’s chain contains an unknown narrator from whom only one person narrated along with its contradiction to what leading scholars have narrated. Contrary to the level of scholarship that we are used to from Shaykh as-Sindee, he has brought in support of his claim the most amazing things. He arguments unexpectedly contain deception, misguidance, blind following, hiding knowledge and turning away from his own fundamental principles. Among the amazing positions is Shaykh as-Sindee’s feigned ignorance that the narration contradicts the hadeeth of Faatimah bint Qays which contains the Prophet’s permission for her to stay at the home of the blind companion, Ibn Umm al-Maktoom, whom she would be able see. The Prophet gave the reason for that instruction in his statement to her, “For if you take off your head scarf, he won’t see you.” In at-Tabaraanee’s narration from Faatimah, she said, “He instructed me to be at Ibn Umm Maktoom’s home because he couldn’t see me whenever I took my head scarf off.”
(Taken from The Face Veil translated by Dr Abu Ameenah Bilal Philips an edited translation of a summarry of ar-Rad al–Mufhim)
Details of Authentic Saying.
a). Imam Abu Dawood Narrated
ثَنَا أَحْمَدُ، قَالَ: ثَنَا يَحْيَى، وَرَوْحٌ، عَنِ ابْنِ جُرَيْجٍ، قَالَ: آخِرُ مَا قَالَ لِي عَطَاءٌ أَخْبَرَنِي أَبُو الشَّعْثَاءِ، أَنَّ ابْنَ عَبَّاسٍ، قَالَ: «تُدَنِّي الْجِلْبَابَ إِلَى وَجْهِهَا، وَلَا تَضْرِبُ بِهِ»
Ibn Abbas Ra said “She should bring the jilbaab close to her face without covering it.[Masail Imam Ahmad in the Chapter of ما تلبس المرأة في حرامها ]
Authentication of Chain
1. Abu Sho`asa (Tabiyee Trustworthy student of Ibne Abbas Seyar al ailam al Nubala under his biography)
2. Ata (Tabiyee Trustworthy)
3. Ibne Juraij (Trustworthy Mudallis Taqreeb at tahdeeb:4193)
4. Roh bin Abadah (Trustworthy, Seyar al Ailam al nubala under his biography)
5. Imam Ahmad bin Hamble (Trustworthy Imam of Ahlus Sunnah)
6. Imam Abu Dawood (Trustworthy, Author of Sunan)
b). Imam Imam Ibne Katheer said
قال ابن عباس تدلي عليها جلبابها ، ولا تضرب به على ، وجهها
رواه الشافعى باسناد جيد لا بأس به.
Ibne Abbas said She should bring the jilbaab close to her face without covering it. Narrated by Imam Shaf`aee with Good Chain there is No Harm in it.[Irshad al faqeeh 1/324]
c). Shaykh Al Bani said Meaning of Jilbab
1. The interpretation of al-idnaa’ in the verse of the Jilbaab to mean “covering the face”.
This misinterpretation is contrary to the basic meaning of the word in Arabic which is “to come close”, as is mentioned in authoritative dictionaries like al-Mufradaat by the wellknown scholar, ar-Raaghib al-Asbahaanee. However, there is sufficient evidence in the interpretation of the leading commentator on the Quran, Ibn ‘Abbaas, who explained the verse saying, “She should bring the jilbaab close to her face without covering it.” It should be noted that none of the narrations used as evidence to contradict this interpretation are authentic.
2. The interpretation of jilbaab as “a garment which covers the face.”
Like the previous misinterpretation, this interpretation has no basis linguistically. It is contrary to the interpretation of the leading scholars, past and present, who define the jilbaab as a garment which women drape over their head scarves (khimaar). Even Shaykh at-Tuwaijree himself narrated this interpretation from Ibn Mas‘ood and other Salafee scholars. Al-Baghawee mentioned it as the correct interpretation in his Tafseer (vol. 3, p. 518) saying, “It is the garment which a woman covers herself with worn above the dress (dir ‘) and the headscarf.” Ibn Hazm also said, “The jilbaab in the Arabic language in which the Messenger of Allaah (pbuh) spoke to us is what covers the whole body and not just a part of it.” (vol. 3, p. 217). Al-Qurtubee declared this correct in his Tafseer and Ibn Katheer said, “It is the cloak worn above the headscarf.” (vol. 3, p. 518)[The Face Veil translated by Dr Abu Ameenah Bilal Philips an edited translation of a summarry of ar-Rad al–Mufhim]
5). The Verse (display their beauty and ornaments except what ( must ordinarily ) appear therefore) is General not in the specific times of prayer.
a). Sheikh Sayyed Mutawalli Ad-Darsh, former Chairman of the UK Shari`ah Council writes from Imam Shawkani. The important point in this discussion, which will answer the objections of those who differentiate between prayer and daily life, is the fact that al-Shawkani refers the whole discussion and the differences of opinions to the discussion about the interpretation of the verse which tells women not to “display their beauty and ornaments except what ( must ordinarily ) appear therefore” ( Surah al-Nur, 24:31 ) , which is basically the statement of general application in daily life and social interaction, not the specific time of prayer.[Hijab or Niqab by Syed Mutawalli ad-Darsh with an introduction by Mazheruddin Siddiqi, Page 85 & 86 (taken from the article of Kevin Abdullah]
b). He also said (Commenting on women are allowed uncover their faces and hands in public life.) Al-Banna, in “al-Fath al-Rabbani” , a commentary on Ibn Hanbal’s collection of hadith, discusses the issue under the same title, “Covering the ‘awrah”. In the section on “What is reported concerning the woman’s body being ’awrah except for the face and the hands” , Ibn Hanbal quoted Aisha’s saying at the house of Safiyyah. There she saw some youn girls who were offering their prayers without covering their heads. Aisha said: “They should not pray without a cover on their heads. One day the Messenger of Allah entered the house. There was a young girl in my custody. He handed me a piece of cloth saying, “Cut into two pieces, one for your maid and other for Um Salamah’s maid for it appears that they both have reached the age of womanhood”. Al-Banna went through the discussion as Ibn hajar and al-Shawkani, quoting almost the same arguments. Then
he added: “Imam al-Nawawi, in his notes on Muslim’s collection of ahadith, mentioned a good number of rules which it is good to mention here. These are the general rules dealing with ‘awrah.” This however, is not the place for such a discussion. But it is in another area which is related to the question of ‘awrah that we find al-Nawawi making it clear that the face and the hands are not part of the ‘awrah, wether in prayer or outside of it. It is in the book of marriage (al-nikah), in the section on the recommendation for the person wishing to marry a woman, that he should look at the face and the hands before proposing her.
Hijab or Niqab by Syed Mutawalli ad-Darsh with an introduction by Mazheruddin Siddiqi, page 86 t/m 88
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Meaning of Khimar
It is mentioned in IRF.net
Some people claim that the khimaar (headscarf) in Al-Qur’an 24:31 covers the head and the face, whereas linguistically the word only means a head covering. The Prophet (pbuh) is reported to have said “Allah does not accept the prayer of a woman who has reached puberty unless she wears a khimaar”.
(Sunan Abu Dawood, vol. 1, hadith No. 641)
However, no scholar insists on covering the face in Salaah for women based on the hadith quoted above, which further substantiates that khimaar does not mean covering the face. Shaykh Naasiruddeen al-Albaanee, one of the foremost scholars of recent times has clarified in detail, the errors made by these scholars who insist on the obligatory nature of the face veil in his books ar-Radd al-Mufhim & Jilbaab al-Mar’ah al-Muslimah (3rd edition, 1996, al-Maktabah al-Islaamiyyah). Likewise, other scholars like Ibn Muflih al-Hambalee, an-Nawawee, al-Qaadee ‘Iyaad are too of the opinion that covering the face is not obligatory.
6. Arguments and reply
Argument no: 1
Bukhari Volume 6 Book 60 Number 274 Narrated by Aisha radiallahuanha
He had started in the last part of the night and reached my stationing place in the morning and saw the figure of a sleeping person. He came to me and recognized me on seeing me for he used to see me before veiling. I got up because of his saying: “Inna Lillahi wa inna ilaihi rajiun,” which he uttered on recognizing me. I covered my face with my garment, and by Allah, he did not say to me a single word except, “Inna Lillahi wa inna ilaihi rajiun,”
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A brother said
This hadith has decisive proof that Niqab is Wajib, because the blessed wives of Prophet (salallaho alaihi wasalam) kept extreme care of covering themselves and did not reveal their faces infront of strangers, however when women are with their husbands and those with whom their Nikah is impermissible (being single that is) they can take off the face veil.
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Reply
This hadeeth is for Ummuhat ul Momineen because Prophet peace be upon him ordered them to observe veil even from blind people, it is mentioned in the hadeeth of Abu Dawud
Narrated Umm Salamah, Ummul Mu’minin:
I was with the Apostle of Allah (peace_be_upon_him) while Maymunah was with him. Then Ibn Umm Maktum came. This happenedwhen we were ordered to observe veil (purdah). The Prophet (peace_be_upon_him) said: Observe veil from him. We asked: Apostle of Allah! is he not blind? He can neither see us nor recognise us. The Prophet (peace_be_upon_him) said: Are both of you blind? Do you not see him?(end).
[Abu Dawud Book 32, Number 4100, Shaykh Zubair Ali Zai said “The chain is Hasan: Narrated by Tirmidhee.. hadeeth no: 2778 from the hadith of Abdullah bin Mubarak and said the hadeeth is Hasan Saheeh. Nabhaan(narrator in the chain) Is trustworthy according to Dahabee in al-Kashif, Tirmidhee, Ibne Hibban, Hakim, His hadeeth is no less then a hasan hadeeth(end quote from Tahqeeq Abu Dawud by Shaykh Zubair) This hadith is also authenticated by Imam an-Nawawi,Ibne Hajar asqalani and Tirmidhee, Imam Abu Dawud deduced ruling from this hadeeth which is indication that he authenticated the hadeeth]
Abu Dawood said after narrating this
“This was peculiar to the wives of the Prophet (peace_be_upon_him). Do you not see that Fatimah daughter of Qays passed her waiting period with Ibn Umm Maktum. The Prophet (peace_be_upon_him) said to Fatimah daughter of Qays: Pass your waiting period with Ibn Umm Maktum, for he is a blind man. You can put off your clothes with him.”(end)
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Note: It is allowed for women to see men without desire, Proof for that is
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“`A’ishah the Mother of the believers was watching them (Ethiopians playing with spears in the Masjid) from behind him(Peace be upon him) and he was concealing her from them, until she got bored and went away.”
