Dhu al- Qi'dah 1434 AH corresponding to September 2013 CE

Question:

As-Salaamu Alaikum Wa Rahmatullah Wa Barakaatuhu Dear Sir,

Is it permissible for a woman to pray in trousers in her home or in a public place? The second question: Is it permissible for a woman to pray and to leave the house with a wig and what is the Hukm (ruling) of this for the woman?

Answer:

Wa Alaikumu Salaam wa Rahmatullahi wa Barakaatuhu,

a. It is not permissible for the woman to leave (her house) and enter into the Hayaat ‘Aammah (public life) unless she is in the Shar'i clothing that achieves three aspects:

The covering of the ‘Awrah, no Tabbaruj and the Jilbab.

So it is not sufficient to cover the ‘Awrah when going out, rather the Jilbaab must be worn over the normal clothing, and she must not be Mutabarrijah where Tabarruj means the adornment (Zeenah) that attracts attention. So the wearing of trousers covers the ‘Awrah however it is Tabarruj if a Jilbaab is not over it. And the wig covers the hair however it is considered as Tabarruj because it attracts attention. Therefore it is not permitted to wear the wig in an explicit manner in the public life (Hayaat ‘Aammah) even if a Jilbaab was worn unless a Khimar (veil) that covers the wig completely is worn over it and no sign of it is left to be seen. This is because the Zeenah (adornment) even if covered is considered as Tabarruj if it attracts attention. This is like what He (swt) said in relation to the Tahreem (prohibition) of the sound of the anklets that are worn on a woman's leg underneath her dress. When her foot strikes the ground, the sound of the bangles is emitted that indicates their presence. Therefore it is Tabarruj and even if it is covered because the emitting of a sound is what attracts attention:

((وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِنْ زِينَتِهِنَّ))

"And let them not stamp their feet to make known what they conceal of their adornment." [An-Nur: 31]

b. As for the prayer of the woman inside her home then it is stipulated that her ‘Awrah is to be covered and it is not a condition for her to wear the Jilbab.

As for her going out to the Masjid or the open space of the ‘Eid prayer, then indeed it is obligatory for her to wear clothing that achieves three aspects:

Clothing that covers the ‘Awrah, clothing that contains no Tabarruj and the Jilbab.

Therefore her prayer outside her home needs to meet the three aforementioned requirements. As such it is not permissible for her to pray outside her home in a place like the Masjid for example, if she is wearing trousers or a wig because trousers and the wig fall under the category of Tabarruj i.e. the Zeenah (adornment) which attracts attention even if it covers that which is underneath them. Therefore her prayer in them is not Saheeh (valid) and she is sinful for simply leaving her home and entering the public life without the Shar'i dress which includes the three previously mentioned aspects.

Your Brother,

Ata Bin Khalil Abu Al-Rashtah

The link to the answer from the Ameer's Facebook page:

The public follows in astonishment the depraved level of most of the political class, those ruling or those aiming to rule in the Constituent Assembly and elsewhere... They (except for those who Allah (swt) has blessed) have reached in arrogance, degradation and vulgarity what makes them undeserving

Question:

Assalaamu Alaikum wa Rahmatullah,

Please clarify the extent of the ‘Awrah that a woman can reveal to a woman with its Shari' Daleel (evidence) and a complete clarification of the Mas'alah (issue) and an explanation of the angle of deduction for those who say that the ‘Awrah is that which lies between the naval and the knee in addition to the angle of deduction for those who state that it is the places of Zeenah (adornment) like the ‘Awrah of a woman in relation to her Mahaarim (non-marriageable relatives).

Answer:

Wa Alaikumu as-Salaam Wa Rahmatullahi Wa Baarakatuhu,

In regards to the ‘Awrah of a woman in relation to a woman there are two Fiqhi opinions that carry an angle of deduction (Istidlaal).

First: That the ‘Awrah of a woman to a woman is like the ‘Awrah of a man in relation to (another) man i.e. between the navel and the knee and this is the opinion of some of the ‘Ulemah.

Second: That the ‘Awrah of the woman in relation to a woman is all of her body except for the places which the woman usually adorns herself,  i.e. the exception of the head which is the area for the tiara, the face which is the area of Kohl, the neck and chest which is the area of the necklace and the ears which are the area of earrings, the upper arm which is the place of the arm bangle (armlet) and the lower arm which is also the place of bangles and bracelets, the hand because it is the place of the ring, the lower leg which is the place of ankle bracelets and the feet which is the place of nail polish (or mehndi etc...).

Other than this, i.e. other than the usual areas of Zeenah (adornment) are considered ‘Awrah in relation to the woman i.e. that it is not only that which is between the naval and the knee.

The Daleel (evidence) for this is the speech of Allah (swt):

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آَبَائِهِنَّ أَوْ آَبَاءِ بُعُولَتِهِنَّ أَوْ أَبْنَائِهِنَّ أَوْ أَبْنَاءِ بُعُولَتِهِنَّ أَوْ إِخْوَانِهِنَّ أَوْ بَنِي إِخْوَانِهِنَّ أَوْ بَنِي أَخَوَاتِهِنَّ أَوْ نِسَائِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ أَوِ التَّابِعِينَ غَيْرِ أُولِي الْإِرْبَةِ مِنَ الرِّجَالِ أَوِ الطِّفْلِ الَّذِينَ لَمْ يَظْهَرُوا عَلَى عَوْرَاتِ النِّسَاءِ

"And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women." [An-Nur 31]

Therefore these are all permitted to be seen from the woman:  the hair and neck of the woman and the places of her bangles, bracelets and necklaces and all other parts of the body in which it has been confirmed to be a place of adornment because Allah (swt) said:

((وَلَا يُبْدِينَ زِينَتَهُنّ َ))

"And do not expose their adornment"

i.e. the place of their adornment.

The Aayah mentioned the Maaharim (non-marriageable relatives) and also mentioned the women and therefore it is permitted for women to look at each other's places of Zeenah (Adornment). As for other than these places of Zeenah of the woman, then they are considered as ‘Awrah in front of another woman.

This is what we find to be the preponderant opinion in accordance to the Daleel (evidence) and we say the preponderant (Raajih) because there are those who have viewed the ‘Awrah of the women in relation to another woman as being the same to the ‘Awrah of a man in relation to another man i.e. between the naval and knee.

Your brother,

Ata Bin Khalil Abu Al-Rashtah

The link to the answer from the Ameer's Facebook Page: