Question
The Muftis I have named below, claim to have qualifications of a Mufti but their Fatawaa is watering down the basic concepts of Deen. Please look into the fatwa they have issued and bring the Ummah back onto to the real spirit of Imaan. Jazaakumullahu khayr!
Mf. Zeshan Ahmed
Senior Assistant Mufti, Darul Iftaa Chicago
Mf. Abrar Mirza
Head Mufti, Darul Iftaa Chicago
The question posed to them, “What is the ruling on wearing niqāb in Western countries like America, especially in current times? Also is there any leniency when interacting with one’s husband’s family (his brother, uncles, cousins, etc.)?”
Their Answer:
“Islam places great emphasis on modesty. The Prophet ﷺ taught that modesty is a branch of faith. Modesty is not limited to clothing but is a holistic principle governing all aspects of conduct—be it in dress, behavior, or interaction with others.
Regarding your question, when it comes to the clothing of Muslim women, the Quran and Sunna provide foundational guidelines, and scholars have elaborated on these in the books of fiqh. “
Further the Muftis state:
Obligatory Covering in Front of Non-Maḥram Men
There is ijmāʿ (consensus) among the scholars that a Muslim woman must cover her ʿawra when in the presence of non-maḥram (marriageable) men. This includes her hair, neck, torso, arms, and legs. This ruling is agreed upon and forms the basis of modest dress in Islam.
Our Response: The Muftis seem to lack any foundational guidelines of Fiqh forget the solving of intricate “Western” issues.
Analysis:
The first problem is the question was asked about Niqaab not clothing not about awrah, did we not just read the question, “What is the ruling on wearing niqāb…..”
Their answer on modesty was to give some legitimacy to the illegitimacy they would devise in the next block.
Quickly you notice the sly shift to the question of Niqaab to that of clothing and awrah in general! The answer could have been given in one sentence.
Did they not reply, “Regarding your question, when it comes to the clothing of Muslim women” but Sir Mufti Saheb. What is the need to give a long write up and snatch the possible future Taqwa that the questioner wants to inculcate.
People do this so they change the Shariah according their whims and desires. This is a case that is serious in the court of Allah Ta’alaa! Allah Ta’alaa alone is the Shaari (The designer of the Shariah). Not even Rasulullah Sallallahu ‘alaihi wa Sallam is the Shaari!
Allah Ta’alaa says in Surah at-Tahrim, verse one:
“O Nabi, why do you make something unlawful which Allah has made lawful for you”
Every basic Aalim forget Mufti knows sources of Fiqh consist of two categories, the primary sources and the secondary sources.
The primary sources are two:
1. Quraan Shareef
2. Ahaadith Mubaarakah
The secondary sources are two:
3. Ijmaa (consensus)
4. Qiyaas (logic and reasoning by legit Fuqahaa not every Tom.)
Initially they testify to the primary sources. They have mentioned clearly,
“the Quran and Sunna provide foundational guidelines, and scholars have elaborated on these in the books of fiqh”,
The question raised to them by the sincere seeker if one recalls was, “What is the ruling on wearing niqāb in Western countries like America, especially in current times? Also is there any leniency when interacting with one’s husband’s family (his brother, uncles, cousins, etc.)?”
Still our question to them is why did you jump to clothes in general? Then the second question is why do you eliminate the first two primary sources and jump to ijmaa and even in the ijmaa presented, there needs to be some real unveiling of their trending motives.
What does Quraan Shareef say regarding the mothers of this Ummah?
وَ قَرْنَ فِیْ بُیُوْتِكُنَّ
“And remain glued to your homes”
Surah Al-Ahzaab, Verse 33
This is the primary level of pardah and the Mufti supposed to inculcate this in them not drive them to Western demands. That is why the Ummah is failing because we are trying to fit in Western culture. Is not Islam supposed to teach humanity the modesty contained as the ‘devious Fatwa’ commenced with?
