Question & Answer
Rulings on menstruation
Q: What are the rulings on menses in women?.
A: Praise be to Allaah.
There are many rulings to do with menstruation, more than twenty, of which we will mention those which we think are most essential. They are:
1 – Prayer
It is haraam for a menstruating woman to pay both obligatory and naafil prayers, and they are not valid if she does them. She does not have to do a particular prayer unless she was pure or became pure with enough time to perform a complete rak’ah, in which case she has to do the prayer, whether it is at the beginning of the time for it or at the end. An example of that happening at the beginning of the time for prayer is a woman who got her menses after the sun set but she had enough time to perform a complete rak’ah (but she did not do it), so when she becomes pure she has to make up that Maghrib prayer, because she had enough time to perform a complete rak’ah before she got her menses.
An example of that happening at the end of the time for prayer is a woman whose menses ended before the sun rose and there was enough time left to perform a complete rak’ah. When she becomes pure she has to make up that Fajr prayer, because she had enough time to perform one rak’ah.
But if there is not enough time to perform a rak’ah, such as in the first scenario, if a woman gets her menses a moment after the sun sets or, in the second scenario, she becomes pure a moment before the sun rises, then she does not have to do that prayer, because the Prophet ﷺ said: «Whoever catches up with a rak’ah of prayer has caught up with the prayer»[Agreed upon].
With regard to dhikr, takbeer, saying Subhaan-Allaah, praising Allaah, saying Bismillaah when eating and so on, and reading hadeeth, fiqh and du’aa’s, or saying Ameen to du’aa’s, and listening to Qur’aan, none of these things are forbidden to her. It is proven in al-Saheehayn and elsewhere that the Prophet ﷺ used to recline in ‘Aa’ishah’s lap (may Allaah be pleased with her) when she was menstruating, and he would recite Qur'aan.
In al-Saheehayn it is also narrated from Umm ‘Atiyyah that she heard the Prophet ﷺ say: «Let the girls who have attained puberty, women in seclusion and menstruating women go out – i.e., to the Eid prayer – and witness good and the gathering of the believers. But let the menstruating women avoid the prayer place»
With regard to the menstruating woman reading Qur’aan, if she is looking at it or thinking of it in her heart, without speaking the words out loud, there is nothing wrong with that, such as if the Mus-haf is placed there, and she looks at the verses and reads them in her heart. Al-Nawawi said in Sharh Muslim: it is permissible and there is no difference of scholarly opinion on this point.
But if she is reciting it out loud, the majority of scholars are of the view that this is not allowed.
Al-Bukhaari, Ibn Jareer, al-Tabari and Ibn al-Mundhir said it is permissible, and this was also narrated from Maalik and from al-Shaafa’i in his former view. That was narrated from them in Fath al-Baari. And al-Bukhaari narrated in a mu’allaq report from Ibraheem al-Nakha’i that there is nothing wrong with her reciting a verse.
Shaykh al-Islam Ibn Taymiyah said in al-Fataawa: There is no report saying that she should not read Qur’aan. The hadeeth “No menstruating woman or person who is junub should recite anything from the Qur’aan” is a weak hadeeth, according to the consensus of the scholars who are well-versed in hadeeth. Women used to menstruate at the time of the Prophet ﷺ and if reading was haraam for them as prayer is, this would have been something that the Prophet ﷺ explained to his ummah and the Mothers of the Believers would have known that, and it would have been something that they told to the people. But since no one narrated any prohibition concerning that from the Prophet ﷺ, it is not permissible to regard it as haraam, since it is known that he did not forbid that, and as he did not forbid that despite the fact that menstruation was widespread at his time, it is known that it is not haraam. End quote.
Since we know that there is a difference of opinion among the scholars concerning this, what should be said is: it is better for a menstruating woman not to recite Qur'aan out loud except when there is need for that, such as if she is a teacher and she needs to teach her students, or in the case of an exam when the student needs to recite in order to be tested, and so on.
2 – Fasting
It is haraam for a menstruating woman to fast, whether it is an obligatory or a naafil fast, and it is not valid if she does it. But she has to make up any obligatory fasts that she misses, because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) who said: «That – meaning menses – used to happen to us and we were commanded to make up fasts but we were not commanded to make up prayers»[Agreed upon].
