Niqaab & Modesty

Modesty, JamiatKZN & Mufti Ebrahim Desai

IS THERE A VALID DIFFERENCE OF OPINION ON THE NIQAAB???
RESPONSE TO JAMIATKZN & MUFTI EBRAHIM DESAI
QUESTION – Some people argue that a woman does not have to conceal her face from the gazes of Ghair Mahram men. They cite the following view of the JamiatKZN:
It is compulsory for her to cover her entire body from head to toe with the exception of her hands, feet and face in front of strange (nonMahram) men. This is irrespective if strange men are present on one’s property/house/yard or strange men have a ‘view’ into one’s property/house/yard. (Maraaqil Falaah 1/91)

Is there a valid difference of opinion on the issue of women covering the face? If this
is true then why do Muslims go through so much effort and difficulty to cover their
faces if it is not a Sharia requirement?
(Ghair Mahaareem: All males except those with whom nikaah is not permissible.)
RESPONSE
Allah Ta’ala commands: “O Nabi! Say to your wives, your daughters and the
women of the Believers that they draw over them their Jilbaabs (outer-cloaks).
That (i.e. covering themselves with Jilbaabs) is the least (minimum requirement
which they should adopt) so that they be recognized (as respectable and
honourable ladies) and not be molested (by evil men)”. – (Surah 33, Aayat 59)
Commenting on this Aayat, Allamah Abu Bakr Jassaas says: “In this verse is the
indication that young women have been commanded to conceal their faces from
strange males when they emerge (from their homes).” [Ahkaamul Qur’aan]
Innumerable Fuqaha, Mufassireen, etc. have stated that this Aayat refers to women
covering the face. According to all four Math-habs, women must conceal their faces
from Ghair-Mahram men. Here are a few quotes from the four Mathaahib:

 Hanafi Math-hab: “It is mentioned in Al-Muntaqaa that women will be
prohibited from exposing their faces so that it does not lead to Fitnah. And in
our era, it is Waajib to prohibit them (from exposing their faces) – in fact it is
Fardh due to the preponderance of Fasaad.” [Majma’ul Anhur] The
Honourable Faqeeh was speaking about 400 years ago. Today, it is much
worse! The Wujoob of females covering their faces appears in innumerable
Kutub.
 Maaliki Math-hab: “And verily the two (i.e. face and palms) are not Aurah,
even though it is Waajib to conceal them (i.e. the face and palms) due to the
fear of Fitnah.” [Jawaaahirul Ikleel – Haashiyaa Saawi & other Maaliki Kutub]
 Shaafi Math-hab: “Yes, that woman who is certain of the gaze of a strange
man falling on her, it is incumbent upon her to cover her face from him (i.e.
the Ghair-Mahram man). Otherwise (if she does not conceal her face), then
she will be assisting him towards Haraam. Thus, she will be committing a sin.”
[Tuhfatul Muhtaaj] The Wujoob of females covering their faces is mentioned
in Nihaayatul Muhtaaj and many other Shaafi Kutub as well.
 Hambali Math-hab: “And the face is Aurah outside Salaah as far as gazes
(of ghair-Mahram men) are concerned just like the rest of the body.” [AlIqnaa’ and other Hambali Kutub] In fact, Imaam Ahmed Bin Hambal has
mentioned that even the finger-nail of a woman is Aurah (i.e. it is Waajib to
conceal). What then should be deduced regarding the face???
The scope of this article precludes us from presenting all the Qur’aanic Aayaat,
Ahaadeeth, names and quotes of the authorities of the Shariah which prove that
women should cover their faces. The Aimmah-e-Mujtahideen, Fuqaha of the four
Math-habs, Muhadditheen, Mufassireen, etc. have mentioned that it is Waajib upon
women to conceal their faces from ghair-Mahram men. Their consensus is sufficient
for the sincere seeker of the truth.
HIGHEST DEGREE OF HIJAAB
A Mu’min strives for the highest degree of Hijaab. When speaking about modesty,
then the highest degree of Hijaab should be expounded on. Allah Ta’ala commands:
‘And (O Women!) Remain firmly in your homes.’ (Surah 33 – Aayat 33)
Women must remain at home. They may not emerge from their homes
unnecessarily. It is known as Hijaabul Ash-Khaas Bil Buyoot which means that a strange man (Ghair Mahram man) will not see the woman at all to the extent that he
does not see her even with her clothes on. Since he does not see her at all, her face,
palms and her entire body is automatically concealed from him.
This is the highest level of Qur’anic Hijaab (Purdah) commanded in at least two
Aayaat and proven by several Ahaadeeth. There are at least 24 Ahaadeeth which
substantiate the Shar’i Law that women must remain glued to their homes and they
may only emerge from their homes for necessities deemed imperative by the
Shariah – not so-called necessities which human minds fabricate.
The command is for women to be glued to their homes – not an exposed yard or the
outside of one’s home which exposes a woman to passing traffic. It is not permissible
for the man’s wife and/or daughter to emerge from their homes into their exposed
yards even for the sake of relaxation. This is because they are exposing themselves
to Ghair Mahareem for no valid reason which is shameless.
A woman may not emerge from her home without valid Shar’i reason even if she is
covered from head to toe. The Burqah, Niqaab, Jilbaab, etc. are not a license to
emerge from the home without valid Shar’i reason.
2. When a woman emerges from her home for a reason deemed imperative by the
Shariah, the Jilbaab is a requirement. This vital Qur’aanic injunction may not be
omitted. The masses should be given Ta’leem pertaining to the Jilbaab.
Women wearing pyjamas, exposing their hair, the bodily shape and/or also exposing
their faces to Ghair Mahrams, are indeed shameless. Part of modesty is for a woman
to cover her face as well. Read carefully the following articles:
1. The Indisputable Wujoob of The Niqaab
2. Menk & The Female Pilot.
3. More Hijaab Articles
MARAAQIL FALAAH – THE MISUNDERSTOOD TEXT
In regards to a woman, it is compulsory for her to cover her entire body from head
to toe including the face with the exception of her hands and feet in front of strange
(non-Mahram) men. JamiatKZN quoted “(Maraaqil Falaah 1/91)” as a reference
that it is not compulsory for her to cover her face in front of strange (nonMahram) men.