The Non Muslim Westerners supposed to be affected by the pure Islamic culture. Yet we are not speaking of non Muslims here. The question was based on the “husbands family (his brother, uncles, cousins, etc.)?”
The crooked will say, but this Hukam on the verse quoted above was for the wives of Rasulullah Sallallahu ‘alaihi wa Sallam.
Our question to them, if the Hukam was given to them and they are to set the precedent for all females to be born yet they are pure and should still strive for higher levels of purity in the noble era of Sahaabah Radhiyallahu anhums direct interaction with Rasulullah Sallahu Alaihi wa Sallam then what do you say about these evil times we living in.
On the ground: gynecologists operating in classy hospitals are complaining about the Muslims from reputable families where they are getting patients who were impregnated by their own paternal uncles? Yes, we are not even speaking about the husbands family, we speaking about the father’s brothers who is a Mahram for his niece.
Who was Sayyiduna Umar Radhiyallahu Anhu?
Rasulullah Sallallahu ‘alaihi wa Sallam said:
“ لَوْ كَانَ بَعْدِي نَبِيٌّ لَكَانَ عُمَرَ بْنَ الْخَطَّابِ” ”
“If there was to have a Prophet after me, it would have been ‘Umar bin Al-Khattab.” Tirmidhi 3686
What was Ameerul Mu’mineen’s wish on the land which Allah Ta’alaa sent down revelation from the heavens?
Look at the narration of the next primary source which the Muftis grossly failed to impress upon the questioner mentioned from Saheeh al-Bukhaari 6240 narrated by the mother of this Ummah who possessed the epitome of modesty, Sayyidah Aaishah Radhiyallahu anha narrated:
Sayyiduna Umar Radhiyallahu ‘anhu requested to Rasulullah Sallallahu ‘alaihi wa Sallam:
“Let your wives be veiled”
The Hadith mentions further that the honourable wives of Rasulullah Sallallahu ‘alaihi wa Sallam used to go out to relieve themselves. Now understand well, this was the era when there were no street lights and lighting systems of today.
The Hadith says,
وَكَانَ أَزْوَاجُ النَّبِيِّ صلى الله عليه وسلم يَخْرُجْنَ لَيْلاً إِلَى لَيْلٍ قِبَلَ الْمَنَاصِعِ
“and the wives of Rasulullah Sallallahu ‘alaihi wa Salaam used to exit at night to Al-Manaasi“
Al-Manaasi’ was a place to respond to the call of nature thus it was due to neccessity and ‘night’ adds to the darkness of viewing anybody yet still Sayyidah ‘Aaishah Radhiyallahu anha says in the same Hadith that Umar Radhiyallahu ‘anhu’s wish was focused on such levels of veiling that does not even recognise the length of the purest of women. Sayyiduna Umar Radhiyallahu anhu requested and Allah Ta’alaa sent the revelation regarding Hijaab:
حِرْصًا عَلَى أَنْ يُنْزَلَ الْحِجَابُ. قَالَتْ فَأَنْزَلَ اللَّهُ عَزَّ وَجَلَّ آيَةَ الْحِجَابِ
he (Sayyiduna Umar Radhiyallahu ‘anhu) was anxious for some Divine orders regarding the veil (the veiling of women.) So Allah revealed the Verse of veiling
Sahih al-Bukhari 6240
The question was about Niqaab not about going in circles to hijack taqwa. You know well our mission should be that of submission which is what Hajj is all about. That is why in Ihraam, a male cannot cover the head and the woman ensure the pardah is worn is such a manner, it does not touch face. During this noble journey of Hajj, women exit due to the command of Allah Ta’alaa not due to the demands of Western Satanists and still we have the example mentioned in the Hadith of Abu Dawood, Hadith 1833:
Sayyidah Aa’isha Radhiyallahu Anha narrates: Riders would pass us when we accompanied the Messenger of Allah (ﷺ) while we were in the sacred state (wearing ihram). When they came by us, one of us would let down her outer garment from her head over her face, and when they had passed on, we would uncover our faces.
