With regards to a woman’s Awra in front of her Mahrams who are non-Muslim, such as a non-Muslim father, brother, son, etc, I could not find an explicit ruling on the issue in the Hanafi School.
However, it seems that non-Muslim Mahrams are similar to other Mahrams in that a woman may expose herself besides from the navel to the knee and the stomach and back, provided there is no fear of temptation (fitna).
There are two reasons for this:
Firstly, the verse of the Qur’an and the statements of the jurists (fuqaha) are general when discussing Mahrams. They don’t distinguish between a non-Muslim and Muslim Mahram. The Qur’an permits a woman to expose herself (to a degree, as explained above) in front of her father, brother, son, etc without specifying that he be a Muslim.
Secondly, the Fuqaha explicitly mention that a Mahram with whom a woman may go on a journey of Hajj includes also a non-Muslim. Imam al-Haskafi (Allah have mercy on him) states:
“A woman may travel for Hajj with her husband or a Mahram, even though if he (Mahram) is a slave or a non-Muslim or (he is considered a Mahram, m) due to breastfeeding. He must have reached puberty and is sane, and a boy who is close to puberty is like the one who has reached puberty, except a fire worshipper and an immoral and corrupt person”.
Allama Ibn Abidin (Allah have mercy on him) explains:
“The reason why travelling with a Mahram who is a fire worshipper is impermissible, is that they (fire worshippers, m) consider marriage with a close relative to be permissible”. (Radd al-Muhtar, 2/464)
Imam al-Kasani (Allah have mercy on him) states:
“A Mahram is one with whom marriage is permanently unlawful… whether this Mahram is a free person or a slave, for slavery is not contrary to the close relationship (mahramiyya), and whether he is a Muslim, a non-Muslim or an atheist (mushrik), for a non-Muslim Mahram normally safeguards her, except that he is a fire worshipper, for he considers marriage with her to be permissible”. (Badai’i al-Sana’i, 2/124).
It is stated in Fath al-Qadir:
“It is permissible for her to travel with all types of Mahrams except a fire worshipper, for he believes marriage with her to be permissible”. (Ibn al-Humam, Fath al-Qadir, 2/422).
In the Shafi’i Madhhab, we have a clear text permitting the uncovering in front of a non-Muslim Mahram. Imam Ibn Hajar al-Haytami (Allah have mercy on him) states:
“It is not permissible to look at what lies between the navel and knee of one’s close relative (mahram); everything else is permissible, provided there is no desire (shahwah), and even if he is a non-Muslim, because the close relationship (mahramiyyah) makes marriage unlawful, so it is as if they were two males or two females”. (Tuhfat al-Muhtaj ala al-Minhaj)
Therefore, it would be permissible for a woman to uncover besides the area between the navel and knees, and the stomach and back in front of her non-Muslim Mahrams, provided two conditions are met:
1)That there be no desire (shahwah) or fear of temptation (fitna), especially when we live in a age where evils such as incest among the non-Muslims is becoming common,
2)That the non-Muslim close relative not be from among those who believe that it is permissible to marry close relatives,
Finally before parting, I would like to mention in relation to our discussion three points.
Firstly, it should be remembered that all the parts of the body that need to be covered (in the various situations discussed above) must be covered with clothing that is loose and opaque. The clothing must not be close-fitting whereby the figure of the body is visible or transparent by which the colour of the body is able to be seen. If this is not taken care of, then it will not be regarded to be sufficient covering of the Awra.
Imam al-Haskafi (Allah have mercy on him) states:
“Clothing that is considered to be sufficient covering is such that, it is not possible to see thorough them”.
Allama Ibn Abidin (Allah have mercy on him) explains:
“(It is not possible to see thorough them), meaning in a way that the colour of the skin can not be visible. This exempts thin and other see-through clothing… However, if the clothing is thick in a way that the colour of the skin is not visible, but it is tight to the body, then this should not prevent the validity of Salat… However, it is still impermissible to see that part of the body”. (See: Radd al-Muhtar ala al-Durr al-Mukhtar, 1/410)
This excerpt of Ibn Abidin explains that if the skin of the body becomes visible in prayer, Salat will become invalid. However, tight clothing would not prevent the validity of prayer, yet it is still necessary not to wear tight-fitting clothing.
Secondly, in all the foregoing occasions where it is permissible to uncover and expose the body, if there is a fear of desire (shahwa) on either side or there is fear of temptation (fitna), then it will be necessary to cover. A woman may make this decision herself in accordance with the surroundings she is in.
Thirdly, it will be permissible to uncover and expose parts of the Awra in cases of extreme need and necessity, such as medication. However, care should be taken that this is limited to only the part that needs treatment. If treatment is needed on the actual private parts, then it would be better to receive treatment from someone of the same sex. However, if this is not possible, then it would be allowed to receive treatment from a specialist of the opposite sex, with taking due care of the injunctions and guidance of Shariah.
Allama Ibn Abidin (may Allah have mercy on him) states:
“It is permissible for a male physician to view the affected area of a woman for the purpose of medication, provided it is minimised to only the area that actually needs treatment, for necessity is restricted to only the actual need. If the private parts need treatment, then a female should carry out the treatment, as seeing someone of the same sex is less of an evil.” (Radd al-Muhtar, 5/261)
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