MISUSE OF THE PRINCIPLE OF NECESSITY
[By Hazrat Maulana Ahmad Sadeq Desai]
Would you please clarify whether any of the following situations constitutes necessity in Shari’ah as everyone in my family seems to “justify” breaking the Law of Allah on the basis that living in the West entails compromise in the following situations:
I understand that the Islamic position is that women must not emerge from their homes. How about mothers dropping the children to and from school as the husband is obliged to be at work for a certain number of hours? Would this come within the Shar’iee ambit of necessity?
This is not within the scope of the principle of Dhuroorat (Necessity). It is haraam for the females to drive and do what the males have to do. Muslims have adopted western culture, hence such worldly needs which are not Shar’i needs are given priority over the commands of Allah Ta’ala. It is not the obligation of the woman to engage in duties which are the obligation of the man. Her domain is the home.
How about men working in an environment where there are females? People argue that in this respect that it’s not possible for everybody to do their own business or to find a job in an exclusively male environment.
The contrary argument to that is if a person has strong Imaan and Yaqeen in Allah, then if he takes the necessary steps, Allah will most certainly assist him. Which is the correct argument?
Whilst the principle of necessity does not apply, however due to the abject Imaani deficiency of people, the impermissibility cannot be stringently propagated. The contrary argument is valid and the right course to adopt. Most people including the Ulama of today, lack the ability to understand the Shariah’s principle of “Necessity legalizes prohibitions.” They therefore apply it to anything they believe is necessary.
Males argue that modern day wives have to be taken on holidays at regular intervals, otherwise they feel trapped in the home all the time. In some instances this has led to breakdown of marriages. In order to save a marriage, can a man take his wife on holiday to foreign countries, bearing in mind Nabi Sallallahu Alayhi Wasallam considered that the only viable tourism was striving in the Path of Allah?
Holidaying in foreign countries even for men is not permissible. To a greater degree is the impermissibility for women emphasized. Too many sins have to be committed when undertaking such holidays. There is absolutely no Shar’i necessity here for applying the principle of Dhuroorat. Husbands may take their wives for outings locally to such places where they will not be exposed, neither the women to males, nor vice versa. If a woman is prepared to break-up her home for the sake of haraam holidaying, let she go to the devil. Grant her Talaaq and end the marriage with dignity. Sins never become permissible for the sake of gratifying the haraam whims of the wife.
Another argument is that in this day and age women should be permitted to attend segregated lectures and Islamic courses in the Masjid on the basis that the male folk of the house are too busy and redundant in terms of Islamic knowledge and spirituality. Is this a case of necessity?
The argument is absolutely baatil. They must remain at home. Their husbands should arrange for their ta’leem. Either he should teach them or some mahram male. Books nowadays are available abundantly. The Shariah may not be cast aside to satisfy every stupid argument. If they do not arrange for the requisite Ta’leem of the womenfolk, then both the men and women will be answerable to Allah Ta’ala on the Day of Qiyaamah.
The women of today have no valid argument for claiming that the necessary amount of Deeni Knowledge is not available at home or within the precincts of the neighbourhood. The women and even 6 year old children nowadays are extremely advanced in all the sciences of filth and immorality via the internet. Their claim for going to public lectures is satanically inspired.
Is attendance at secular school a necessity where it is the law of the country, yet impressionable children’s Imaan is most definitely at stake?
If there is a real danger of the parents being arrested for not sending their children to secular school, then Hijrat (Migration) becomes Waajib. If for some reason this is not possible, and if being arrested by the kuffaar authorities is a real danger, and if home-schooling is not allowed, and there is no escape route then they may comply with the haraam law of the kuffaar. However, as long as the option of home-schooling is available, it will not be permissible to send the children to public schools, even to these so-called ‘islamic’ schools. In fact, the lesser of the evils between kuffaar secular schools and these shaitaani ‘islamic’ schools, is the former.
ALLAH’S COMMAND FOR WOMEN TO REMAIN FIRMLY IN THE HOME
“And remain steadfastly within your homes and do not display your finery as women used to do in the Days of Jahiliyyah.” [33:33]
The authentic Tafseer of this verse by the authoritative Mufassirs (interpreters) of the Qur’an is in vivid contrast to the prevalent ‘Tafseer’ given nowadays by modernist, feminized quacks masquerading as ‘Maulanas’, ‘Muftis’ and ‘Shaykhs’.
Let us provide a brief glimpse of the authentic Tafseer of this verse by citing one example of an authoritative Mufassir.
Amongst the most authoritative and widely accepted Tafseers of the Qur’an for the past thousand years or so, Tafseer Al-Qurtubi states that Allah’s categorical command in this verse applies to all women. He adds that there are countless other evidences that support this command, and that women must not venture outside without Hajaah – a real necessity:
“This command applies to all Muslim women even if it was the only proof in this regard; Nevertheless, there are countless commands and evidence proving that the Muslim woman should remain firmly within her house and refrain from leaving it without a necessity.”
Allamah al-Qurtubi also mentions that when A’isha (radhiyallahu anha) recited this verse, she wept with such a weeping that her entire khimaar became wet, due to her regret over leaving the confines of her home in order to attempt to resolve the conflict between the Sahabah (radhiyallahu anhum).
Allamah al-Qurtubi adds that when another wife of the Prophet, Sawdah (radhiyallahu anha) was asked why she did not perform the Hajj or the Umrah along with her sisters, the virtuous lady replied:
‘I have already performed the Hajj and the Umrah. As for now, Allah has commanded me to stay in my house.’
She remained in her home till the day of her death, when her lifeless body was buried in Medina.
Tafsir al-Qurtubi (14/179)
One of the reasons behind Allah’s explicit command for women to remain at home is the fact that the woman is Aurah (to be concealed in entirety) as stated in numerous Hadiths of Rasulullah (sallallahu alayhi wasallam). Just one narration is the following Hadith reported by Hadhrat lbn Mas’ood (radhiyallaahu anhu) who said that Nabee (Sallallaahu ‘Alayhi Wasallam) said:
“The woman is Aurah (must be concealed in entirety); whenever she emerges from the home, shaytaan surreptitiously pursues her (lies in wait).” (Tirmidhi – Saheeh)
Hadhrat Ibn Umar (radhiyallahu anhu) that Nabi (sallallahu alaihi wasallam) said:
“Women have no share in emerging (from their homes) except in emergencies (i.e. genuine needs defined and explained by the Fuqaha)” (Tabaraani — Mu’jamul Kabeer)
Regarding Rasulullah’s (sallallahu alayhi wasallam) explicit declaration that the woman is Aurah, the first and primary level of concealment is confinement to the home. Hence, in an authentic variant of the above Hadith found in the Musannaf of Abi Shayba, Hazrat Ibn Mas’ood (radhiyallahu anhu) issues the following emphatic command:
“Keep the women confined (احبسوا) to the home, for indeed the woman is Aurah (must be concealed in entirety). Verily, when a woman emerges from her home, shaytaan surreptitiously pursues her and says to her: “You will not pass by any [man] except that he will be attracted to you.”
Emergence of women for any purpose whatsoever is in conflict with the letter and spirit of the Shariah, hence only needs specified by the Shariah are valid reasons for emergence.
Allamah Ibnul Haaj’s narrates from the Salafus-Saaliheen the following statement demonstrating the complete rarity of women’s emergence, in vivid contrast to the way of the Kuffaar which the Ummah has today adopted :
“For a woman there are three occasions for emergence in her lifetime: (1) For the home of her husband when she is handed over to him (i.e. when she has married). (2) Emergence on the occasion of the death of her parents.(3) Emergence for (her being assigned) to her grave (i.e. when she dies).”
In this nutshell have the Salafus Saaliheen encapsulated the spirit of Islam regarding Hijaab for women. But for those who advocate the ‘emancipation’ of women, the sagacious advices of the senior Salafus Saaliheen are meaningless.
Hadhrat Anas (radhiyallahu anhu) said:
“The women came to Rasulullah (sallallahu alayhi wasallam) and said: “O Rasulullah, the men have surpassed us with virtue and in Jihad in the Path of Allah, for we have no (such) deed by which we can acquire the deed of the Mujaahideen in Allah’s Path.” Then Rasulullah (sallallahu alayhi wasallam) said: “Whoever among you stays within her home will obtain the virtue of the Mujaahid in the Path of Allah.” (Musnad Al-Bazzaz – Authentic Hadith)
Thus, her staying glued inside her home is the equivalent of the Mujahid in the Path of Allah, and infinitely more meritorious than males going in Tabligh.
Imam Bayhaqi, in his Shub’ul Imaan narrates a more detailed version of the above Hadith as follows:
Asmaa’ bintu Yazeed Al-Ansaariyyah (radhiyallaahu ‘anhaa), a Sahaabiyyah from the Banu ‘Abdil Ash-hal clan, once approached Nabee (Sallallaahu ‘Alaihi Wasallam) while He (Sallallaahu ‘Alaihi Wasallam) was seated among the Sahaabah (radhiyallaahu ‘anhum) and addressed Him (Sallallaahu ‘Alaihi Wasallam) in the following words:
May my father and mother be sacrificed for you! I have come to you as a representative of all women. May my life be sacrificed for you! Every single woman, in the east and west, whether she has heard that I will come to you or not, will have exactly the same question as myself. Verily ALLAAH Ta‘aalaa has sent You with the truth to men and women. We brought imaan in You & in ALLAAH Ta‘aalaa who deputed You.
We, the women, live with restrictions and limitations.
• We don’t leave the confines of our homes.
• We allow You to fulfil your needs with us, and we bear your children.
• You, the men, have been favoured by your being able to attend the jumu‘ah salaah and other salaahs in congregation.
• You are able to visit the sick and be present at funerals.
• You perform hajj after hajj and even more virtuous than that is your fighting in the path of ALLAAH Ta‘aalaa. When any of you men leave your home to perform hajj or ‘umrah or to guard the borders of the Islamic territories, it is none other than us women who protect your wealth for you. We sew your clothes for you. We raise and care for your children.
Don’t we have a share in your reward O Rasool of ALLAAH (Sallallaahu ‘Alaihi Wasallam)?”
On hearing the complaint of this woman, Nabee (Sallallaahu ‘Alaihi Wasallam) turned His face towards the Sahaabah (radhiyallaahu ‘anhum) and asked,
““Have you ever heard a woman ask a question regarding her deen more excellent than the question of this woman?””
The Sahaabah (radhiyallaahu ‘anhum) replied,
““O Rasool of ALLAAH (Sallallaahu ‘Alaihi Wasallam) ! We never imagined that a woman could be inspired to ask a question of this nature !””
Nabee (Sallallaahu ‘Alaihi Wasallam) turned back to her and said,
“Return, O woman, and inform all the women you represent that for you to display excellent conduct with your husband, seek to keep him happy and try your utmost to comply with his ways will equal all the deeds you mentioned.””
Asmaa’ (radhiyallaahu ‘anhaa) was so delighted to hear this, that as she walked away she continued to exclaim “ALLAAHU AKBAR !” and “LA ILAAHA ILLALLAAH !”.
(Shub’ul Imaan – Hadith number: 8369)