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Ibne Kathir mentioned in his Tafsir under the commentary of (And tell the believing women to lower their gaze) (after mentioning one group of scholars he said)…..that some of the scholars said that it is permissible for women to look at non-Mahram men without desire, as it was recorded in the Sahih that the Messenger of Allah was watching the Ethiopians playing with spears in the Masjid on the day of `Id,and `A’ishah the Mother of the believers was watching them from behind him and he was concealing her from them, until she got bored and went away. (end)
Also read Fatwa of Shaykh Ibne Uthaymeen (Rah) on this Issue: It is permissible for a woman to look at men who are not her mahrams without any bad intention http://islamqa.com/en/ref/49038
Argument no: 2
Volume 1, Book 8, Number 368: (Sahih Bukhari) Narrated ‘Aisha:
Allah’s Apostle used to offer the Fajr prayer and some believing women covered with their veiling sheets used to attend the Fajr prayer with him and then they would return to their homes UNRECOGNIZED.
I was reading somewhere the brother provided argument.
Even a child would know that If a woman returns home unrecognized (by being amongst men) then she must have covered her face!
Reply
In other place same hadith is in Sahih Bukhari which clears the doubt
Bukhari Volume 1, Book 10, Number 552: Narrated ‘Aisha:
The believing women covered with their veiling sheets used to attend the Fajr prayer with Allah’s Apostle, and after finishing the prayer they would return to their home and nobody could recognize them because of darkness.
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so here we can see why they were not recognized, it was because of darkness but not face covering.
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Argument no: 3
It was narrated that ‘Aa’ishah said: “The riders used to pass by us when we were with the Messenger of Allaah (peace and blessings of Allaah be upon him) in ihraam. When they came near, each of us would lower her jilbaab from her head over her face, and when they passed by we would uncover (our faces).” [Narrated by Abu Dawood, 1833; Ahmad, 24067]
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and i was reading somewhere the brother provided the argument
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This hadith has decisive proof that Niqab is Wajib, because the blessed wives of Prophet (salallaho alaihi wasalam) kept extreme care of covering themselves and did not reveal their faces infront of strangers, however when women are with their husbands and those with whom their Nikah is impermissible (being single that is) they can take off the face veil.
Reply
How can it be a wajib when Allah and his Rasool peace be upon him never said it is wajib? secondly This is already proven that face veil was obligatory for Mothers of believers, Thirdly Aisha ra herself said regarding other women as Shaykh alBani said that Ayshah said, regarding the female in ihram, “She may drape the garment on her face, if she wishes.” This was narrated by al-Bayhaqi in an authentic chain of narrators. [Radd al-Mufhim]
Now see this.
The hadeeth of Sunan Abu Dawud (1783) says.
Jaabir ibn ‘Abd-Allaah said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘When any one of you wants to propose marriage to a woman, if he can look at that which will motivate him to go ahead and marry her, then let him do so.’ I proposed marriage to a girl and I used to hide myself until I saw that which motivated me to go ahead and marry her,then I married her.” Classed as hasan by al-Albaani in Saheeh Abi Dawood, no. 1832. In the report narrated by Ibn Maajah it says that he hide in her garden to see her.(end)
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The Prophet (peace and blessings of Allaah be upon him) said:
” إذا خطب أحدكم إمرأة فلا جناح عليه أن ينظر منها إذا كان إنما ينظر إليها لخطبة وإن كانت لاتعلم
“When any one of you proposes marriage to a woman, there is no sin on him if he looks at her, rather he should look at her for the purpose of proposing marriage even if she is unaware.”[Narrated by Imam Ahmad. Imam Haythamee said in Majma’ al-Zawaa’id said: its men are the men of saheeh.]
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Fatwas by Muhadditheen on this hadeeth
a). Fatwa by Imam Al-Shaafa’i (may Allaah have mercy on him)
Imam Al-Shaafa`i said: “If he wants to marry a woman, he is not allowed to see her without a headcover. He may look at her face and hands when she is covered, with or without her permission. Allaah says ‘… and not to show off their adornment except only that which is apparent…’ [al-Noor 24:31]. He said: ‘The face and hands.’” (al-Haawi al-Kabeer, 9/34).
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b). Fatwa by Imam Al Nawawi
Imaam al-Nawawi said in Rawdat al-Taalibeen wa ‘Umdat al-Mufteen (7, 19-20): “When (a man) wants to marry (a woman), it is preferable (mustahabb) for him to look at her so that he will have no regrets. According to another view, it is not preferable but it is allowed. The first view is correct because of the ahaadeeth, and it is permitted to look repeatedly, with or without her permission. If it is not easy to look at her, he may send a woman to check her out and describe her to him. A woman may also look at a man if she wants to marry him, for she will like in him what he likes in her.”
