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The Rules of Modesty
According to Five Islamic Schools of Law
By: 'Allamah Muhammad Jawad Maghniyyah
This issue is one of those from which numerous bylaws are derived,
such as those specifying the parts of one's body that must be covered
('awrah) and the parts of another person's body which it is haram to look
at, those relating to the difference between maharim (relatives through
lineage or marriage with whom marriage is prohibited) and non-maharim
persons in this regard, the difference in this regard due to sameness or
difference of sex, the difference between looking and touching and similar
rules which are discussed below.
1. Looking at One's Own Body: The schools differ concerning
covering of one's 'awrah (private parts) from one's own view and whether
it is haram for one to uncover one's 'awrah in privacy.
The Hanafis and the Hanbalis observe: In the same way that it is
not permissible for a person to expose his 'awrah in the presence of
anyone for whom it is not permissible to look at it, it is not permissible
for him to expose it when alone without necessity, as arises at the time
or bathing or answering the call of nature.
The Malikis and Shafi'is say: It is not unlawful but reprehensible
(makruh) to be bare without necessity.
The Imamis, state: It is neither haram nor makruh when no one else is
looking at.
2. Woman and Her Maharim: The schools differ concerning the parts of the
body a woman must cover in the presence of her maharim (except the
husband) and Muslim women.(6) In other words, what constitutes the 'awrah
of a woman in the presence of Muslim women as well as her maharim, both
through lineage and marriage?
The Hanafis and the Shafi'is say: It is wajib for her to cover the
area between the navel and the knees in their presence.
The Malikis and the Hanbalis observe: She must cover the area
between the navel and the knees in front of women, and in the presence of
her maharim, her whole body except the head and the arms.
Most Imamis state: It is wajib for her to cover her rear and
private parts in the presence of women and her maharim; to cover other
parts as well is better though not wajib, except where there is a fear of
sin.
3. Women and 'stranger': About the extent of the body to be covered by a
woman in the presence of a 'stranger' (any male apart from the mahrim),
the schools concur that it is wajib for her to cover her whole body except
the face and hands (up to the wrists) in accordance with the verse 31 of
Surat al-Nur:
...And reveal not their adornment save such as is outward; and let them
cast their veils over their bosoms (24:31)
considering that 'outward adornment' (al-zeenah) implies the face and
hands. The word 'al-khimar' (whose plural 'khumur' occurs in the verse)
means the veil which covers the head, not the face, and the word 'al-jayb'
(whose plural 'juyub' occurs in the verse) means the chest. The women have
been commanded to put a covering on their heads and to lower it over their
chests. As to verse 59 of Surat 'Ahzab:
'0 Prophet, say to your wives and daughters and the believing women
that they draw their veils close to them..., (33:59)
the word 'al-jilbab' (whose plural jalabib occurs in the verse) means a
veil covering the head; rather it is a shirt or garment.
4. Man's 'Awrah: The schools differ concerning the parts of man's body
which it is haram for others to see and for him to expose. The hanafis and
the Hanbalis state: It is wajib for a male to cover the area between the
navel and the knees before all except his wife. It is permissible for
others, irrespective of their being men or women maharim or strangers, to
look at the rest of his body when there is no fear of sin.
The Malikis and the Shafi'is say: There are two different
situations for a male with respect to the extent he can expose his body:
the first, in the presence of men or those women who are his maharim; the
second, in the presence of women who are not his maharim. In the former
instance he is only supposed to cover the area between the waist and the
knees, while in the latter it is, haram for a woman stranger to look at any
part of a man's body. Though the Malikis exclude the face and the arms if
looked at without any sensual motive, the Shafi'is do not permit any
exception (al-Fiqh 'ala al-madhahib al'arba'ah, vol. mabhath satr
al-'awrah).
The Imamis differentiate between the parts of other person body
which can be looked at and those parts of one's own body which ought to be
covered. They observe: It is wajib for a male to cover only his rear and
private parts, though it is wajib for women who are not his maharim to
abstain from looking at any part of his body except his head and hands (up
to the wrist). To summarize the Imami opinion, it is permissible for a
male to view the body of other men and his female maharim except the rear
and private parts provided no sensual motive is involved. Similarly, a
woman can view the body of other woman and her male maharim excepting the
rear and private parts provided no sensual motive is involved.
5. Children: Concerning the body of a child, the Hanbalis say: It is not
prohibited to touch or look at the body of a child below seven years. It
is not permissible to look at the rear and private parts of a male child
between the age of 7 to 9 years, and for 'strangers' the whole body of a
female child above the age of seven.
The Hanafis observe: No part of the body of a boy of four years
and below is prohibited from being looked at. Above this age only his rear
and private parts are prohibited from being looked at as long as sexual
desire has not awakened in him. If he reaches the age of sexual desire,
the rule applicable to adults will be applicable to him with respect to
both the sexes.
The Malikis state: It is permissible for a woman to look at and
touch the body of a boy below the age of eight years, and only look at it
till the age of twelve. A boy above the age of twelve is considered
similar to an adult. It is permissible for a man to look at and touch the
body of girl below two years and eight months, and to look at, though not
touch, till she reaches the age of four years.