If a woman gets her menses when she is fasting, her fast becomes invalid even if that happens just before Maghrib, and she has to make up that day if it was an obligatory fast.
But if she feels that the period was coming before Maghrib, but no blood came out until after the sun set, then her fast is complete and is not invalidated, according to the correct view, because there is no ruling connected to blood that is still inside the body, and when the Prophet ﷺ was asked about a woman who sees in a dream what a man sees (i.e., an erotic dream), does she have to do ghusl? He said: «Yes, if she sees water».So the ruling is connected to seeing water, not feeling body sensations. The same applies to menses: the rulings do not apply until it is seen outside the body, not just the body sensations.
If dawn comes when the woman is menstruating, it is not valid for her to fast that day even if she becomes pure even a moment after dawn.
If she becomes pure just before dawn and fasts, her fast is valid even if she does not do ghusl until after dawn. This is like the one who is junub – if he intends to fast when he is junub and dos not do ghusl until after dawn breaks, his fast is valid, because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) who said: The Prophet ﷺ used to wake up junub as the result of intercourse, not a wet dream, and he would fast in Ramadaan. Agreed upon.
3 – Tawaaf around the Ka’bah
It is haraam for a menstruating woman to circumambulate the Ka’bah, whether that is obligatory or naafil, and it is not valid if she does it, because the Prophet ﷺ said to ‘Aa’ishah when she got her menses:«Do everything that the pilgrims do, but do not circumambulate the House until you become pure»
As for the other actions of Hajj, such as saa’ee between al-Safa and al-Marwah, standing at ‘Arafah, staying overnight in Muzdalifah and Mina, stoning the jamaraat and other rituals of Hajj and ‘Umrah, they are not haraam for her. Based on that, if a female does tawaaf when she is pure, then her period begins immediately after she does tawaaf, or during sa’ee, there is nothing wrong with that.
4 – Tawaaf al-wadaa’ (the farewell tawaaf) is waived in her case
If a female completes the rituals of Hajj and ‘Umrah, then she gets her menses before she goes home and that continues until she leaves, she may depart without doing the farewell tawaaf, because of the hadeeth of Ibn ‘Abbaas رضي الله عنه who said: (the Prophet ﷺ) told the people that the last thing they should do was (tawaaf) around the House, but he made an exception for women who were menstruating . [Agreed upon].
But the tawaaf that is required for Hajj and ‘Umrah is not waived, and she must do it when she becomes pure.
5 – Staying in the mosque
It is haraam for the menstruating woman to stay in the mosque and even in the Eid prayer-place, because of the hadeeth of Umm ‘Atiyyah (may Allaah be pleased with her), who said that she heard the Prophet ﷺ say: «Let the girls who have attained puberty, women in seclusion and menstruating women go out – i.e., to the Eid prayer.” In this hadeeth it says: “But let the menstruating women avoid the prayer place»[Agreed upon].
6 – Intercourse
It is haraam for her husband to have intercourse with her, and it is haraam for her to allow him to do so, because Allaah says (interpretation of the meaning): { وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُواْ النِّسَاء فِي الْمَحِيضِ وَلاَ تَقْرَبُوهُنَّ حَتَّىَ يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللّهُ إِنَّ اللّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ }
“They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore, keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath)” Transliteration:Wa Yas'alūnaka `Ani Al-Maĥīđi Qul Huwa 'Adháan Fā`tazilū An-Nisā' Fī Al-Maĥīđi Wa Lā Taqrabūhunna Ĥattá Yaţhurna Fa'idhā Taţahharna Fa'tūhunna Min Ĥaythu 'Amarakumu Allāhu [al-Baqarah 2:222].
What is meant by maheed (translated here as menstruation) is the time of menses, and the location of this menses is the private part.
And the Prophet ﷺ said: «Do everything except have intercourse» [Narrated by Muslim].
And the Muslims are unanimously agreed that it is haraam to have intercourse with a menstruating woman in her vagina.
But it is permissible for him to do that which will satisfy his desire without having intercourse, such as kissing, touching and intimacy that is less than intercourse, but it is better not to be intimate with that which is between the navel and the knee except through a barrier, because ‘Aa’ishah (may Allaah be pleased with her) said: The Prophet ﷺ used to tell me to wear a waist wrapper, then he would be intimate with me when I was menstruating. [Agreed upon].
7 – Divorce
It is haraam for a husband to divorce a menstruating woman during her menses, because Allaah says (interpretation of the meaning): {يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاء فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ}
“O Prophet ﷺ! When you divorce women, divorce them at their ‘Iddah (prescribed periods)” Transliteration:Yā 'Ayyuhā An-Nabīyu 'Idhā Ţallaqtum An-Nisā' Faţalliqūhunna Li`iddatihinna [al-Talaaq 65:1].
and that can only be if they are divorced when they are pregnant or pure without having had intercourse since the menses ended. Because if a woman is divorced when she is menstruating she cannot start her ‘iddah, because the menstrual period during which she was divorced cannot be counted as part of the ‘iddah; and if she is divorced when she is pure but has had intercourse since her period ended, she cannot start her ‘iddah, because it cannot be known whether she became pregnant from this intercourse. So it should be reckoned by her pregnancy, or if she is not pregnant it should be reckoned by her menstrual cycle. If it cannot be ascertained what sort of 'iddah it is, it is haraam for him to divorce her until things become clear.
Divorcing a menstruating woman at the time of her menses is haraam because of the verse quoted above, and because of the report in al-Saheehayn and elsewhere from Ibn ‘Umar who said that he divorced his wife when she was menstruating. ‘Umar told the Prophet ﷺ about that, and the Prophet ﷺ got angry and said: «Tell him to take her back and keep her until she becomes pure, then menstruates, then becomes pure again. Then if he wishes he may keep her after that, or if he wishes he may divorce her before he touches (has intercourse with) her. That is the prescribed period within which Allaah has enjoined divorce of women«
If a man divorces his wife when she is menstruating, he is sinning and he has to repent to Allaah and take the woman back in order to divorce her in the prescribed manner as enjoined by Allaah and His Messenger. Then he should leave her alone after he takes her back until she becomes pure from the menses during which he divorced her, then menstruates again, then when she becomes pure again, if he wishes he may keep her or if he wishes he may divorce her before having intercourse with her.
There are three cases where an exception is made from the prohibition on divorcing a woman during her menses:
1 – If the divorce occurs before he spent time alone with her or touched her. There is nothing wrong with him divorcing her when she is menstruating, because in that case she does not have to observe any ‘iddah, so this divorce does not go against the words of Allaah, “divorce them at their ‘Iddah (prescribed periods)”.
2 – If the menses occurs during pregnancy.
3 – If the divorce takes place in return for some compensation, in which case there is nothing wrong with divorcing her when she is menstruating.
There is nothing wrong with doing a marriage contract with a woman who is menstruating, because the basic principle is that it is permissible, and there is no evidence to suggest otherwise. But the idea of the husband entering upon her when she is menstruating is subject to further discussion. If he can be trusted not to have intercourse with her, there is nothing wrong with it, otherwise he should not enter upon her until she becomes pure, for fear of his doing something that is forbidden.
8 – Reckoning the ‘iddah of divorce by means of the menstrual cycle
If a man divorces his wife after having had intercourse with her or being alone with her, then she has to observe an ‘iddah of three complete menstrual cycles, if she is a woman who menstruates and she is not pregnant, because Allaah says (interpretation of the meaning):{وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ}
“And divorced women shall wait (as regards their marriage) for three menstrual periods”Transliteration:Wa Al-Muţallaqātu Yatarabbaşna Bi'anfusihinna Thalāthata Qurū'in [al-Baqarah 2:228].