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c). Fatwa by Imam Abu Haneefah
Abu Haneefah permitted looking at the feet as well as the face and hands. (Bidaayah al-Mujtahid wa Nihayyat al-Muqtasid, 3/10).
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d). Ibn al Qayyim said:
وقال داود: ينظر إلى سائر جسدها. وعن أحمد ثلاث روايات:
إحداهن: ينظر إلى وجهها ويديها.
والثانية: ينظر ما يظهر غالباً كالرقبة والساقين ونحوهما.
و الثالثة: ينظر إليها كلها عورة وغيرها، فإنه نص على أنه يجوز أن ينظر إليها متجردة ! ”
Dawud said: Seeing all the parts of body is allowed, Three narrations are narrated from Ahmad:
First: That it is allowed to see the face and hands.
Second: It is allowed to see the parts which are generally open like the neck and shins.
Third: It is allowed to see full body whether it is awrah or not..
[Tahzeeb as-Sunan 3/25-26]
e) Ibn Qudama al Hanbali said:
ووجه جواز النظر ما يظهر غالبا ، أن النبي صلى الله عليه وسلم لما أذن في النظر إليها من غير علمها ، علم أنه أذن في النظر إلى جميع ما يظهر عادة إذ لا يمكن إفراد الوجه بالنظر مع مشاركة غيره له في الظهور ; ولأنه يظهر غالبا ، فأبيح النظر إليه كالوجه .
It is allowed to see the parts (of body) which are generally open because Prophet peace be upon him allowed to see the woman when she does not know. We came to know due to this that it is allowed to see the parts (of body) which are open generally and don’t see the parts which are covered. [al Mughni 7/454]
f) Fatwa by Shaykh Al Bani
Question: Is it permissible for a man to look at other than the face and hands of the woman he wishes to propose to, such as looking at her hair and her neck?
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Response:
That which is apparent to me, and Allaah knows best, is that this is permissible without a previous agreement. He (sal-Allaahu `alayhe wa sallam) said that which means:
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((If anyone’s heart settles on proposing to a woman, then he can look at that which will lead him to marry her)),[Translators note: This is the hadeeth of Jaabir ibn ‘Abdillaah (radhi-yallaahu ‘anhu) who said: The Messenger of Allaah (sal-Allaahu `alayhe wa sallam) said:
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((If any of you has proposed to a woman, and if he is able to look at that which will lead him to marry her, then he should do so))]
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As regards a previous agreement, then it is not permissible to look at more than the face and hands.
Shaykh al-Albaanee Fataawa Muhimmah li-Nisaa. al-Ummah – Page 138
source: http://www.fatwa-online.com/fataawa/marriage/interview/0030702.htm
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Shaykh Al bani said
“Similar evidence is seen in the words of the Prophet (peace and blessings of Allaah be upon him) in the hadeeth, ‘Even if she does not know.’ This is supported by the actions of the Sahaabah (may Allaah be pleased with them), in accordance with the Sunnah, such as Muhammad ibn Muslimah and Jaabir ibn ‘Abd-Allaah, both of whom hid so as to see of their fiancées that which would encourage them to go ahead and marry them…”[Silsilat al-Saheehah (1/156)]
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g).Fatwa by Shaykh bin Baz
This is even said By Shaykh Abdul Aziz bin Baz who said Its Obligatory to cover her face. see His Fatwa below:
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What is Permissable for the Suitor to See of the Woman Before the Wedding
Question:
If a man makes a proposal of marriage to a young woman, is it obligatory for him to see her? Also, is it correct for the young woman to uncover her hair and to reveal her beauty more for her fiancé? Advise us, and may Allaah benefit you.
Answer:
There is no objection, but it is not obligatory. Rather, it is preferred for him to see her, and for her to see him. This is because the Prophet sallallaahu alayhi was salaam ordered the suitor to look at her, because that is more likely to produce harmony between them, so if she uncovers her face, hands and head for him, there is no objection, according to the most correct opinion.
Some of the scholars said that it is sufficient for him to see her face and hands, but the most correct opinion is that there is no objection to him seeing her head, face, hands and feet, according to the aforementioned Hadeeth. But it is not permissible for him to do so, while being alone with her; rather, her father, her brother or another must be present with her. This is because the Prophet sallallaahu alayhi was salaam said:
‘A man may not be secluded with a woman except with a Mahram.’ Muslim no. 1341
He sallallaahu alayhi was salaam also said:
‘A man should not be alone with a woman, for verily Satan makes a third.’ At-Tirmithi no. 2165 and Ahmad 1/18.
Narrated by Imaam Muslim with an authentic chain of narrators, on the authority of ‘Umar, may Allaah be pleased with him.
