Lifting the Veil (Niqab) – A Consideration of Circumstances

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Niqab

Introduction

A woman in niqab ©
Niqab is different from hijab. Hijab refers to covering everything except the hands and face. Niqab is the term used to refer to the piece of cloth which covers the face and women who wear it usually cover their hands also. It is worn by many Muslim women across Saudi Arabia and the Indian subcontinent and is worn by many women in the West.

Historically, the veiling of the face was practised by many cultures before Islam and scholars say the adoption of its practice by Muslims was part of fitting into the society.

Although the majority of scholars agree that hijab is obligatory, only a minority of them say that the niqab is.

The scholars who do say it is obligatory are further divided by exactly what they believe needs to be covered. Some say that the eyes may be left unconcealed, while others say that everything must be concealed.

However, those scholars who rule that niqab is not an obligation do not necessarily oppose those who choose to wear it.

The most authentic ruling according to the majority of scholars is that it is not necessary and, unlike hijab, there is no sin if it is not worn. Some of these scholars state that wearing the niqab as an act of extra piety, provided they do not believe it is an obligation, will be rewarded.

Muslim Headscarves

The word hijab comes from the Arabic for veil and is used to describe the headscarves worn by Muslim women. These scarves come in myriad styles and colours. The type most commonly worn in the West is a square scarf that covers the head and neck but leaves the face clear.

The niqab is a veil for the face that leaves the area around the eyes clear. However, it may be worn with a separate eye veil. It is worn with an accompanying headscarf.

The burka is the most concealing of all Islamic veils. It covers the entire face and body, leaving just a mesh screen to see through.

The al-amira is a two-piece veil. It consists of a close fitting cap, usually made from cotton or polyester, and an accompanying tube-like scarf.

The shayla is a long, rectangular scarf popular in the Gulf region. It is wrapped around the head and tucked or pinned in place at the shoulders.

The khimar is a long, cape-like veil that hangs down to just above the waist. It covers the hair, neck and shoulders completely, but leaves the face clear.

The chador, worn by many Iranian women when outside the house, is a full-body cloak. It is often accompanied by a smaller headscarf underneath.

The Case for Niqab

Evidence for the Obligation of Niqab

There are only a few references to veiling in the hadith and most of these actually refer to the khimar, which is restricted linguistically to head covering. The covering of the face is only mentioned in three hadith and never by the command of the Prophet Muhammad. In fact, in one hadith, the companions of the Prophet Muhammad are even surprised at one woman's wearing of the niqab during her time of bereavement.

The main evidence from scholars who believe that niqab is obligatory comes from these verses of the Qur'an.

O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft- Forgiving, Most Merciful.
[Qur'an 33:59]

Scholars, such as Imam Abul A'la Mawdudi from the Indian subcontinent, suggest that these verses refer to covering the entire body, including the face and hands. The order 'cast their outer garments' in Arabic is similar to phrase 'draw together'. Scholars say that as a result of this verse, the women at the time of the Prophet drew together their garments over their entire body, including the face.

One hadith that is used as evidence for this is:

Narrated 'Aisha (wife of Prophet Muhammad): The Messenger of God, may the peace and blessings of God be upon him, 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.
[Bukhari]

This hadith has been dated some time after verse 33:59 was revealed. Proponents of the niqab say that this hadith shows that the women during the time of the Prophet were not recognisable and hence they must have worn niqab.

However, other scholars have argued that their faces were unrecognisable because it was dark, not because they were covered up. It is interesting to note that Aisha says 'some' women, and not all. Furthermore she refers to the early-morning prayer and not to any other. It would certainly make it more difficult to see who individuals were if they were dressed in cloaks before sunrise.

In addition, they have argued that the order 'cast their outer garments over their persons' has been misunderstood. They say that the word 'face' has not been indicated in the Arabic, and it would therefore be wrong to extend the meaning.

Other proponents of the niqab use this Qur'anic verse for evidence for the niqab.

... And when ye ask (the Prophet's wives) for anything ye want, ask them from before a screen: that makes for greater purity for your hearts and for theirs. [Qur'an 33:53]

The wives of the Prophet were indeed required to wear the niqab by this Qur'anic verse. This is because the special status they had meant they had to be kept clear from all gossip and slander. Scholars say that if the wives of the Prophet, as the best of feminine examples, were required to wear niqab, then the ruling falls on all women.

However, earlier on in the same chapter, the Qur'an also very clearly states that the Prophet's wives were not similar to other women.