عَنْ عَائِشَةَ، قَالَتْ كَانَ الرُّكْبَانُ يَمُرُّونَ بِنَا وَنَحْنُ مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم مُحْرِمَاتٌ فَإِذَا حَاذَوْا بِنَا سَدَلَتْ إِحْدَانَا جِلْبَابَهَا مِنْ رَأْسِهَا إِلَى وَجْهِهَا فَإِذَا جَاوَزُونَا كَشَفْنَاهُ
The Mufti is not just saying they must seperate but the wicked nature extends to even lifting the niqaab. These unjust verdicts are just another attempt to water down the Noble Shari’ah. As one will see the twisted nature in this so called Fatwa:
Mufti Zeeshaan says, If one is certain that there is no fear of fitna, and interactions with non-maḥram relatives occur only in a dignified and formal manner in the presence of other family members—without any form of khalwa (seclusion)—then there is scope to not wear the niqāb, especially when interacting with elder relatives, while still maintaining vigilance and observing proper modesty.
Our comment: Scope not to wear the Niqaab in front of the husbands brothers, uncles and cousins? Are they Mahrams (guardians according to the Shariah?)
Read this Hadith then see how much scope there is to discard the Mufti’s misleading fatwa,
Umm Salamah Radhiyallahu ‘anha reported: While we were with the Messenger of Allah, peace and blessings be upon him, Ibn Maktum was given permission to enter. He entered and that was after the command to veil. The Prophet said, “Veil yourselves from him.” I said, “O Messenger of Allah, is he not blind? He cannot see or recognize us.” The Prophet said, “Are you blind such that you cannot see him?”
Source: Sunan al-Tirmidhī 2278
عَنْ أُمّ سَلَمَة قَالَتْ بَيْنَا نَحْنُ عِنْدَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَقْبَلَ ابْنُ أُمِّ مَكْتُومٍ فَدَخَلَ عَلَيْهِ وَذَلِكَ بَعْدَ مَا أُمِرْنَا بِالْحِجَابِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ احْتَجِبَا مِنْهُ فَقُلْتُ يَا رَسُولَ اللَّهِ أَلَيْسَ هُوَ أَعْمَى لَا يُبْصِرُنَا وَلَا يَعْرِفُنَا فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَفَعَمْيَاوَانِ أَنْتُمَا أَلَسْتُمَا تُبْصِرَانِهِ
Further the Mufti seeks to throw the readers into further deviation by making a distinction between ideal situations and non ideal situations. This is exactly what the nafs desires. He says,
“This is also based on practical challenges faced in many households, although if one’s family dynamics facilitate proper separation and feasibility of niqāb, then this is an ideal and should not be left. Nonetheless, in all situations, one must avoid unnecessary conversations and remain cautious of behaviors that may lead to or cross the bounds of Islamic decorum.”
Feasibility of niqaab? Islaam is our only constitution! It is not dependent on the Mufti’s feasibility/possibility/convenience. This is what Hajj teaches us: submission!
In practice, the fatwa advocates that if the facilities do not allow proper separation then the wife does not need to practice pardah with her brother in law? Remember the question included the brother in law?
What did Rasulullah Sallallahu ‘alaihi wa Sallam say regarding the brother in law?
Allah’s Messenger (ﷺ) said, “Beware of entering upon the ladies.” A man from the Ansar said, “Allah’s Apostle! What about Al-Hamu the in-laws of the wife (the brothers of her husband or his nephews etc.)?”
The Prophet (ﷺ) replied: The in-laws of the wife are death itself.
Sahih al-Bukhari 5232
Now look at the feasibility of the Shariah here. If one practices the Shariah then there is no room for Zinaa with the husbands brothers and nephews and Zinaa is that which the Quraan Shareef instructs not to even go close to. If however one ignore this and Allah forbid lustful relations stem due to ignoring the commands of Allah Ta’alaa. You have caused two brothers not to speak for life and the husband would eventually want to kill his own brother for such a major crime!
Islam cuts it from the roots! Practice the Shariah!