Shaykh `Abdul-`Azeez Bin Baz Fatawa Islamiyyah, Darussalam, volume 5, pages 207/208
source: http://fatwaislam.com/fis/index.cfm?scn=fd&ID=94
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Lastly even for these scholars (those who say that face veil obligatory) it is allowed for her to open her face in some cases which are (as it is mentioned in Islam QA Fatwa no: 46921)
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It is not permissible for a woman to uncover her face in front of non-mahram men, except in cases of necessity, such as a medical doctor when no female doctor is available, so long as she is not alone with him (khulwah), or when proposing marriage, or when bearing witness in front of a qaadi (judge). In the cases mentioned above, it should be limited only to that which is necessary, and no more than that.
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My Comment: These ahadeeth indicates that the women used to open heir faces(we are not saying that they never used to cover their faces), And of course if she had worn a face veil he would not have been able to see her, and also they came out from the House while their faces were open or else do these people want to say Prophet peace be upon him ordered to see her at her home while hiding? (NaudhuBillah). and even these Great scholars (who says that face veil is obligatory) had no choice but to accept in some cases Women should not cover her face.
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Argument no: 4
Ibn Abbas(RA) narrated regarding (Allah’s) order [O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them…] that Allah commanded the believing women, when they went out of their houses for some need, to cover their faces from above their heads with the Jilbab, leaving only one eye showing[From Tafsir Tabri Under 33:59]
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Reply
This issue is addressed in Point no: 4 (see again if you need) of this Artilce in great Detail, in short This saying is not proven, what is proven is Ibne Abbas RA said “She should bring the jilbaab close to her face without covering it. Authenticated by Imam Ibne Kathir and Shaykh Al Bani.”
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Shaykh Abdul-Fattah ‘Ashoor replied
He quoted two different sayings of Ibne Abbas RA
1. Under the commentary of Al-Ahzab 33:59 Ibne Abbas RA said “Almighty Allah has ordained the believers’ women, when they are to go abroad for some purpose, to cover their faces from above their heads and to show only one of their eyes.”
2. Under the Commentary of An-Nur 24:31. Ibne Abbas RA said “‘What(must ordinarily) appear thereof’ here refers to the (woman’s) face, hands and rings.”
Thereafter Shaykh replied Ibn `Abbas, the knowledgeable scholar of the Muslim nation, would not contradict himself (as might be indicated from the seemingly contradicting comments on the verses quoted above). What he said as comment on the first verse referred to above explains what its words indicate, and what he said commenting on the second verse marks gradualness in legislation (from wearing niqab to wearing hijab only). In this context, the first ruling, wearingniqab, remains optional to one who desires to wear it and whose circumstances so allow. This will be a praiseworthy step on her part. The second ruling, covering the woman’s whole body except the face and hands, is the ultimate obligation that the Islamic Shari`ah ordains on every Muslim woman.(end)
Argument no: 5
Book 14, Number 2482: (Sunnan Abi Dawud) Narrated Thabit ibn Qays:
A woman called Umm Khallad came to the Prophet (peace_be_upon_him) while she was veiled. She was searching for her son who had been killed (in the battle) Some of the Companions of the Prophet (peace_be_upon_him) said to her: You have come here asking for your son while veiling your face? She said: If I am afflicted with the loss of my son, I shall not suffer the loss of my modesty. The Apostle of Allah (peace_be_upon_him) said: You will get the reward of two martyrs for your son. She asked: Why is that so, Apostle of Allah? He replied: Because the people of the Book have killed him.(end)
I was reading somewhere and the brother said
The Blessed women companions of Prophet (salallaho alaihi wasalam) did not even consider taking off their face veils in most painful situations (i.e. even at death of their children)
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Reply
This hadeeth is not Authentic, The Narrator of this hadeeth Abdul Khabeer is Rejected in Hadeeth,It is mentioned in Awn Al Mabood Commentary of Abu Dawood
قال البخاري : عبد الخبير عن أبيه عن جده ثابت بن قيس عن النبي صلى الله عليه وسلم ، روى عنه فرج بن فضالة حديثه ليس بالقائم ، منكر الحديث .
وقال ابن عدي : وعبد الخبير ليس بالمعروف
Imam Bukhari said: Abdul Khabeer from his Father from his Grand father Thabit bin Qais from Prophet Peace be upon him, and Farj bin Fadalah narrated from him (Abdul Khabeer), his Hadeeth does not stand(hold nothing), Rejecter of hadeeth,
Ibne Adyy said: And Abdul Khabeer is not Known. Source: http://hadith.al-islam.com/Page.aspx?pageid=192&;TOCID=857&BookID=36&PID=4229
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Now Leave a side Chain for a second, This hadeeth is even against them, Al Muhajaba Replied by saying
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This hadith does indeed show Umm Khallad (rAa) wearing niqab, but it is interesting that the Sahaba (rAa) marveled at her doing so. Would they have been marveling if she just did what was commanded for her? More generally, we can say that this hadith proves that women did wear niqab, but they may have been doing so because it is mustahabb, so there needs to be some other evidence to make it fard. (source: http://www.muhajabah.com/niqabdalils.htm)
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Argument no: 6
Sahih Al-Bukhari Volume 7, Book 72, Hadith # 715
Narrated ‘Ikrima (Radhiallaahu anhu) narrates “Rifa’a divorced his wife whereupon ‘AbdurRahman bin Az-Zubair Al-Qurazi married her. ‘Aisha said that the lady (came), wearing a green veil.”
