Rulings Pertaining to Muslim Women 9960347295, 0044794730

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l j LUJIL j

^ i c u U y u li

Rulings Pertaining to

Muslim Women Written by Dr. Saleh Fauzan Al-Fauzan

Translated by Burhan Loqueman

DARUSSALAM GLOBAL LEADER IN ISLAM IC BOOKS Riyadh • Jeddah • AI-Khobar • Sharjah Lahore • London • H ouston • N ew York

ALL RIGHTS RESERVED ®

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Second Edition: June 2003 © Maktaba Dar-us-Salam, 2002 K ing Fahd N ational L ibrary C ataloging-in-P ublication D ata

Al-Fauzan, Saleh Fauzan Rulings P ertaining to M uslim W om en-Riyadh. 152p„ 14x21 cm. ISBN 9960-347-29-5 I-Faith (faith) 11-Title 243 dc. 4254/21 Legal D eposit no. 4254/21 ISBN 9960-347-29-5

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Tables of Contents Introduction

7

General Laws

9

1. The status o f a woman before the age o f Islaam 2. The status o f women during the age o f Islaam

9 11

3. The desires o f the enemies o f Islaam and their lackeys with regard to stripping the Muslim woman o f her honour and rights 15 Laws Pertaining To The Beautification O f The Body 18 The prohibitions regarding her hair and eyebrows, and the ruling regarding dyeing and tinting the hair. 19 Laws Regarding Menstruation, False Menstruation & Lochia

29

1. Menstruation and laws pertaining to it

29

The age at which a Woman starts menstruating

29

Laws pertaining to the woman in menses

30

Note: R egarding yellow ish and brow nish discharges 34

3

Note: How does a w om an know that her m enstruation has ended? 35 What the w om an must do at the end o f her m enses 36 T he method o f this cleansing (Ghusl): 36 Important N ote 37

Istihaadah (False Menstruation)

38

Sum m ary 41 W hat the w om an afflicted with this type o f bleeding should do w hen she is considered to be in a state o f purity 42

The Laws Regarding Lochia (Nifaas)

43

Rulings pertaining to Nifaas

44

Note A nother N ote The usage o f pills

46 47 47

The Ruling concerning Abortion Laws Pertaining To Dressing & Hijaab

47 52

A descr iption o f the Islaarnic dress o f a Woman

52

The Hijaab

55

Laws Pertaining To The Woman Regarding Her Salaat 60 Laws Pertaining To Women Regarding Funerals 72 Laws Pertaining To Fasting

4

78

Those on whom fa stin g is obligatory N o tes

79 82

Laws Pertaining To Hajj & ‘Umra

85

Rulings specific to women on Hajj

85

N ote

99

Laws Pertaining To Marriage & Divorce

105

Taking the opinion o f a woman about her marriage 111 The condition o f a Wali (Gaurdian) in the Woman's Marriage 114 The ruling concerning beating the D u f (tambourine) by women in order to announce a wedding 115 The woman 's obedience to her husband and the prohibition o f her disobedience to him

116

I f the woman sees that the husband does not want her, but she wishes to remain with him, what can she do to resolve the situation? 120 I f the woman hates the man and she does not wish to remain with him, what could she do? 121 I f the woman asks her husband fo r a divorce without any valid reason , what punishment does she deserve? 122

What the woman must do after the termination o f her marriage 123 The Prohibitions Applicable to the Woman in Her 'Iddah 126 5

1. T h e R uling C o n cern in g M arriage Proposals To Her 126 2. It is haraam for a w om an to contract a marriage with som eone during h e r’ Iddah. 128 Note: T w o im portant facts 128 3. The im perm issible things for a w om an in Tddah after the death o f her husband 130

Laws Which Protect The Nobility & Chastity Of A Woman 133

6

Z'

/

Introduction All praise be to Allaah w ho decreed and guided, and created the pairs, male and female, from a single drop. I bear w itness that there is no god w orthy o f w orship except Allaah, alone w ithout partners in w orship. All praise be to Him firstly and lastly. I bear w itness that M uh am m ad is his servant and m essenger; he w as raised to the heavens and shown the great Signs o f his Lord. M ay the peace and blessings o f Allaah be upon him, his family and co m panions, the virtuous, and the people o f intellect. T he w om an has been given a particular status in Islaam. G reat im portance is attached to her position, and the Prophet, m ay the peace and blessings o f A llaah be upon him used to give special guidance to w om en, and left his guidance for them in his speech at ‘Arafaat. T hese points prove that it is com pulsory to pay special attention to w om en at all times, and in particular today, w hen the M uslim w om an has been singled out for attack, in order to deprive her o f her nobility and status. It is therefore incum bent to warn w om en o f these dangers and explain to them the path o f success. I hope this book will be a pointer to this path, as it contains som e o f the Islaamic laws specific to w om an. The book is a small contribution; a small effort, and I 7

hope that Allaah m akes it beneficial despite its smallness. T he book is the first step on this path after w hich, it is hoped, greater and more expansive steps are taken to achieve what is better. I have divided this w ork into the follow ing sections: 1.C hapter One:

