The main errors of those who make the face veil obligatory
1. The interpretation of al-idnaa’ in the verse of Hijab/the Jilbab to mean “covering the face”.
This misinterpretation is contrary to the basic meaning of the word in Arabic which is “to come close”, as is mentioned in authoritative dictionaries like al-Mufradaat by the well-known scholar, ar-Raaghib al-Asbahaanee. However, there is sufficient evidence in the interpretation of the leading commentator on the Quran, Ibn ‘Abbaas, who explained the verse saying, “She should bring the jilbaab/hijab close to her face without covering it.” It should be noted that none of the narrations used as evidence to contradict this interpretation are authentic.
2. The interpretation of jilbaab as “a garment which covers the face.”
Like the previous misinterpretation, this interpretation has no basis linguistically. It is contrary to the interpretation of the leading scholars, past and present, who define the jilbaab as a garment which women drape over their head scarves (khimaar). Even Shaykh at-Tuwaijree himself narrated this interpretation from Ibn Mas‘ood and other Salafee scholars. Al-Baghawee mentioned it as the correct interpretation in his Tafseer (vol. 3, p. 518) saying, “It is the garment which a woman covers herself with worn above the dress (dir ‘) and the headscarf.” Ibn Hazm also said, “The jilbaab in the Arabic language in which the Messenger of Allaah (pbuh) spoke to us is what covers the whole body and not just a part of it.” (vol. 3, p. 217). Al-Qurtubee declared this correct in his Tafseer and Ibn Katheer said, “It is the cloak worn above the headscarf.” (vol. 3, p. 518)
3. The claim that the khimaar (headscarf) covers the head and the face.
In doing so “the face” has been arbitrarily added to its meaning in order to make the verse: “Let them drape their headscarves over their busoms” appear to be in their favor, when, in fact it is not. The word khimaar linguistically means only a head covering. Whenever it is mentioned in general terms, this is what is intended. For example in the hadeeths on wiping (mas-h) on the khimaar and the prophetic statement, “The salaah of a woman past puberty will not be accepted without a khimaar.” This hadeeth confirms the invalidity of their misinterpretation, because not even the extremists themselves – much less the scholars – use it as evidence that the covering of a woman's face in salaah is a condition for its validity. They only use it as proof for covering the head. Furthermore, their interpretation of the verse of the Qawaa‘id “… to remove their clothing” to mean “jilbab”/hijab further confirms it. They hold that it is permissible for old women to appear before marriagealbe males in her headscarf with her face exposed. One of their noteable scholars openly stated that. As for Shaykh at-Tuwaijree, he implied it without actually saying it.
After checking the opinions of the early and later scholars in all the specializations, I found that they unanimously hold that the khimaar is a head covering. I have mentioned the names of more than twenty scholars, among them some of the great Imaams and hadeeth scholars. For example, Abul-Waleed al-Baajee (d. 474 AH) who further added in his explanation, “Nothing should be seen of her besides the circle of her face.”
4. The claim of a consensus (Ijmaa‘) on the face being considered ‘awrah.
Shaykh at-Tuwaijree claimed that scholars unanimously held that the woman's face was ‘awrah and many who have no knowledge, including some Ph.D. holders, have blindly followed him. In fact, it is a false claim, which no one before him has claimed. The books of Hambalite scholars which he learned from, not to mention those of others, contain sufficient proof of its falsehood. I have mentioned many of their statements in Ar-Radd. For example, Ibn Hubayrah al-Hambalee stated in his book, al-Ifsaah, that the face is not considered ‘awrah in the three main schools of Islaamic law and he added, “It is also a narrated position of Imaam Ahmad.” Many Hambalite scholars preferred this narration in their books, like Ibn Qudaamah and others. Ibn Qudaamah in al-Mughnee explained the reason for his preference saying, “Because necessity demands that the face be uncovered for buying and selling, and the hands be uncovered for taking and giving.”
Among the Hambalite scholars, is the great Ibn Muflih al-Hambalee about whom Ibn Qayyim al-Jawziyyah said, “There is no one under the dome of the sky more knowledgeable about the school of Imaam Ahmad than Ibn Muflih.” And his teacher, Ibn Taymiyyah, once told him, “You aren't Ibn Muflih, you are Muflih!”
It is incumbent on me to convey Ibn Muflih’s statements for the readers because of the knowledge and many benefits contained in them. Included in them is further confirmation of the falsehood of Shaykh at-Tuwaijree’s claim and support for the correctness of my position on the issue of uncovering the face. Ibn Muflih stated the following in his valuable work al-Aadaab ash-Shar‘iyyah – which is among the references cited by Shaykh at-Tuwaijree (something which indicates that he is aware of it, but has deliberately hidden these crucial facts from his readers while claiming the contrary):
“Is it correct to chastise marriageable women if they uncover their faces in the street?
