Fatwa ID: 09339
Answered by Muftiyah Maryam Badshah
Question:
My marriage has been three months. I love my wife deeply, consider her my honor and trust, and see myself as her protector. I absolutely do not want even a single strand of her hair to be seen by any non-mahram man. When she goes outside, she wears full niqab, which I have no objection to — in fact, I myself want this.
My issue is that I want her to **wear only hijab inside the house, at women-only gatherings, and at close relatives’ weddings, and to wear niqab when going outside.** The environment in our family is not such that women wear niqab at weddings, and I understand that covering the face and hands is not obligatory; rather, hiding the hair and adornments is obligatory. So, my stance is fully in accordance with Shariah.
However, my wife says that she will wear niqab even there. Because of this, she got upset, left the house, and says that she will not return until she is allowed to wear full Shariah-compliant covering, and this has even led to discussions about divorce.
Furthermore, she practices strict covering even in front of my maternal uncle, maternal aunt, and grandfather’s side relatives, even though all of them are over fifty years old and rarely visit our home. Once, when my maternal uncle came, my wife opened the door and immediately went inside, which left them confused about whether they should enter or leave, and they said, “Our feet have turned to stone.” I do not want uncovering in front of non-mahram men, but this level of strictness also does not seem reasonable. I want her to comply with my wishes while remaining within the limits of Shariah.
In this matter, should Shariah not support me?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
According to the Hanafi madhab, it is wajib for a Muslim woman to wear the veil before non-mahrams. Mahrams by marriage for a woman are her husband, her husband’s father and direct ancestors (i.e. grandfathers), and her husband’s sons (i.e. step-sons) and direct descendants. Excluding the husband, mahrams from marriage will remain a mahram for life, regardless of whether the husband passes away or a divorce occurs. This means your wife is correct in keeping her veil (niqab) on before your uncles and grandfather’s male relatives, regardless of their age. The choice of wearing the veil and old age is only in regards to the veiled woman herself, not in regards to men. This concession is only for a lady who is past menstrual age and she herself no longer desires marriage, but even then it is better for her to continue wearing the veil.[1]
“And women of post-menstrual age who have no desire for marriage – there is no blame upon them for putting aside their outer garments [but] not displaying adornment. But to modestly refrain [from that] is better for them. And Allāh is Hearing and Knowing.” Surah an-Noor (24:60) [2]
The minimum awrah of a woman in front of other women is the same as the awrah of a man in front of other men, which is from the navel to below the knee. However, it should be kept in mind that non-muslims and immoral women are treated the same as non-mahram men when it comes to viewing the awrah of a woman. This means it is not permissible for a muslim woman to expose any of her body (excluding the hands, face and feet) to these women, as they may describe her appearance to non-mahram men. A woman may also continue to wear her veil in order to protect herself from having her photo taken, especially during family and wedding events, for the same reason.[3]
Unfortunately, we continue to see in the Muslim community the incorrect perception for when a woman is to wear the veil and the idea that it is the right of others to pressure a woman into removing the veil according to their personal standards. A wife covering more and wearing the veil should be commended, rather than berated. Far too many people are more comfortable leaving alone those who cover less, but are quick to pressure a covered person to remove layers. Just as men cover more than their awrah in public and are not pressured to only cover their awrah (nor to remove their wajib beard), a woman should not be pressured into only covering her awrah and removing her wajib veil, even in a female environment. This is especially the case if removing it makes her uncomfortable.
If the insistence for a woman to remove her veil makes her feel that her appearance will be described to non-mahrams, she is within her right to question the intent and keep her veil on, and this decision is according to her judgement. The wearing of the veil is the responsibility and right of the one wearing it, and those not wearing the veil should not consider the covering of a woman as an insult or their right to remove. In fact, if she is steadfast even before such pressure, it should put you at ease knowing her strong morals and that she will continue to keep her veil in other settings. Your wife is acting within the Shari’ah and her steadfastness before such opposition and consequences is commendable, may Allah ﷻ reward her and make her path easy.
“Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allāh is [fully] Aware of what they do. And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment [i.e., beauty] except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, their brothers’ sons, their sisters’ sons, their women…or children who are not yet aware of the private aspects of women…” Surah an-Nur (24-30-1) [4]
Only Allah ﷻ knows best.