Since the text is misleading, it is necessary to elaborate. The text of Maraaqil Falaah is as
follows:
“ومجيع بدن احلرة عورة إال وجهها وكفيها” ابطنهما وظاهرمها يف األصح وهو املختار
Translation: “And the entire body of a free woman is AURAH except her face and palms
– the front and back (of the face and hands) according to the most authentic view and this
is the chosen opinion.” [Emphasis ours]
The Mas’alah mentioned in Maraaqil Falaah pertains to Aurah – not Hijaab. Even the
Qur’aan explains the Mas’alah pertaining to Aurah (Satr). This is not disputed. We agree
that the face is not included in the Aurah (Satr) of a woman. However, as far as Hijaab is
concerned, a woman must cover her face. The references to prove that women MUST cover their faces in front of Ghair Mahrams are innumerable.
Why did they omit the Sharah (commentary) on this Mas’alah mentioned by Allamah
Tahtaawi Rahimahullah on the issue of a woman exposing her face?
قوله: “إال وجهها” ومنع الشابة من كشفه خلوف الفتنة ال ألنه عورة
Translation: “And the young woman is prohibited from exposing her face due to the
fear of Fitnah – not because it is Aurah.”
There is a need to ask the JamiatKZN and Mufti Ebrahim Desai: Is there Fitnah
when women expose their faces to Ghair Mahrams?
Since there is Fitnah, why does the JamiatKZN claim that there is a difference of
opinion when it is acknowledged that unveiling is a cause of temptation for men
and women?
In the article they sent to the brother, the following is what Mufti Ebrahim Desai
mentioned:
“Unveiling has a number of disadvantages. Some of them are as follows:
1. It is a violation of the Quran and Hadith;
2. It shows woman’s weakness in belief;
3. It is a cause of temptation for men and women;
4. It strips off her modesty that is an integral part of Faith;
5. It subjects her to adultery and sexual harassment (especially now in Egypt with
the vaginal kit, adultery has become so easy. Had all the women been veiled, the
government would not have so much difficulty in trying to outlaw this kit);
6. It hurts her dignity and feelings and it stains her chastity;