General Laws

2. C h apter Two: Law s B eautification O f The Body

Pertaining

To

The

3. C hap ter Three: Laws R egarding M enstruation, False M enstruation A nd Lochia 4. C h apter Four: And H ijaab

Laws

5. C h ap ter Five: A nd H er Salaat

Laws Pertaining To The W om an

6. C hap ter Six: R egarding Funerals

Law s

Pertaining

Pertaining

To

To

D ressing

W om en

7. C h apter Seven:

Law s Pertaining To Fasting

8. C h apter Eight:

Laws R egarding Hajj A nd Umra

9. C hap ter Nine: Divorce

Laws R egarding M arriage And

10. C hap ter Ten: Law s That Protect The H onour O f The W om an A nd Her C hastity

8

Chapter 1

General Laws I. The status o f a woman before the age o f Islaam T he period before Islaam is know n as the Jaahiliyyah period (literally, the 'P e rio d o f Ign oran ce'), w hich refers to the culture o f all the nations o f the w orld generally, and in particular the culture o f the Arabs. This w as the period w hen m ankind w as in a state o f an interm ission o f Prophethood, and the disappearance o f the w ays o f guidance. As has been related in hadeeth. Allaah looked at the people, and abhorred them, both the Arabs and the non-A rabs am ong them , except for a few rem nants o f the People o f the Book (the Jew s and the Christians). W om en at this tim e generally lived oppressed lives, particularly in A rab society; the birth o f a girl for e xam ple w as an unw elcom e event - to the point w here they used to bury their daughters alive. O thers left them to live oppressed and m iserable lives. This w as as A llaah said;

9

“ A nd w hen new s is brought to one o f them o f (the birth) o f a fem ale (child), his face becom es dark, and he is filled w ith inward grief. He hides h im se lf from his people w ith sham e, because o f the bad new s he has had! Shall he keep her with d ishonour and contem pt or bury her in the dust? C ertainly evil is their d e c is io n " [AlN ahl: 58-59], A nd Allaah the M ost High said:

“ And w hen the female (infant) buried alive is questioned; for w hat crim e she was killed". [Al-Takwir: 8-9] If the girl w as spared the fate o f being buried alive and w as allow ed to live, she lived an oppressed life. O nly m ales used to inherit, and the w om an did not receive a share o f the inheritance o f her relatives, no m atter how rich they were, or how poor and needy she m ight h e rse lf be. In fact, she h e rself was regarded as her h u s b a n d ’s property and w as inherited along with the rest o f his w ealth upon his death!

10

The nu m b er o f w ives a man w as allow ed to have w as not limited, so at tim es m any w om en lived under one husband - w ithout regard for the effect this w ould have on the w om en or the oppression, problem s and pressures placed on the wives.

2. The status o f women during the age o f Islaam W hen Islaam appeared, it rem oved this oppression o f w om en and returned to them their proper status in M ankind. A llaah says:

kO people! Indeed w e created you from a m ale and a fe m a le.’ [Al-Hujurat: 13] So A llaah has stated that the w om an is an equal partner o f the man in term s o f rew ard and punishm ent for their actions. A llaah says:

“ W h o ev er w orks righteousness, w h eth er male or female, w hile he (or she) is true believer, verily to him W e will give a good and pure life (in this world), and

11

W e will bestow on such their rew ard according to the best o f their actions.” [Al-Nahl: 97] And He, the M ost High says:

“ So that Allaah will punish the hypocrites, men and w om en, and the unbelievers, men and w o m e n .” [AlAhzab: 73] Allaah decreed it haraam (illegal) that a w om an be treated as part o f her deceased h u sb an d 's inheritance. He said:

“ O you w ho believe! You are forbidden to inherit w om en against their w ill.” [An-Nisa: 19] So He guaranteed for the w om an her independence and m ade her an inheritor - not som ething to be inherited, and declared her right: a set portion from the inheritance o f her husband and her near relations: He said:

12

“ T here is share for men and a share for w om en from w hat is left by parents and those nearest related, w hether the property be small large, - a determ inate share.” [AnNisa: 7] A nd He also said:

“ Allah co m m an d s you as regards your (c h ild re n ’s) inheritance: to the male a portion equal to that o f two females; if (there are) only daughters, tw o or more, their share is tw o-thirds o f the inheritance; if only one, her share is a half.” [An-Nisa: 11] - to the end o f w hat w as revealed regarding the inheritance o f a w om an, in her position as a mother, a daughter, a sister, or a wife. In the area o f polygam y, Allaah decreed an upper limit o f four wives, and that on the condition that the

13

man deals ju stly with each wife as far as he is capable. Allaah also m ade it obligatory to treat w ives with kindness and equity: Allaah said:

“ A nd live with them on a footing o f kindness and equity.” [An-Nisa: 19] A nd He decreed the bridal money as a right o f the w om an, and ordered that it be paid to her in full, except w hat she may decide to grant out o f a generous heart and her ow n good pleasure: He said:

“A nd give the w om en (on marriage) their bridal money as a free gift; but if they o f their ow n good pleasure remit any part o f it to you, take it and enjoy it without fear o f any h arm .” [An-Nisa: 4] A llaah m ade the w om an a guardian, one w ho orders, one w ho prohibits, within the house o f her husband, and an authority over her children. The Prophet, may the peace and blessings o f A llaah be upon him said: ‘The w om an is guardian (or custodian) in the house o f her husband and she is responsible for her flo ck .’ A nd He m ade it obligatory on the husband to provide for her and cloth her with equity and honour. 14

3. The desires o f the enemies o f Islaam and their lackeys with regard to stripping the Muslim woman o f her honour and rights Today, the enem ies o f Islaam, in fact the enem ies o f M ankind, from a m on g the disbelievers, the hypocrites and those w ho have in their hearts a sickness are infuriated with the nobility, status and protection w hich the M uslim w om an has been granted in Islaam. This is because the enem ies o f Islaam and the hypocrites seek to m ake the w om an an instrum ent o f destruction; a snare by w hich they can entrap those w ho are w eak in their imaan (faith) and those w ho have bodily desires in order that they satisfy their desperate lusts. As A llaah says:

“ But the wish o f those w ho follow their lusts is that you should deviate aw ay (from the Right path), - far, far a w ay .” [An-Nisa: 27] T hose am ong the M uslim s w ho have a sickness in their hearts wish to transform the w om an into a cheap c om m odity in the m arketplace o f the desirous and satanic tem ptations. T hey wish to m ake her a com m odity d isplayed in front o f their eyes so that they can enjoy her beauty and exact from her w hat is far worse.

15

For this reason, they have tried hard to rem ove the w om an from her hom e to jo in the men in the w orkplace, side by side, or to serve men as nurses in hospitals, as hostesses on planes, as teachers or students in mixed classroom s, as actresses in theatres, singers, as presenters in various form s o f media, spreading Fitna (corruption) w ith her voice and her appearance. Licentious m agazines use pictures o f naked young w om en as a m eans to spread and sell their publications. T raders and m anufacturers have also used these images as a m eans to sell their goods, by displaying them in their ad vertisem ents and on their goods. B ecau se o f these dangerous developm ents, the w om an has been rem oved from her original role in the house. As a result, the husband is obligated to find a maid to bring up his children and to run the affairs o f the house. This has in turn caused much fitna, and produced many m ore evils. H ow ever, w e do not prohibit the w om an from w ork ing outside her house provided the follow ing co nditions are met:

♦

She must really need to work, or the society has a d efinite need for her to w ork, if there are no others w h o can undertake her type o f work.

♦

That this work takes second place to her duties in the house, w hich is her original and prim ary role.

16

♦

That her work be involved with women only, such as teachin g w om en, or being a doctor or nurse for w om en, and that she be separated from men.

Also, there is no harm for the w om an to learn w hat she is required to know o f her religion; it is in fact obligatory upon her to do so. There is nothing w ro ng if she is taught with other w om en, and she may attend lessons in the M asjid, and other sim ilar places, as long as she is properly veiled and separated from men, according to the pattern set by the w om en o f the pioneer Islamic society in the w ay they used to w ork, study, and attend the M asjid.

17

Chapter 2

Laws Pertaining To The Beautification O f The Body T he w om an must perform the required actions relating to her fitra (original state o f purity) w hich is specific and appropriate to her as a woman. This includes cutting her nails and taking care o f them. This is because trim m ing the nails is a Sunnah by the c on sen su s o f the scholars o f Islaam, as it is part o f the fitra that has been specified in the hadeeth o f the Prophet, m ay the peace and blessings o f A llaah be upon him. O th er reasons include the hygienic advantages resulting from the removal o f excess nail, coupled with the fact that leaving the nails to grow long is ugly and resem bles the claw s o f beasts o f prey. Dirt collects underneath the nails, and long nails prevent water, used for ablution, from reaching what is underneath them. Som e M uslim w om en, because o f their blind follow ing o f the disbelieving w om en and their ignorance o f the Sunnah, have adopted the practice o f grow ing their nails long. It is also Sunnah for the w om an to rem ove the hair from her arm pits and pubic regions, in accordance with the hadeeth narrated regarding this practice, and in accord an ce with personal hygiene and good appearance. 18

It is better to perform this every week, and it should not be left longer than forty days.

The prohibitions regarding her hair and eyebrows, and the ruling regarding dyeing and tinting the hair. i) The w om an is required to grow her hair long, and it is not perm issible for her to shave her head, except in cases o f extrem e necessity. Shaykh M uh am m ad ibn Ibraheem Aal Shaykh, the M ufti o f Saudi A rabia, may A llaah have m ercy on him, said: And as for the hair of the heads of the women, it is not permissible for it to be shaved, because of the hadeeth related by Nasaa’i in his Sunan with his isnaad (chain of narration) from ‘Ali, may Allah be pleased with him; and al-Bazaar also narrated it with his isnaad in his Musnad from ‘Uthmaan; Ibn Jareer also narrated it with his isnaad from ‘Ikrimah, they said: T h e Messenger of Allaah, may the peace and blessings of Allaah be upon him prohibited the woman from shaving her head. A prohibition from the Prophet, may the peace and blessings of Allaah be upon him indicates that the act prohibited is haraam, provided there is no other proof to indicate otherwise.’ M ulla ‘Ali, m ay Allah be pleased with him Qaari stated in al-M irqah sharh al-Mishkaat:

19

... (concerning) the Prophet, may the peace and blessings of Allaah be upon him’s statement, ‘...that the woman shaves her head...’, this is because the braids of a woman are like the beard of a man in terms of beauty and appearance.1 As for shortening the hair, if there is a need for this to be done o th er than beautification, for exam ple, she is unable to look after it or it becom es very long and difficult for her to manage, then there is no harm for her to trim her hair w ithin the limits o f her need. Som e o f the w ives o f the Prophet, may the peace and blessings o f A llaah be upon him did so after the P ro p h et’s death, may the peace and blessings o f A llaah be upon him, as they had no need to beautify them selves, and thus they did not need to grow their hair long. H ow ever, if the intention in cutting her hair is to imitate the disbelieving or sinful w om en, or to imitate men, then cutting her hair in this case is haraam w ithout any doubt, because o f the prohibition o f im itating the disbelievers in general, and the prohibition o f w om en to imitate men. If the intention is to beautify herself, then there is every reason to say that it is not perm issible. O ur Shaykh, M u h am m ad A m een ash-Shanqeeti, m ay Allaah have m ercy upon him said:

1 M ajm u ' a l-F a ta a w a a sh -S h a vkh M u h a m m a d ibn Ibraheem [2/49],

20

The custom that has become prevalent in many countries, of a woman cutting her hair close to the roots o f her hair, is a western practice -contradictory to the practice of Muslim women and the women of the Arabs before Islaam. Thus, it is among the deviations whose evils have spread among people, in their religion, their behaviour, style and other areas. T hen he explained the hadeeth that, ‘ ...th e w ives o f the Prophet, m ay the peace and blessings o f A llaah be upon him used to cut hair from their heads until they looked like w a f r a . .. The wives o f the Prophet, may the peace and blessings of Allaah be upon him cut their hair after the death of the Prophet, may the peace and blessings of Allaah be upon him because they used to beautify themselves for him during his lifetime -and from their most gorgeous symbols of beauty was their hair. But after his death his wives were given a special ruling unique to them among all the women of the earth -and that was: they were not permitted to marry ever again, they were to abandon the hope of ever marrying again. So they were like the women who are in their Tddah (period of mourning) after the death of the Prophet, may the peace and blessings of Allaah be upon him, up to the time of their death. Allaah says:

2 Wafra. The Arabic name given to the shape of the hair when it is left to reach the top lobe of the ear.

21

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“ And those o f you w ho die and leave behind widows, they (the wid ow s) shall make themselves wait (from

125

getting married after the death o f their husbands) for four months and ten days.” [Al-Baqara: 234] This includes the woma n wh o had had sexual intercourse with her husband and the wo m a n w ho had not, the pre-pubescent woman, and the older w om a n who has stopped menstruating, but does not include the pregnant w om an , because she has been excluded by A ll a a h ’s statement:

“ And for those who are pregnant, their prescribed period is until they deliver their babies.” [Al-Talaq: 4] Taken from al-Hady an-Nabaw'i [594/595] by Ibn Qayyim, authenticated edition.

The Prohibitions Applicable to the Woman in Her Tddah i. T he R uling C on cern ing M arriage Proposals To Her i) In a reversible divorce, it is haraam to propose to the w oman, explicitly or by indication. This is because she is treated as if she is still married; therefore it is not permissible for anyone to propose to her as she is still in the custody o f her husband.

126

ii) In a final divorce, it is haraam to propose to the. wo m a n explicitly, but it is allowed to make an indication as Allaah said:

“ And there is no blame on you if you make a hint o f betrothal or conceal it in yo ur hearts.” [Al-Baqara: 235] A clear or explicit proposal is the one made by clearly expressing the wish to marry the wom an , for example by saying, ’I want to marry y o u . ’ This is because her concern to get re-married again may lead her to inform him that her 'Iddah is over before it is actually over. This is unlike a proposal that is hinted or indicated, because it is not emphatic in displaying the wish to marry her, and therefore does not create this situation. Furthermore the understanding o f the above verse shows this. An exam pl e o f a hint or indication is like saying: ‘I am interested in s om eon e like y o u . ’ It is allowable for the wo m a n in her Mddah after a final divorce to an swe r the hinted proposal with an indication or a hint. But it is not allowable for her to reply to a clear and explicit proposal. Finally, it is not allowable for a w om a n who is in her ‘Iddah after a reversible divorce to a ns w e r any proposal, wh e th er it is explicit or hinted.

127

2. It is haraam for a w om a n to contract a m arriage w ith som eone du rin g h e r ’ Iddah. This is because o f the saying o f Allah, The Most High:

“And do not resolve on the tie o f marriage till the term prescribed is fulfilled.’' [Al-Baqara: 235] Ibn Kath eer stated in his Tafseer [ 1/509]: This means: ‘do not make any contracts for marriage until the ‘Iddah has finished’. There is a consensus am ong the scholars that the contract is not valid if it takes place during the time o f the Iddah.