If she is pregnant, her ‘iddah lasts until her pregnancy ends, whether the time is long or short, because Allaah says (interpretation of the meaning): {وَأُوْلَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ}
“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden”Transliteration:Wa 'Ūlātu Al-'Aĥmāli 'Ajaluhunna 'An Yađa`na Ĥamlahunna [al-Talaaq 65:4]
If a woman does not menstruate because she is old or she had had a hysterectomy, or for some other reason and there is no hope that she will menstruate again, then her 'iddah is three months, because Allaah says (interpretation of the meaning): { وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْن}
“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise”Transliteration:Wa Al-Lā'ī Ya'isna Mina Al-Maĥīđi Min Nisā'ikum 'In Artabtum Fa`iddatuhunna Thalāthatu 'Ash/hurin Wa Al-Lā'ī Lam Yaĥiđna [al-Talaaq 65:4]
If a woman normally menstruates but her menses have ceased for a reason such as sickness or breastfeeding, then she should observe the 'iddah no matter how long it lasts, until her menses returns and she can count her 'iddah. If the reason ceases but her periods do not come back, such as if she recovers from sickness or stops breastfeeding and still does not menstruate, then she should observe ‘iddah for a full year from the time the reason ceased. This is the correct view which is based on Islamic principles, because if the reason ceases and her periods do not come back, she is like one whose periods have stopped for no apparent reason, and if her periods stop for no apparent reason then she should observe an ‘iddah of one year – nine months for pregnancy based on the usual length of pregnancy, and three months for the 'iddah.
*But if the divorce takes place after the marriage contract is done and before intimacy or being alone together, then there is no 'iddah at all, whether it is reckoned by the menstrual cycle or otherwise, because Allaah says (interpretation of the meaning): {يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ}
“O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah [divorce prescribed period, see (V.65:4)] have you to count in respect of them”Transliteration: Yā 'Ayyuhā Al-Ladhīna 'Āmanū 'Idhā Nakaĥtumu Al-Mu'umināti Thumma Ţallaqtumūhunna Min Qabli 'An Tamassūhunna Famā Lakum `Alayhinna Min `Iddatin Ta`taddūnahā [al-Ahzaab 33:49]
9 – Establishing the absence of pregnancy
This is required every time there is a need for a ruling that there is no pregnancy. There are many issues connected to this.
10 –Requirement of ghusl
When the menstruating woman’s period ends, she must do ghusl by purifying her entire body, because the Prophet ﷺ said to Faatimah bint Abu Hubaysh: «When the time of your menses comes, stop praying, then when it ends, do ghusl and pray»[ Narrated by al-Bukhaari].
*The minimum that is required for ghusl is to ensure that water reaches every part of the body, even beneath the hair. But it is better if it is done in the manner mentioned in the hadeeth from the Prophet ﷺ, when Asma’ bint Shakl asked him how a menstruating woman should do ghusl. He ﷺ said:« One of you should take her water and lotus leaves and purify herself and purify herself well. Then she should pour water over her head and rub it vigorously, so that it reaches the roots of her hair, and pour water over herself. Then she should take a piece of cloth that is scented with musk and purify herself with it.” Asma’ said: “How should she purify herself with it?” He said: ‘Subhaan Allaah, let her purify herself with it.” ‘Aa’ishah said to her: “She should follow the traces of blood» [Narrated by Muslim].
*She does not have to undo the braids in her hair, unless they are tied so tightly that she fears that the water will not reach the roots, because of the hadeeth of Umm Salamah (may Allaah be pleased with her) that is narrated in Saheeh Muslim, where she asked the Prophet ﷺ and said: I am a woman with braided hair; should I undo it when doing ghusl following menses or for janaabah? He said: «No, rather it will be sufficient for you to pour three handfuls of water on your head, then pour water over yourself and you will be purified»
.
If a menstruating woman becomes pure during the time for prayer, she must hasten to do ghusl so that she can offer the prayer on time. If she is travelling and does not have any water, or she has water but she is afraid that she may be harmed by using it, or she is sick and the water will harm her, then she should do tayammum instead of ghusl, until the reason for not doing it ceases, then she should do ghusl.
Some women become pure at the time for prayer, but they delay ghusl until later, saying that they cannot purify themselves fully in this time. But this is no excuse, because they can limit themselves to the minimum that is required in ghusl and do the prayer on time, then when they have more time they can purify themselves more fully. End quote.
These are the most important rulings that have to do with menses in women.
Risaalah fi’l-Dima’ al-Tabee’iyyah li’l-Nisa’ by Shaykh Ibn ‘Uthaymeenرحمة الله عليه.
Can a Hijabi wear Make-Up in public?
Question:
"Is it allowed for the woman to put on make-up if she leaves her house wearing the hijaab?"
Answer:
"It is not permissible for the woman who does not wear hijaab, let alone who wears hijaab, to use the makeup of the disbeliever, the make-up of the rebellious and disobedient (to Allaah). When were you aware of some women's adornment called by a name for which Allaah did not send down an authority: 'make-up'? This is a word that we don't know, not us nor your forefathers from before. Rather, it is a foreign word expressing an adornment for the rebellious and disobedient women of Europe; and our women – except those of them whom Allaah protects – unfortunately imitate decorating themselves with this adornment which the Islamic society is being affected by, namely make-up. So it is not permissible for the woman. And this reality is one of the strange ironies: in the road we see a woman wearing a decent hijaab (but) I don't say the Islamically legislated hijaab; she ties what they call the 'ishaarb' – or khimaar which is the (correct) Arabic word – covering her hair, her neck and so on, but she has face powder and lipstick on. This (wearing the hijaab) is against this (wearing make-up): two contradictory, conflicting matters that do not go together. What is the reason (for this type of occurrence)? It is one of two things: either ignorance and heedlessness of the Islamically legislated ruling or it is due to the women's following of the temptations of shaytaan.
Therefore, we firstly remind the women who suffer from this make-up. Then secondly, we remind the guardians of women such as a father or a husband or a brother, due to the fact that (the Prophet) ('alayhi ssalaat wa ssalaam) said: 'Everyone of you is a shepherd and everyone of you is responsible for his flock. So the man is a shepherd and he is responsible for his flock-'[1] to the end of the hadeeth. Thus, the Arabic or general proverb states: 'The horse is from the horseman.' So you, the husband of the woman, it is not permissible for you to allow her to go out in this manner which puts to trial the middle-aged men, let alone the young men! And you, O man, O father, O brother, are supposed to be very jealous. Why? Because the Prophet (sallAllaahu 'alayhi wa aalihi wa sallam) used to say: 'A duyyooth will not enter Paradise.'[2] Why? Who is a duyyooth? He is the one who does not guard his womenfolk jealously."
[1] Saheeh al-Bukhaari # 893
[2] Saheeh at-Targheeb # 2071
Sheikh Muhammad Nasirud-Deen Al-Albani
Silsilat ul-hudaa wan-noor – the series of guidance and light – tape no. 697
Is Hijab even obligatory? And why is it so emphasised?
Question:
Now, I have always seen the islamic background and isnad for the idea of modesty and covering in general, yet there has always been in my mind a cloud of doubt around the exact isnad for the very specific modern hijab Muslim women wear today, i.e. covering the hair. For example, with the ayah in the quran, people have contested the meaning of the word "joyoobihinna" to mean chest. Others have had various understandings of the hadith when the Prophet PBUH tells Asmaa to cover. Can you please refer me to these isnadaat or some books that describe the exact isnad for the specific modern idea of hijab? Furthermore, I have never understood why hijab is so incredibly emphasized in today's Muslim society. Much more even than the essentials in our deen. Does this have some Islamic basis, or is it just society's obsession with al-thahir [the visibly obvious]? Thank you.
Answer:
Since you mentioned in your question the issue of having doubts about the specific ruling on hijab, inshaAllah let us first address some basic issues of beliefs. In order for us to understand any aspect of Islam it is important to know the context first in which a specific issue falls under. We cannot possibly move on without clarifying the purpose of creation as defined by Allahعزوجل. Without this, all else remains a futile attempt, and often people get caught up in useless discussions based on conjecture as to why Allahعزوجل ordained certain things such as hijab. So in order for us to be clear we need to state the purpose of creation. Allahعزوجل says:
"And I (Allah) created not the jinns and humans except they should worship Me (Alone)." [51:56]
Here we see the purpose of creation- to worship Allahعزوجل alone. On the same note Allahعزوجل commands us:
"And verily, We have sent among every community a Messenger [proclaiming]: "Worship Allah [Alone] and avoid the Taaghoot. Then of them were some whom Allah guided, and of them were some upon whom the straying was justified. So travel through the land and see what was the end of those who denied [the truth]" (Qur'an 16:36)
Here we see that Allahعزوجل sent every people a Messenger with one message which is to worship Allahعزوجل alone and one command to avoid Taghoot.