O Wives of the Prophet! You are not like any of the other women. [33:32]

Most scholars are in agreement that the verse about the screen, or concealing of the face, is only obligatory on the wives of the Prophet. They say the verses are a clear indication that the wives of the Prophet are much more restricted in their movement due to their political position, and that their code of conduct does not constitute a code of conduct for women in general.

The Case against Niqab

Evidence against the Obligation of Niqab

Most scholars, including the four main schools of Islamic jurisprudence, hold the view that niqab is not an obligation.

They cite a number of references for this opinion.

Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do.
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...
24:30-31
According to the majority of contemporary scholars 'what is apparent of it' refers to the hands and face.

Another scholar, Shaykh Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada suggests that because God asks both men and women to lower their gaze, it suggests their faces are visible, otherwise there would be no sense in it.

Scholars holding this view also state that it is well accepted by all scholars that the Prophet categorically forbade people from covering their faces or hands during hajj, the pilgrimage to Mecca. If it was necessary that the hands and face be covered at all times, he would not have stated its impermissibility during one of the most sacred points of a person's life.

It is also generally held by the majority of scholars, including those that believe niqab is obligatory, that covering the face during the five daily prayers is also prohibited.

Another strong indication that niqab is not an obligation is presented in this hadith.

Abdullah bin Abbas reports that the Prophet was riding a camel with Al-Fadhl, Abdullah's brother, behind him. A beautiful woman came to ask the Prophet about the Hajj of her father. Al Fadhl began to stare at her; her beauty impressed him a lot. The Prophet (peace be upon him) having noticed this while Al Fadhl was busy looking, put his hand behind and turned his face away from her hither and thither as she went along with them. Al Abbas said to the Prophet, "you are twisting the neck of your nephew!" The Prophet replied, "I noticed that both the boy and the girl were young; and I feared that Satan may intervene".
[Tirmidhi and Bukhari]

Scholars argue that the Prophet controlled the boy Al Fadhl's gaze, but didn't mention the fact that the woman was not covering her face. As a rule, anything that Prophet Muhammad stays silent about is tacit approval. This hadith would seem to indicate strongly that niqab is not obligatory.

Scholars in the West

Obligation versus Recommendation

Some contemporary scholars have gone further in their rulings about the niqab in the West. Although they may agree with its practice in Muslim countries, they say that it is harmful in the West and should therefore be avoided.

Shaykh Darsh, a prominent UK scholar, did not believe that the niqab was necessary, or even recommended by the Prophet for women to wear. But if you were going to argue that niqab was a recommended act, he explained his opinion for wearing niqab in this country in the following way:

Some People Believe that Niqab Is Recommended (Sunnah)

Everybody believes that inviting people to Islam (da'wah) is obligatory (fardh)
The niqab is often a very significant barrier to da'wah in the West where the concept of face covering has never been known
If a recommended act is a barrier to an obligatory act, one must not sacrfice the fardh for the sunnah
Shaykh Nuh Keller, a Jordanian Shafi'i scholar and translator of Reliance of the Traveller, has put forward a similar argument for women in the West. He says that women should not wear niqab in the West because it can lead to harassment and act as a barrier to inviting people to Islam.

A Question of Choice

Freedom of Choice

Although the much stronger scholarly opinion holds that the niqab is not an obligation in Islam, it is appreciated that there is an opinion which believes it is. Differences in opinion are respected and celebrated, which is why a follower of one of these opinions will rarely say the other is completely wrong, or haram.

Niqab has a place in Islam, since the Prophet's wives were required to wear them. In today's context, many women attempt to emulate the best of women to bring themselves closer to God.

http://www.bbc.co.uk/religion/religions/islam/beliefs/niqab_1.shtml

Lifting the Veil – A Consideration of Circumstances

By: Sheikh Sâmî al-Mâjid, professor at al-Imâm Islamic University, Riyadh

There are Muslim women around the world who have chosen to cover their faces in public. Most of these women sincerely believe that it is their religious obligation to do so. Their decision can be met with resistance, especially in the workplace or when they are engaged in certain public activities. Often those who oppose their wearing the face veil cite practical considerations that they claim make the veil unviable. The women who wear the face veil can find themselves under a lot of stress. They sometimes feel that they have to choose between either functioning normally in society or obeying their Lord.

The matter of the woman covering her face has two dimensions. One is the matter of a woman showing her face in public. The other is that of the man looking at a woman’s face. Scholars who discuss this matter might approach it from one of these two angles or both.

