LikeAsalamu alaykum,
“Why do we have to wear Hijab in the USA? Don’t religious laws change according to time and place? Isn’t there room for this to change?”
The Answer:
Asalamu alaykum,
I pray that this message reaches you well, full of faith and please with your lord,
Dearest Sister:
I would like to thank you for taking the time to type this email to me. Such questions are a sign of one’s faith and concern for Islam. I ask Allah to reward you greatly for this concern and pray that He will bless us all. Indeed, as you noted in your question, there are certain rulings in Islam that can change according to place, time and situation. The general principle is that the rulings themselves don’t change, but the articulation of such rulings can. Meaning, the ruling, whether permissible, forbidden or disliked is still met, however, it is done so in a manner that facilitates its practice for Allah’s servants while meeting the requirements set by the faith. An example would be buying and selling [check, credit card or cash], what type of prayer rug one uses, and the instrument one might use to hunt or the means by which one travels to Hajj. However, there are times where one is excused from doing religious acts due to abnormal circumstances. Such situations would need to be addressed by a qualified mufti and demand an article dedicated to the topic itself.
On the other hand we have rulings which are fixed and unchangeable. The only way a change would be possible is under dire circumstances like the threat of death, harm or sickness and other things.
Examples
- Fasting, although an obligation, in the face of sickness one is allowed to break his fast
- Prayer, although it is an obligation for one to prayer standing, if one can’t she can do so sitting
- Hajj, although and obligation, its obligatory status is based on ability
- Even faith itself, if one is threatened with death, he’s allowed to deny is faith.
The above rulings, and their exceptions, are prescribed in our holy texts. However, scholars considered the threat of one of the five following as being enough for a ruling, even when dealing with a fixed ruling, to change:
- Faith
- Intellect
- Life
- Lineage
- Property
With some adding honor.
Ruling on Hijab
The hijab is identified by all the scholars [Save a few non-Orthodox scholars over the last 20 years] as a fixed obligation which cannot change unless a qualified legal scholar deems that a sisters situation demands it. Examples would be the Inquisition in Spain and the recent wars in Bosnia and Rwanda. However, it should be noted that such a change is, at least most of the time, considered temporal at best as it would fall under what are known as Nawazil. The latter are identified as temporary trials who’s outcomes, at least for the most part, are not permanent.
In the West
Scholars state that there is nothing that meets this requirement in the West that would allow our sisters, in the general sense, to remove their hijabs . Thus, I hold the opinion of all major scholars, males and females, that sister must observe the Hijab.
A Look at the Hadith of Asmah and other Sound Texts that Support Hijab/Niqab
I certainly understand people’s contentions about the hadith of Asmah narrated by Abu Dawod where the Prophet [sa] scolded her saying that the only thing a pubescent woman should show is “These two” pointing to his face and hands.
Proofs for Hijab and Niqab
In a sound hadith we have the Prophet telling Sawda, his wife, “Cover yourself in front of him.” The word he used is Ihjabi which means “Cover Yourself.” It is an order, and in Islamic law an order means an obligation.
A proof for Hijab is found in al-Bukhari’s collection where one of the companions, trying to remember a woman’s name couldn’t and said, “I cannot recall her name, but I remember the mole on her face.” This shows that Hijab was required and, as is the case with Sawda, and women, if she wanted could wear Niqab as it was the practice of the Prophet’s wives [sa].
The hadith of Asmah bin Abi Bakr, mentioned above, found in the Sunnan of Abid Dawood is strengthened by the narrations above as well as the Hadith of Fadil ‘Abbas, the brother of Ibn ‘Abbas, found in Bukhari’s collection that clearly mentions him seeing the face of a woman. Thus, in the face of those two sound narrations, the narration of Asmah found in Abi Dawod’s collection, where the Prophet scolded, her telling her the only thing a pubescent woman should show is, “These two pointing to his face and hands” is at least Hassan li Gharihi or, as our scholars noted, sound.”
One of Proofs for Niqab
In another narration, found in al-Bukhari’s collection as well as Malik’s Muwatta, we find the hadith of Habibba bin Sahl. She needed to speak to the Prophet [sa] so she waited for him after the morning prayer. When the prophet approached her he could not recognize her because she was completely covered [Niqab] as noted by al-Baji. The Prophet [sa] said to her, “Who are you.” This is one of the many proofs that, as the Hanbali school holds, a woman should cover her entire body save her eyes.
What we don’t have is a third option. Namely: wearing nothing, showing the neck and the like. There are not authentic reports of the Companions taking off their Hijabs at all.
Where I would advice you is to wear the Hjiab instead of the Niqab. I base this on the fact that it is a contentious issue and we have a legal axiom that allows us, in the face of contentious issues, to take the more appropriate for our time and place. Secondly, adapt the method you wear the Hijab. There is nothing wrong with wearing Western clothes as long as the meet the Islamic requirements. I hold this opinion is at is articulated by the Maliki school. Abu Barkat in al-Sharh al-Saghir [one of the most reliable books for Fatwa in the school] states that a woman’s ‘Awrah is in general, “Everything save her face and hands.” See al-Sharh al-Saghir volume 1.