According to the Shafi'is, the rules applicable to an adult apply
to an adolescent male child. But if a child is below that age and is also
incapable of describing what he sees, all parts of his body can be looked
at. But if he can describe what he sees with a sexual interest, he will be
considered similar to an adult. As to a girl below the age of adolescence,
only if she has developed sexual appeal will she be considered similar to
a full-grown woman, not otherwise, though it will be haram for anyone
except someone who looks after her to look at her parts.
The Imamiyyah observe: It is wajib to cover one's 'awrah in
front of a child of discriminating age, who can describe what he sees,
though it is not wajib before the one who is incapable of doing so.
That was regarding the covering of the body in the presence
of a child, but with respect to looking at a child's 'awrah,
al-Shaykh Ja'far in his book Kashf al-ghita' states: It is not unwise to
abstain from looking at the parts of a child below five years, though it
is absolutely impermissible to look at them with a sexual interest.
From what I have been able to ascertain from the traditions of the
Ahlul Bayt, the age limit for the permissibility of looking at the
child's 'awrah is six years, not five.
6. Woman's Voice: All the schools concur that listening to the voice of a
woman is not prohibited, except where pleasure is involved or when there is
a fear of sin. The (Imami) author of al-Jawahir, at the beginning of the
chapter on marriage, has mentioned as his proof the continuing practice of
Muslims belonging to different periods and regions, the sermons of Fatimah
(AS) and her daughters, the innumerable instances of conversations of the
wives of the Prophet (PBUH) and the Imams, and also the holding of mourning
and wedding ceremonies by women in the presence of men from early times,
the conversations between opposite sexes while conducting transactions, as
well as the Qur'anic verse (Be not complaisant (attractive) with your
speech, 33:32), in which not speech itself but its complaisant manner has
been prohibited.
8. The difference Between Looking and Touching: Every part that is
permissible to touch, may be looked at, and every part that is haram to be
looked at may not be touched. Here there is a general consent among the
schools because touching involves greater pleasure than looking, and no
leggiest of any school claims concomitance between the permissibility of
looking and the permissibility of touching. Hence though it is permissible
for a man to look at a female stranger's face or bands, it is not
permissible for him to touch her except in an emergency such as for
medical treatment or for rescuing her from drowning. The following
tradition has been narrated from al-'Imam al-Sadiq (AS) (Al-'Imam al-Sadiq
[A] was asked:) "Can a man shake hands with a woman who is not his
mahrim?" The Imam (A) replied: "No, unless there is cloth in between.."
The Hanafis exclude shaking hands with an old woman from
prohibition. In the book of Ibn 'Abidin (v1, p284) it is stated: It
is not permissible to touch the hands or face of a young woman even with
the assurance of absence of any sexual motive. As to an old woman who has
no sexual appeal, there is nothing wrong in shaking hands with her with
the assurance of absence of a sexual motive.
The Imamis and the Hanafis allow touching the body mahrim provided
no sexual motive or pleasure is involved.
The Shafi'is prohibit touching even those parts of a mahram's body which
it is permissible to look at. It is even not permissible in their opinion
for a person to touch the belly or back of his mother, pinch her ankles
or beet or kiss her face. Similarly, it is not permissible for a person
to ask his daughter or sister to press his legs.
9. The Difference Between Exposing and Looking at: The Imamis observe:
There is no concomitance between the permissibility of exposing the body
and the permissibility of looking at it. Hence it is permissible in their
opinion for a man to expose the whole of his body except his rear and
private parts, while it is not permissible for a non-mahram woman to look
at it. I have not found anyone expressing this opinion in the numerous
books of the four Sunni schools.
10. Old Women: God Almighty says in the Qur'an: "And such women as are
past child-bearing and have no hope of marriage, it is no sin for them if
they put off their clothes, so be it that they flaunt no ornament; but to
abstain is better for them, and God is All-hearing, All- knowing." (24:60)
This noble verse indicates that it is permissible for old women
who have no desire for marriage due to their old age "to expose their face
and a part of their hair and arms, and such other parts which aged women
usually keep exposed. The traditions of the Ahlul Bayt (AS) also point to
the same, on condition that such exposure is not with the intent of
display. Rather, it is to allow them to come out for fulfilling their
needs, though it is better for them to keep themselves covered."(7)
This permission is with the assumption that it is not permissible
to expose any of the above-mentioned parts of the body if there is fear of
its leading to something haram, because a woman, regardless of her elderly
age, may remain sexually attractive. Therefore, if there is any likelihood
of that kind, the rule applicable to her will be the rule applicable to
young women.
Islam is lenient with respect to elderly women and strict regarding
young women. But in practice we observe the opposite of what the
Qur'an has ordered. We see shamelessness and display of charms among
some young women, while elderly women keep themselves covered and are
reserved. So where God is strict, they are lenient, and where
He is lenient, they are strict.
________________
The Numbers that follow some of the words
refer to notes that will appended in the coming issues in shaa Allah.
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