Why it is Not Haram to Not Wear The Hijab
C.J Ahmed-17.05.2023
Wearing the hijab is not always a must and due to various reasons you can wait without weaing the hijab.
Although generally wearing the hijab was ordered by the prophet (sal), the hijab can be removed due to various reasons under necessity. The hadith of ordering the hijab is as follows,
Narrated by al-Waleed from Sa’eed Ibn Basheer from Qataadah from Khalid Ibn Durayk from ‘Aa’ishah (may Allaah be pleased with her), that Asma’ bint Abi Bakr entered upon the Messenger of Allaah (peace and blessings of Allaah be upon him) wearing a thin dress. The Messenger of Allaah (peace and blessings of Allah be upon him) turned away from her and said, “O Asma’, when a woman reaches the age of puberty, nothing should be seen of her except this and this” – and he pointed to his face and hands.
(Abu Dawud-authenticated by Albani using collaborating reports)
Like all other issues, hijab too can be removed under necessary reasons and the hadiths which supports them are many. Below are of the Quranic verses and hadiths proving it.
"And why should you not eat of that (meat) on which Allaah’s Name has been pronounced
(at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity?”
(6:119)
And
"He has only forbidden you carrion, blood, and swine, and that which has been consecrated to any other than Allah. But who is driven by necessity, neither craving nor transgressing, it is no sin for him. For Allah is Forgiving, Compassionate."
(2:173)
And again
“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment”
(16:106)
The above verses clearly explains that things which are haram becomes halal for a necessity If there is no transgression. There are many hadiths which proves that even major sins are halal when there is a necessity and this is the basic Asl (Principle). This was also the understanding of the Salaf.
"Narrated Anas (rali):
The Prophet (sal) allowed `Abdur-Rahman bin `Auf and Az-Zubair bin Al-`Awwam to wear silk because they were suffering from an itch".
(Sahih Al Bukhari)
Although wearing full silk was haram for men, still it was allowed under necessity as mentioned in the above hadith.
The Prophet (sal) said in a hadith narrated by Ibn Abbas (rali):
"Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."
(Ibn Majah- Graded Sahih by Albani in Sahih Sunan Ibn Majah and narrated by Baihaqi and others and graded Hasan Sahih)
Awrah for a woman in front of a woman
Awrah for women in front of women is only the private parts. A girl who has attained puberty need not cover any other area apart from the private parts. The evidence for this is in the below hadiths.
Narrated AbuSa'id al-Khudri:
The Prophet (sal) said: A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover.
(Abu Dawud-authenticated by Albani)
Abd al-Rahman, the son of Abu Sa'id al-Khudri, reported from his father:
The Messenger of Allah (sal) said: A man should not see the private parts of another man, and a woman should not see the private parts of another woman, and a man should not lie with another man under one covering, and a woman should not lie with another woman under one covering.
( Sahih Muslim)
Some scholars say by using the above hadiths that the awrah of a women is between the naval and the knee but this is not what is mentioned in these hadiths. Its only the private parts that are mentioned. Sheikh Salih Al Uthaymin said:
"With regard to her mahrams what she may uncover is the same as that which she may uncover in front of other women, so she may uncover her head, neck, feet, hands, forearms and calves, etc. But she should not make her clothes short".
(Majmoo’ al-Fataawa, 12/276, 277)
The above fatwa of Imam Uthaymin is only his opinion and there is no evidence from the Quran and the Sunnah to prove that a women cannot wear a short dress in front of other women.
The awrah for a woman in front of mahram men such as father, brother etc.
As for what need to be shown for a women among the mahram men such as her father, brothers etc, Allah says n the Quran
'and not to show off their adornment except only that which is apparent , and to draw their veils all over Juyoobihinna and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their (Muslim) women”
(24:31).
based on the above verse a women can show her adornment to her mahram men. the word Juyubihinna in the above verse means to cover the bossoms.
There is debate on upto which part she can show her body to her mahram. But there is a hadith which clarifies this below.
Narrated by Muawiah ibn Haydah,
" I said : Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied : conceal your private parts except from your wife and from whom your right hand possesses (concubines). I then asked: Apostle of Allah, (what should we do), if the people are assembled together? He replied: If it is within your power then no one will look at it, then you should try that no one can look it. I then asked: Apostle of Allah, if one of us is alone? He replied: Allah is more entitled than people that bashfulness should be shown to him (feel shy more to Allah than to people)."
(Abu Dawud and Tirmidihi and others and authenticated by Albani)
Based on the above hadith t i clear that the awrah for a women or man in front of the mahram is the private parts. Some scholars are of the view that a women may show her neck,hands, head to this category as mentioned in the verse mentioned above and not anything else but there is no sound evidence from the sunnah of our messenger (sal) stating such a thing and what is evident from the authentic hadith is that her private parts is what she should conceal. Another important thing that needs to be mentioned is that slave women need not cover their heads because hijab is only for the free believing women.
Anas (rali) reported: ‘Umar (rali) once saw a slave-girl that belonged to us (to Anas) wearing a scarf, so Umar poked her and told her: ‘Don’t assume the manners of free woman.”
(Musannaf Ibn Abi Shaybah-Graded Sahih by Albani in irwa al ghaleel)
Anas (rali) narrated:
“The slaves of `Umar (rali) used to serve us with their hair uncovered and hitting their breasts.”