7. It prompts woman to take part in commercial advertisements and films as a
showpiece and a source of enjoyment for the viewers.”
DIFFERENCE OF OPINION
Firstly, there is a difference between Hijaab and Aurah. We are discussing Hijaab
here – not Aurah. Secondly, there is a difference of opinion amongst the Fuqaha
whether the face of a woman is included in her Aurah or not. Thirdly, whilst we agree
that a woman’s face is not Aurah; her face has to be concealed from Ghair Mahrams
due to Hijaab. Fourthly, there is no valid difference of opinion as far as Hijaab is
concerned. Those who claim that there is a difference of opinion amongst the Fuqaha,
should send their dalaa-il for scrutiny. When a person requires a Shar’i Masalah,
then the Masalah is obtained from the Kutub of the Fuqaha. Referring directly to
Qur’aan and Hadeeth for deriving Masaail, is the function solely of the Mujtahideen.
It seems as if the JamiatKZN realized that they committed a huge blunder in their
newsletter. The following statement of Imaam Shaafi’ (Rahmatullahi Alaih) should
be salutary: “Whenever I put forward Shari’ Hujjat (Evidence from the Shariah) in
regard to any mas-alah to someone and he accepted it, honour for him in my heart
grew.”
IT IS INCUMBENT (WAAJIB) UPON WOMEN TO COVER THEIR FACES IN FRONT OF GHAIR MAHRAMS. THERE IS NO VALID DIFFERENCE OF OPINION ON THIS ISSUE!
IT WOULD BE EXCELLENT IF ‘MUFTI’ EBRAHIM DESAI AND THE JAMIATKZN PUBLICLY CLARIFY THIS ISSUE! IN FACT, THIS IS NECESSARY. MAY ALLAH GUIDE THEM AND US. AAMEEN

Jamiatul Ulama Northern Cape

OUR ROTTEN, CORRUPT SOCIETY

OUR ROTTEN, CORRUPT SOCIETY

INVITING ALLAH’S ATHAAB

An eye-opener for Muslims, is the following lament of a Sister from the U.K.

“Assalamu Alaykum,

Regarding the fatwa issued by 17 scholars in Pakistan on Travelling without a Mahram and the response by The Majlis, I have some thoughts on this as a female living in the West (UK), second generation who always saw women living in the UK as females who went out, shopping, work, etc etc. It was all normal to me as I did not grow up with knowledge on this subject. Islam was very foreign to me in terms of masaail. However at that time there was no open mixing between the learned and unlearned. People kept within the limits to a great extent. When I was a teenager, not that long ago, this changed.

I have witnessed married scholars, muftis groom girls many years younger than themselves. Whilst Islam permits polygamy and the age difference isn’t an issue, they did not have the right intention as they continued to groom these girls without directly going to their fathers and asking for their daughters hand in marriage despite being in contact with the father.

They would use their knowledge of deen as a way of grooming these girls, talking daily, putting down their first wives and second wives to the teenage girls. This didn’t just happen in front of me but all over the UK. Some of these scholars commit zina with these girls and then use the leverage of exposing the girl if she goes to expose him due to their status in the community. People will believe him and not the naive teenager. Seeing this over and over, created a very choking environment for me. I alerted the elders many a time but despite them agreeing the evidence was there, nothing was done.

These scholars audaciously come in front of the families of the teenager and befriend them. They have no shame at all. It is very difficult for these girls to understand that one day they will have their own true loving husband because these scholars have no intention of marrying them and just stringing them along and doing whatever they can do to them in that time. So many have not been exposed because it would hurt the future of the unmarried girl. It is like they are stuck in this foggy environment where they cannot see right from wrong (we could go into the effects of fluoride here but this can be researched separately).

The 17 scholars state that time has changed so the fatwa needs modernising. Yes times have changed, they are worse. Taqwa has left. Openly sinning is the norm. Shame has left.

