The Islamic Modest Dress
Fifth Lesson
We have said that there are two issues involved here. First, what is
obligatory upon women and what is permissible for men. Those points
which are clear are that it is obligatory upon women to cover themselves
except for their face and hands. This is neither compulsory nor in the
Holy Quran; nor in the traditions can we find reason to believe that it
is obligatory upon women to cover their face and hands.
But as to whether it is permitted for men to look, it is clear and
definite that if the look is a lustful one, that is, a look with
intention of lust, there is no doubt that this is forbidden. If a look
is not a lustful one but the surrounding conditions and situation are
such that a fear exist that one may be led to deviate, that too is
forbidden. These two are both forbidden, not only towards women to whom
men are not mahram but to women they are mahram with, as well, other
than their wife. It is even forbidden for a man to look in this way at
another man.
Thus there are only these two questions. Is it obligatory upon a woman
to cover her face and hands and secondly, is it permissible or not for a
man to look without lust or fear of deviation?
From the View Point of Traditions
From the point of view of the traditions, and the external aspects of
the verse, it is more or less certain that it is not necessary for women
to cover the face and hands and it is not forbidden for men to look at a
woman's face or hands if his look is not one of lust or fear of
deviation.
The traditions are numerous and we have only referred to a few and a
few more will be mentioned. One is a tradition from Imam Ridha’ , peace
be upon him, who is asked, '1s it permissible for a man to look at the
hair of his wife's sister?" "No. It is not permissible unless she be a
woman who is past child-bearing age. A wife's sister is just like any
other woman that you are not related to according to the Divine Law and
you can only look at her and her hair if she is beyond child-bearing
age."[^1]
Thus whenever the Imams are asked if it is permissible to look at a
woman's hair, etc., they are never asked if it is permissible to look at
a woman's face when the look is not one of lust or fear of deviation.
There is another tradition from Imam Ridha’ , peace be upon him, about
a young boy. "Must a seven-year old boy be encouraged to recite the
ritual prayer?" He said it is not obligatory but to encourage is a good
thing. It is not necessary that a woman hide her hair from him until he
reaches puberty.[^2] We see that again it is covering the hair which is
referred to and not covering the face.
Concerning 'What Their Right Hands Own'
Again concerning "What their right hands own," if a female slave is
mahram to a man, is a male slave mahram to his female owner or not? I am
using the term 'mahram' here erroneously with a purpose because this is
an interpretation that others have. There is a difference when we say
'mahram' meaning, for instance, they are not permitted to marry. It is
permitted for him to look at her hair but he is not mahram in the usual
sense such as the father-in-law and his son's wife. Some have
interpreted it this way. When a question is asked about this, the answer
given is that there is no problem if a male slave look at his female
owner's hair. Again, hair is mentioned, not the face.
There is a discussion concerning a khwajah (eunuch) and whether or not
he is a male slave or a woman. The ruling was that he was like a woman
and there was no problem if he looked at a woman's hair. A person asked
Imam Ridha’ if is was necessary to cover before a khwajah and the Imam
said it was not. "They used to enter my father's house and women did not
cover their hair before them."[^3]
As to "the women of the Book," of course, they do not need to be
dhimmah. There is no problem with looking at the hair of a Jewish woman
or a Christian or a Zoroastrian woman or a woman who is none of these.
The Holy Prophet said, "It is not forbidden to look at the hands and
hair of dhimmah women."[^4]
Wherever you look you see that the issue which is an exception is
referred to or questioned and the face and hands are not questioned.
Whereas if it had been forbidden to look at the face and hands of a
woman, they would have been referred to in the exceptions.
As to dhimmah women, some of the ulama believe that we must look and
see what the situation was at the time of the Holy Prophet; what extent
of the body was not covered? Clearly the dhimmah women did not cover
their hair or their hands to a certain point. There was no problem,
then, in looking at them.
I have mentioned that in every exception, it is permitted to look
without lust except under one condition. That is, it is permissible to
look at a woman in lust when one wants to see a woman to decide whether
or not to marry her, as a serious suitor for marriage.[^5] Of course, it
is clear that a man cannot spend years looking at women in this way to
determine whether or not he wants to get married. There are other
conditions as well. How much education should she have? Where does she
come from, etc. After all of the other conditions are met and the only
one remaining is to see if one wants to marry her, it is this situation
that the exception refers to. If the purpose is only lust, it is clearly
not with the intention of marrying.