In brief, we can say the following with certitude:

1. It is unlawful for a Muslim man to look lustfully at a woman who is not his wife, regardless of who the woman is or how she is dressed. If a man deliberately does so, then he is sinning.

2. It is unlawful for a Muslim woman to present herself in any way with the deliberate intention of inciting the sexual desire of any man besides her husband. If she does so, then she is sinning.

3. The matter of covering the face is something about which there is legitimate scholarly disagreement. The majority of scholars hold the view that it is not obligatory for the woman to cover her face, though many of these scholars consider it obligatory in cases where sexual temptation is feared. However, there are others who consider it obligatory for women in general, and they have evidence to support their opinion. Their view is to be respected. Likewise, a Muslim who holds either view on the matter has a right to do so and this also should be respected.

A Muslim who does not consider the face veil to be obligatory should not dismiss or belittle the needs of those who do. Likewise, a Muslim who advocates covering the face has no right to look down upon those who do not.

The Degree of Seriousness

Though some scholars are of the view that a woman must cover her face when she can be seen by unrelated men, their opinion is based upon an interpretation of the evidence. There is no direct, unambiguous statement on the matter.

When a matter in Islamic Law is of great importance, there is always unambiguous and direct textual evidence about it. This is the case for rulings like the prohibition of polytheism, adultery, and theft. It is also the case for the prohibition of a man and woman being alone together. This is why all scholars agree on these matters.

The prohibition against a woman showing her face in public, on the other hand, is based on indirect evidence.

For instance, they cite the verse: “They should draw their head coverings over their bosoms” [Sûrah al-Nûr: 31]

Those who say a woman must cover her face use this verse to argue that if Allah orders a woman to draw her head covering over her bosom, it means implicitly that she will be covering her face.

Other scholars counter that the same effect can be achieved by wrapping the head covering around the face and allowing it to drape over the bosom. This is, indeed, what we see most women doing.

Therefore, we must realize that if the ruling on covering of the face had been a grave and serious matter, Allah would have addressed it with a direct and unambiguous statement.

We are certainly not saying that the scholars who regard covering the face to be obligatory are wrong. In fact, the author of this article considers them to be in the right. However, even if we accept that they are right, the matter is not as serious as other matters of Islamic Law which are established by decisive texts.

Relaxing the Veil

We now will examine more closely the statements of those scholars who claim that it is obligatory for a woman to cover her face in public. When we read the statements of the jurists who held this view – among the most vociferous in this matter being Ahmad b. Hanbal – we see that all of them allowed women to show their faces for a legitimate need. In brief, they allowed the woman to show her face in any case where the positive identity of the woman is needed and likewise, they permitted men to look at the face of the woman in order to make that positive identification.

Ibn Qudâmah, a leading Hanbalî jurist and proponent of covering the face, says the following in al-Mughnî (9/498):

A male witness may see the face of the woman he is to be a witness for…

If a man engages in business with a woman, either buying and selling or entering into a rental agreement, then he has a right to see her face… It is related from Ahmad b. Hanbal that that he disliked his doing so if the woman in question is young, but not if she were old. It is likely that he meant that he disliked it for someone who feared temptation and in cases where it is not necessary for him to transact with her. As for when there is a need and where there is no fear of overt sexual arousal, there is no objection.

Dr. Muhammad b. Sâlih al-Duhaym, the presiding judge at the Layth District Courthouse in Saudi Arabia, is a contemporary scholar who regards covering the face to be obligatory. He issued the following ruling:
If a woman is living in a country, or in a time, or under circumstances where she cannot cover her face and hands – whether the reasons are societal, political, or related to public safety – and if she might face difficulty or might lose out on a greater good, then it is permitted for her to uncover her face and hands.
Many Hanafî jurists hold the view that a man can look at woman’s face as long as his doing so does not incite sexual desire. If it does incite such desire in him, then he is prohibited from looking at her face. Nevertheless, in cases where there is a compelling need for him to see her face, then he may look at it, even if he feels desire.

The eminent Hanafî scholar, `Alâ al-Dîn al-Samarqandî, writes in Tuhfah al-Fuqahâ’ (3/334):
If there is a necessity, then there is no objection to the man looking at her face, even if he feels desire. This is the case for the judge or the witness. They can look upon her face in the dispensation of justice or when carrying out the function of acting as a witness.

