Question

Assalamu Alaikum

My question concerns the Hijab, whether it is obligatory based on evidence or stems from tradition, imposed to distinguish the free from the slave woman.

"Originally the hijab is a legal ruling with class significance, aimed at differentiating the free from the slave woman. This was the understanding of the companions: When Umar Ibn al-Khattab used to perambulate al-Madinah and see a slave women veiled, he would hit her with his famous strike such that the veil would drop from her head and say: "Are the slave women imitating the free women?" Finally I would like to say that in a time where there is no slavery or slaves - Alhamdulillah - then the reason for wearing the Jilbab (outer garment) has been suspended. There is nothing in the Qur'an nor in the Sunnah that states the imposition of the Hijab to prevent Fitnah or vice. Who claims this is a sinner as he has invented a lie against Allah, whereas the woman who wears the Hijab because it lies within the customs of her people or her community does not commit any error, as long as she understands that wearing the veil is not an obligation from Allah Almighty.

Whereas the women who wears the Hijab and calls to it, believing that Allah has commanded it, is committing a great sin, because she has assigned to the legislation of Allah from people who have imposed laws that did not come neither from Allah nor from His Messenger. Such woman has misled from the message of the Qur'an and its straight path. The Hijab is not an Islamic obligation but a social custom that existed before Islam and has nothing to do with religions at all. It is from the most dangerous things that we confuse the customs and traditions with what was commanded by Allah in the Holy Book, because the claim that any habit comes from Allah is a false claim, similar to polytheism and lying in the right of Allah Almighty."

I kindly ask you to comment on this statement, Barakallahu Bikum, may Allah guide us and you.

Answer

Wa Alaikum Assalaam wa Rahmatullahi wa Barakatahu,

The legal evidence for the Islamic dress of the woman is clear and explicit. This dress code does not stem from the habits of people, to be left if it was left by the people and to be abided by if they abided by it. Rather it is an obligation imposed on the women by Allah Almighty:

The Shar'iah has imposed a specific dress code (libas Shar'i) on women when leaving the house into public life. It has enjoined on women to have a cover worn over their clothes when they leave the house to the market or to walk on public ways. They are obliged to wear a Jilbab in its Shar'i meaning, to be worn over her clothing, which she drapes down to the bottom such that it covers her feet. If she does not own a Jilbab, she will have to borrow one from her neighbor or friend or relative. If she leaves the house without wearing a Jilbab over her clothing, she will have sinned, because she has left an obligation imposed by Allah. This concerns the lower garment of women.

As for the upper dress, the woman has to wear a Khimar, or what is similar to one, as long as it covers the entire head, the entire neck and the entire collar opening on the chest. This has to be ready to go out to the market, or walk on public ways, meaning that it constitutes the upper dress in public life. If the woman does not own these two garments, she is not allowed to leave the house under any circumstance, because the command of these two garments came in a general manner, such that it remains general under all circumstances, as it was absolutely unaccompanied by a specifying condition.

The evidence of the obligation of these two garments for public life is the saying of Allah Almighty concerning the upper garment:

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنّ

"and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests" [An-Nur: 31]

And His saying concerning the lower garment:

يَا أَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments." [Al-Ahzab: 59]

Also what was narrated from Umm ‘Atiyah, who said:
أَمَرَنا رسولُ اللهِ أن نُخْرِجَهُنَّ في الفِطْرِ والأضحى، العواتقَ والحُيَّضَ وذواتِ الخدورِ، فأما الحيّضُ فيَعْتَزلْنَ الصلاةَ وَيَشْهَدْنَ الخَير، ودعوةَ المسلمين. قلت يا رسولَ اللهِ إحدانا لا يكونُ لها جلبابٌ، قال: لِتُلْبِسْها أختُها من جِلبابِها

"The Messenger of Allah (saw) ordered that the women leave the houses for Eid al-Fitr and Eid al-Adha, even the adolescent girls, the menstruating women and the virgins. As for the menstruating women, they were to retire from prayer and watch the goodness and the invitation of the Muslims. I said: "Oh Messenger of Allah, some of us do not own a Jilbab." He said: "Let her wear a Jilbab from her sister." Narrated by Muslim.

This is explicit evidence on the significance of the women's dress in public life. Allah Almighty has precisely and comprehensively described this dress code which he has enjoined on women to wear in public life in these two Ayat. He (swt) said pertaining to the women's upper dress:

وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ

"and to wrap [a portion of] their headcovers over their chests" [An-Nur: 31]

Meaning to drape down their head coverings over their necks and chests, to hide what appears from the shirt collar, the neck and chest.
He (swt) said concerning the women's lower dress:

يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"to bring down over themselves [part] of their outer garments." [Al-Ahzab: 59]

Meaning to drape down their outer garments which they wear over their clothing for leaving the house, draping it down to the bottom.

Concerning the general style of this dress He (swt) said:

وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا

"and not expose their adornment except that which [necessarily] appears thereof" [An-Nur: 31]

Meaning not to show the places of adornment from their bodies, like the ears, arms, legs and so on, except what was shown in public life when this Ayah was revealed in the era of the Prophet (saw), constituting the face and the hands. Thus the dress of women in public life and its style are clarified in this exact description through unmistakable evidence. The Hadeeth of Umm 'Atiyah demonstrates frankly the obligation of women to wear a Jilbab over their clothing when going out. For when she told the Prophet (saw): «إحدانا لا يكونُ لها جلبابٌ» "One of us does not own a Jilbab"

He (saw) replied: «لِتُلبسْها أختُها من جِلبابِها» "She shall wear a Jilbab from her sister"

As if she had told the Prophet (saw): "If the woman does not own a Jilbab to wear over her clothing to leave the house in it?" He (saw) ordered that her sister shall borrow her a Jilbab. This implies that if she did not borrow a Jilbab, the woman cannot go out. This is an indication that the command in this Hadeeth came in the form of an obligation. So the woman has to wear a Jilbab over her clothing if she wants to go out, other than that she may not go out.

The Jilbab is required to drape down to even cover the feet, because Allah says in the Ayah:

يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ

"to bring down over themselves [part] of their outer garments." [Al-Ahzab: 59]

Meaning to drape down their Jalabeeb, because مِن "part/from" does not come in a selective manner, rather as a clarification. So they drape down the Jilbab to the bottom, because it was narrated from Ibn 'Umar who said that the Messenger of Allah (saw) said:

مَنْ جَرَّ ثَوْبَهُ خُيَلاَءَ لَمْ يَنْظُرِ اللَّهُ إِلَيْهِ يَوْمَ الْقِيَامَةِ فَقَالَتْ أُمُّ سَلَمَةَ فَكَيْفَ يَصْنَعْنَ النِّسَاءُ بِذُيُولِهِنَّ قَالَ يُرْخِينَ شِبْرًا فَقَالَتْ إِذًا تَنْكَشِفُ أَقْدَامُهُنَّ قَالَ فَيُرْخِينَهُ ذِرَاعًا لاَ يَزِدْنَ عَلَيْهِ

"Whoever drags his garment behind him in vanity, Allah will not look at him on the Day of Resurrection. Umm Salamah said: "What shall the women do with their garments?" He (saw) said: "They shall shorten it by a palm." She said: "Then their feet will be exposed." He (saw) said: "Then they shall shorten it by an arm's length but no more." Narrated by Tirmidhi, who said this Hadeeth is Hasan Sahih.
This clearly indicates that the Jilbab worn over the clothing should drape down to the bottom until it covers the feet. If the feet are covered by socks or shoes, this does not obviate the draping down until the feet in a way to indicate such draping down. There is no need for it to cover the feet because they are already covered, but there has to be draping down, meaning that the Jilbab drops down to the bottom to apparently reach the feet, such that it is obviously a garment for public life to be worn by the woman in public. It has to demonstrate draping down to comply with His (swt) saying(يُدْنِينَ) meaning "draping down".

As you can see, it is a dress code clearly defined in explicit texts, without ambiguity in its meaning. Therefore the Prophet (saw) when asked by Umm ‘Atiyah about leaving the house without owning a Jilbab, he (saw) answered her that she shall borrow from her neighbor or abstain from going out. This is strong evidence for the Shar'i obligation of this dress code.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

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