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The Matter of Hijab: The Headscarf

By Abdullah bin Hamid Ali

The Meaning of Hijab

Hijab is derived from the trilateral verb `hajaba', which means `man'a'to prevent or inhibit. Imam Fayyumi says, "A screen (satr) is referred to as a `hijab,' because it obstructs the view (mushahada). A chamberlain is referred to as a `hajib', because he prevents (others) from entering. Etymologically, the word hijab is a reference to an object (jism) intervening between two (other) objects. It has also been used with reference to abstractions (ma'ani). It is said: Impotence is a hijab between man and his aim. And sin is a hijab between a person and his Lord.1 Allah says, So when you petition them for some provision, petition them from behind a screen (hijab). (Al-Ahzab: 53) Based upon this we know that the word hijab means `a screen, veil, or obstruction.' It is more general than the word khimar, which we will discuss next.

The Meaning of Khimar

The khimar originates from the trilateral verb `khamara', which means `ghatta'to conceal, hide, or cover up something. As for khimar, Imam Fayyumi says, "The khimar is a garment by which a woman covers up her head, the plural of which is `khumur' as in `kitab' and `kutub.'"2 Allah says, And let them draw their headcoverings (khumur) over their bosoms (juyub) [Nur: 31].

The Meaning of Juyub

The word juyub is the plural of the word jayb. `Jayb' comes from the verb `jaba', which means `to bring forth someone or something.' It also means the same as the verb `jayyaba', which means `to cut out the collar of the shirt.' As for the word `jayb', as a verbal noun it means `a place from whence something is brought out' `or an opening, pocket, or purse,' like the opening of a shirt, the pocket of one's garments, a woman's womb, or purse.3 Imam Fayyumi says, "The jayb of the qamis4 is the opening at the throat area."5 This lets us know that the proper understanding to take from this verse is that juyub means `bosoms', since the jayb is the opening of the shirt near the throat. And the objective of this covering is to avoid the display of a woman's ornaments as will later be discussed. We also know from this that khimar means `head covering.' So the khimar should be long enough to cover up both the woman's head and bosom.

Does a Woman Have to Wear a Khimar?

Some Muslims today claim that a Muslim woman doesn't have to wear a khimar claiming that the Qur'an makes no mention of it or that the reason for the order to wear the khimar was simply to distinguish free believing women
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Fayyumi, Ahmad. Al-Misbah Al-Munir: 67. Al-Maktaba Al-`Asriyya: Sayda Beirut, 1418/1997. Ibid. 96 3 Hava, J.G. Al-Fara'id Al-Durriyya: J.G. Hava, New Delhi: Goodword Books ,2001 4 Qamis is many times translated as just `shirt'. But it is more like a dress or dress-like shirt. 5 Al-Misbah, 64

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from slave women. The concern with this paper is to focus more on the second claim, and to disprove it on the basis of the rules of proper legal interpretation as stipulated by the scholars of Arabic language (lugha), Legal Theory (usul al-fiqh), and Law (fiqh). There are two verses we want to take a look at in tackling this issue. The first is Allah's saying in Sura Al-Nur: 31, And say to the believing women that they are lower their gaze and guard their sexual organs; and that they are not to display their ornaments except for what appears thereof. And let them draw their head coverings over their bosoms. The second is His saying in Sura Al-Ahzab: 59, O Prophet! Say to your wives, your daughters, and the women of the believers that they are to cast their over-garments over them. That is more convenient, that they be recognized, so that they won't be molested. The claim of the faction permitting believing women to abandon hijab and khimar altogether is that the reason Allah ordered them to cover up was to distinguish them from slave women to avoid being harassed as slave women were. They extract this ratio legis (`illa) from Allah's saying, That is more convenient, that they be recognized, so that they won't be molested. And women (it is believed) during the time of the Prophetmay Allah bless and grant him peacewere molested and harassed, because men mistook them for being slave prostitutes. The following points can refute this claim: The verse is a reference to wearing the jilbabover-garment, not the khimarhead covering. So if it had been a ratio legis (`illa) for anything, it would pertain only to the jilbab.6 This kind of ratio legis (illa) does not decisively indicate that the reason for women being ordered to wear their over-garments is to distinguish free women from slave women. Firstly, this is because Allah did not use the article of purpose (lam al-ta'lil) or other expressions clearly indicating justificationto express this understanding. Secondly, Allah did not expressly say that the jilbab should be worn so that free women will be known from those women who are slaves. All He said was that is lesser or more convenient, that they'd be known, so that they won't be molested. This could just as well mean, `that they'd be known as believing women, so that they won't be molested as unbelieving women are.' What further informs us of the fact that the matter of the khimar and the jilbab has nothing to do with believing women being distinguished from slave women is the fact that Allah, after ordering women to draw their head coverings over their bosoms, says, And let them not display their ornaments except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male attendants free of sexual desires, or small children who have no carnal knowledge of women (Nur: 31).7 So if the reason for ordering them to do so was to be identified as freewomen, what reason would Allah have in ordering them to conceal their beauty from all but the above? If an interlocutor was to say, "These are her relatives who know she is not a slave. So, Allah allowed her to abandon the hijab and jilbab in their presence," then my response would be: "Well then, as long as a man knows that the woman is not a slave, she can expose herself to that man." But this is ludicrous, as we know. In addition, it would suggest that Allah lacks wisdom and has wasted His words in revealing the above verse by detailing those in front of whom a woman may display her beauty, when all He had to say was that as long as the man knows that the woman is not a slave, she may expose herself in front of him.

This is so even though our argument is that Muslim women are obligated to also cover the entire body with either an over-garment (jilbab) or something that does the same job as the jilbab as is the agreement of the overwhelming majority of Muslim scholars. 7 This is the translation of Abdullah Yusuf Ali.

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Difficulty "Ok! We concede that the reason for the order was not so that free believing women could be distinguished from slave women. But we still say that the khimar and jilbab are not compulsory for women to wear, because a command in Arabic can have a variety of indications, like that the thing being ordered is merely favorable to do, or even permissible. And we hold that the command in the verse is merely a recommendation. So it cannot be said of one who does not do something that is recommended that it is a sin." Response Yes! An order can have a variety of meanings including those you stated. However, the overwhelming majority of Arabic linguists and legal theorists have clarified thoroughly that the apparent and original indication given by an order (amr) is that the action being ordered is compulsory to do (wujub). And the only time it carries the indication of recommendation, permissibility, intimidation, supplication, prohibition, or any of its other facets is when there is some inherent or extraneous indicator that it cannot be taken as such. As for Imam Shafi'i, there are two different statements reported from him. In one statement, he holds the same view of the majority in that it indicates that the act is compulsory to carry out. And the second view is that the action is recommended. The version accepted by most Shafi'is is this latter statement. Nevertheless, this still has no bearing on the point under discussion, because despite Shafi'i's view, he still holds it to be compulsory for a woman to wear khimar and jilbab in the presence of those who are marriageable, as do all other Imams of our tradition, based on other indicators to that effect. So to contravene this view is to contravene a long well-established scholarly agreement that possibly threatens the very foundation of the person's Islam who claims that it is permissible for Muslim women to abandon the khimar and proper covering. Imam Tahawi says in his Aqida, "And we do not ascribe unbelief to anyone from the People of the Qibla due to a sin as long as he does not declare it to be lawful." What this clearly means is that when a Muslim considers a sin to be permissible, he/she apostatizes from Islam. Of course, that is with the condition that there is unanimous agreement among the qualified scholarship of the Umma that that particular act happens to be a sin, and that it is something the knowledge of which must be known by necessity without distinction between the learned and unlearned.8 Imam Bayjuri says while commenting on some of the words of Shaykh Ibrahim Laqqani's Jawhara al-Tawhid, "The meaning is that whoever has denied a matter known from the proofs of the religion with the semblance of immediateness (darura) in such a manner that the highborn (khawass) of the Muslims as well as the laity (`awamm) know it(things) like the obligation of Salat, Fasting, the impermissibility of illicit sexual intercourse, and the like(then he) will be killed due to his unbelief (kufr), because his denial of that necessitates belying the Prophetmay Allah bless and grant him peace. And his execution is neither a hadd (determined penalty) nor an

Of course, it is important for common Muslims to avoid making blanket accusations of unbelief against other Muslims regarding a number of modern discussions like the hijab in light of the fact that there are legitimate scholars who are informing their views. The laity is always to be shown a level of compassion to which scholars are not entitled due to the confusion brought upon them by the views of those scholars. But only scholars should respond to the errors of other scholars, not laypeople.

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expiation (kaffara) for his sin as in the case of the other determined penalties (hudud) which happen to be expiators for sins."9 He also says, "And equal to one who denies a matter known from the religion by necessity is he who negates a judgment that has been unanimously agreed upon decisively (ijma' qat'i)And the preponderant view is that one does not fall into unbelief unless he negates something unanimously agreed which is known from the religion by necessity." And who is it that does not know until recent arguments that it is a woman's obligation to conceal her hair and other ornaments from those who are not permitted to see her in such a way? Difficulty Ok! We concur that there is a consensus among Sunnis from the past that a woman must conceal her legally defined beauty from certain people. But this consensus is not binding, and is not sufficient to expel one from Islam, because the Shiites don't consider Ijma' (unanimous consensus) to be authoritative or binding. Response Even if we accepted the objections made by Shiites against the authority of Ijma; to be valid, your argument would still not hold any weight because ifon one handthey deny the authority of Ijma on the other handthey don't deny the authority of the Qur'an. For Allah says, And whoever splits with the Messenger after guidance has become plain to him and then follows other than the way of the believers, We'll turn him to what he turned to and enter him into Hell. And how evil a destination! [Nisa: 115]. Notice how Allah made entering Hell a consequence of not just splitting with the Messenger. He made it also a consequence of not following the way of the believers. And the way of the believers has dictated since the inception of Islam up to the present day that women are obliged to observed proper khimar and hijab in the presence of non-family members and those who they have not been permitted to expose themselves to. And this is a matter that even Shiites have also agreed with historically until the present day. So this is the way of the believers for both Sunnis and Shiites. And even if we don't attribute unbelief to the one who deems the sin of not observing proper covering to not be a sin, we still know from the explicit words of the Creator that such a person could potentially enter Hell for not following the way of the believers. How long will they tarry there? Temporarily or forever? I guess time will tell. But would you really want to chance such a thing? If it's temporary, it will be clear that such a person was still a Muslim. And if it is forever, it will be clear that one was a rejecter of faith. And, of course, these same questions can be directed at any Muslim who commits sin but insists that it is lawful to do. May Allah protect us from going astray after guidance has come to us.

Al-Bayjuri, Ibrahim b. Muhammad. Tuhfa Al-Murid Sharh Jawhara Al-Tawhid: Dar Al-Kutub Al-`Ilmiyya 1422/2001, p. 218.

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