①

A Note On The Ruling On Islamic Ḥijāb According To The Four Imāms [Al-Ṭarīfī]


❝ From the mistakes ⌜on this topic⌝ is attributing the three Imāms — Abū Hanīfah, Mālik and Al-Shāfi’ī — of permitting a woman to reveal her face. (In those statement) the three Imāms did not mention uncovering the face in itself, rather they talked about its requirement connected to a ruling: such as in prayer, in iḥrām and in ⌜the case of⌝ ẓihar. So they (who attribute the Imāms falsely) take a text out of its context, giving it a new meaning.

The quotes that are erroneously attributed to Abū Hanīfah, Mālik, and al-Shāfi’ī regarding a woman uncovering her face are not (totally) forged, but they are ⌜originally⌝ the sayings of the Jurists from ⌜the schools of⌝ Shāfi’iyyah, Mālikiyyah, and Ḥanafiyyah — not the Imāms themselves.

The Shāfi'ī jurist, Al-Mūzi'ī said: “The Imāms like Mālik, Al-Shāfi'ī and Abū Ḥanīfah, did not talk ⌜on this topic⌝ except regarding the 'awrah⁽¹⁾ during prayers.”

I (i.e. Al-Ṭarīfī) have read the general books of Mālik, Al-Shāfi’ī, and Abū Ḥanīfah and their juristic matters (masāil), and I have not seen an explicit statement by them that permits uncovering the face. Rather, what is proven is them affirming it. As for their followers then yes (opposing views are found.)

In Al-Umm, Al-Shāfi'ī said: “...If she makes ṭawāf during the day, she is to do it while pulling down her garment over her face.” There by, while it is forbidden for a woman in iḥrām to cover her face, he waives the prohibition because the obligation of ḥijāb is definite.

The three imāms while talking about the prayer, says regarding women: “All of them are ‘awrah, except for her face and hands.” From the partial phrases ⌜used in this topic⌝, this is that which is used the most. Verily this is ⌜regarding⌝ the ḥijāb during the prayer, and not the ḥijāb of woman ⌜in general.⌝

In Al-Mudawwinah, Mālik said: “...⌜while⌝ even others can look at her face...”. Verily this ⌜statement⌝ was regarding the matter of Ẓihar. And its meaning is that: ẓihar does not make her (the wife) forbidden to be seen by those who were allowed before it. Rather her marriage persists, him being allowed to see her, as well as others who were allowed to see her before it.

Attaching the ruling of forbiddance of the niqāb for the woman in iḥrām to the chapter on "the ruling of ḥijāb" is like attaching the forbiddance of pants for the man in iḥrām (to men outside iḥrām). Because these are the prohibitions ⌜specific⌝ to Iḥrām, not the aḥkām (rulings) of ḥijāb and clothing. =

②

The Ṣaḥābiyyāt (female companions) and tābi'iyyāt (followers) used to cover their faces in front of men, even during Ḥajj. ‘Āishah was asked: “How does a woman veil (with head cover) her face?” So she took the end of her veil (khimār) and covered her face with it.” This report is authentic, narrated by Musaddad [bin Musarhad] in his Musnad.⁽²⁾

Imām Mālik waives the obligatory fidyah (penalty), for a woman in iḥrām who covered her face due to the presence of men, and ⌜it is know that⌝ the fidyah is not waived for a permissible act (i.e. not obligatory) ⌜which are done⌝ by choice, because the fidyah is obligatory...” Al-Bayan 13/4

The error in attributing the permissibility of uncovering the face to the three imāms is not in the base of the matter. Al-Mūzi'ī Al-Shāfi'ī said: “I do not think that any of the four imams allowed a young woman to uncover her face without a necessity.”

Al-Mūzi'ī Al-Shāfi'ī said in Aḥkām Al-Qurān: “People have always practiced this, in the past and in modern times, in all (islamic) regions. So they tolerate the old woman in uncovering her face and do not tolerate the young woman, and they see it as 'awrah and (revealing it as) reprehensible. The aspect of combining the two verses (i.e. from his previous explanations) has become clear to you, as well as the error of those who permitted looking at a woman’s face without a necessity. And the predecessors (salaf) and Imāms such as Mālik, Al-Shāfi'ī, Abū Ḥanīfah and others did not talk ⌜on this topic⌝ except regarding the 'awrah pertaining to prayer. Al-Shāfi'ī and Mālik said: “Except for the face and the hands” and I do not think that any of them permitted a young woman to uncover her face without necessity. Nor is a young man allowed to look at her without necessity.” — Aḥkām Al-Qurān (2/1002)

It is inferred from the ḥadīth of the ⌜young woman from the tribe of⌝ Al-Khath‘amiy, that it is permissible to uncover the face. It was authentically reported in the Musnad on the authority of Ibn 'Abbās that her father came to offer her to the Prophet ﷺ for marriage, and revealing ⌜the face⌝ for this is permissible, so Al-Faḍl turned away and stayed...” —Narrated by Abū Ya’lā with an authentic chain of narrators.⁽³⁾

As for the ḥadīth: “When a woman reaches menstruation, it is not correct to reveal from her except her face and her hands.” The ḥadīth was narrated by Khālid bin Durayk from ‘Āishah, and he did not hear (ḥadīth narrations, directly) from her, so it is disconnected... Abū Dāwūd weakened it and Al-Bayhaqī and others.⁽⁴⁾ Then again, it was regarding the clothing of prayer not about ḥijāb.

And in the end: Here are the books of the four Imāms: Mālik, Abū Ḥanīfah, Al-Shāfi'ī, and Aḥmad amidst our hands. There is no text in them that permits the uncovering of a woman’s face. And whoever stops at it, let him benefit ⌜from this summary⌝, and the saying of their students, is not a saying attributing to them. ❞


— ‘Abdul ‘Azīz Al-Ṭarīfī (source)


~ Galandān

--------------------------
[1] That which should be covered as intimate parts.
[2] See, ibn ‘Abdul Barr "Al-Istidhkār" (4/25)
[3] Also, ibn Ḥajar cited it in Fatḥ Al-Bārī (4/80) and he said: “Narrated by Abū Ya'lā, with a strong chain, from the path of Sa‘īd bin Jubayr, from Ibn ‘Abbās from Al-Faḍl bin ‘Abbās.”
[4] See, Abū Dāwūd (4104) and his subsequent comment.