Comment: It is a very long hadith but the point is the women of Sahaba wore the full veil.
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Reply
This is the long hadeeth
Bukhari Volume 7, Book 72, Number 715: Narrated ‘Ikrima:
Rifa’a divorced his wife whereupon ‘AbdurRahman bin Az-Zubair Al-Qurazi married her. ‘Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other, so when Allah’s Apostle came, ‘Aisha said, “I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!”..
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Al Muhajabah says
The wife of Rifa’a was wearing a green khimar. This is the same point that has been made above – this hadith merely shows a woman obeying the command in Surah an-Nur ayah 31 to wear a khimar, it does not say anything in itself to indicate that the khimar must cover the face. It is interesting to look at the full text of this hadith,….. After having described the wife of Rifa’a as wearing a green khimar, Aisha (rAa) says to the Prophet (sAas) “Look! Her skin is as green as her clothes”. If the woman were wearing “the full veil” how could any of her skin be visible for the Prophet (sAas) to look at? In any case, at most her face or her hands could be showing. It seems most likely that it was her face that was green. If this is true, then the khimar definitely does not cover the face.
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Argument no: 7
حدثنا قتيبة حدثنا الليث عن نافع عن ابن عمر : أنه قال : قام رجل فقال : يا رسول الله ! ماذا تأمرنا أن نلبس من الثياب في الحرم ؟ فقال رسول الله صلى الله عليه و سلم لا تلبسوا القمص ولا السراويل ولا البرانس ولا العمائم ولا الخفاف إلا أن يكون أحد ليست له نعلان فليلبس الخفين وليقطعهما ما أسفل من الكعبين ولا تلبسوا شيئا من الثياب مسه الزعفران ولا الورث ولا تنتقب المرأة الحرام ولا تلبس القفازين
قال أبو عيسى : هذا حديث حسن صحيح والعمل عليه عند أهل العلم
It was narrated that ‘Abdullah ibn ‘Umar (Radhiya Allahu ‘Anhu) said: “A man stood up and said, ‘O Messenger of Allaah, what kind of clothes do you command us to wear during ihrām?’ The Prophet (Sallalllahu ‘Alayhi wa Sallam) said: ‘Do not wear a shirt or pants or a turban or a burnous (hooded cloak). If one of you does not have any sandals then let him wear the khuffayn (leather slippers) and cut them so that they come below the ankle. Do not wear anything that has been dyed with saffron or turmeric. Women in ihraam should not wear niqāb or gloves.” (Tirmidhee no: 833)
a brother said
From this hadīth we learn that it was the natural practice of the women to wear niqaab in the lifetime of the Nabi (Sallalllahu ‘Alayhi wa Sallam).
Reply
If face covering is proven Obligatory, then why not Turbon is obligatory?? because Prophet peace be upon him even forbade men to wear turbon and pants and shirt. Can we say that even turbon is obligatory?? I ask question why can’t you say From this hadīth”we learn that it was the natural practice of the men to wear turban in the lifetime of the Nabi (Sallalllahu ‘Alayhi wa Sallam)”, it is well known that turban is mustahab but not obligatory.
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Another hadeeth in saheeh Muslim says
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Ibn ‘Umar (Allah be pleased with them) reported that a person asked the Messenger of Allah (may peace be upon him) what a Muhrim should put on as dress. Thereupon the Messenger of Allah (may peace be upon him) said: Do not put on a shirt or a turban, or trousers or a cap, or leather stockings except one who does not find shoes; he may put on stockings but he should trim them below the ankles. And do not wear clothes to which saffron or wars is applied. (Muslim,Book #007, Hadith #2647)
So from this hadeeth can we say even Cap is Obligatiry other then Ihram?? The answer is simply no but Cap is Mustahab. and Can we say Leather Stockings are Obligatory other then Ihram?? if No then why proving your stance of face being obligatory from this hadith? we should respect scholars who mentioned this hadeeth for face being obligatory but we can say that they simply erred because they were Human beings.
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Argument no: 8
The hadeeth which states that
المرأة عورة Woman is Awrah. (Tirmidhee no: 1173)
and i was reading some book which states that this means whole body (including face and hands) are Awrah (private parts) of women.
Reply
This hadeeth is weak because Qatada is Mudallis and narrating from (an) see detailes here http://www.ahlalhdeeth.com/vb/showpost.php?p=6791&postcount=3
Even for the sake of argument we consider it authentic then This is not the case, we should see all the ahadeeth just by quoting one hadeeth and leaving other ahadeeth is wrong, if Face and hands are included in the Awrah then see this hadeeth.