(Baihaqi Sunan wal Kubra-authenticated by Albani in al irwa)
Wearing the hijab is not always a must and due to various reasons you can wait without weaing the hijab.
Although generally wearing the hijab was ordered by the prophet (sal), the hijab can be removed due to various reasons under necessity. The hadith of ordering the hijab is as follows,
Narrated by al-Waleed from Sa’eed Ibn Basheer from Qataadah from Khalid Ibn Durayk from ‘Aa’ishah (may Allaah be pleased with her), that Asma’ bint Abi Bakr entered upon the Messenger of Allaah (peace and blessings of Allaah be upon him) wearing a thin dress. The Messenger of Allaah (peace and blessings of Allah be upon him) turned away from her and said, “O Asma’, when a woman reaches the age of puberty, nothing should be seen of her except this and this” – and he pointed to his face and hands.
(Abu Dawud-authenticated by Albani using collaborating reports)
Like all other issues, hijab too can be removed under necessary reasons and the hadiths which supports them are many. Below are of the Quranic verses and hadiths proving it.
"And why should you not eat of that (meat) on which Allaah’s Name has been pronounced
(at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity?”
(6:119)
And
"He has only forbidden you carrion, blood, and swine, and that which has been consecrated to any other than Allah. But who is driven by necessity, neither craving nor transgressing, it is no sin for him. For Allah is Forgiving, Compassionate."
(2:173)
And again
“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment”
(16:106)
The above verses clearly explains that things which are haram becomes halal for a necessity If there is no transgression. There are many hadiths which proves that even major sins are halal when there is a necessity and this is the basic Asl (Principle). This was also the understanding of the Salaf.
"Narrated Anas (rali):
The Prophet (sal) allowed `Abdur-Rahman bin `Auf and Az-Zubair bin Al-`Awwam to wear silk because they were suffering from an itch".
(Sahih Al Bukhari)
Although wearing full silk was haram for men, still it was allowed under necessity as mentioned in the above hadith.
The Prophet (sal) said in a hadith narrated by Ibn Abbas (rali):
"Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."
(Ibn Majah- Graded Sahih by Albani in Sahih Sunan Ibn Majah and narrated by Baihaqi and others and graded Hasan Sahih)
Awrah for a woman in front of a woman
Awrah for women in front of women is only the private parts. A girl who has attained puberty need not cover any other area apart from the private parts. The evidence for this is in the below hadiths.
Narrated AbuSa'id al-Khudri:
The Prophet (sal) said: A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover.
(Abu Dawud-authenticated by Albani)
Abd al-Rahman, the son of Abu Sa'id al-Khudri, reported from his father:
The Messenger of Allah (sal) said: A man should not see the private parts of another man, and a woman should not see the private parts of another woman, and a man should not lie with another man under one covering, and a woman should not lie with another woman under one covering.
( Sahih Muslim)
Some scholars say by using the above hadiths that the awrah of a women is between the naval and the knee but this is not what is mentioned in these hadiths. Its only the private parts that are mentioned. Sheikh Salih Al Uthaymin said:
"With regard to her mahrams what she may uncover is the same as that which she may uncover in front of other women, so she may uncover her head, neck, feet, hands, forearms and calves, etc. But she should not make her clothes short".
(Majmoo’ al-Fataawa, 12/276, 277)
The above fatwa of Imam Uthaymin is only his opinion and there is no evidence from the Quran and the Sunnah to prove that a women cannot wear a short dress in front of other women.
The awrah for a woman in front of mahram men such as father, brother etc.
As for what need to be shown for a women among the mahram men such as her father, brothers etc, Allah says n the Quran
'and not to show off their adornment except only that which is apparent , and to draw their veils all over Juyoobihinna and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their (Muslim) women”
(24:31).
based on the above verse a women can show her adornment to her mahram men. the word Juyubihinna in the above verse means to cover the bossoms.
There is debate on upto which part she can show her body to her mahram. But there is a hadith which clarifies this below.
Narrated by Muawiah ibn Haydah,
" I said : Apostle of Allah, from whom should we conceal our private parts and to whom can we show? He replied : conceal your private parts except from your wife and from whom your right hand possesses (concubines). I then asked: Apostle of Allah, (what should we do), if the people are assembled together? He replied: If it is within your power then no one will look at it, then you should try that no one can look it. I then asked: Apostle of Allah, if one of us is alone? He replied: Allah is more entitled than people that bashfulness should be shown to him (feel shy more to Allah than to people)."
(Abu Dawud and Tirmidihi and others and authenticated by Albani)
Based on the above hadith t i clear that the awrah for a women or man in front of the mahram is the private parts. Some scholars are of the view that a women may show her neck,hands, head to this category as mentioned in the verse mentioned above and not anything else but there is no sound evidence from the sunnah of our messenger (sal) stating such a thing and what is evident from the authentic hadith is that her private parts is what she should conceal. Another important thing that needs to be mentioned is that slave women need not cover their heads because hijab is only for the free believing women.
Anas (rali) reported: ‘Umar (rali) once saw a slave-girl that belonged to us (to Anas) wearing a scarf, so Umar poked her and told her: ‘Don’t assume the manners of free woman.”
(Musannaf Ibn Abi Shaybah-Graded Sahih by Albani in irwa al ghaleel)
Anas (rali) narrated:
“The slaves of `Umar (rali) used to serve us with their hair uncovered and hitting their breasts.”
(Baihaqi Sunan wal Kubra-authenticated by Albani in al irwa)