These, then, were some of the traditions but there are many more from
both Sunni and Shi'ite sources.
The traditions say it refers to Muslim woman and not the dhimmah but
not with lust or with a look which holds the fear of deviating within
in. It is permissible to look at her in what she customarily wears
outside of her home. Ayatullah Burujerdi says that one must suffice to
look only at that which was common in those days. Perhaps customs have
changed today and even more areas of their body are uncovered.
There is another point to mention following this. There is an edict,
based on a tradition which some ulama find difficult to accept. It is
concerned with a tradition where the Imam said that there is no problem
to look at the hair of a bedouin woman, a woman from suburb of Kufah or
Ilj (non-Arab bedouin women). Why? Because it is their custom to dress
in their particular style and they refuse to cover their heads. So it is
not forbidden to look at them, but, of course, not with lust.
Some of the ulama have issued edicts just as the tradition states but
the late Ayatullah Mohammad Kazim does not issue one because he says
what is perhaps meant is that in places where these kinds of women are,
it is not obligatory for men to curtail their comings and goings. There
is no problem if their eyes fall on these women's hair. There is no
problem if the women are told to cover themselves and they do not
listen. Therefore, he felt it was an exceptional situation, not one that
needed a religious edict.
Another religious jurisprudent says the same thing holds for urban
women. If they are told they should cover themselves and they do not,
there is no problem if men look at their hair.
Hearing The Voice of A Non-Mahram Woman
Another issue is that of hearing the voice of a non-mahram woman. Is
this forbidden or not? This is clear from the edicts that it is not
forbidden as long as it is not for lust or in fear of deviating. There
is no problem between a blind person who is hearing another. However,
there is, caution. Where it does not concern a man, he should avoid it.
But it is forbidden for a woman to make her voice very pleasant and
attractive so as to cause confusion in a man whereby a man who has a
sickness in his heart hears her voice, and gets attracted to it through
lust.[^6]
This is among the things which are very clear. It is permissible to
hear the voice of a non-mahram woman as long as her voice is normal and
not one to cause lust or arouse the fear of deviating.
The verse of the Holy Quran is clear. It does not say women should not
speak. No. It says they should not change the tone of their voice. Women
continuously went to the Holy Prophet and to the Imams and asked the
questions they had. This is clear.
Shaking Hands
Another issue is shaking hands. Of course, all of these issues arise
only when there is no lust or fear of deviation present; otherwise they
are clearly not permitted. Again, the traditions and religious edicts
confirm one another in this matter. The Imam was asked if it is
permitted to shake hands with a non-related woman. He said, "No, unless
the hands be covered or the woman be mahram." One must not shake the
hands with a woman who is not mahram unless her hand is covered and even
then, pressure should not be applied.'^7
These Are Issues Of Religious Edicts
Here there are two more points which should be mentioned. The first is
that the issues mentioned up to this point were all referred to within
the contents of the verses and the traditions. Perhaps no further
questions would occur to a person up to this point, but these are some
of the issues which have occurred to me. Since this is a matter of an
edict, everyone must note that I have mentioned my own point of view and
referred to these proofs because of their necessity but the issue is one
which must be followed according to the Divine Law. The second point is
that edicts exist which are comparable to the ones mentioned that
include the religious edicts of the great ulama but these are the edicts
of the minority, not the majority.
For instance, Shaykh Tusi gave such an edict as well as Shaykh Hedayat
and Shaykh Ansari. All three are among the most learned Shi'ite
scholars. The others mention these reasons like Ayatullah Hakim in
Mustamsak but when it comes to issuing a religious edict they hold back.
The actions of Muslims, to this point, have been opposed to these views
so the religious jurisprudent moves beyond the issue.
Muslim Custom
This itself is an issue that the customs and habits of Muslims oppose
something which is clear from the verses of Quran and the traditions.
The customs of the Muslims are not something which can be easily put
aside. There is a need for an analysis as to what it is.