It was narrated from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said:
لا يَنْظُرُ الرَّجُلُ إِلَى عَوْرَةِ الرَّجُلِ ، وَلا الْمَرْأَةُ إِلَى عَوْرَةِ الْمَرْأَةِ ، وَلا يُفْضِي الرَّجُلُ إِلَى الرَّجُلِ فِي ثَوْبٍ وَاحِدٍ ، وَلا تُفْضِي الْمَرْأَةُ إِلَى الْمَرْأَةِ فِي الثَّوْبِ الْوَاحِدِ
“No man should look at the ‘awrah of another man, and no woman should look at the ‘awrah of another woman. No man should lie down with another man beneath a single cover, and no woman should lie down with another woman beneath a single cover.” Narrated by Muslim (338).
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If face and hands are included in Awrah (private parts) then, can we say this hadeeth is proving that Women can not see awrah (face and hands) of other women?? simply no Secondly There is another hadith which states:
Narrated Aisha, Ummul Mu’minin: Asma, daughter of AbuBakr, entered upon the Apostle of Allah wearing thin clothes. The Apostle of Allah turned his attention from her. He said: O Asma’, when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to her face and hands.(Narrated by Abu Dawood # 4092 Authenticated by Shaykh Al Bani see same article regarding the response of Shaykh al-Bani to those who said it is weak)
7. Related Links
A. A must See the Beautiful Article by Kevin Abdullah Karim (A Revert) answering those who believe its Obligatory to cover Face and he provided evidences that Surah an Nur ayah 21 revealed after Surah Al Ahzaab ayah 59 http://www.answering-christianity.com/karim/part_3_g.pdf
B. Also see this beautiful Answer by Islam City Team and they quoted Majority of the scholarshttp://www.islamicity.org/dialogue/Q709.htm
C. See the Wonderful research of a sister on Face Veil (her stance it is recommended to cover face but not obligatory)
i) Evidences for Jilbab and meaning of Jilbab (providing both side evidences) http://www.muhajabah.com/jilbab.htm
ii) See detailed Answer to those who say its obligatory and Evidences of those who say its Mustahab
http://www.muhajabah.com/niqabdalils.htm
Some excerpts from this link a) Bukhari Book 54 #515. Narrated Sa’d bin Abu Waqqas: Once Umar asked leave to see Allah’s Apostle, in whose company there were some Qurayshi women, who were talking to him and asking him for more financial support,raising their voices. When Umar asked permission to enter, the women quickly screened themselves (fa badirna al-hijab). When Allah’s Apostle admitted Umar, Allah’s Apostle was smiling. Umar said, “O Allah’s Apostle! May Allah keep you happy always!”. Allah’s Apostle said, “I am astonished at these women here with me. As soon as they heard your voice, they quickly screened themselves”. Umar said, “O Allah’s Apostle! You have more right to be feared by them”. Then he addressed (the women) saying, “O enemies of yourselves! Do you fear me and not Allah’s Apostle?” They replied, “Yes, for you are a fearful and fierce man as compared to Allah’s Apostle”. On that Allah’s Apostle said (to Umar), “By Him in Whose hands my life is, when satan sees you taking a path, he takes a path other than yours”.
COMMENT: Here we see that the women were not wearing niqab when they were in front of the Prophet (sAas), since they had to put it on when Umar (rAa) entered. How could it be fard then?? Instead, this is like Umm Khallad (rAa) or Asma (rAa),it merely shows that niqab is mustahabb and sunna. Surah al-Ahzab ayah 59 was revealed in Dhu’l-Qida 5 A.H. and Surah an-Nur ayah 31 in Shawwal 6 A.H., whereas this hadith seems to be taking place after the conquest of Mecca in Ramadan 8 A.H., after which the women of Quraysh (along with the men) all accepted Islam.
b) Ibn Abbas said: A beautiful woman, from among the most beautiful of women, used to pray behind the Prophet. Some of the people used to go to pray in the first row to ensure they would not be able to see her. Others would pray in the last row of the men, and they would look from underneath their armpits to see her. Because of this act, in regard to her, Allah revealed, “Verily We know the eager among you to be first, and verily We know the eager among you to be behind” (Surah al-Hijr ayah 24) — this hadith is found in ibn Majah, Abu Dawud Tayalisi, Baihaqi, Ahmad, Tirmidhi, and Nasai and it is judged SAHIH by Albani. He includes it as #3472 in his Silsilat al-Ahadith as-Sahih
COMMENT: This hadith only makes sense if the woman’s face was uncovered. Why did Allah SWT not reveal a command for niqab, if niqab is fard to prevent such situations? Instead, the Prophet (sAas) merely admonished the men, who are commanded to lower their gazes in Surah an-Nur ayah 30 and were not doing so.(end saying from Al Muhajabah)
(Note: Shaykh Nasir ud Din Al Bani Authenticated this hadeeth in Silsilat al-Ahadith as-Sahih # 2472 and not 3472, and According to Imam Tirmidhee this is the saying of Abu Al Jauza who is narrating from Ibne Abbas and according to Ibne Katheer there is some nakarat in this saying (but they both (tirmidhee and Ibne kathir) never did airha on chain) Shaykh Al Bani replied all the allegations, And According to Imam Hakim in al Mustadrak 2/353 this chain of Ibne Abbas ra is authentic and Imam Dahabeeagreed with him in talkhees al Mustadrak, This Hadeeth is Authenticated by Imam Ibne Khuzaimah as he narrated this hadeeth in Saheeh Ibne Khuzaimah# 1696, Dr mustafa azami who is muhaqqiq of sahih ibne khuzaimah, he said “the chain is sahih and authenticated by Ibne Hibban,Hakim and ad-Dahabee”. and Shaykh Shoaib al Aranoot said in the Hashiyah the Chain is Hasan,Authenticated by Ibne Hibban as he mentioned this hadeeth in his Saheeh#406. Narrated by Tabree and Mentioned by Zamakhsharee, Al Razi, Bizawi, Ibne Jozi, Shawkani in their commentaries of Quran under Surah Al Hijr ayah 24 and Imam Abu Hayaan Al Andalusi (d. 754 h) said in his commentary of Quran
وقال ابن عباس ومروان بن الحكم، وأبو الجوزاء: كانت تصلي وراء الرسول امرأة جميلة، فبعض يتقدم لئلا تفتنه وبعض يتأخر ليسرق النظر إليها في الصلاة، فنزلت الآية فيهم. وفصل هذه الآية بهاتين الصفتين من الحكمة والعلم في غاية المناسبة.