It is not enough to worship Allahعزوجل alone, but we MUST also avoid taghoot. Taghoot, in its linguistic definition, refers to that which goes over and beyond boundaries. In a shari'a definition, Taghoot means anything that is worshipped besides Allahعزوجل (ie. leaders, sorcerers, a sheikh, communism, capitalism, etc.)
This ayah is very important to understand because it is very much misunderstood. Many believe the prophets came to tell them to believe in Allahعزوجل , that there is only one god, and it is enough to do good actions. But this is false because people already believed in Allahعزوجل when the Prophets were sent. The problem was that they associated partners with Him, and this had to be eliminated.
From this ayah we also must understand that La Ilaha ilallah is not affirmed until there is bara'a (enmity, hatred, avoidance of that thing) to the taghoot. That taghoot can be the general taghoot or specific tawagheet. It is important to note that if anyone places anything such as secular knowledge above Allah's words, and makes it their source of standard for truth and falsehood, that secular knowledge becomes a form of taghoot.
As Allahعزوجل says:
(This is the) Book (the Qur'an) sent down unto you (O Muhammad), so let not your breast be narrow therefrom, that you warn thereby, and a reminder unto the believers. [Say (O Muhammad) to these idolaters (pagan Arabs) of your folk:] Follow what has been sent down unto you from your Lord (the Qur'an and Prophet Muhammad's Sunnah), and follow not any Auliya' (protectors and helpers, etc. who order you to associate partners in worship with Allah), besides Him (Allah). Little do you remember! 7:2-3
In the same Surah Allahعزوجل warns us not to be of those who take Allah's words with a grain of salt while believing wholeheartedly in the proofs from the mundane: "Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgment (in their disputes) to the Taghut while they have been ordered to reject them. But Shaitan (Satan) wishes to lead them far astray. And when it is a said to them: "Come to what Allah has sent down and to the Messenger (Muhammad)," you (Muhammad) see the hypocrites turn away from you (Muhammad) with aversion.
Having said this, we learn that we take the understanding of the Qur'an and the Sunnah according to how the Prophet ﷺ understood it, taught it and described it. The ones closest to the Prophet ﷺ were ofcourse his companions. His companions then taught their students after the Prophet's death. Then these students taught their students and so on, until this knowledge has become preserved to the scholars of Ahlus Sunnah wal Jama'ah today. Basically, the science of studying Islam, its rulings, and what you have chosen to call isnadaat are not from our own conjecture but from knowledge that has been passed from the time of the Prophet ﷺ to the scholars who are the heirs of the prophets.
Last, before we finally address the issue of hijab, it must be noted that there is no separation between what you describe as al-thahir and what is essential in our deen. If we make the mistake of splitting our deen into two matters (what is essential and what is not) then who is to say what is essential and what is not essential in our deen? And what is the proof for each one? By pitting the issue of hijab against "what is supposedly essential" is posing a false dilemma. It is not an issue of either or. All of Islam is one.
For instance, hijab and prayer are important because because everything we do as Muslims comes from the Shari'ah of Allahعزوجل . So one cannot say that there is too much emphasis on hijab and not enough on prayer. Both must be observed as they both are observances of Allah's commands. We are incomplete without either one of them. Meaning, if the internal is sound then the outward should be sound as well.
Narrated 'Umar bin Al-Khattab: "People were judged by the revealing of a Divine Inspiration during the lifetime of Allah's Apostle but now there is no longer any more (new revelation). Now we judge you by the deeds you practice publicly, so we will trust and favor the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good." [Sahih Bukhari 3 / 809]
The ruling on Hijab with its proofs:
Requirement 1: How far do we cover?