Written by Muftiyah Maryam Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
الثَّانِي الْمُحَرَّمَاتُ بِالْمُصَاهَرَةِ: وَهُنَّ فُرُوعُ نِسَائِهِ الْمَدْخُولِ بِهِنَّ وَأُصُولُهُنَّ وَحَلَائِلُ فُرُوعِهِ وَحَلَائِلُ أُصُولِهِ
Al-Bahr Al-Rāiq (Vol.3, pg.98, Dār Al-Kitab Al-Islami)
[2]
وَالْقَوَاعِدُ مِنَ النِّسَاءِ اللَّاتِي لَا يَرْجُونَ نِكَاحًا فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَن يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَاتٍ بِزِينَةٍ ۖ وَأَن يَسْتَعْفِفْنَ خَيْرٌ لَّهُنَّ ۗ وَاللَّهُ سَمِيعٌ عَلِيمٌ
Qur’an (24:60)
[3]
فَنَقُولُ: وَيَجُوزُ أَنْ يَنْظُرَ الرَّجُلُ إلَى الرَّجُلِ إلَّا إلَى عَوْرَتِهِ كَذَا فِي الْمُحِيطِ وَعَلَيْهِ الْإِجْمَاعُ، كَذَا فِي الِاخْتِيَارِ شَرْحِ الْمُخْتَارِ. وَعَوْرَتُهُ مَا بَيْنَ سُرَّتِهِ حَتَّى تُجَاوِزَ رُكْبَتَهُ، كَذَا فِي الذَّخِيرَةِ…
(وَأَمَّا بَيَانُ الْقِسْمِ الثَّانِي) فَنَقُولُ: نَظَرُ الْمَرْأَةِ إلَى الْمَرْأَةِ كَنَظَرِ الرَّجُلِ إلَى الرَّجُلِ، كَذَا فِي الذَّخِيرَةِ. وَهُوَ الْأَصَحُّ، هَكَذَا فِي الْكَافِي. وَلَا يَجُوزُ لِلْمَرْأَةِ أَنْ تَنْظُرَ إلَى بَطْنِ امْرَأَةٍ عَنْ شَهْوَةٍ، كَذَا فِي السِّرَاجِيَّةِ. وَلَا يَنْبَغِي لِلْمَرْأَةِ الصَّالِحَةِ أَنْ تَنْظُرَ إلَيْهَا الْمَرْأَةُ الْفَاجِرَةُ؛ لِأَنَّهَا تَصِفُهَا عِنْدَ الرِّجَالِ فَلَا تَضَعُ جِلْبَابَهَا، وَلَا خِمَارَهَا عِنْدَهَا، وَلَا يَحِلُّ أَيْضًا لِامْرَأَةٍ مُؤْمِنَةٍ أَنْ تَكْشِفَ عَوْرَتَهَا عِنْدَ أَمَةٍ مُشْرِكَةٍ أَوْ كِتَابِيَّةٍ إلَّا أَنْ تَكُونَ أَمَةً لَهَا، كَذَا فِي السِّرَاجِ الْوَهَّاجِ
Al-Fatāwa al-Hindiyyah (Vol.5, pg.327, Dār Al-Fiqr)
بَدَنُ الْحُرَّةِ عَوْرَةٌ إلَّا وَجْهَهَا وَكَفَّيْهَا وَقَدَمَيْهَا
Al-Fatāwa al-Hindiyyah (Vol.1, pg.58, Dār Al-Fiqr)
[5]
قُل لِّلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ۚ ذَٰلِكَ أَزْكَىٰ لَهُمْ ۗ إِنَّ اللَّهَ خَبِيرٌ بِمَا يَصْنَعُونَ وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ أَوْ آبَاءِ بُعُولَتِهِنَّ أَوْ أَبْنَائِهِنَّ أَوْ أَبْنَاءِ بُعُولَتِهِنَّ أَوْ إِخْوَانِهِنَّ أَوْ بَنِي إِخْوَانِهِنَّ أَوْ بَنِي أَخَوَاتِهِنَّ أَوْ نِسَائِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ أَوِ التَّابِعِينَ غَيْرِ أُولِي الْإِرْبَةِ مِنَ الرِّجَالِ أَوِ الطِّفْلِ الَّذِينَ لَمْ يَظْهَرُوا عَلَىٰ عَوْرَاتِ النِّسَاءِ ۖ وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ ۚ وَتُوبُوا إِلَى اللَّهِ جَمِيعًا أَيُّهَ الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ
Qur’an (24:30-1)