Assalaamu `alaykkum. Maa shaa'Allaah interesting thread (about the Niqaab atleast). Since one of the opinion has been shown [that Niqaab is not waajib], I think it is crucial to show the other opinion [that Niqaab is waajib]. Yes, there is a differences of opinion as to whether Niqaab is Mustahabb or Waajib from the scholars of the past and the scholars of the present. So it will only do justice if sisters sincerely (with full ikhlaas) research about both sides of the arguement rather than blindly sticking to one opinion and Allaah knows best. Here is what I have got from my notes about the obligation of Niqaab:
:salam2:
It is also my understanding that the four major Sunni schools of thought (Hanafi, Shafi'i, Maliki and Hanbali) hold that entire body of the woman, except her face and hands, is part of her awrah.
Wa `alaykkum salaam wa rahmatullaah, may Allaah have mercy on you [aameen].
Not all the madhabs hold the view that Niqaab is Mustahabb. Imām Ahmad and Imām ash-Shāfi’ī held that it is wājib (obligatory), while Imām Mālik and Imām Abū Hanīfah qualified this and held the view that it is wājib in times of fitnah (trials, tribulations).
Now, a few important points to note here is that there is ijmā’ (concensus) of the scholars:
• It is wājib in times of fitnah.
• It was wājib upon the Prophet’s wives.
• If a woman is beautiful, then it is wājib.
• The least one can say about it is that it is mustahabb (recommended).
It is also important to note that the madh-hab of the Sahābah in general, is that it is wājib.
Also Al-Ghazzaali, Ibn Hajar al `Asqalaani, An-Nawawi, Ibn Taymiyyah and others quoted that it was the practise of all Muslim women throughout Islaamic history (except the last century) to cover their faces from non-mahram men and there is no clear report to prove otherwise. There are only reports that some slave women used to uncover their faces.
As a side note, whenever a person cites something as evidence, then it must meet two conditions:
1) It is authentic.
2) It has to indicate to the particular ruling.
Now those who say that niqāb is not obligatory bring about some proofs:
The first of these is the hadīth reported in the Sunan of Abū Dāwūd, on the authority of ‘Ā-ishah.
Narrated ‘Ā-ishah, Umm al-Mu’minīn: Asmā’, daughter of Abū Bakr, entered upon the Messenger of Allāh wearing thin clothes. The Messenger of Allāh turned his attention from her. He said: “O Asmā’, when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this”, and he pointed to her face and hands.
This hadīth meets one of the conditions (i.e. it indicates to the ruling that a woman is allowed to uncover her face). With regards to its authenticity, then it has a number of problems with its chain:
• There is Walīd b. al-Muslim who is
mudallis .
• He narrates from Sa’īd b. Bashīr who is classified as weak by many scholars including Imām Ahmad, `Alee ibn al-Madīnī (teacher of Bukhaari), Yahya b. Ma’īn, an-Nasā’ī, Al Haakim, Abu Dawood and others. Furthermore, he was known for narrating munkar reports on Qatādah (remember the chain of this hadeeth has Qataadah in it) as mentioned by Muhammad ibn ‘Abd-Allaah ibn Numayr, Zakariya ibn Yahya As-Saajee. He also mentioned: "His hadeeth is to be rejected and he does not amount to anything" and Ibn Hajar also said something similar.
• He narrates from Qatādah, who was known for a great memory, but would also sometimes do tadlīs.
• Sa’īd b. Bashīr is the only person to narrate from Qatādah, who had many students narrating thousands from him, such as Shu’bah b. al-Hajjāj, Sa’īd b. Abī ‘Arūba, Hammām b. Yahya.
• He narrates from Khālid b. Durayk, who is the only person to narrate on the authority of ‘Ā-ishah, who herself had many students, the likes of ‘Urwah b. Zubayr, Muhammad b. Qāsim.
• Khālid b. Durayk did not hear from ‘Ā-ishah, as mentioned by Abū Dāwūd and Abū Hātim.
• Khālid b. Durayk is not known for reporting narrations – they only amount to roughly five.
Some scholars mention that these are the seven problems which break the narration from its foundations/routes, and it (this hadeeth) was weakened by a number of scholars including Imām Ahmad and Abū Dāwūd. Also majority of the scholars consider its chain to be VERY weak.
The second narration that they use to support their view is that of Ibn `Abbās in Sahῑh Al Bukhāri. The root for the hadῑth is Shu`ayb who narrates from Az-Zuhrῑ who narrates from Sulayman ibn Yassār who narrates from Ibn `Abbās. They quote from this Hadῑth that Ibn `Abbās’s brother al-Fadl was with the Prophet sallAllāhu `alahi wa sallam during the farewell hajj (the Prophet sallAllāhu `alahi wa sallam would stand there and people would come and ask him questions regarding the Hajj). So a lady came to the Prophet sallAllāhu `alahi wa sallam and she came from Al-Khath`ām. Al-Fadl describes her as ‘a radiant lady’. [They cite this as evidence that he looked at her face]
• Only Shu`ayb narrates this addition [that she was radiant and he was amazed by her beauty] from Az-Zuhrῑ, and he has opposed those who are more reliable than him in memory like Imām Mālik who narrates from Az-Zuhrῑ (and the narration is collected by Imām Bukhāri and Muslim), Ibn Jurayj (narrated by Bukhāri and Muslim), `Abdul `Azῑz ibn Salamah (narrated by Bukhāri) and also Shu`ayb himself narrated through another chain in Bukhāri. Thus, some of the scholars mention that this ziyaadah (addition) is shaadh (odd). This is because none of the other narrations (through Mālik, Ibn Jurayj etc.) narrate this addition. All the narrations through different chains (all reported by Bukhāri and Muslim) narrate the same incident, except the narration of Shu`ayb through the first chain, which has this addition.