I enrolled and taught at different Islamic schools and madaaris and it is so easy for Shaitan to make the male and female teachers commit haraam because the parents are not around, families are not around. In the UK we have ‘safe’ means of travel in general, buses and trains and plenty of places to meet up with the opposite gender. Unfortunately there are teenagers who have had an abortion because they found themselves in the position they preached against, whether a normal every day Muslim or a student of knowledge. It’s happening in all scenarios. It’s not just the molvis and apas and madrasah students. It’s even those who are deendaar people who would never think of themselves to commit zina but have and as Muslims we should, in this day and age, absolutely accept every single advice of Rasulullah sallallahu alayhi wa sallam that Shaitan is the third party no matter how strong you think you are. The modern times makes it so easy for Shaitan to push us. The opportunities are there, the hotels are there, the travel options are there. One finds themselves saying it is haraam and the next second Shaitan has swept us off our feet in a situation we do not want to be in yet this brain fog stops the male and the female from leaving.

The Majlis has quoted several news articles regarding Islamophobia all over the world including the UK. In the UK people generally spread the news of a recent attack on Muslim women in their own areas and I know there are hundreds of more incidents that could have been added from the UK alone. Niqabs are being pulled off frequently but most of these are not reported. The women in that area are afraid to the extent they don’t talk about it. The answer would be to stay home but going back to my opening sentences, we are so used to going out and about despite now having the deeni knowledge we once didn’t have but then we are afraid of the consequences. We have to admit that trying to be progressive is of no use as when these muslimahs report it to the police or the supermarket then they are told there is nothing we can do. We can’t expect protection of Allah Ta’ala when we go against His Deen.

Despite all of the above, there is a change in society now. The knowledgeable deeni people are being replaced with a fresh new wave of Muslims, reverts and those Muslims who had no knowledge their entire lives but are now turning to Allah azza wa jal in hope and fear. People I would not have imagined wanting to fully practise the Deen of Allah azza wa jal are now turning to Him. After seeing the negatives above, this is very refreshing.

I cannot fathom how 17 scholars came to such a ruling because I am just one random person with very little experience and I have seen in the Haram Shareef men talking to young girls openly just like you witnessed decades ago. I have seen the stares from the young males in front to the young girl a few feet behind during tawaaf of the Ka’bah. This was a few years ago and now fitnah is worse and more open to be seen by all.

I do not need to be a mufti to see that it is unsafe for women to emerge. Recently two 14 year olds were attacked in the UK on a bus. They had friends with them. They were approached by a woman telling them to take their hijab off. I remember my teen years, we would go out on the bus and teenage Muslim girls seem to be louder than non Muslim girls. Loud giggling and cackling. I was quite shy as a teen but I was still out and about as it was the norm. It was only when I started to hang around with the non-Muslims at school did I learn proper adab and that you can be calm and respectful. I didn’t understand what the muslimahs were trying to prove by acting that way. It was very depressing. I am not saying these 14 year olds were doing that but only a 10 year old kid came to their rescue and he was attacked for doing so. The muslimahs were brutally attacked and the male who was with the attacker blocked anyone from helping the teenagers. In such an open environment I don’t see how he blocked others from helping except that this is a wake-up call from Allah Ta’ala. But instead of Muslim females acknowledging this, they protest and rant at the ‘injustice’ – that no one is helping them.

My understanding of life as a female in the west in 2020 in that we need to go back to the basic rulings of Islam from ancient books and go through each ruling one by one and act on them. We need to shun modern rulings because Allah Ta’ala is very openly telling us this is not the way. We need to accept our role and it isn’t a regressive one. This role protects us from abuse of the men outside, it means all those teenagers, now full UK adults will have no regrets of being groomed and abused. It means that mothers can concentrate on the tarbiyah of their children. It means we can complete all our qazas which majority of people in the UK have due to the schooling system instead of going to all the Islamic talks and wasting time. It means we can then catch on when a scholar makes an odd statement and not follow him blindly. If a scholar says a female can be an aalimah, hafizah and gain a degree at university then perhaps he has some things going on in his life in conflict with Deen such as attending mixed events himself because even if this aalimah sticks to her study at university and prays Salah in the Salah room, the males on the other side of the cloth still manage to gain opportunity to talk to her and make her feel worthless.