Note: T w o im portant facts 1. The wo ma n wh o is divorced before the consum mation o f her marriage with her husband does not have an ’Iddah by the statement o f Allaah:

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“ O you wh o believe! When you marry believing women and then divorce them before having sexual 128

intercourse with them, no period o f ’Iddah have you to count in respect o f th e m .” [Al-Ahzab: 49] Ibn K at hee r stated in his Tafseer [5/479]: There is a consensus on this point among the scholars; if a woman is divorced before having intercourse with her husband, she does not have an Tddah and can go and marry as soon as she wishes. 2. If the w o m a n is divorced before having intercourse with the husband, and yet the bridal mo ne y has already been fixed, then she takes h a lf o f it. Any w om a n, w h o is divorced without her bridal m oney being fixed, is entitled to a compen sa tio n o f an appropriate a m ou nt o f clothes or similar things. The w o m a n that is divorced after intercourse with the husband receives the bridal mone y in full. Allaah says:

“ There is no blame on you if you divorce w om e n before c on sum m ation o f marriage, or the fixation o f their bridal money; but bestow on them (a suitable gift), the wealthy according to his means, and the poor according to his means - ” [Al-Baqara: 236] T o His saying: 129

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“And the men and the w om en w ho guard their chastity, and the men and the w om en w ho remember Allaah much (with their hearts and tongues), for them Allaah has prepared forgiveness and a great reward.” [Ai-Ahzab: 35]

He also stated in Adhwaa al Bayaan : ... And lesbianism is the sexual relation that takes place betw een two w om en by the rubbing o f their bodies. This is a terrible sin, with both the w om en involved deservin g a harsh punishment (as a deterrent).

In al-M ughni [8/198]: 134

... And if tw o w om en rub one another sexually, then they are both cursed fornicators, as is proved by the statement o f the Prophet, may the peace and blessings o f Allaah be upon him that he said: ‘If a woman sexually approaches another woman they are both fornicators’, and they both deserve a punishment set by the ruler, as this is a type o f fornication for which there is no prescribed p u n is h m e n t.8

So Mu slim women, particularly the younger women, should be warned against committing this vile sin. As for lowering the gaze, Ibn al-Qayyim said regarding this duty in his book al-Jawaab al-Kaafee [pp. 129-130]: ... Regarding the stray glances, they are the scouts and m essengers o f lust, and guarding against them is the basis o f protection o f chastity. W hoever looks (at a m em ber o f the opposite sex), exp o ses h im s e lf to the sources o f ruin. The

Prophet,

may the peace and

blessings o f Allaah be upon him said: “O ‘Ali, the stray glance should not be follow ed with another glance, as the first one (only) is perm issible for y o u .’ The meaning o f a ‘stray glance' involuntarily,

and

is the glance which takes place not

on

purpose.

In

al-M usnad,

narrated from the Prophet, may the peace and blessings o f Allaah be upon him: ‘The glance is one o f the p oison ed arrows o f Iblees (Shaytaan)’...

8 Ibn Taym iyyah stated in M a jm u ' a l-F a ta a w a (1 5 /3 2 1 ): ‘And in the light o f this, the lesbian w om an is a fornicator, as in the hadeeth, “The fornication o f w o m e n is lesbianism ."’

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... And the glance is the cause o f most o f the troubles which befall a human being, as a stray glance creates a dangerous

impulse,

the

impulse

b ecom es

an

evil

thought; the thought leads to desire; the desire brings about an evil intention, which b eco m es stronger until it b eco m es a powerful urge, thus an action takes place, inevitably, i f there is nothing to prevent it. For this reason it is said: ‘to have patience in lowering ones gaze is easier than bearing the pain which may co m e after...’

So it is upon the Muslim wo ma n to lower and avert her gaze from men, and not look at the provocative pictures which are found in various media, magazines, T V and video, in order to protect herself from evil consequences; for how ma ny times have unguarded glances caused the lover grief and sorrow, and how many a fire have started from a small spark? 2. A not he r means by which a w o m a n ’s chastity can be protected is by avoiding listening to songs, and flutes (i.e. music). Imaam Ibn Qayyim stated in lgaathat alLahfaan [1/242, 238, 264, 265]: A m o n g the tricks o f the Shaytaan by which he d ec e iv e s those w ho have little k now ledge, w isd om or religiousness, and by which he entraps the hearts o f the ignorant and the wrongdoers is listening to whistling, clapping, and music with prohibited instruments which divert the hearts from the Qur‘aan, and makes them devoted to sin and d isobedience, and thus is the ‘quraan’ o f the Shaytaan; a thick barrier from AlRahmaan, and the charm o f hom osexuality and fornication. B y it, the sinful lover gains from his b eloved one the aim o f his desire...