• However, other scholars who accept this addition, explain this Hadῑth: The lady who came to the Prophet sallAllāhu `alahi wa sallam came to him during the time of Hajj and thus she was in a state of Ihrām. And it is known that a woman in the state of Ihrām should uncover her face and hands (but should cover it with her khimaar or so if there are non-Mahaarim around her, as it was authentically reported on ` Ā’ishah and ‘Asma that they did so during hajj)
• The scholars also explain it as: This hadῑth does not show the approval of the Prophet sallAllāhu `alahi wa sallam, so thus cannot be taken as evidence to uncover the face.
As mentioned before, this hadῑth at the least does not indicate to the specific ruling and thus not fulfilling one of the conditions (in order to take this hadῑth as evidence to uncover the face).
The third narration that is cited as evidence, is that of Jābir. The root is: `Abdul Malik ibn ‘Abi Sulayman who narrates from `Atā, who narrates from Jābir ibn `Abdullaah, who said: “I attended Eid prayers with the Messenger of Allaah (peace and blessings of Allaah be upon him). He started with the prayer before the khutbah, with no adhaan or iqaamah. Then he stood up, leaning on Bilaal, speaking of fear of Allaah (taqwa) and urging us to obey Him. He preached to the people and reminded them. Then he went over to the women and preached to them and reminded them. Then he said, ‘Give in charity, for you are the majority of the fuel of Hell.
A woman with dark cheeks stood up in the midst of the women and said, ‘Why is that, O Messenger of Allaah?’ He said, ‘Because you complain too much and are ungrateful to your husbands.’ Then they started to give their jewellery in charity, throwing their earrings and rings into Bilaal’s cloak.”
(Narrated by Muslim, 885) [This shows that her face was uncovered]
• Some of the scholars mention that `Abdul Malik ibn ‘Abi Sulayman who narrates from `Atā has opposed someone who is more reliable (more authentic) than him and that is Ibn Jurayj who narrates from `Atā (the same person `Abdul Malik narrates from). Regarding this Imām Ahmed said “`Abdul Malik ibn `Abi Sulayman is from the Thiqaat (reliable in memory, character and religion), however he used to oppose Ibn Juraryj. And Ibn Jurayj is more reliable than him in accordance to us (meaning the scholars of Hadῑth)”
• The hadῑth of Ibn Jurayj (who was opposed by `Abdul Malik) was narrated from `Atā who narrated from Jābir, and this, was reported by both Bukhāri and Muslim. In this narration there was no mention of the ‘dark cheeks’.
• As for those scholars who accepted this narration, then some of them explained this hadῑth that this narration was during the time of `Eid (as mentioned in the narration) and this was during 2nd year A.H, whereas the ayah about Hijaab was revealed in the year 5 or 6 A.H.
• And some others explained this hadῑth stating that the woman was an old woman, and that old women (who are not beautiful, do not wish to get married, and do not beautify themselves) have a concession with regards to covering the face.
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As for the Niqāb being wājib, then the narrations are clearly indicating to that particular ruling and are authentic like the narration in Bukhāri [4481- on the authority of ‘Ā’ishah who said,
“When these words were revealed – ‘and to draw their veils all over Juyūbihinna [Soorah Noor: 31]” – the muhaajir women took their izārs (a kind of garment) and tore them from the edges and covered their faces with them.”. Ibn Hajar in his Fathul Bāri explained clearly that they covered their faces.
There is an authentic hadīth in the Sunan of at-Tirmidhi, on the authority of ‘Abdullah b. Mas’ūd, that the Prophet said, “The (entire) woman is ‘awrah.” This was authenticated by Ibn Hibbān, Ibn Khuzaymah, and al-Albāni said its isnād (chain) is sahīh. This narration gives an asl (origin) which is that the woman needs to cover her entire body.
Furthermore, Allāh says, “O Prophet! Tell your wives and daughters and the women of the believers to draw their outer garments closely round themselves.” [Al-Ahzāb (33):59] In this verse, there is an order, and the qā-idah (principle) in usūl of an order is that any order in the Qur’ān and Sunnah alludes to an obligation, if there is no sārif (remover).
And it is collected in Jāmi’ al-Bayān by Ibn Jarīr at-Tabari, that Ibn ‘Abbās explained this verse by mentioning that it means covering the entire face except one eye.
Also from a rational point of view the `aql (intellect) will be able to appreciate the fact that it is indeed Wājib for the women to cover their faces as Shaykh Ibn `Uthaymeen said that if it is an obligation to NOT stamp the feet (because the women wear anklets and the noise draws attention, thus resulting in fitnah) as Allāh says: “And let them not stamp their feet so as to reveal what they hide of their adornment. [Soorah Noor: 31]”, then it is most definitely an obligation to cover the face which if uncovered will cause more fitnah than stamping the feet.
And other people of knowledge mention that if it is waajib to cover the shin (which is less beautiful than the face), then it is waajib to cover the face.
Allaah knows best, most of the points mentioned in my post were taken from the words of my teacher (may Allaah preserve him).
Wassalaamu `alaykkum