If we assume that Muslims have acquired a custom from the beginning of
Islam whereby it is discovered to be from the customs of the Holy
Prophet and the Imams, it should be preserved. However, a custom of the
people is not proof in itself except when it is discovered to be among
the customs of the Holy Prophet. Then it becomes proof and must be
observed.
For instance, take the beard. Some people say that the real proof for
it is that men from the time of the Holy Prophet and later all had
beards. Thus, we rely upon this.
Now note what they answer. If someone had said that it is forbidden to
grow a beard we would have said that people in the past, according to
custom, have a beard and this existed from the time of the Holy Prophet.
Thus, it was not forbidden to have a beard. If it had been forbidden, it
could not have become the custom. But the question then arises whether
growing a beard is obligatory or recommended. We assume the possibility
that it is a part of custom which is, at least, recommended or
unspecified. Custom only dictates when there is a lack of respect
involved. Therefore, it is either obligatory or recommended.
A thought has occurred to me here which is a historical social point
and most often the reason why the religious authorities become fixed
here is because they do not attend to the social issue. The modest dress
did not exist among the pre-Islamic Arabs. Islam brought the covering of
the head, neck, and chest, etc. and the forbidding of looking with lust.
But a part of that which Islam brought existed in non-Arab areas. It was
a very strong influence in Iran, in particular, among the Jews and
people were influenced by their way of thinking.
Islam did not make it obligatory to uncover the face. It said it is
obligatory to cover the hair, not to display the face. Clearly, those
nations which came to accept Islam were following their own customs
because Islamic precepts did not say it was obligatory to display the
face, except in the harem. Nor did they say it was forbidden to cover
the face. It gave a choice. It left it up to the various nations to
practice their own customs of the modest dress if they so desired.
History shows that non-Arabs felt it was obligatory to cover the face.
Thus, this custom of covering the face, as we find it now, is not a
custom of the Holy Prophet and the Imams.
Another point which is very sensitive and should also be considered,
relates to caution. Every religious jurisprudent speaks this way out of
caution. They all know that these two things exist, one in a woman and
one in a man. That which exists within a woman is the desire to show
herself off, it is a part of her nature. That which exist within man is
an inclination towards looking, not just looking but flirting and
receiving pleasure from it.
Both of these exist. Will Durant says that there is nothing in the world
more firm and more persevering that a man's desire to look at a woman.
It exists no matter how much it is restrained and it is referred to in
the traditions. It is because of this that a religious jurisprudent does
not find the courage, in spite of the fact that all of these reasons and
proofs exist, to issue a religious edict. They say caution should not be
put aside. The caution relates to human nature itself.
This brings up another issue. Some people follow a philosophy and that
philosophy is that in those areas which are ruled by customs, whatever
one does not say to the people is better. It is better not to say it
than to say it.
I may have mentioned that I once received a letter in praise of the
book I wrote called Stories of Good People. The ritual prayer leader in
Khuzistan read the book. He said that he looked up all of the stories.
Although not one idea was changed and they had been presented in a very
readable, pleasant style, he had two criticisms. The first criticism
related to a story about the blessed Fatimah and Ali, peace be upon
them.
Their work had been divided so that Imam Ali did the work outside of the house and she, the work within the house, a division which the Holy Prophet had made at the very beginning of their marriage. When Imam Ali was home, he helped her within the house and when he was not at home, she did the work outside the house as well.
One day she was covered from head to toe in soot from having started the
fire and because there was no flowing water in Madinah, it had to be
carried from the wells, often at some distance away, the pressure
applied by the straps of her water bag remained on her body because of
all the water she had carried to her house. This man said that even
though this story was true and was part of the traditions, I should not
have mentioned it because it could be misused.
I do not deny the general principle that if telling the truth will
cause the people to deviate; it should not be said because the reason
for telling the truth, in the first place, is to guide the people, not
to turn others away from it. Of course, the Holy Quran tells us,
"Those who conceal the clear (Signs) that we have sent down and the
Guidance after We have shown them clearly in the Book ... on them shall
be God's curse and the curse of those entitled to curse ..."(2:159)
The tone of this verse is very strong. There are very few verses in the
Holy Quran where such a strong and angry tone is found. At the same
time, I believe the purpose to be that people should not conceal the
truth because of their own interests but to conceal the truth because of
the truth itself under very limited, temporary and definite conditions
so that it is not misused and does not fall under this verse. In other
words, it is forbidden to lie but it is not always obligatory to speak
the truth. That is, there are occasions when one must remain silent.
I am of the belief that this kind of prudence, when it is based upon
the real issue of the truth, has no problem but, when it is based on
individual, personal or group interests, it is a different story. Now
the point is whether or not it is prudent thinking not to issue a
religious edict about buying or selling a radio or that it is not
obligatory for a woman to cover her face and hands. Is it a correct kind
of thinking? Is it intelligible? Does it produce the correct result or
not? Will some women who cover their face and hands then uncover their
face and hands and finally their whole form by saying this truth? Or is
the opposite true?
That is, many men and women think that the bases of the religious
viewpoint is that the face of a woman should not show for when the face
shows, there will be no stopping the rest. On the other hand, the
covering of the face is impractical and, from the point of view of
logic, it is indefensible. No reasoning or deduction can be given for it
being so. Therefore, they will then completely uncover themselves.
Some sociologists believe that the cause for the extremity in women's
dress and their lack of modesty is because of the erroneous belief that
society had about the modest dress. Yet the error was that the truth was
not spoken! If it had been expressed just as the Islamic precepts
express it, things would never have reached this point. It is here that
one should refer to the proverb, "being, more Catholic than the Pope,"
or "jumping from the frying pan into the fire."
The Holy Quran says in Surah Hujarat,
"O believers, advance not beyond God and His Messenger " (29:1).
What is meant by 'advance' is a point beyond which God and His Prophet
said one needed to go, thereby, 'advancing beyond God and His
Messenger'.
Imam Ali, peace be upon him, said, "God has given limits. Do not
aggress beyond them. That is, he has specified the forbidden, do not
disobey. He has specified the obligatory and the precepts; do not shun
them and as to the things for which He remained silent about neither
forbidden nor obligatory it was not because He forgot them but rather He
wanted you to be free in regard to them. Therefore, do not restrict
yourself there and make something your duty in the name of God's
religion and God."
The Holy Prophet said in a tradition recorded in Jama'al-Saghir, "Just
as God dislikes that which He prohibited, people should obey and He
likes them to do what is allowed; whatever is without any problem should
be considered to be such and they should not forbid anything which God
has not forbidden..."
This tradition has also been recorded as the following, "God loves
people who allow whatever He has allowed and prohibit whatever He has
prohibited."
Perhaps I am mistaken. As I have mentioned, in areas covered by
religious edicts, each person must follow the edicts of their own
mujtahid.
But, in regard to that which is mentioned as prudent thinking and
saying it is not advisable to mention something even though it is the
truth, I disagree with this prudent thinking. I believe it is advisable
to express the truth and that which is advisable is to counteract the
concept that women today express, "The modest dress is impractical." We
must prove to them that the Islamic modest dress is logical and
practical.
Secondly, we must make efforts to establish cultural, social, and
health activities, particular to women, and resist the mixed activities
which are imitated from Europe. It is only in this way that women will
rediscover their real personality and the possibility that they will no
longer be a tool, a toy and a means to men's lust in the name of freedom
and equality.
The Religious Edicts on These Issues
We have seen through these lessons that according to the precise and
moderate precepts of Islam, in regard to the relations of a man and a
woman based upon the reliable sources and practices of the Holy Prophet
and pure Imams, it is documented that it is not obligatory to cover the
face and hands as well as the fact that they strengthen the
permissibility for men or women to look at each other upon the condition
that it is not for lust (unless they are husband and wife) nor fear of
deviation. Now we will briefly refer to the edicts of the religious
jurisprudents because it is important to know how they have interpreted
this issue from the beginning of Islam to the present.[^8]
To begin with, what is the opinion of religious jurisprudents as to the
covering of the face and hands and secondly, what edicts have they
issued in regard to looking?
As to the fact that it is not obligatory to cover the face and hands,
there appears to be no difference of opinion among all of the religious
jurisprudents, Shi’ite or Sunni. There was only one Sunni who disagreed.
He was Abu Bakr ibn 'Abd al-Rahman ibn Hisham and it is not clear if his
opinion related solely to the ritual prayer or if it included those
people who were not mahram, as well.
There is no difference of opinion as to the face but some differences
have appeared with regard to the hands to the wrist and the feet to the
ankles as to whether or not they are included among the exceptions.
Before mentioning what they have said, two points should be noted.
First, the issue of covering is dealt with in two places in
jurisprudence.
One is in relation to the fact that it is obligatory in the ritual
prayer for women to cover all of their body, whether or not a non-mahram
is present. Here the question arises whether or not the face and hands
must also be covered . The second place the issue is discussed is in
relation to marriage and to what extent a suitor has the right to look
at the woman he may decide to seek permission to marry. Here, there is
most often a general discussion about covering and the permissibility or
impermissibility of looking.
Thus, from the point of view of jurisprudence, we have two kinds of
covering. One is the covering which is obligatory for the ritual prayer
which has certain rules such as the clothes worn must be ritually pure,
not usurped, etc. The other is the covering which is obligatory, other
than for the ritual prayer, before men with whom a woman is not mahram
and which does not have the special requirements of the covering for the
ritual prayer. As we will later point out, there appears to be no
difference as far as extent of covering before a mahram.
The second point to be noted is that the religious jurisprudents employ
a term which refers to the body other than the face and two hands. This
term is ‘aurah’, ‘exposed' or 'bare' or 'naked'. It is possible that
this term appears unattractive to some people in the sense that
nakedness may be considered to be unattractive. We then ask if a woman's
body, other than her face and hands, be something which is considered to
be ugly or unattractive from the point of view of Islamic
jurisprudence?
The answer is that the word aurah in no way refers to something ugly or
unattractive. In the first place, not every ugly or undesirable act is
referred to as aurah and the opposite is also true. The word aurah is
often used in reference to something which has nothing to do with
ugliness.
In the Holy Quran, the word is used in verse 33:12, "Truly our
houses are open "(exposed, vulnerable, aurah) ,by which excuse they
hoped to be exempt from fighting. It is clear that no ugliness is
referred to in relation to their houses. In verse 24:59, which will be
referred to, three times are mentioned where even a mahram needs to seek
permission to enter an area of another's privacy (except a husband or
wife) and these are called the time of "three aurah".
In the Majma' al-Bayan the author, who is incomparable among the
commentators in his ability to cleave apart the meanings of words in
reference to the use of the word aurah in verse 33:14 says, "aurah
refers to anything which can easily be harmed which one is concerned
about like the borders or frontiers of a country or something related to
a war. A bare or exposed or naked place or house is a house which is
vulnerable and easily harmed."[^9]
Thus, it becomes clear that the word is not used by the religious
jurisprudents to abase or weaken. The body of a woman is referred to as
vulnerable because it is like a house which contains no walls and can be
easily harmed and must be covered by some kind of an enclosure.
Now let us look at what the edicts say. Allamah in Tazkirat ul fuqaha'
wrote, "The totality of woman's body is aurah (vulnerable) other than
her face." All of the ulama in the various cities confirm this other
than Abu Bakr ibn Abd al-Rahman Hisham who believes all of the body of a
woman is vulnerable. His opinion is in the minority.
In the opinion of Shi'ite ulama, the two hands up to the wrist are like
the face and are not considered vulnerable (aurah). Malik ibn Anis
Shafe'i, Uwaz'i and Sugyan Thawri agree with the Shi'ite ulama because
ibn Abbas had recorded from the Holy Prophet who said, "The face and two
hands are included in the exception." But, according to the view of
Ahmad Hanbal and Dawoud Zahiri, the two hands must be covered. The words
recorded by ibn 'Abbas are sufficient to disregard this opinion.