The dress worn in public must cover the entire body except what has been specifically excluded, based upon the following proofs:
1] Allahعزوجل says "And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts, etc.) and not to show off their adornment except only that which is apparent, and to draw their veils all over Juyubihinna and not to reveal their adornment except to their husbands, their fathers, their husband's fathers, their sons, their husband's sons, their brothers or their brother's sons, or their sister's sons, or their (Muslim) women (i.e. their sisters in Islâm), or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small children who have no sense of the shame of sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allâh to forgive you all, O believers, that you may be successful. (An-Nur 24:31)
The issue among Islamic scholars of today and the past have never been the issue of defining Juyubihinnah. The majority of the Muslim scholars such as Ibn Abbas رضي الله عنه, Qatadah, Ibn Katheer, Imam Qurtubi, Ibn Hajar al Asqalani, Imam ash-Shawkani, at-Tabari, Imam adh-dhahabi and so on all define the starting point of Juyubihinna as starting from the head not from the bosom. This is evident by how the female companions observed the Hijab, especially the wives of the Prophet ﷺ who are examples for the whole Ummah.
The word Khumur refers to a cloth which covers the head hair neck and bosom. The Mufasir al Qurtubi explains:
"Women in the past used to cover their heads with al-khimar, throwing its ends over their backs. This left the neck and the upper part of the chest bare, in the manner of the Christians. Then Allah commanded them to cover those parts with the khimar."
This ayah also lists in detail those with whom a woman is permitted to be without hijab.
2] Allahعزوجل says "O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies. That will be better, that they should be known (as free respectable women) so as not to be annoyed. And Allâh is Ever OftForgiving, Most Merciful. (Al-Ahzab 33:59)
The word zeenah above means adornment and includes both that which Allahعزوجل has adorned them (i.e. the woman's natural/and or physical beauty) and that with which they adorn themselves (i.e. jewelry, eye shadow, attractive clothing, hand dye, etc.).
Among the authentic hadith that adds to this point is the following:
Ibn Umar reported that Rasulullah ﷺ said "On the day of resurrection, Allah will not look at the man who trails his garment along out of pride." Umm Salamah then asked, "What should women do with the hems of their garments?" He replied, "Let them lower them a handspan." She said, "Their feet would be exposed!" He then said, "Let them lower their forearm's length but no more." [reported by at-tabarani Sahih]
This ayah orders Muslim women to draw their cloaks over their bodies when they go out. Abu Dawud related that Aisha said "After this ayah was revealed, the women of al Ansar appeared like crows (because of the color and shape of the cloaks they wore). Hence, an outer garment or cloak must be worn by a Muslim woman whenever she goes out in public or if she is in the presence of strangers.
Requirement 2: How thick should it be?
The garment should not be see-through so as not to display the skin color and form of the body under it. Transparent clothing does not constitute a proper hijab. The following hadith is the proof for this:
Rasulullah ﷺ said, "There will be in the last of my Ummah, scantily dressed women, the hair on the top of their heads like a camel's hump. Curse them, for verily they are cursed. In another version he said "..scantily dressed women, who go astray and make others go astray; they will not enter al-Jannah nor smell its fragrance, although it can be smelled from afar." [at-tabarani and sahih Muslim]
"Scantily dressed women" are those who wear clothing which reveals more than it conceals, thereby increasing her attractiveness while opening the path to a host of evils.
Requirement 3: How Loose should it be?
The clothing must not be so tight-fitting as to show the shape and size of the woman's body. The following hadith is the proof.
Usamah Ibn Zayd said, "Rasulullah ﷺ gave me a gift of thick Coptic cloth he had received as a gift from Dahiah al Kalbee, and so I gave it to my wife. Thereafter an-Nabee ﷺ asked me, 'Why didn't you wear the Coptic cloth?' I replied, 'I gave it to my wife.' an-Nabee ﷺ then said, 'Tell her to wear a thick gown under it for I fear that it may describe the size of her limbs.' [narrated by Ahmad, al Baihaqi, and al Hakim]
Requirement 4: What is the color and appearance?
