Women covering their feet in Salah

Question:

1- Is it a requirement that woman has to cover her feet in Salah, or is it just preferred? Please clarify.

2. Is Awrah of a woman different in Salah than in normal case?

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

  1. There are three opinions amongst the Fuqaha (Jurists) with regards to the Juristic position of a woman concealing her feet during Salah. They are as follows:

 

  • The feet of women are not Awrah. Hence, it is not necessary to conceal them during Salah.
  • The feet of women are Awrah. Hence, it is necessary to conceal them during Salah.
  • The feet of women are only Awrah outside of Salah and are not Awrah inside of Salah. Hence, it is not necessary to conceal them during Salah.

The first opinion is the preferred view.[1] Hence, it is not a requirement for the validity of Salah that the feet must be concealed. However, if a female chooses to conceal her feet during Salah as a mode of precaution, she may do so.

 

  1. According to the preferred view, the Awrah of a female inside of Salah and outside of Salah is the same. Although the face of a female is not Awrah, the Fuqaha (Jurists) have ruled it necessary for a female to conceal her face from a Non-Mahram.[2] For a detailed write-up on the issue, kindly see hereunder the research of my respected teacher Mufti Husain Kadodia (Hafidhahullah).

And Allah Ta’āla Knows Best

(Mufti) Abdul Azeem bin Abdur Rahman

 

By Mufti Husain Kadodia

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, Most Merciful.

Our discussion will entail the following:

  1. Introduction
  2. The juristic definition of shahwah(desire)
  3. The Hanafi stance

3.1 Types of gazes and their respective rulings

3.1.1 A gaze accompanied with conviction of no possibility of attraction
3.1.2 A gaze accompanied with doubt of attraction
3.1.3 A gaze accompanied with strong possibility or certainty of attraction

3.2 The obligation of covering the face

  1. Conclusion

___________

  1. Introduction

It is with great sadness that we note confusion in the minds of many students and even some scholars concerning the obligation of the niqab (veil) in the Hanafi madhhab, which expressly classifies covering the face as binding on women and forbids the exposure of the face in the presence of ghayr mahrams (strangers). While there have been dozens of works penned on this issue, we wish to focus on the Hanafi stance due to the abuse it is being subjected to. We ask Allah Most High to grant us the tawfiq (ability) to explain the issue in a manner pleasing to Him.Amin.

  1. The juristic definition of shahwah(desire)

Before commencing the discussion, it would be imperative to understand the definition ofshahwah in the context of looking at a female.

Hanafi jurists differ concerning its definition in the context of hurmat al-musaharah.[1] Some define it as “an inclination and attraction of the heart”, while others stipulate that it must be accompanied by the stirring of the male organ.

It must, however, be noted that this difference is only applicable in the context of hurmat al-musaharah and is not applicable in the context under discussion.

The jurists have clearly stated that the shahwah in the context of gazing at a member of the opposite sex is “an attraction and inclination”; this is regardless of whether the gazing is accompanied with the stirring of the male organ or not.

Al-Quhustani,[2] Al-Tahtawi,[3] Al-Nablusi,[4] ‘Abid al-Sindhi[5] and Ibn ‘Abidin[6] are among those who have expressly clarified this.

  1. The Hanafi stance

Before discussing the stance of the madhhab, it should be borne in mind that the madhhab has tackled this issue from both the man’s perspective as well as that of the woman.

The male perspective is discussed under the rulings of the gaze, while the female perspective is discussed under the issue of covering the face.

We will now discuss each of them separately:

3.1. Types of gazes and their respective rulings

A male’s gaze towards a strange female’s face or hands would fall under one of the following three categories:

3.1.1. A gaze accompanied with conviction of no possibility of attraction

This is the case mentioned in most texts and which has been misunderstood by many. The ruling of the imam’s of the madhhab is clear in that this gaze would be permissible.[7]

However, this has been clearly conditioned with absolute conviction of no possibility of shahwahappearing in the heart towards her.[8]

The early jurists of the madhhab, who lived just after the imams, knew that this scenario was only possible in bygone times when purity and chastity were dominant,[9] and, so, expecting a young man’s gaze at a young woman to be completely free of desire is unfathomable in these times. They thus classified such a gaze to be makruh tahrimi (highly disliked and close to forbidden).[10]

From amongst the luminaries who mentioned this ruling are: Abu ‘l-Layth al-Samarqandi (d.373 AH),[11] Al-Quduri (d. 428 AH),[12] Al-Walwaliji (d. 540 AH),[13] Siraj al-Din al-Awshi (d. 575 AH),[14] Al-Sunnami (d. after 700 AH),[15] ‘Alim ibn al-‘Ala (d. 786 AH),[16] Al-Quhustani (d. 950 AH),[17]Al-Birgivi (d. 981 AH),[18] the authors of Al-Fatawa al-Hindiyyah (completed in 1085 AH),[19] Al-Haskafi (d. 1088 AH),[20] Al-Khadimi (d. 1176 AH),[21] Al-Tahtawi (d. 1231 AH),[22] Ibn ‘Abidin (d. 1252 AH),[23] ‘Abid al-Sindhi (d. 1257 AH)[24] and Al-Maydani (d. 1298 AH).[25]

Also worthy of note is that this ruling has been recorded from none other than the great imamand mujtahid of the madhhab, Imam Abu Yusuf al-Qadi.[26] This ruling is not applicable to old women who have passed the age of being desired, as they have been clearly exempted from these rulings.[27]

Thus, the authoritative position of the madhhab is that while looking at the face of a strange female is not completely forbidden when there exists conviction of no desire at all towards her, it would still be makruh tahrimi.

3.1.2. A gaze accompanied with doubt of attraction

This type of gaze has been classified as haram (forbidden).[28]

3.1.3. A gaze accompanied with strong possibility or certainty of attraction

This gaze is also been forbidden, just as the one before it.[29]

3.2. The obligation of covering the face

While the madhhab has not completely forbidden a male’s gaze towards a female’s face when there exists absolutely no fear of attraction, the woman has no way of knowing whether the gazes directed towards her are free of desire or not, especially when out in public. The Hanafi madhhab has, in accordance with the Qur’an and Sunnah, thus obliged a woman to cover her face in front of strangers.[30]

This ruling is indicated to by Imam Muhammad in his Al-Asl,[31] which forms the basis of the Zahir al-Riwayah of the madhhab. This is the authoritative position of the Hanafi School, as adopted by major Hanafi legal masters over the centuries, such as: Abu Mansur al-Maturidi (d. 333 AH),[32] Hakim al-Shahid (d. 334 AH),[33] Jassas al-Razi (d. 370 AH),[34] Al-Natifi (d. 446 AH),[35] Qadi Khan (d. 592 AH),[36] Al-Marghinani — author of Al-Hidayah (d. 593 AH),[37] Al-Kirmani (d. 600 AH approx.),[38] Mahmud Al-Bukhari — author of al-Muhit (d. 616 AH),[39] Al-Sunnami (d. after 700 AH),[40] Al-Sighnaqi (d. 714 AH),[41] Al-Qurashi (d. 854 AH),[42] Ibn al-Humam (d. 861 AH),[43] Al-Quhustani (d. 950 AH),[44] Ibn Nujaym (d. 970 AH),[45] Sinan al-Khalwati (d. 989 AH),[46] Umar ibn Nujaym (d. 1005 AH),[47] Mulla ‘Ali al-Qari (d. 1014 AH),[48] Al-Shurunbulali (d. 1069 AH),[49] Shaykh Zada (d. 1078 AH),[50] ‘Abd al-Halim (d. 1088 AH),[51] Al-Haskafi (d. 1088 AH),[52]Al-Tahtawi (d. 1231 AH),[53] Ibn ‘Abidin (d. 1252 AH),[54] ‘Abid al-Sindhi (d. 1257 AH),[55] ‘Abd al-Hay al-Laknawi (d. 1304 AH),[56] Al-Sawati (d. 1346 AH),[57] Al-Nahlawi (d. 1350 AH).[58]

  1. Conclusion

We can thus conclude that it is obligatory on a man to lower his gaze from the face of strange women under all circumstances, just as it is binding on a woman to cover her face in the presence of strange men.

Allah Most High knows best.

Husain Kadodia
14 Ramadan 1429 / 14 September 2008
Durban, South Africa

قال إمام الحرمين الجويني (ت 478 هـ): اتفق المسلمون على منع النساء من الخروج سافرات الوجوه

Imam al-Haramayn (d. 478 AH) said:
“There exists consensus of the Muslims on preventing women from emerging with their faces uncovered.”

(Mughni l-Muhtaj 4/203, Tuhfat al-Muhtaj 7/193)

 

 

 

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[1]  (وَلِلْحُرَّةِ) وَلَوْ خُنْثَى (جَمِيعُ بَدَنِهَا) حَتَّى شَعْرُهَا النَّازِلُ فِي الْأَصَحِّ (خَلَا الْوَجْهِ وَالْكَفَّيْنِ) فَظَهْرُ الْكَفِّ عَوْرَةٌ عَلَى الْمَذْهَبِ (وَالْقَدَمَيْنِ) عَلَى الْمُعْتَمَدِ (الدر المختار، ج 1، ص 405-406، سعيد)

 

قال ابن عابدين:

(قَوْلُهُ عَلَى الْمُعْتَمَدِ) أَيْ مِنْ أَقْوَالٍ ثَلَاثَةٍ مُصَحَّحَةٍ، ثَانِيهَا عَوْرَةٌ مُطْلَقًا، ثَالِثهَا عَوْرَةٌ خَارِجَ الصَّلَاةِ لَا فِيهَا. (رد المحتار، ج 1، ص 406، سعيد)

 

[2]  (وَتُمْنَعُ) الْمَرْأَةُ الشَّابَّةُ (مِنْ كَشْفِ الْوَجْهِ بَيْنَ رِجَالٍ) لَا لِأَنَّهُ عَوْرَةٌ بَلْ (لِخَوْفِ الْفِتْنَةِ) (الدر المختار، ج 1، ص 406، سعيد)