Women's Rights in Islam by Dr. Muhammad Sharif Chaudhry (Chapter 12)

 

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WOMEN'S RIGHTS IN ISLAM

By Dr. Muhammad Sharif Chaudhry

 

CHAPTER 12

Women and Purdah

 

  1. Injunctions of the Qur'an

  2. Ahadith of the Holy Prophet

  3. Discussion in the Light of Qur'an and Hadith

  4. Views of the Scholars

I ‑ INJUNCTIONS OF THE QUR'AN

The Qur'an commands the believers, both men as well as women, to lower their gaze and keep modest. However, the women have been obliged to fulfil certain additional responsibilities in the matter of dress, adornment, etc. The relevant verses are:

  1. Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: and Allah is well acquainted with all that they do. (24:30)

  2. And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof: that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers or their brothers' sons. Or their sisters' sons, or: their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss. (24:31)

  3. O ye who believe! Let those whom your right hands possess, and the (children) among you who have not come of age ask your permission (before they come to your presence), on three occasions, before morning prayer: the while ye doff your clothes for the noonday heat; and after the late‑night prayer: These are your three times of undress: outside those times it is not wrong for you or for them to move about attending to each other: thus does Allah make clear the Signs to you: for Allah is‑full of knowledge and wisdom. (24:58)

  4. Such elderly women as are past the prospect of marriage,‑ there is no blame on them if they lay aside their (outer) garments, provided they make not a wanton display of their beauty: but it is best for them to be modest: and Allah is One Who sees and knows all things. (24:60)

  5. O Consorts of the Prophet! Ye are not like any of the (other) women: if ye do fear (Allah), be not too complaisant of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech (that is) just. (33:32)

  6. There is no blame (on these ladies if they appear) before their fathers, or their sons, their brothers, or their brothers sons, or their sisters' sons, or their women, or the (slave) whom their right hands possess. And (ladies), fear Allah: For Allah is witness to all things. (33:55)

  7. O Prophet! Tell thy .wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested: and Allah is Oft‑Forgiving; Most Merciful. (33:59)

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II ‑ AHADITH OF THE PROPHET

Ahadith of the Prophet regarding purdah are:

  1. Ayesha reported that Asma'a daughter of Abu‑Bakr came to the Messenger of Allah while there were thin clothes on her. He approached her and said: O Asma'a! when a girl reaches the menstrual time, it is not proper that anything on her should remain exposed except this and this. He hinted on her face and palms. (Abu Daud)

  2. Jaber reported: My maternal aunt was divorced thrice. She then intended to get fruits of her palm trees. A man threatened her for her coming out. She came to the Prophet who said: Yes, take fruits of your palm trees. It is perhaps you will make gift or do some good act. (Muslim)

  3. Jaber reported that the Messenger of Allah said: Behold! a man must not pass a night near a married woman who had consummation, except his being her husband or one within the prohibited degrees. (Muslim)

  4. Jabir‑b‑Abdullah reported: I asked the Prophet about glance at a strange woman. He ordered me to turn away my glance. (Muslim)

  5. Umme Atiyya reported: The Messenger of Allah commanded us to bring out on Id‑ul‑Fitr and Id‑ul‑Adha young women, menstruating women and purdah‑observing ladies, menstruating women kept back from prayer, but participated in goodness and supplication of the Muslims. I said: Messenger of Allah, one of us does not have an outer garment. He said: Let her sister cover her with her outer garment. (Muslim)

  6. Bahaz‑b‑Hakim reported that the Messenger of Allah said: Protect your private parts except from your wife or what your right hand possesses. I asked: O Messenger of Allah! inform me in case a man is alone. He said: Allah is then more to be ashamed of. (Tirmizi, Abu Daud, Ibn Majah)

  7. Omar reported from the Prophet who said: 'A main shall never keep alone with a woman except that the third between them is the devil. (Tirmizi)

  8. Abu Saeed reported that the Messenger of Allah said: No man shall look to the private parts of a man and no woman to the private parts of a woman, nor a man shall be with another man underneath the same cloth, nor a woman with a woman underneath the same cloth. (Muslim)

  9. Oqbah‑b‑A'mer reported that the Messenger of Allah said: Be careful of coming to a woman. A man asked: O Messenger of Allah, inform me about husband's relations. He said: Husband's relations are (as it were) death. (Bukhari, Muslim)

  10. lbn Mas'ud reported from the Prophet who said: A woman is (like) a private part. When she goes out (not properly dressed), the devil casts glance at her. (Tirmizi)

  11. Ali reported that the Prophet said to him: O Ali, don't keep your thigh exposed and don't look at the thigh of any living man, or of a dead man. (Abu Daud, Ibn Majah)

  12. Omme Salamah reported that she and Maimunah were near the Prophet when the son of Omme Maktum came to him. The Prophet said: Screen from him. I asked: O Messenger of Allah, is he not ‑a blind man who does not see us? The Holy Prophet said: Are you blind and do you not see him? (Ahmad, Tirmizi, Abu Daud)

  13. Anas reported that the Prophet came to Fatimah with a slave whom he gifted her. There was a piece of cloth over Fatimah. When her head was covered with it, it did not reach her legs: and when her legs were covered with it, it did not reach her head. When the Messenger of Allah saw what she was covering with, he said; There is no sin for you therefor. He is, your father and he is your slave. (Abu Daud)

  14. Ayesha reported: Never have I looked to or seen the private parts of the Messenger of Allah. (Ibn Majah)

  15. Hasan reported a defective tradition. It reached me that the Messenger of Allah said: Allah curses one who looks with lust and who is looked upon. (Baihaqi)

  16. Omme Salamah reported that the Messenger of Allah was near her when within the house there was are eunuch (working as servant in house). The eunuch said to Abdullah‑b­-Omayyah, brother of Omme Salamah: O Abdullah, if tomorrow Allah gives you victory over Tayef, I shall point out to you the daughter of Ghilan with four folds of fat with front and in eight behind. The Messenger of Allah said: They (servants like that eunuch) should never come to you. (Bukhari, Muslim)

  17. Abu Hurairah reported that the Apostle of Allah said: No woman shall make a journey to the distance of one day and one night except with a man within the prohibited degree (Mahrant). (Bukhari, Muslim)

  18. Alqamah reported from his mother who said: Hafsah, daughter of Abdur Rahman, went to Ayesha with a thin veil over her. Ayesha tore it off and dressed her with a thick veil. (Malek)

  19. Ayesha reported: The riders were passing by us while we were with the Apostle of Allah in Ihram. When they came by us, one of us let down her veil over her face from her head. When they had passed on, we removed it. (Abu Daud)

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III ‑ DISCUSSION IN THE LIGHT OF QUR'AN AND HADITH

The injunctions of the Qur'an and Sunnah regarding modesty and observing of purdah are elaborated and discussed as follows: ‑

l. Observance of modesty is as much obligatory for men as it is for the women. Verse 30 of chapter 24 of the Qur'an makes it obligatory on men to keep modesty. The following rules emanate from this verse.

a) The men should lower their gaze. They should cast down their looks. In other words it means that they should restrain their gaze and avoid looking at women intentionally or purposely. The men have been thus commanded to avoid gazing or looking at the women or at the satar of others or at indecent scenes.

There are so many Traditions reported in Hadith literature, according to which the Prophet (peace be upon him) strictly forbade his followers to cast their gazes at the women intentionally and unnecessarily. According to one Hadith, the Holy Prophet told Hadrat Ali: "Do not cast a second look after the first look. The first look (chance look) is pardonable but not the second one (which is generally intentional)." In another Tradition quoted in Abu Daud, it is related that Hadrat Muhammad (peace be upon him) turned the face of his young cousin Fazal‑b‑Abbas to the other side, on one occasion, when the latter was fixing his gaze at a woman. The Prophet of Islam once declared: "Evil look at the other woman is the adultery of the eyes …" (Bukhari, Muslim). However, when it is really necessary to look at a woman, the same. is permitted. The Prophet permitted to see a woman when one wants to marry her. Jurists have held that a physician can look at his female patient, a judge can look at a woman witness and in similar occasions, when it is very essential, a man can look at a woman.

b) They should observe modesty or they should be modest. According to the literal translation of the relevant Arabic words, the men should guard their private parts. Guarding the private parts means: firstly that they should not indulge in unlawful sex activities like fornication, adultery etc., and secondly they should abstain from exposing their private parts (satar) before others. In other words, the men should keep chaste and avoid exposing their Satar.

According to a Tradition, the Prophet (Allah's peace be upon him) prohibited the believers to expose their satar except before their wives. (Abu Daud)

For males, the satar is the part of man's body from the navel to the knee and this part of the body is not to be exposed intentionally before anybody. Thigh is included in satar and on some occasion the Prophet of Islam declared: "Do not expose your thighs"‑ (Abu Daud).

2. Rules regarding the observing of modesty by the women have been laid down in the verse 31 of chapter 24 of the Qur'an as follows: ‑

a) The believing women should lower their gaze and should not intentionally gaze at men or at the satar of others or at the indecent scenes.

According to the traditions of the Prophet of Islam, the commandments regarding restraining of gaze in case of women are rather less strict as compared to those regarding restraining of gaze by men. It is reported that a deputation of some negroes carne to Al‑Madinah in 7 A.H. and they gave a performance of physical skill in the courtyard of the mosque of the Prophet and the Prophet (peace be upon him) himself showed that performance to his wife Hadrat Ayesha. Similarly according to another Tradition, the Holy Prophet instructed a divorcee Fatimah‑b‑Qais to observe her Iddah in the house of a blind man.

b) They should be modest, protect their chastity and guard their private parts. Guarding of private parts means abstaining from indulging in illicit sex gratification and also to avoid exposing their private parts or satar. Satar of a woman is the entire body except her face and hands.

Hadrat Ayesha reports a Tradition that her sister Asma once came in thin clothes and the Prophet Muhammad (may Allah's peace be upon him) turned his face away from her and remarked: " O, Asma when a girl attains maturity, she is not permitted to expose any part of her body except face and hand."

c) The women should not display their adornment except that which is displayed of itself. Adornment means ornamentation and decoration and, to use the modern terminology; make‑up. The women have been prohibited to display their make‑up except that which is apparent and which is beyond their control to hide. It means that they cannot intentionally display their adornment except that which becomes exposed without any Intention or purpose on their part.

The words "what is apparent" or "which is displayed of itself" have always generated a lot of controversy and difference of opinion among the Muslim scholars and jurists. Even the Companions ‑of the Prophet of Islam had different views about the interpretation of this expression. `What is apparent' or `which is displayed of itself', according to Abdullah‑b‑Abbas, means all those parts of the body which

normally remain exposed like hands and face. So, in his view, the hands and face can be kept exposed and need not be covered. On the other hand Hadrat Abdullah‑b‑Masud and his followers hold that hands and face and the adornment of these parts cannot be exposed. The view of Ibn Abbas has been accepted by the Hanafi jurists and their followers and according to them the woman can keep uncovered their hands and face along with adornments of these parts of the body.

d) The women should draw their veils on their bosoms. It means the women should cover their bosom properly with a wrapper and should not keep exposed any part thereof.

e) The women should not reveal. their adornment except before the following:

I.‑ Their husbands. II.‑ Their fathers. It includes grandfathers and great grandfathers on paternal and maternal side. III.‑ Their husband's fathers: It includes grandfathers and great grandfathers on maternal and paternal side of their husbands. IV.‑ Their sons. It includes their grandsons through their sons as well as daughters. V.‑ Their husbands sons, including grand sons. VI.‑, Their brothers. VII.‑ Their brother's sons, including. grandsons. VIII.‑ Their sister's sons, including grandsons. IX.‑ Their female associates: such women who are familiar or who are known or who are friends etc. X.‑ Their slaves. XI.‑ Male servants who lack sexual vigour and are not interested in sex matters. XII.‑ Children who have no knowledge of sex.

f) The women should not stamp their feet on the ground so as to reveal their hidden adornment. So the sound of ornaments should not be audible.

3. The Qur'an in its verse 59 of chapter 33 commands the women to draw their cloaks close round them when they go abroad. The purpose of this injunction has been disclosed in the latter part of this verse in the words: "...so that they may be recognised (as decent and noble ladies) and not annoyed (being taken as women of ill repute)."

The Arabic word 'Jalabeeb' is the plural of 'Jalbab' which means cloak or gown or outer garment. A lot of heat has been generated about the interpretation of this verse. The Orthodox opinion is that the word `Jalbab' means veil and it should cover the face also. But the liberal commentators interpret it to mean that the women should wrap up their gowns or outer garments covering their heads, necks and bosoms but hot faces and hands.

According to the Ulema, a Muslim woman cannot come out of her house unless she is properly covered with a veil which should cover her face also. On the other hand some scholars, who are not that orthodox, believe that the injunction does not include the covering of the face. According to them the women may come out of their houses properly dressed and covering themselves with sheets or gowns but they need not cover their faces, hands and feet.

4. Verse 60 of chapter 24 of the Holy Qur'an relaxes the conditions regarding purdah in respect of the old women who are past the prospect of marriage and no longer capable of exciting the passions of men. According to the verse, it is no sin for them if they discard their outer clothing in such a way as not to display or exhibit their ~ adornment or make‑up. However this permission cannot be used by those women who still have sexual desires or who want to attract others by displaying their embellishments.

5. The verse (AI‑Qur'an 24:58) fixes three times of privacy for the believing couples ‑ Before Fajr prayer, noon and after Isha prayer ‑ and in these three times, even the personal servants and children should not come to them without first obtaining permission. Verses 32 and 55 of chapter 33 address the wives of the Prophet and, according to some scholars, do not pertain to the women in general.

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IV ‑ VIEWS OF THE SCHOLARS

Some opinions. of eminent scholars regarding the injunctions of the Qur'an and Sunnah pertaining to purdah are cited below for the benefit of the readers.

1. To represent the view‑point of Ulema, an extract from "The Meaning of the Qur'an" written by Maulana Abul A'la Maududi is presented. Maulana writes:

"Jilbab is a large sheet and idna' is to draw close and wrap up, but when this word is used with the associating particle 'ala, it gives the meaning of letting something down from above. Some modern translators, under the influence of the West, have translated this word "to wrap up" so as to avoid somehow the command about covering of the face. But if Allah had meant what these gentlemen want to construe, He would have said: yudnina ilai‑hinna and not vudnina ‘alai­hinna. Anyone who knows Arabic knows that yudnina ‘alai­hinna cannot merely mean "wrapping up." Moreover, the words min jalabib‑i hinna also do not permit of this meaning. It is obvious that the preposition min here signifies a part of the sheet, and this also that wrapping up is done by means of a whole sheet and not merely by a part of it. The verse, therefore, clearly means this: The women should wrap themselves up well in their sheets, and should draw and let down a part of the sheet in front of the face."

He further quotes the following scholars to support his point of view: "Ibn 'Abbas also has made almost the same commentary. In his statements which have been reported by Ibn Abi Hatim and Ibn Marduyah, he says: "Allah has commanded the women that when they move out of their houses for an outdoor duty, they should conceal their faces by drawing and letting down over themselves a part of their sheets, keeping only the eyes uncovered." The same explanation of this verse has been given by Qatadah. and Suddi.

All the great commentators who have passed after the period of the Companions and their immediate followers have given the same meaning of this verse. Imam Ibn Jarir Tabari, in his commentary of this verse, says: "The respectable women should not look like the slave‑girls from their dress when they move out of their houses, with uncovered faces and loose hair; they should rather draw and let down over them a part of their sheets or outer‑garments so that no evil person may dare molest them." (Jami’ al‑Bayan, vol. XXII, p. 33)

‘Allama Abu Bakr al‑Jas as says: "This verse points out that the young woman has been commanded to conceal her face from the other men; when moving out of the house she should cover herself up well to express chastity and purity of character so that people of doubtful character do not cherish any false hope when they see her." (Ahkam al‑Qur'an, vol. III, p. 458).

‘Allama Zamakhshari says: "It means that they should let down a part of their sheet over themselves, and should cover their faces and wrap up their sides well." (Al‑Kashshaf, vol. II, p. 221)`

2. The other view‑point is represented by Justice Aftab Hussain in his book "The Status of women in Islam". He writes: "If the women are required to be covered from head to toe as the religious scholars would like them to be on their visit to public places no occasion would arise for the menfolk acting according to the injunction in verse Q. 24: 30. A woman can see men from inside her covering. But in that case by complying with the letter of the injunction and keeping her gaze lower she incurs the risk of stumbling or knocking against other passers by: Evidently the two verses assume that the male and female can see one another which is possible only when ‑the woman is not in a veil or does not cover her face. The raison d'etre is that both the sexes should remain chaste and with this object in view they should avoid gazing at one another. The responsibility is reciprocal and not of the women alone to observe strict veiling of her face in order to save men from opportunities of being attracted towards them."

To reinforce his, point of view, Justice Aftab Hussain further writes, relying. upon the earlier commentators like Ibn Jarir and Imam Razi: "Ibn Jarir after reproducing the conflicting views in his commentary of the Qur'an adopted the liberal view that the exception to the injunction of concealment of adornments is of the hands and face. He said that the utterance nearer the truth is of those persons who hold it (the injunction about ma zahara minha) to mean face and the two hands which include eye powder, rings, wrist bracelet, and palm dye. "We consider this .view truer because of the Ijma'a of the Ummah that it is necessary for every person offering prayer to hide his satr (privities). The prayer is not correct without its concealment. As for women it is lawful for her - rather it is necessary for her‑that during her prayer she should keep her face and hands exposed. It is obligatory on her that she should hide the rest of her body. It is stated about the Prophet (PBUH) that he held it discretionary with women to keep half of their hands up to the elbows exposed. Now that this is proved by the Ijma'a of the learned, it becomes evident that it is lawful for a woman to keep uncovered those parts of the body which are not her satr in the same manner as it is for men to cover their satr because it cannot be prohibited to uncover what is not satr. And since it is lawful for the women to expose their face, hands and feet it is evident that by laying down illa ma zahara minha Allah has made an exception in their respects, because these parts of the body are (always) subject to exposure (during the discharge of their functions)."

Imam Fakhruddin Razi said that the entire body of a woman should be covered before a stranger except her face and hands since she is obliged to open her face and hands at the time of entering transactions of sale and purchase.

3. Maulana Fazl‑ul‑Karim in `Al‑Hadith' writes about Purdah as under: "It appears therefore from what has been stated above that Islam adopts a via media between the total casting off of the veil followed by free intermingling of sexes both outside and inside houses on one hand and . the imprisonment within four walls of a house on the other. Purdah is a Persian word and connotes that it is a national local custom. It came into vogue during the Ommeyyade Caliph Walid II (Short history of the Saracens. p. 69). What the Qur'an enjoins on both men and women is decent dressing and deportment. Purdah, as popularly understood, is possible only among the upper and the middle classes. On the other hand, the labouring class of women who toil hard for their daily food are not expected to observe it."

4. Muhammad Asad in his commentary of the Qur'an explains his point of view regarding "what may be apparent" or "which may be displayed of itself" used in Verse 31 of Chapter 24 as under: "Although the traditional exponents of Islamic Law have for centuries been inclined to restrict the definition of "what may [decently] be apparent" to a woman's face, hands and feet‑and sometimes even less than that‑we may safely assume that the meaning of illa ma zahara minha is much wider, and that the deliberate vagueness of this phrase is meant to allow for all the time‑bound changes that are necessary for man's moral and social growth. The pivotal clause in the above injunction is the demand, addressed in identical terms to men as well as to women, to "lower their gaze and be mindful of their chastity": and this determines the extent of what, at any given time, may legitimately ‑ i.e., in consonance with the Qur'anic principles of social morality‑be considered "decent" or "indecent" in a person's outward appearance."

Explaining verse 59 of chapter 33 he writes:

"The specific, time‑bound formulation of the above verse (evident in the reference to the wives and daughters of the Prophet), as well as the deliberate vagueness of the recommendation that women "should draw upon themselves some of their outer garments (mill jalabibihinna)" when in public, makes it clear that this verse was not meant to be an injunction (hukn: ) in the general, timeless sense of this term but, rather, a moral guideline to be observed against the ever‑changing background‑ of time and social environment. This finding is reinforced by the concluding reference to God's forgiveness and grace."

5. Allama Abdullah Yusuf Ali. comments on verse 24: 31 thus: "The need for modesty is the same in both men and women. But on account of the differentiation of the sexes in nature, temperaments and social life, a greater amount of privacy is required for women than for men, especially in the matter of dress and the uncovering of the bosom."

Commenting upon verse 59 of chapter 33 he says: "The times were those of insecurity and they were asked to cover themselves with outer garments when walking abroad. It was never contemplated that they should be confined to their houses like prisoners."

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