Allamah refers to the two feet saying, "As can be seen, the religious
jurisprudents refer to Surah Nur for the covering required for the
ritual prayer yet it does not refer to the ritual prayer. That which
must be covered in the ritual prayer is that which must be covered
before a non-rnahram and if there is a difference of opinion, it is
about whether or not more areas need to be covered for the ritual
prayer. But, as to the fact that which is not obligatory to cover in the
ritual prayers is the same as that which is not obligatory to cover with
a non-mahram, there is no difference of opinion."[^10]
Ibn Rushd, the famous Andulusian religious jurisprudent, physician and
philosopher wrote, "It is the opinion of the majority of ulama that the
body of a woman, other than her face and two hands, is vulnerable,
aurah. Ahmad Hanifah believes that the two feet are also not included.
Abu Bakr Abd al-Rahman Hisham believes that the total body of woman is
aurah without any exceptions.
Shaykh Jawad Mughniyah wrote in his book al-Fiqh ala Mazahib
al-khamsah, "All of the Islamic ulama agree that it is obligatory for
men and women to cover that part of the body for the ritual prayer which
they cover outside of the ritual prayer. The difference arises as to how
much needs to be covered. The question in regard to women is whether or
not it is obligatory for her to cover her face and hands to the extent
necessary for the ritual prayer and the question in regard to men is if
it is obligatory for them to cover more than the navel to the knee."
Then he says, "According to Imamiyah Shi'ite ulama, it is obligatory for
women to cover that much in the ritual prayers which she covers before
non-mahram other than during the ritual prayer."
What is strange is that some contemporary ulama have thought that the
view of the ulama in the past was that it was obligatory to cover the
face and this is wrong.
As to the permissibility of looking, Allamah wrote, "A man looking at a
woman or a woman looking at a man is either necessary (like the look of
a suitor) or not. If there is no necessity, it is not permissible to
look at more than the face and hands and if there is fear of deviating,
this much is also not permissible. If there is no fear of deviating,
according to Shaykh Tusi, there is nothing to prevent it but it is
disapproved. The majority of the Shafe'i believe the same but some
believe that it is forbidden to look at the face and hands."
In regard to looking at the face and hands, there are basically three
opinions. First, the opinion that it is absolutely forbidden according
to Allamah and a few other people including the author of the Jawahir.
Second, it is permissible to look once and what is forbidden is repeated
looking. Muhaqiq in Sharae', Shahid Awwal in Lum'ah and Allamah in his
other books hold this view. Third, it is absolutely permissible
according to Shaykh Tusi, Kulayni, the author of Hada'iq, Shaykh Ansari,
Naraqi in Mustamad and Shahid Thani in Masalik. Shahid Thani dismisses
the reasoning of the Shafe'i which Allamah had accepted but he says at
the end, "There is no doubt that caution should prevail."
The above were the views of the past jurisprudents. Most contemporary
jurisprudents do not refer directly to these two issues and, most often,
cover it over by means of 'caution'. But among the contemporary
jurisprudents, Ayatullah Hakim in his recital Minhaj al-Salihin,[^11] in
the section on marriage, gives a direct edict in which he states the
face and hands are an exception. "It is permissible to look at a person
one intends to marry as well as dhimmah women as long as there is no
lust in the glance including women whom one cannot prevent from not
covering and women who areb rnahram. It is forbidden to look at any
other woman, other than their face and two hands to the wrist, and that
only if there is no lust involved."
[^1]: Wasail, vol. 3, p. 25.
[^2]: Ibid., vol. 3, p. 29.
[^3]: Ibid., vol. 3, p. 29.
[^4]: Ibid., vol. 3, p. 26.
[^5]: There is clearly a difference between laws made by people or a law‑making body and God's Laws. If a person wants to follow the laws of a country, one can play a bit with them. "The law is such and such and I did not do that." But when it comes to God's Law there is a difference and one's intention is known.
[^6]: Ayatullah Sayyid Muhammad Kazim Tabatabaie Yazdi, Urwatul Wusqa, Section on Marriage, Chapter One, Issue 39.
[^8]: The last section of this lesson was added later by Murtadha Mutahhari and is not on the tapes but because of the importance of the issues referred to, it has been translated and appears here.
[^9]: Majma'al‑Bayan, Commentary upon the Quran, 33:14.
[^10]: Bidayat al Mujtahid, vol.1, p.111.
[^11]: Minhaj al‑Salahin, 9th edition, issue 3.