Ibne Abbas, Marwan bin Al Hakam and Abu Al Jawza said A beautiful woman used to pray behind the Prophet Peace be upon him…(and same narration)
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see also Evidences for Jilbab and meaning of Jilbab (providing both side evidences)
c) http://www.muhajabah.com/faceveil.htm
d) http://www.muhajabah.com/faceveil.htm
e) http://www.muhajabah.com/khimar.htm
f) http://www.muhajabah.com/scholars.htm
g) http://www.muhajabah.com/moreniqab.htm
D. Why I Wear Hijab And Not Niqaab
Tara bint Curtis Gregory conducts a painstaking investigation of what the often disputed references from the Quran and ahadith actually say and sets out the conclusions she has arrived at after three years of research.
http://www.islamfortoday.com/niqaabtara.htm
Some excerpts from this link Narrated Anas ibn Malik: The Prophet (saws) brought Fatimah a slave which he donated to her. Fatimah wore a garment which, when she covered her head, did not reach her feet, and when she covered her feet by it, that garment did not reach her head. When the Prophet (saws) saw her struggle, he said: There is no harm to you: Here is only your father and slave. Sunan Abu Dawud: Book 32, Number 4094.
and
Narrated Aisha, Ummul Mu’minin: Safiyyah, daughter of Shaybah, said that Aisha mentioned the women of Ansar, praised them and said good words about them. She then said: When Surat an-Nur came down, they took the curtains, tore them and madehead covers of them. Sunan Abu Dawud: Book 32, Number 4089.
and
Narrated Umm Salamah, Ummul Mu’minin: When the verse “That they should cast their outer garments over their persons” was revealed, the women of Ansar came out as if they had crows over their heads. Sunan Abu Dawud: Book 32, Number 4090.
Commentary from Sheik Al-Albani on the preceding ahadith: Here, the Prophet was waiting for his daughter to cover from her head to her feet, the mother of the believers was praising the women for their understanding and implementation of this verse. If they were wrong, it would have been correction, not praise. Did our great Prophet, himself, not understand? Did his beloved daughter not understand? Did Aisha, the mother of the Believers, who is undisputedly one of the greatest scholars of al Islam, not understand? It is inconceivable that the Prophet and these gre at woman who lived with and learned from the Prophet himself, would understand Islam less than these modern self-appointed scholars of Islam. May Allah guide them and protect us from them!”
6. That tafsir of the above hadith is from Sheikh Al-Albani, the most respected muhadith amongst all of the scholars! Skeikh ibn Baaz and Al-Albani (may Allah have mercy on both) met in Minaa and Sheikh ibn Baaz used to pass all hadith questions to Al-Albani. This is not to forget that Sheikh ibn Baaz himself was an unchallenged imam of hadith.
7. Men are commanded to observe hijab as well. Hijab of the eyes. They are commanded to look down when they see a woman and if they happen to look at her the first glance is excused but if they follow it with a second one they will be held accountable. If men upheld up their part of the bargain then fitnah will not be so rampant. I ask again as I did in point #2, if it is true that Allah (swt) commanded women to cover everything except one or two eye(s), then why would He order the believing men to lower their gaze?
E. Some of the Fatwas by the Scholars and Muhadditheen of Our Era on Face Veil is Mustahab but not Obligatory.
i) Shaykh Nasir ud Din Al Bani, Muhaddith of This Era
http://www.islamicweb.com/beliefs/women/albani_niqab.htm
ii). Ahmad Al Kutty (Islamic University of Madinah, Saudi Arabia: Licentiate in Usul al-Ddeen (first rank).http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&;cid=1119503546030
iii). Abdul-Fattah `Ashoor (Shaykh. `Ashoor is the former head of the Islamic Studies Department in the Faculty of Education at Al-Azhar,taught Shari`ah sciences at Al-Azhar and in the United Arab Emirates and Kuwait.)
http://www.islamonline.net/servlet/Satellite?cid=1159951503043&;pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaEAskTheScholar