By: Dr. Yusuf Al Qardawi, Qatar
The Prohibition of Looking at the ‘Awrah of Others
Looking at the ‘awrah (Awrah of another person must be avoided. The Prophet (peace be on him) forbade that any person should look at the ‘awrah of another, whether of the same or the opposite sex, and whether with or without desire, saying, A man should not look at the ‘awrah of another man, nor a woman of a woman, nor should a man go under one cloth with another man, nor a woman with another woman. (Reported by Muslim, Abu Daoud, and al-Tirmidhi. Scholars have inferred from this that two men, or two women, should not lie under the same covering so that parts of their bodies touch)
The ‘awrah of a man referred to in this hadith is from his navel to his knee, although some scholars, such as Ibn Hazm and some Maliki jurists, do not include the knee. With respect to a man who is not her mahrem, a woman’s ‘awrah is her entire body excepting only her face and hands, while with respect to a mahrem such as her father or brother it is different. This we will discuss later.
What it is haram to look at is also of course haram to touch with the hands or with any other parts of the body.
What we have said concerning the prohibition of looking at or touching the parts of the body which must be covered becomes void in case of need or necessity such as first aid or medical treatment. At the same time, what we have said about the permissibility of looking becomes void in case of lust, as the ways leading to sin must be blocked.
What May Be Seen of the Man or Woman
It is clear from the above discussion that a woman may look at a man’s body, apart from his ‘awrah, which is from the navel to the knee, provided that her looking is free of lust and that no temptation is feared. The Prophet (peace on him) let ‘Aishah watch the Abyssinians while they were engaging in spear play in the t courtyard of the Prophet’s mosque; she watched their performance until she had enough and retired. (Reported by al-Bukhari and Muslim.)
Similarly, a man is permitted to look at a woman’s face and hands, since they are not part of her ‘awrah, provided that the looking is without lust and that no temptation is feared. ‘Aishah narrated that her sister Asma once came to the Prophet (peace be on him) clad in transparent clothes which revealed her body. The Prophet (peace be on him) averted his gaze and told her, ‘Asma, when a woman begins to menstruate, nothing should be seen of her except this and this,’ and he pointed to his face and hands. (Reported by Abu Daoud.)
This hadith is classified as weak, but there are other sound ahadith which support the thesis that only the face and hands may be seen if they can be viewed without temptation.
In summary, the innocent look at what is other than the ‘awrah of a man or a woman is permissible as long as it does not become an intent look or is repeated with perhaps a taint of pleasure and lust. It is the reasonableness of the Islamic Shari’ah that a glance which accidentally falls on something which it is not permissible to see is forgiven. Jarir ibn ‘Abdullah narrated, “I asked the Messenger of Allah (peace be on him) about the unexpected glance. He replied, ‘Avert your eyes,’ meaning, do not look back deliberately.” (Reported by Ahmad, Abu Daoud, Muslim, and al-Tirmidhi.)
The Display of Women’s Adornment: What Is and What Is Not
Thus far we have discussed the subject of the lowering of the gaze, which is commanded for both men and women in the two verses cited. These verses also contain other divine instructions. Says Allah Subhanahu wa Ta’ala: That they should…not display their adornment, except that which is apparent of it. (24:31)
The adornment of women includes both natural features such as the face, hair, and other attractive parts of the body, and artificial enhancement of beauty, such as the dress, ornaments, make-up, and the like. In this noble ayah Allah Ta’ala commands women not to show their adornment “except that which is apparent of it.”
There is some difference of opinion among scholars concerning the extent of this exception. Does it mean what is exposed by necessity and without intention, for example, if the wind exposes some part? Or does it mean what is customarily, or instinctively, or by its very nature exposed?
The majority of the early Muslim jurists accept the latter meaning. Ibn ‘Abbas interprets “except what is apparent of it” to mean kohl and a ring, and Anas has said something similar; the permissibility of showing the face and hands is implicit in the permissibility of showing kohl and a ring. Sa’id ibn Jubayr, ‘Ata and al-Awzai have stated explicitly that the showing of the face and hands is permissible. ‘Aishah, Qatadah, and others have added bracelets to what may be shown of the adornments; this interpretation implies that a part of the arm may also be shown. Various scholars have allowed the exposure of the lower part of the arm up to a length varying between about four inches to one-half of the arm.
On the other hand, others such as ‘Abdullah ibn Mas’ud, have restricted the application of “what is apparent” to what necessarily appears, such as the outer garment (abaya, jilbab, chaddor, burqa, and the like). My own preference lies with that group of the Companions and their immediate followers (This is the preferred opinion of al-Tabari, al-Qurtabi, al-Zamakhshari, al-Razi, and others from among the interpreters of the Qur’an, one may refer to their explanations of this verse of Surah al-Nun) who include the face, the hands, and their ordinary adornments, such as kohl and a ring in the application of the Qur’anic phrase, “except that which is apparent of it.”