Likewise, he can do so if he is intent on marriage, since the purpose is not to indulge his sexual desires. This is because of what is related from the Prophet (peace be upon him) that he said to al-Mughîrah b. Shu`bah: “If you would take a look at her, it is better for fostering harmony between you.”
We can see that the scholars who held that view that the face veil is obligatory all agreed that it can be removed when there is a need to do so. There are many cases where a positive identification is needed. This is the case when a person is giving testimony or being testified about in a court of law, or when a man needs to be a witness for the woman in some matter, or in business where a positive identification is needed – for instance at a bank – or when being questioned by law enforcement officials or when acting in the capacity of a law enforcement official. A modern but equally valid example would be when a woman goes to the polls to cast her vote in an election.

Necessities and Needs

Scholars of Islamic Law make a distinction between matters that are prohibited for their inherent evil and matters that are prohibited only because they have the potential to lead up to the perpetration of an inherent evil. For instance, murder, fornication, and drug abuse are prohibited in their own right. By contrast, a woman showing her face in public is prohibited – by the scholars who regard it as prohibited – because of the temptation that it might cause and that might lead to the sin of fornication or adultery. The woman is not required to veil her face for the mere sake of covering it.

This is an important distinction in Islamic Law. Things that are prohibited in their own right cannot be permitted except in cases of dire necessity (darûrah). For instance, a person may not drink wine. However, if that person is choking on something and can only find wine to save himself, he may drink it out of necessity. By contrast, things that are prohibited only because they can lead to other unlawful activities are allowed for any valid need (hâjah).

Ibn al-Qayyim explains this principle in I`lâm al-Muwaqqi`în:
Prohibitions regarding the means to wrongdoing are not like things that are prohibited for their own sake. Prohibitions regarding the means to wrongdoing will be lifted for a valid need (hâjah). As for things that are prohibited for their own sake, their prohibition is not lifted except in cases of dire necessity (darûrah).
We have already seen in the statements of scholars who considered the covering of the face to be obligatory, many cases where they allowed a woman to show her face for a valid need.

In societies where there is no public segregation between the sexes, there are many situations where a face veil is impractical and poses hardship on women, especially in professional fields. This is the case where a woman is a teacher who needs to interact effectively with her students. It is also the case where female students are in a school with male teachers or classmates. It places great difficulties upon a teacher who has to manage a full classroom if he or she cannot see the faces of all of the students. Indeed, it is often difficult enough under normal circumstances.

People living in such environments cannot compare their circumstances with those of people living in societies like Saudi Arabia where schools and banks are segregated. We can see that the reason why there is segregation in banks in Saudi Arabia – as opposed to the general Saudi marketplace – is chiefly because of the impracticality of accommodating the covering of the face while carrying out banking transactions.

Therefore, the needs of teachers, students, and other people in the public sphere are legitimate needs which are recognized and accommodated by Islamic Law. In mixed societies, these needs have to be accounted for. Women who believe that covering the face is obligatory under ideal circumstances may relax the face veil in consideration of these legitimate needs.

It is important for Muslims living in non-Muslim countries to be aware of these matters. Muslims have a right to petition for their legitimate religious rights. Part of this means knowing what those rights are and what is reasonable to demand. In many non-Muslim countries, the government and the people are willing to accommodate the needs of the Muslims. When Muslims demand to be accommodated by non-Muslim countries under circumstances which Islamic Law itself deems exceptional and where Islamic Law makes concessions, this leads to unnecessary tensions between the communities which might lead to a souring of relations between them.

On a more general note, we must take time to consider the effect that the face veil has on relations between Muslims and non-Muslims in countries where Muslims are a small minority. For non-Muslims, covering the face can be a scary matter, and something that they have a difficult time accommodating. It is not the same as when a Muslim woman wears a head scarf, and should not be compared with it, since the visibility of the face is a great comfort to people who are not used to the veil and since the evidence for covering the head is far clearer in Islamic Law. The obligation of covering of the head is a matter of consensus (ijmâ`). The matter of covering the face is not.

Therefore, the need for harmonious relations between Muslims and non-Muslims must be weighed against the benefits of a woman in that society covering her face under various circumstances. Muslims need to ask themselves: Will covering her face achieve the desired benefit of limiting sexual temptation in the society in which she lives and with respect to the people with whom she interacts? Will it produce negative consequences for her or for the society as a whole that outweigh those benefits? These are matters that the Muslims who live in such countries need to determine for themselves coolly and objectively.

And Allah knows best.

http://en.islamtoday.net/artshow-416-3005.htm

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