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Majd Ali Abbas

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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 oflooking
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
regardingyoung 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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