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... As for listening to the woman or effeminate men, this is one of the worst sins and one of the most potent ways in which religion is corrupted... ... And there is no doubt that the conscientious man will prevent his family from listening to music, in the same way he keeps them away from sources of ill repute... He also stated: It is well known among people that if a man finds it difficult to gain the favor of a woman, he tries hard to make her listen to music in order that she may soften towards him. This is because women are very sensitive to sound. If the sound is music, she is aroused in two ways: from the sound itself and from its meaning. He also stated: If these charms were combined with drums, flutes, and effeminite erotic dancing, then the woman, if she were to be ensnared by any music, would be ensnared by this music. By Allaah the Eternal! How many a free woman has been turned into a whore through music... So the M uslim w o m a n should fear Allaah and be w arned o f this dangerous sickness o f character; listening to music which is distributed a m ong the Muslims by many means and in various forms, which has caused m any ignorant girls to try and obtain it from its distributors and exch an ge it with one another. 3. A m o n g the means o f preserving chastity is to prevent the w o m a n from travelling unless she has a mahram to protect her from the desires o f the licentious and the sinful. Authentic hadeeths prohibit the travel o f a 137

w o m a n without a mahram. A m o n g them is the hadeeth narrated by Ibn ‘Umar, may Allaah be pleased with him. He said: ‘The Messen ge r o f Allaah, may the peace and blessings o f Allaah be upon him said: ‘A wo man must not travel for more than three days unless she is accom pa nied by a m a h r a m .’ Agreed upon. Abu S a ‘eed, may Allaah be pleased with him narrated that, ‘The Prophet, may the peace and blessings o f Allaah be upon him prohibited a wo ma n to travel the distance o f two days or two nights unless her husband or a mahram accompa nied he r. ’ Agreed upon. From Abu Hurairah, may Allah be pleased with him, ‘The Prophet, may the peace and blessings o f Allaah be upon him said: “ It is not permissible for a wo ma n to travel the distance o f a day and a night unless she is accompanied by a m a h r a m .’” Agreed upon. The intended meaning in these hadeeths o f ‘three da ys, ’ ‘tw o d a y s, ’ and ‘a day and a night,’ is by the means o f transport that were in use at that time, including travel by foot and on mounted animals. The apparent difference between these hadeeths o f the distance being three days, or two days, or a night and a day, or less, has been answered by the scholars as me ani ng that the wo ma n is prohibited from anything that is considered as ‘trave l’. Imaam N a w a w i [9/103]:

stated

in Shark Saheeh Muslim

... So the conclusion is that for anything considered as a journey, the woman is prohibited from it, unless she is not accom panied by her husband or a mahram, whether

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it is for three days, two days, a day and a night, or other than that, because o f the narration o f Ibn Abbaas, (the m eaning of) which is general, and is the last o f the narrations o f Imaam M uslim which have preceded: ‘The wom an must not travel unless she is accom panied by a mahram.’ This includes anything regarded as travel, and Allaah know s best.

As for those who have issued fatwaas permitting the w o m a n to travel with a group o f wo m e n for an obligatory Hajj, this is not in accordance with the Sunnah, as Imaam al-Khattaabi stated in M a'aalim asSunan [2/276-277] with the Tahtheeb (condensation) o f Ibn al-Qayyim: The Prophet, may the peace and blessings o f Allaah be upon him warned the wom an from travelling unless she had a man as her mahram. Thus, the permissibility o f her leaving to travel for Hajj without the condition set by the Prophet, may the p eace and b lessin gs o f Allaah be upon him is not in accordance with the Sunnah. So, i f her leaving without a mahram is a sin, it is not perm issible for her to begin her Hajj, as it consitutes ob eyin g an order (from Allaah) that will lead to d iso b ey in g Him.

I say, while they themselves have not permitted the w o m a n to travel without a mah ram under all circumstances, instead they only permitted her to travel for an obligatory Hajj alone, as Imaam N a w a w i stated in al-M ajmu ‘ [8/249]: It is (i.e. the w o m a n ’s travel) not perm issible for nonobligatory worship, com m ercial expeditions, or visiting, etc. unless accom panied by a mahram.

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As for those wh o have become careless in this time regarding a wo ma n travelling without a mahram for any types o f travel, not a single scholar whose opinion is acceptable agrees with them. T he y claim that her mah ram will place her in the plane then another mahram will meet her when she arrives and she reaches the country she intends, because the plane, they claim, is a safe place as there are many passengers, both men and w omen. O ur reply to them is: Certainly not, as the plane is even more dangerous than other forms o f transport, because the passengers mix freely and she might sit next to a man. Perhaps the plane will be diverted to another airport and she will not find anyone to receive her and will thus be exposed to danger. What would be the fate o f a wo m a n stranded in a country she d o e s n ’t know, without a m ah ra m? 4. A no th e r means o f protecting chastity is the prohibition o f the seclusion o f a wo m a n with a man who is not her mahram. The Prophet, may the peace and blessings o f Allaah be upon him said: “ W hoeve r believes in Allaah and the Last Day, should not allow h i m s e l f to be alone with a wo ma n who is not acc om pa nie d by a mahram, because the third person present will be the Shaytaan.” It is narrated from ‘Aa mir Ibn R a b e e ’ah, may Allaah be pleased with him that he said: ‘The M es se nge r o f Allaah, may the peace and blessings o f Allaah be upon him said: “ It is not permissible for a man to be alone with a wo m a n who is not permissible for him, for indeed the third person with 140

them will be the Shaytaan, unless the third o f them is a mahram.’” Al-Majd stated in al-Muntaqaa.’ (These two hadeeth were) narrated by Ahmad and is preceded by a hadeeth with the same meaning from Ibn ‘Abbaas, may Allaah be pleased with him which is agreed upon. Imaam Shawkaani stated in Nayl al-Awtaar [6/120]: There is a consensus on the prohibition o f seclusion with a woman as has been quoted by al-Haafidh in alFuth. The reason for the prohibition is what is mentioned in the hadeeth that the third o f them is the Shaytaan, and it is his presence that causes them to sin. And as for having a mahram present, then being with the woman is permissible because the occurrence o f sin is stopped by his presence. S o m e w o m e n a nd th e ir g u a r d i a n s are c a r e l e s s with c er ta in ty p e s o f seclu sion : i) T h e s ec lu s io n o f a w o m a n w ith the rela tiv e o f her h u s b a n d , a nd he r r e v e a li n g h e r face in front o f him. T hi s ty p e o f s ec lu s io n is m o r e d a n g e r o u s than others. T h e P ro phet , m a y the pe a c e a nd b le ss in g s o f A ll a ah be upon him said: ‘ B e w a r e o f e n te r in g the pre s e n c e o f w o m e n . ’ So a m a n fr om the A n s a a r said: ‘O M e s s e n g e r o f Allaah, and w h a t a bout her br oth er -i n -la w ( ‘a l - h a m w u ’) ? ’ He (the Prop het, m a y the peace and blessings o f A llaah be upon him ) said: ‘T h e brothe r- in-la w is d e a t h . ’ Na rra te d by A h m a d , Bukhaari, A t- T ir m id h e e w h o authen tica ted it. He said: ‘the m e a n i n g o f the w ord ‘al h a m w u ’: it is said he is the bro the r o f the husband. It is as i f he disliked her to be alone with h i m . ’ al-Haafidh Ibn Hajar stated in Fath al-Baari [9/331 ]: 141

An-N aw aw i said: ‘The scholars o f Arabic Language have agreed that the ahmaa (plural o f ha mw u) are the relatives o f the husband o f the wo ma n such as his father, uncle, brother, nephew, cousin and others like them. And its mean ing in the context o f the hadeeth is the h u s b a n d ’s male relatives excluding his father and their fathers and his son and their sons, as they are all ma hrams for his wife, and it is permissible for them to be alone with her; these are not described as being d e at h. ’ He said: The custom s o f the people have b ecom e lax; a man may seclude h im s e lf with the wife o f his brother and as he might assume his place after his brother’s death (i.e. he could marry her), he is therefore more deserving to be prohibited.

Shawkaani stated in Nay I al-Awtar [6/122]: His statement, ‘al-hamwu is death,’ means that the danger from him is greater than from others in the same way that the fear o f death is greater than fear o f anything else.

So the Muslim sister should fear Allaah and not become careless in this area, even if the people themselves have become careless. This is because the deciding factor for any situation is the ruling o f the S har i’ah and not the custom o f the people. ii) Some wo m e n and their guardians have become careless or lax by allowing the wo ma n to be alone in a car with the driver wh o is not her mahram, even though

142

this is the type o f seclusion which is prohibited. Shaykh M u h a m m a d ibn Ibraheem Aal As-Shaykh, the Mufti o f Saudi Arabia, stated in M ajm u’ al-Fataawa [10/52]: Now no doubt remains that the entry o f a woman into a car alone with the driver of the car, without a mahram to accompany her, is a blatant evil. It contains many evils that should not be underestimated, even if the woman is a modest young woman or a chaste woman who speaks to men. The man who allows this to happen to the women of his family is weak in his religion, deficient in his manliness, and has little honor with respect to his family. The Prophet, may the peace and blessings of Allaah be upon him said: ‘Never is a man left alone with a woman except that the Shaytaan is the third of them.’ Her travel in a car with a man is wors e then being alone with him in a house, or situations like it. This is because he is able to go with her wher eve r he wishes, inside or outside the country, with or without her approval. This creates many evils muc h worse than simply being secluded with a w o m a n in a house. It is imperative that the male w h o is her ma hra m w ho acc om pa nie s her to prevent this seclusion is an adult. It is not sufficient for a child to be with her. Som e wo m e n think that if a child acc om pa nie s them, then seclusion is prevented, although this is an incorrect view. Imaam N a w a w i stated [9/109]: If a man and a woman seclude themselves without a third person being present, this is haraam by the agreement of the scholars. The same ruling applies if those who are not feared, because of their young age 143

accom panied

her; the state o f the seclusion

being

haraam still remains.

iii) Some wo me n and their guardians have become lax regarding the wo ma n visiting a doctor for treatment. This is a great evil and a great danger, and it is not permissible to allow it to happen and remain silent. Shaykh M u h a m m a d ibn Ibraaheem stated in M ajm u’ alFataawa [10/13]: In any case,

seclusion with a woman

is haraam

Isiaamically, even if the man were a doctor w ho is treating her, from the hadeeth 'N ever is a man left alone with a w om an except that the Shaytaan is the third o f th em .’ So it is imperative that s om e o n e be with her, either her husband or one o f her male guardians. If none are available, then at least one o f her w om en relations, and if there is no one to accompany her from among those mentioned, and her sickness

is dangerous or

severe, and it is not possible to delay it, then at the very least, she should be accom panied by a female nurse or s o m e o n e like her in order to avoid seclusion, which is prohibited.