Islam means to surrender and surrender involves struggle. I would want to encourage you to struggle and continue to ask Allah for His help.
Your brother
Suhaib
Salaam Sh Suhaib..a small suggestion:
“Even faith itself, if one is threatened with death, he’s allowed to deny is faith”
Maybe something like “one is allowed to utter words of Kufr/Blasphemy” since we are not actually denying out faith, just making it out as if we were, as even in these situations our heart stays firm on Iman.
Hope you dont mind
tc
Wassalam
Haq…
Asalamu alaykum,
Why would I mind? Imam al-Muhassibi said, “Know! The one who loves you gives you nasiha, and the one who flatters you, cheats you.”
I’m very grateful for your remarks and comments.
SDW
Salam
Brother Suhaib… you say: “The hijab is identified by all the scholars [Save a few non-Orthodox scholars over the last 20 years]“. Forgive me if I am wrong, but there have been a very small number of ‘orthodox scholars’ over the last 20 years who have given an opinion of hijab not being mandatory. These include, I believe (and again forgive me if I am wrong), Zaki Badawi, former head of the Central London mosque, and also Muhammed Al Ghazali. My question is, what should our attitude be to such scholars, if they are going so far away from mainstream opinion?
Asalamu alaykum,
Sh. al-Ghazzali was against the niqab, not the hijab. As for Sh. Badawi [ra] I have not seen his fatwa so I’m not at liberty to comment on it. I would appreciate seeing it.
SDW
Salam
I do not have the actual fatwa from Sheik Badawi, but his name is often mentioned by those people who claim that hijab is not mandatory.
Another question: would the fact that historically, muslim women – all over the world – have indeed worn hijab since the time of the Prophet(SAW), constitute a proof for hijab being mandatory? After all, Imam Malik (RA) used the actions of the people of Madinah as proof.
As far as i know people have misquoted or misunderstood Zaki Badawi.
He said that if a women feared for her security then in those situations she may open her hijab since he said the cause of its leglislation was for her security and if this was undermined by wearing it, then taking it off would be allowed in those
circumstances only. Thus his view, as far as i know, also is that the default situation is that Hijab is mandatory, whilst he gave a Rukhsah (Legal License) to women in situations where they feared for their security.
He said this after the London Attacks which made the situation of the Muslims here quite difficult especially in areas where Muslims numbers were few.
They registered more than 15,00 assault against hijab-clad women
within a three day period, in addition to a flood of threat letters.
Thus you can see the context of such a fatwa,,saying that Zaki Badawi did not view the hijab as mandatory is dis-service to him and a gross misinterpretation of what he said.
Whether i agree with such a fatwa and its implications, and this type of inference is not important here and i am only saying this to clarify the issue.
This is as far as i know it, being a Musim living in the UK
Wassalam
Haq…
salam,
What is the status of one who denies the obligation of hijab?
Salam wr wb sheikh suhaib. I have been told by many sisters that they hate the hijab that they wear and they dont see it as necesarry to Islam. One even said that some of the most religious muslimahs that she knows is not a muhajjibah. Another thing i keep hearing is that it is a social stigma and that “i would not understand”. How can I possibly, as an outsider, respond to these arguments?
Asalamualaikum wrt wb,
All praise be to Allah, jazakumallahu khairan Imam Suhaib. One more daleel for the legal obligation of the Hijab, in fact the main proof, the verse from Surah Noor:
“And say to the believing women to lower their gaze, and guard their private parts, and cover their necks and chest with their khimar (head covering).”
The khimar is what the Sahabiaat women used to cover their hair. The verse is affirming that they must wear the khimar and in addition, cover their necks and chest with it.
And Allah knows best.
As-Salamu alaikum wa rahmatullah,
To reiterate the shaikhs point, I would like to mention that when making Ijtihad or seeking to see if a
given rule is applicable to different times and places our scholars look to identify something implied
in the texts known as an “‘illah” this could be roughly translated as the reason or purpose for the ruling.
For example with alcohol and drugs is “intoxication” therefore anything that is scientifically proven to
intoxicate is deemed as Haram and vice versa which is why the famous Fatwas these days on non-alcoholic beer
are permissible. It is a fact scientifically that there still remains in the beer .00000-something alcohol
after its being de-alcoholized, but on the other hand science indicates that a person would have to consume
23 12 oz. cans in one hour to have any “intoxicating” effects thus the person would die of consuming to much fluid
way before being intoxicated by it.
In the Hijab, and Allah knows best the “‘Illah” or reason for its ruling is to conceal the beauty of a woman.
even though our fellow western counterparts despise the Hijab they do admit that beauty is in the hair, skin
and curves of a woman. They also admit that there is no reason for her to conceal these beauties as it is
her right to dress as she likes. Allah disagrees with them.
My point is that the “illah” will remain until the Day of Judgment therefore so will the ruling. For our brother
who asked about our attitude and or the ruling concerning those who do promote that Hijaab is not Islamic?