This permissibility, however, excludes such cosmetics which women today use for their cheeks, lips and nails. We consider these cosmetics to be excessive, and they must not be used except within a woman’s own home when non-mahrem men are present. The aim of women in using these cosmetics when going out of the house is obviously to attract the attention of men, which is haram. At the same time, however, the interpretation of “what is apparent” as being the outer garment or covering is not acceptable, for this is not something which can possibly be concealed so that an exemption must be made; similarly, what the wind blows cannot be controlled, whether an exemption is made or not. What strikes the mind is that the purpose of the exemption was to provide some concession for the believing woman by permitting her to show something which it is possible to conceal. Reason would indicate that it is the face and hands which are exempted from covering.
Assuredly a woman is permitted to show her face and hands because covering them would be a hardship on her, especially if she must go out on some lawful business. For example, a widow may have to work to support her children, or a woman who is not well-off may have to help her husband in his work; had covering the face and hands been made obligatory, it would have occasioned such women hardship and distress. Al-Qurtabi says,
It seems probable that, since the face and hands are customarily uncovered, and it is, moreover, required that they be uncovered during acts of worship such as salat and hajj, the exemption (referred to in the verses of Surah al-Nur) pertains to them. This conclusion is supported by what Abu Daoud has transmitted on the authority of ‘Aishah. She said that ‘Asma, the daughter of Abu Bakr, once came to the Prophet (peace be on him) wearing transparent clothes. The Prophet (peace be on him) turned his face away from her and told her, ‘Asma, when a woman begins to menstruate, nothing should be seen of her except this and this,’ and he pointed to his face and hands.
In addition to this, we may infer from Allah’s words, “Tell the believing men that they should lower their gazes,” that the faces of the women of the Prophet’s time were not veiled. Had the entire body including the face been covered, it would have made no sense to command them to lower their gaze, since there would have been nothing to be seen.
In spite of all this, however, because of the widespread immorality and laxity in obeying the Islamic injunctions in our time, the best thing for the Muslim woman is to conceal all her adornments including her face if she can. Obviously, more caution in this regard is necessary for a woman who is beautiful. Allah Ta’ala also says, …That they should draw their head-coverings over their bosoms…. (24:31)
It is obligatory for the Muslim woman to cover her head, breasts, and neck completely so that nothing of them can be seen by onlookers. In addition, Allah Ta’ala says, …And not display their adornment except to their husbands or their fathers…. (24:31)
This injunction prohibits women to show their concealed adornments, such as the ears, hair, neck, breasts, or ankles, to men who are outside the mahrem relationship, before whom they are permitted to expose only the face and hands (of “that which is apparent”).
Twelve categories of persons are exempted from this prohibition:
- “Their husbands:” The husband and wife can see whatever they please of each other. A hadith states “Guard your nakedness (‘awrah) except in front of your wife.”
- “Their fathers,” including the grandfathers from both mother’s and father’s sides as well.
- “Their husbands’ fathers,” for these are regarded as fathers to women.
- “Their sons,” as likewise the grandsons from both sons and daughters.
- “Their husbands’ sons (stepsons),” a necessity for normal interaction, since the woman is regarded as their mother.
- “Their brothers,” including half – and step-brothers.
- “Their brothers’ sons,” since marriage is permanently prohibited between a man and his paternal aunt.
- “Their sisters’ sons,” since marriage is permanently prohibited between a man and his maternal aunt.
- “Their women,” Meaning female relatives and sisters-in-faith, that is, other Muslim women. As for non-Muslim women, they are not allowed to see the Muslim woman’s adornments other than what is allowed for non-mahrem men, and the correctness of this opinion is verified.
- “Those whom their right hands possess,” refers to bondservants, because in Islam they are considered as members of the family. Some scholars restrict this permission to female bond-servants only.
- “Male servants who lack sexual desire,” refers to hired hands or household servants who, because of some physical or mental condition, are devoid of sexual desire. This is applicable only under the following two conditions: that they are the servants of those into whose houses they are given entry and that they lack sexual desire.
- “Children who are not aware of women’s nakedness.” These are small children whose consciousness of sex is not yet developed. But if evidence of the sexual urge is noted among them, a woman should treat them like non-mahrem men even though they may not have reached puberty.
This verse does not mention maternal and paternal uncles because they customarily occupy the same status as the father. A hadith states, “The man’s uncle is like his father.” (Reported by Muslim.)
(to be cont.)