Also, it is not permissible for a wo m a n to be alone with a doctor, even if she her sel f is a female doctor wh o is a colleague, or a nurse; or a blind teacher with a female student; or an air hostess with a man w h o is not one o f her mahrams. These are areas in which people have be com e lax in the name o f so-called (actually false) ‘ci vilization’ and blind following o f the disbelievers and out o f negligence with the laws o f the Sh a ri ’ah! There is no p ow e r and no strength except with Allaah, the High, the Mighty. 144

It is not allowable for a man to be alone with a maid who is em plo ye d in his house, or for a m a n ’s wife to be alone with a male domestic helper. The problem conce rni ng domestic helpers is a severe one that has afflicted ma ny people today, due to the preoccupation o f w o m e n with studies and work outside the home. This makes it necessary for the believers, both men and w o m e n to be extremely careful, and to take all necessary precautions and not to adopt corrupt customs. Finally, it is prohibited for a wo ma n to shake hands with a man w h o is not her mahram. Shaykh Abdul Azeez Ibn Abdullah Ibn Baaz, the General President o f Iftaa, D a ’wah and Guidance, said in M ajm u' al-Fataawa printed by the Establishment o f a d - D a ’wah alIslaamiyyah as-Sahafiyyah [1/185]: It is not permissible for w om en to shake hands with other than their mahrams at all, whether they are young or old and whether the person she greets is a youth or an old man, as this entails the danger o f Fitna affecting every person involved. It has been authentically reported about the M essen ger o f Allaah, may the peace and blessings o f Allaah be upon him: ‘The hand o f the M essen g er o f Allaah, may the peace and blessings o f Allaah be upon him never touched the hand o f a woman ever. He used to take their pledge o f allegiance by word o f mouth a lo n e .’ There is no difference between whether she shakes his hand with or without a cover because o f the generality o f the proofs, and to prevent the means by which fitna can take place.

Shaykh M u h a m m a d al-Ameen Ash-Shanqeetee, in his Tafseer Adhwaa al-Bayaan , stated [6/602-603]: 145

K now that it is not permissible for a man to shake the hand o f a woman and it is not permissible for any part o f his body to touch any part o f her body. The p roof o f this is that: Firstly, it has been established that the Prophet, may the peace and blessings o f Allaah be upon him said: ‘Indeed, I do not shake the hands o f w o m e n ...’ and Allaah says:

‘You have indeed in the M essenger o f Allaah a perfect exam ple'. So w e are enjoined not to shake the hands o f wom en in ob ed ience and adherence to the Sunnah o f the Prophet, may the peace and blessings o f Allaah be upon him. The hadeeth that we have mentioned has previously been mentioned in Surah al-Hajj regarding the prohibition o f wearing brightly coloured clothes at all times, in Ihraam and outside o f Ihraam for men, and in Surah al-Ahzaab regarding the verse o f the Hijaab. The fact that the Prophet, may the peace and blessings o f Allaah be upon him did not shake the hands o f w om en even at the time o f receiving the oath o f allegiance is a clear pro of that a man should not shake the hand o f a wom an, nor should any part o f his body touch any part o f hers, because the merest form o f physical contact is to shake hands. So if the Prophet, may the peace and blessings o f Allaah be upon him abstained from this physical contact at a time in which it was most appropriate, that is the time o f receiving the pledge o f allegiance, this indicates that it is prohibited. It is not for anyone to go against the Prophet, may the

146

peace and b lessin gs o f Allaah be upon him as he is the one w ho sets laws for this nation (U m m ah ) by his actions, statements, and silent approval. The second point is what we have previously mentioned - that a woman is ‘awrah (a body which is to be cov ered ) com pletely, and that it is obligatory for her to wear Hijaab, and that the order to lower the g aze is due to the danger o f fitna occuring. There is no doubt that a physical contact between two bodies creates a stronger instinct, and a stronger lure towards Fitna than a look by the eyes. Any sensible person knows that. The third point is that this is a means by which gratification is gained from a wom an, due to the lack o f taqwa (fear o f Allah) in these times, the lack o f religious duty, and slackness in avoidance o f dubious acts. W e have been informed many times that som e men kiss their w i v e s ’ sisters, mouth to mouth, and they call this type o f kissing, which is haraam by the consensus o f the 'U lem a a 'form o f greetin g’! Y ou hear them say: ‘Greet her,’ meaning: 'K iss her’. The truth h ow ever, o f which there is no doubt, is to distance o n e s e lf from all forms o f Fitna and doubtful things and their causes. A m o n g the greatest causes o f Fitna is for a man to touch any part o f a wom an. Thus any pretext which leads to actions which are haraam must be stopped.”

To conclude, the believing men and wo m e n should re m e m b e r the guidance o f Allaah to them in His statement:

147

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