I would say that this is something that is known from the Deen by necessity and thus the consensus of scholars
hold it to be the menaing of no less than three Ayas as well as the more clearer meaning of a few Hadiths as well
as the understanding of the Sahahaba adn tabi’een. Our Attitude to them is that of calmly and respectfully presenting
the proofs and the clarification as to why it can become an issue of Aqeedah as well as what it means to introduce
something which was never part of Islam as a result of Western influence. The ruling was laid out by Allah in soorah
an-Nisaa 115 and we seek refuge with Allah from falling under such a ruling.
And Allah knows best
Assalamu alaikum
Jazak Allah khayr for this timely post. I recently heard a person saying that it was not obligatory for a woman to wear a hijab and was pleased to see the post here.
Alahmdulillah I have been wearing my hijab since puberty and I’m pleased to wear it as an ambassador for Islam and I pray that Allah reawrds me and all the muslim sisters who wear it for His sake.
I do not wear the niqab, however, as i would feel unsafe to wear it in the UK. I have heard of many niqabi sisters being attacked, or even shouted at in the street. I know sisters who have worn the niqab but were asked by their own husbands to remove it due to fear for the sisters safety.
- just thought i’d share this. what are things like in the US for sisters with niqab?
fi amanillah
I just wanted to know what is the fatwa if ones husband totally does not approve her hijab.And the hijab is creating a problem in their marriage.
Dear Shaikh,
Regarding the two hadith you brought forth as some people's proof for not niqab not being mandatory, the scholars who support niqab maintain that those hadith were before the revelation mandating hijab/niqab. Complete hijab was only after the battle of ahzaab (in surah ahzaab, not surah noor) which was sometime after the 6th hijri.
This means there will be almost 19 years of hadith in which sahabiyaath did not cover their face. Similarly, hadith can be found of sahaba talking in Salah or drinking alcohol. This was all before the mandate prohibiting such acts.
Of course, each school has its proofs, but I just wished to point this principle out when people sometimes find conflicting hadith. And Allah knows best.
wassalaam
Asalamu alaykum,
Dear Sumair:
The theory of abbrogation regarding this injunction is not an agreed upon contention.
SDW
Assalamu alaikum sheikh Suhaib,
I just wanted to know if wearing the jilbaab (or abaya as commonly worn by sisters) is fardh? Can sister's who work wear loose trousers/skirt and a long top/shirt in the work place?
The jllbab isn't fard. You can wear loose clothing (skirt, etc) as long as it covers the awrah and is loose enough not to reveal the shape of your body… Imam Suhaib can correct me if I'm wrong.
salam
First of all thank you sooo much… im 16 and go to high school and i wear a hijab but i didn’t know why… i finally learned why from you yesterday. The problem is alot of people ask ” why do you wear a ‘turban’ on your head”?but I dont have an answer. how can i explain it why in a way that would relate to teens or todays world?
wassalam
salaam!
i have an issue regarding a converted muslim who has accepted islam and wears a hijab in fact all her children do also. Although she married a muslim he had never forced her to accept islam in any way. His belif is that one should accept islam through their own accord and marriage must not be used to convert as this is not true conversion. The issue i have is concernining her parents and her hindu family that she had not seen for 30 yrs, she was bought up as a hindu and lived a life of a hindu for 30yrs.
she has been a practicing muslim for the last fifteen yrs. she has recently made contact with her parents and family via telephone for the first time and has informed them of her well being and that she has changed her religion to a muslim, first reaction from her family was muted to show their resentment but not verably objectected, so she continued liason, and the parental urge of her parents took presidence and they wanted to see her and the family and asked her to come to india, she oblioged by arranging flights etc, but just before leaving she had sent them photos of her self and family all wearing hijab. Then a phone call came from india Parents asking/requesting her not to wear her hijab to visit them in their family home for the duration of her visit (2-3days) because of the local resntment that might be caused by knowing that a local prominant hindu family have a member of their family onverted to a muslim. Remember that the place we are talking about is Gujrat where recently a riot took place between hindus and muslim, where BJP rules all the major states. true there are muslim there but my suggestion is this that she should remove it just for the duration of that trip so that she doesnt cause hardship to her family. Remember they are not asking her to change her reigion but maybe trying to avoid a backlash of hindu hardliners. Infact the hindu family started greeting their daughter with salaam and eid mubaraks with the little knowledge they have of islam.
However the two eldest children have refused to take off their hijab and are pressuring the mother to accept their stand. I’m saying like she was never forced to accept islam in her life why is she forcing her parents to accept the consequenses of her conversion by local extremest /neighbors etc take out on her parents. She will be gone and they will have to bear the brunt of isolation and whatever backlash that might bring upon them. They are not asking her to deny her religion this is her first vist for almost thirty years the father and mother are hoping to see their daughter and grand children for the first time. they want a peacfull ending to this not a violant repercussion do the deserve this. Can she not tolerate their demand for 2-3 days to keep peace. Please advise