Allahعزوجل commands the believing women thus "And stay in your houses, and do not display yourselves like that of the times of ignorance, and perform As-Salât (IqamâtasSalât), and give Zakât and obey Allâh and His Messenger. Allâh wishes only to remove ArRijs (evil deeds and sins, etc.) from you, O members of the family (of the Prophet SAW), and to purify you with a thorough purification. (Al-Ahzab 33:33)
Allahعزوجل has commanded women not to display both their natural and acquired beauty. A garment cannot be a thing which enhances her beauty and draw attention to her. Thus, the garment cannot be of bright colors, have Bold designs, or be made of shiny and reflective material. The word above "tabarruj" means not only to display oneself but also to make oneself attractive in public.
Imam adh-dhahabi says in Kitab al Kaba'ir (the book of major sins):"Amongst the deeds which a woman is cursed for are displaying the adornments she wears, wearing perfume when she goes out, and wearing colorful clothes…" Hence, the Muslim woman is encouraged to wear muted, somber colors, and is ordered to avoid bright designs, patterns and colors.
Requirement 5: Should It be different from Men's clothing?
The clothing of a Muslim woman must not resemble the clothing of men. The following are proofs:
Abu Hurairah said Rasulullah ﷺ cursed the man who wears women's clothes and the woman who wears men's clothes. [abu Dawood and Ibn Majah-- sahih]
Abdullah Ibn Umar said he heard Rasulullah ﷺ say the man who resembles a woman and the woman who resembles a man is not of us [i.e. not of the believers]. [Ahmad and at-tabarani-- sahih]
Requirement 6: Can we Resemble the Dressing of the Disbelievers?
A Muslim woman's clothing must not resemble the clothing of disbelievers. This is a general ruling of the Shari'ah of Allah which includes not on only dress but also manners, customs, religious practices and festivities, transactions, etc. Divergence with disbelievers is a standard that was established by the first generation of Islam. The following is proof for this position:
Abdullah Ibn 'Amr ibn al-As said Rasulullah ﷺ saw me wearing to saffron- colored garments, so he said Indeed these are the clothes of kuffar [unbelievers] so do not wear them. [Sahih Muslim]
Abdullah ibn Umar said Rasulullah ﷺ stated whoever resembles a people is one of them. [abu Dawood]
Abu Musa al Ashari related that Umar told him "I shall not honor those whom Allah has dishonored, nor esteem those He has humbled, nor bring close those whom he has kept afar." [Ahmad]
Requirement 7: Can we be excessive in our dress?
The Muslim woman's dress must not be an expression of vanity or as a status symbol, nor must it be excessively ragged so as to gain admiration and fame for being humble.
Ibn Umar reported that Rasulullah ﷺ said "Whoever dresses for ostentation in this world, Allah will dress that person in a dress of humiliation on the day of resurrection, and then set on fire." [abu dawood]
Wearing forbidden clothing could invalidate one's prayer
Question: A woman uses a particular clothing for prayer and it is clothing for men. Is her prayer permissible? Is this considered part of imitating men?
Response: If the clothing is something particular for men, then it is forbidden for her to wear it regardless of whether she is praying or is outside of the prayer. This is because it is confirmed from the Prophetﷺ that he cursed those women who imitate and appear like men as well as those men who imitate and appear like women. It is not allowed for a woman to wear clothing that are particular for men and it is not allowed for men to wear clothing that are particular for women.
However, we must understand the concept of "particularity". Particularity is not with respect to color but it is with respect to color and description. It is, then, permissible for women to wear white clothing as long as it is not the same as the white clothing of men. If it is clear, though, that woman wearing men's clothing is forbidden, then her prayer in such clothing is not valid according to those scholars who say that the covering in the prayer must be a covering which is permissible.
This is a question in which there is a difference of opinion among the scholars. Some scholars say that it is a condition that the covering or clothing be clothing that is in itself permissible. Some do not lay down such a condition. The proof for those who lay down such a condition is that the covering of the aurah [what must be covered] in the prayer is one of the conditions for the prayer and the covering must be something that Allah has permitted. If it is something that Allah has not permitted, then it is not considered a legal covering since it goes against what is commanded. The proof of those who say that the prayer is still valid while the person is committing a sin is that the woman has actually covered herself and the sinful aspect is something that is external and is not particularly related to the prayer. In any case, the person who prays in forbidden clothing is in a dangerous situation since her prayer may be rejected and not accepted from her.
Islamic Fatawa Regarding Women - Darussalam Pg.129-130
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