Fatwa ID: 07342
Answered by: Mufti Mamunur Hussain
Question:
As Salaam aleykum mufti sb.
Do you have any research on Niqab in Islam. What type of واجب would it be?
Does it come under سد ذرائع. Is there flexibility in our tradition considering that امام ابو حنيفة And his اصحاب didn’t regard it as واجب
I have been asked to attend a family meeting. A boy and girl were engaged to get married but the boy (studied to arabi saum) has called the marriage off because the girl (despite being حافظة) doesn’t want to wear Niqab.
He insists that it is wajib and since returning from jamaat says he can’t marry a girl who doesn’t wear Niqab.
Girl says that she has difficulty breathing when she tried wearing in the past and doesn’t want to wear now maybe in the future but says she doesn’t want to be forced to wear. May take years may never wear it. Advise please
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Allah says in the Qur’an in relation to women:
يَـٰٓأَيُّهَا ٱلنَّبِىُّ قُل لِّأَزْوَٰجِكَ وَبَنَاتِكَ وَنِسَآءِ ٱلْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِن جَلَـٰبِيبِهِنَّ ۚ ذَٰلِكَ أَدْنَىٰٓ أَن يُعْرَفْنَ فَلَا يُؤْذَيْنَ ۗ وَكَانَ ٱللَّهُ غَفُورًۭا رَّحِيمًۭا
O prophet, tell your wives and your daughters and the women of the believers that they should draw down their shawls over them. That will make it more likely that they are recognized, hence not teased. And Allah is Most-Forgiving, Very-Merciful. (Surah Ahzab 33:59 — Mufti Taqi Usmani)
According to most of the commentaries of the Qur’an, the cited verse makes it obligatory for women to veil themselves from non-mahrams in such a manner that their beauty is not on display nor can it be seen.
Imam Qurtubi commentates on the cited verse by saying that there is a difference of opinion as to how exactly how the face should be covered, but all mention that the face needs to be covered.1
Allamah Ibn Abideen citing the opinion of the Hanafi school, in his magnum opus says that it is necessary for women to veil themselves from non-mahrams due to fear of fitna.2 Therefore, the idea of ‘sadd al-zara’i’ applies as exposure of beauty is likely to cause fitna in society.
As such it is necessary for a woman to veil herself appropriately, however one should note that there are mainly scholars who are of the opinion that niqab is a recommendation and not an obligation. As such, as the brother looking to get married takes the opinion that it is wajib he should look for a sister who adheres to that opinion, as marrying someone who doesn’t believe it so, or forcing them to wear at the time of marriage is likely to lead to disputes and discord later on.
Ultimately, it is down to the couple looking to get married, if she agrees to wear it on her own accord then it should be fine as she will not hold on to that, whereas if she feels forced then it is likely to cause issues in the future.
Only Allah (عز و جل) knows best.
Written by Mufti Mamunur Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1 Tafseer al-Qurtubi (Dar al-Kutub al-Misriyyah, vol 14, pg 243)
وَاخْتَلَفَ النَّاسُ فِي صُورَةِ إِرْخَائِهِ، فَقَالَ ابْنُ عَبَّاسٍ وَعَبِيدَةُ السَّلْمَانِيُّ: ذَلِكَ أَنْ تَلْوِيَهُ الْمَرْأَةُ حَتَّى لَا يَظْهَرَ مِنْهَا إِلَّا عَيْنٌ وَاحِدَةٌ تُبْصِرُ بِهَا. وَقَالَ ابْنُ عَبَّاسٍ أَيْضًا وَقَتَادَةُ: ذَلِكَ أَنْ تَلْوِيَهُ فَوْقَ الْجَبِينِ وَتَشُدَّهُ، ثُمَّ تَعْطِفُهُ عَلَى الْأَنْفِ، وَإِنْ ظَهَرَتْ عَيْنَاهَا لَكِنَّهُ يَسْتُرُ الصَّدْرَ وَمُعْظَمَ الْوَجْهِ
2 Radd al-Muhtar (Dar al-Fikr, vol 6, pg 370)
فَحِلُّ النَّظَرِ مُقَيَّدٌ بِعَدَمِ الشَّهْوَةِ وَإِلَّا فَحَرَامٌ وَهَذَا فِي زَمَانِهِمْ، وَأَمَّا فِي زَمَانِنَا فَمَنَعَ مِنْ الشَّابَّةِ
