Tuesday, December 1, 2009

Awra outside prayer {in front of non-Mahram males}

The Awra in front of non-Mahram males (those with whom marriage is unlawful), which includes cousin brother, brother in-law, paternal uncle (one’s father’s sister’s husband), maternal uncle (one’s mother’s sister’s husband), husband’s uncle, husband’s nephew, etc) consists of the whole body except the face, hands and feet. It is similar to that which is considered Awra in prayer (salat).
Imam al-Marghinani (Allah have mercy on him) states:
“It is impermissible for a man to look at the whole body of a non-Mahram woman (due to it being part of Awra, m) except for her face and hands, for Allah Most High says: “Women must not display their beauty and ornaments except what appear thereof” (al-Nur, 31). Sayyiduna Ali and Sayyiduna Ibn Abbas (Allah be pleased with them) interpreted this verse with the face and hands... This is textual evidence on the impermissibility of looking at her feet (for it is awra, m), but Imam Abu Hanifa (Allah have mercy on him) said that it is permitted to look at her feet due to need”. (al-Hidaya, 4/458).
Imam al-Tumurtashi (Allah have mercy on him) states in Tanwir al-Absar:
“A woman’s Awra consists of her whole body except her face, hands and feet. However, she will be prevented from exposing her face in amongst men due to the fear of temptation (fitna)”.
Therefore, a woman’s Awra in front of non-Mahram men is her whole body except her face, hands and feet.
It must be remarked here that there is a difference between Awra and Niqab or Hijab. Due to the failure of distinguishing between the two, many people become victims of misinterpreting Islamic law in one way or another.
The face according to the scholars is not part of the Awra, yet, as we have seen in the text of Imam al-Tumurtashi, it will be necessary to cover it due to the fear of temptation and incitement. Ibn Abidin states: “(A young woman will be prevented from exposing her face), not because it is part of Awra, rather (for the fear of temptation)”. (Radd al-Muhtar, 1/406)
Thus, our discussion is solely regarding Awra, and not Hijab or Niqab. As far as the decisive ruling with regards to the covering of the face or otherwise is concerned, we leave that for another time.
It is also worth mentioning here that although the Fatwa position in the Hanafi Madhab is that the feet are not included within the Awra, but there is another strong opinion (within the madhhab and according to other Madhabs, such as the Shafi’is), that they are part of Awra, and must be covered. As such, legally, one will not be sinful for exposing them, but it would be advisable as a precautionary measure to cover them.
Moreover, (according to the Fatwa opinion), it is only allowed to uncover the feet up to the ankles. Anything above the ankles is from the Awra without a doubt. Many women wear veils, Burqas and Jilbabs that normally cover the ankles, but reveal the leg area above this while walking (especially in the wind, sitting and coming out of a car, etc), thus they commit the sin of exposing What is considered Awra according to all.
Therefore, we need to emphasise the importance of covering the feet. Covering the feet is just as important as covering the face if not more, for the face is not considered part of Awra, whilst, there is a strong opinion in the Hanafi Madhhab (and the Fatwa opinion in the other madhhabs) that the feet are.
Those who strongly call for and emphasise the necessity of covering the face (not that I object to them) must also realise that the feet are just of the same importance. At times, all the emphasis is laid upon the face, whilst the woman is seen to expose the area above the ankle while walking and there is no realisation that a sin is being committed.

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