I could write an entire book on the issues that women face, the grooming, the attacks but it will not achieve anything because a muslimah needs to accept that the rulings of the early Fuqaha are Islam and this is the only way that she will find protection and ease of heart in this world. She can still have a business from home, she can still study, she can do anything within the comforts of her own home in this day and age. There are many arguments these females are putting forward to justify their need to go out but they are not valid because generally what they mean is they do not put trust in Allah and are putting trust in modernism to save the Muslims. But it isn’t working out . We’ve had all of these years of modernism, where has it got us? We can be modern. We can take the good and leave that which causes harm. This is the balance Islam provides but not accepting that the harms in the dunya are as a result of our own misconduct is something we need to work on.

From my experience, the people who spout corrupt fatwas are participating in the corruption themselves. They may only be a little into it but not realising the effects it can have on the Ummah.

Reading the examples in your book, gave me many flashbacks of the things I and other females have witnessed. It is only Allah Ta’ala’s fazl that I and other females in the west are still on the path of Islam as the roads we have tread upon were very far from Him. May Allah azza wa jall forgive us all and allow us to feel content on the rulings of the fuqaha so that we can enjoy eternall bliss in Jannah. Ameen. Wassalam (End of the Sister’s letter)

COMMENT

The ‘scholars’ to whom the Sister refers are in reality shayaateen (devils) in human bodies or men with the hearts of wolves as mentioned in the Hadith. They are Iblees-incarnate. They plunder the hayaa (shame and chastity) of females who are vulnerable due to their natural attribute of nuqs fil aql (intellectual deficiency). Taking gross satanic advantage of such vulnerability these devilish molvis and sheikhs gratify their zina lusts without any semblance of Imaani conscience or fear for Allah Azza Wa Jal.

These scholars of lust and agents of Iblees are the primary cause for the ruin and destruction of the Ummah. They are the worst kind of traitors in the Ummah. Under subterfuge of their outward Islamic appearance they perfidiously perpetrate heinous and scandalous crimes of zina and concupiscence. It is difficult to believe that such scoundrels as described by the Sister have any Imaan.

Further, the reality on the ground – the real dangers to which Muslim females outside the home have to be confronted with, at the very minimum testifies to the colossal ignorance of those muftis who have the temerity to issue corrupt and stupid fatwas legalizing the haraam act of women travelling without mahrams. In fact, it is haraam in our day for women to venture out of their homes to attend to even needs within the neighbourhood. In these times of fitnah and fasaad it is incumbent for a mahram to accompany a woman when she desires to visit even a next door neighbour for a valid reason. These muftis who disgorge stupid zigzag fatwas are described as mufti maajin by the Fuqaha. They are moron muftis who are adept in the art of stupid and devious interpretation for abrogating Shar’i ahkaam which have come down in the Ummah from the era of the Sahaabah. These moron muftis are in the satanic game of fabricating a new shariah to appease the modernist zanaadaqah.

Be exceptionally weary of the muftis of this age. A sincere Muslim will not become enmeshed in the tentacles of deception of the maajin muftis, if he consults his heart, for Rasulullah (Sallallahu alayhi wasallam) said: “Seek a fatwa from your heart.”

20 Jamadul Awwal 1441 – 16 January 2020

NIQAAB BANNING

European countries and even the kuffaar gov-ernment of Algeria have banned the Niqaab. Ostensibly the ban is a display of hatred for Islam. Nevertheless, the prelude for this banning is the abandonment of true Hijaab by Muslims themselves. As such, it is a punishment of Allah Ta’ala.
Hijaab is not restricted to donning the Niqaab. Hijaab is a whole system which requires Muslim females to remain within the precincts of the home. Muslim women all over the world have completely abandoned Hi-jaab. In fact, they regard the niqaab as a licence for free and unrestricted roaming and prowling in the public domain.
As a punishment, Allah Ta’ala is now inflicting the phenomenon of islamophobia which brings humiliation and danger to Muslim women who deem it appropriate to wander around in public places.
When Muslims themselves indulge in flagrant violation of the ahkaam of the Shariah, then Allah Ta’ala humiliates and punishes us in different ways. Islamophobia is one such way.
Muslims are deserving of the humiliation which they have invited with their rebellion against Allah Ta’ala.