The answer depends on whether it is compulsory for women to cover their faces or whether it is compulsory for men to lower their gaze from her. There are two positions on this issue.
* Regarding the hadeeth of Jareer in which he said, “I asked Allaah’s Messenger about the sudden inadvertent glance and he instructed me to look away.” Al-Qaadee ‘Iyaad commented, “The scholars, May Allaah Most High have mercy on them, have said that there is proof in this hadeeth that it is not compulsory for a woman to cover her face in the street. Instead, it is a recommended sunnah for her to do so and it is compulsory for the man to lower his gaze from her at all times, except for a legislated purpose. Shaykh Muhyud-deen an-Nawawee mentioned that without further explanation.”
* Then al-Muflih mentioned Ibn Taymiyyah’s statement which at-Tuwaijree relies on in his book (page 170), while feigning ignorance of the statements of the majority of scholars. Statements like those of al-Qaadee ‘Iyaad and an-Nawawee’s agreement with it.
Then al-Muflih said, “On the basis of that, is chastisement legal? Chastisement is not allowed in issues in where there is a difference of opinion, and the difference has already been mentioned. As regards our opinion and that of a group of Shaafi‘ite scholars and others, looking at a marriageable woman without desire or in a secluded circumstance is permissible. Therefore, chastisement is not proper.”
This answer is in complete agreement with Imaam Ahmad’s statement, “It is not proper that a jurist oblige people to follow his opinion (math-hab).” And this is if the truth were on his side. What of the case where the jurist proudly, dishonestly misleads people and declares other Muslims to be disbelievers as at-Tuwaijree did on page 249 of his book saying,
“… Whoever permits women to expose their faces and uses the proofs of al-Albaanee has flung open the door for women to publicly flaunt their beauty and emboldened them to commit the reprehensible acts done by women who uncover their faces today.” And on page 233 he said, “… and to disbelief in the verses of Allaah.”
Those are his words – May Allaah reform him and guide him. What would he say about Ibn Muflih, an-Nawawee, al-Qaadee ‘Iyaad and other Palestinian scholars, as well as the majority of scholars who preceded them and who are my salaf regarding my opinion on this matter?
1. The interpretation of al-idnaa’ in the verse of Hijab/the Jilbab to mean “covering the face”.
This misinterpretation is contrary to the basic meaning of the word in Arabic which is “to come close”, as is mentioned in authoritative dictionaries like al-Mufradaat by the well-known scholar, ar-Raaghib al-Asbahaanee. However, there is sufficient evidence in the interpretation of the leading commentator on the Quran, Ibn ‘Abbaas, who explained the verse saying, “She should bring the jilbaab/hijab close to her face without covering it.” It should be noted that none of the narrations used as evidence to contradict this interpretation are authentic.
2. The interpretation of jilbaab as “a garment which covers the face.”
Like the previous misinterpretation, this interpretation has no basis linguistically. It is contrary to the interpretation of the leading scholars, past and present, who define the jilbaab as a garment which women drape over their head scarves (khimaar). Even Shaykh at-Tuwaijree himself narrated this interpretation from Ibn Mas‘ood and other Salafee scholars. Al-Baghawee mentioned it as the correct interpretation in his Tafseer (vol. 3, p. 518) saying, “It is the garment which a woman covers herself with worn above the dress (dir ‘) and the headscarf.” Ibn Hazm also said, “The jilbaab in the Arabic language in which the Messenger of Allaah (pbuh) spoke to us is what covers the whole body and not just a part of it.” (vol. 3, p. 217). Al-Qurtubee declared this correct in his Tafseer and Ibn Katheer said, “It is the cloak worn above the headscarf.” (vol. 3, p. 518)
3. The claim that the khimaar (headscarf) covers the head and the face.
In doing so “the face” has been arbitrarily added to its meaning in order to make the verse: “Let them drape their headscarves over their busoms” appear to be in their favor, when, in fact it is not. The word khimaar linguistically means only a head covering. Whenever it is mentioned in general terms, this is what is intended. For example in the hadeeths on wiping (mas-h) on the khimaar and the prophetic statement, “The salaah of a woman past puberty will not be accepted without a khimaar.” This hadeeth confirms the invalidity of their misinterpretation, because not even the extremists themselves – much less the scholars – use it as evidence that the covering of a woman's face in salaah is a condition for its validity. They only use it as proof for covering the head. Furthermore, their interpretation of the verse of the Qawaa‘id “… to remove their clothing” to mean “jilbab”/hijab further confirms it. They hold that it is permissible for old women to appear before marriagealbe males in her headscarf with her face exposed. One of their noteable scholars openly stated that. As for Shaykh at-Tuwaijree, he implied it without actually saying it.
After checking the opinions of the early and later scholars in all the specializations, I found that they unanimously hold that the khimaar is a head covering. I have mentioned the names of more than twenty scholars, among them some of the great Imaams and hadeeth scholars. For example, Abul-Waleed al-Baajee (d. 474 AH) who further added in his explanation, “Nothing should be seen of her besides the circle of her face.”
4. The claim of a consensus (Ijmaa‘) on the face being considered ‘awrah.
Shaykh at-Tuwaijree claimed that scholars unanimously held that the woman's face was ‘awrah and many who have no knowledge, including some Ph.D. holders, have blindly followed him. In fact, it is a false claim, which no one before him has claimed. The books of Hambalite scholars which he learned from, not to mention those of others, contain sufficient proof of its falsehood. I have mentioned many of their statements in Ar-Radd. For example, Ibn Hubayrah al-Hambalee stated in his book, al-Ifsaah, that the face is not considered ‘awrah in the three main schools of Islaamic law and he added, “It is also a narrated position of Imaam Ahmad.” Many Hambalite scholars preferred this narration in their books, like Ibn Qudaamah and others. Ibn Qudaamah in al-Mughnee explained the reason for his preference saying, “Because necessity demands that the face be uncovered for buying and selling, and the hands be uncovered for taking and giving.”
Among the Hambalite scholars, is the great Ibn Muflih al-Hambalee about whom Ibn Qayyim al-Jawziyyah said, “There is no one under the dome of the sky more knowledgeable about the school of Imaam Ahmad than Ibn Muflih.” And his teacher, Ibn Taymiyyah, once told him, “You aren't Ibn Muflih, you are Muflih!”
It is incumbent on me to convey Ibn Muflih’s statements for the readers because of the knowledge and many benefits contained in them. Included in them is further confirmation of the falsehood of Shaykh at-Tuwaijree’s claim and support for the correctness of my position on the issue of uncovering the face. Ibn Muflih stated the following in his valuable work al-Aadaab ash-Shar‘iyyah – which is among the references cited by Shaykh at-Tuwaijree (something which indicates that he is aware of it, but has deliberately hidden these crucial facts from his readers while claiming the contrary):
“Is it correct to chastise marriageable women if they uncover their faces in the street?
The answer depends on whether it is compulsory for women to cover their faces or whether it is compulsory for men to lower their gaze from her. There are two positions on this issue.
* Regarding the hadeeth of Jareer in which he said, “I asked Allaah’s Messenger about the sudden inadvertent glance and he instructed me to look away.” Al-Qaadee ‘Iyaad commented, “The scholars, May Allaah Most High have mercy on them, have said that there is proof in this hadeeth that it is not compulsory for a woman to cover her face in the street. Instead, it is a recommended sunnah for her to do so and it is compulsory for the man to lower his gaze from her at all times, except for a legislated purpose. Shaykh Muhyud-deen an-Nawawee mentioned that without further explanation.”
* Then al-Muflih mentioned Ibn Taymiyyah’s statement which at-Tuwaijree relies on in his book (page 170), while feigning ignorance of the statements of the majority of scholars. Statements like those of al-Qaadee ‘Iyaad and an-Nawawee’s agreement with it.
Then al-Muflih said, “On the basis of that, is chastisement legal? Chastisement is not allowed in issues in where there is a difference of opinion, and the difference has already been mentioned. As regards our opinion and that of a group of Shaafi‘ite scholars and others, looking at a marriageable woman without desire or in a secluded circumstance is permissible. Therefore, chastisement is not proper.”
This answer is in complete agreement with Imaam Ahmad’s statement, “It is not proper that a jurist oblige people to follow his opinion (math-hab).” And this is if the truth were on his side. What of the case where the jurist proudly, dishonestly misleads people and declares other Muslims to be disbelievers as at-Tuwaijree did on page 249 of his book saying,
“… Whoever permits women to expose their faces and uses the proofs of al-Albaanee has flung open the door for women to publicly flaunt their beauty and emboldened them to commit the reprehensible acts done by women who uncover their faces today.” And on page 233 he said, “… and to disbelief in the verses of Allaah.”
Those are his words – May Allaah reform him and guide him. What would he say about Ibn Muflih, an-Nawawee, al-Qaadee ‘Iyaad and other Palestinian scholars, as well as the majority of scholars who preceded them and who are my salaf regarding my opinion on this matter?
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