Question:
Assalamualaikum SS Mufti. Is it permissible for a Muslim woman who lives with her non-Muslim family member without covering her awrah? And what is the awrah of a mualaf Muslim woman in front of her brothers? Hope for an explanation.
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Awrah is body parts that are obligatory to be covered in front of other man or woman. (See al-Mausu’ah al-Fiqhiyah al-Kuwaitiyah, 31/44). According to Imam al-Syarbini, awrah is defined as any body parts that are prohibited to be seen. (See Mughni al-Muhtaj, 1/185)
Basically, the ruling of covering awrah is an obligation as agreed by scholars in accordance with the statement of Allah SWT:
وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ أَوْ آبَاءِ 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 عَلَىٰ عَوْرَاتِ النِّسَاءِ ۖ وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ ۚ وَتُوبُوا إِلَى اللَّـهِ جَمِيعًا أَيُّهَ الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ
“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. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed.”
Surah al-Nur (31)
Allah SWT also state:
يَا بَنِي آدَمَ قَدْ أَنزَلْنَا عَلَيْكُمْ لِبَاسًا يُوَارِي سَوْآتِكُمْ وَرِيشًا ۖ وَلِبَاسُ التَّقْوَىٰ ذَٰلِكَ خَيْرٌ ۚ ذَٰلِكَ مِنْ آيَاتِ اللَّـهِ لَعَلَّهُمْ يَذَّكَّرُونَ
“O children of Adam, We have bestowed upon you clothing to conceal your private parts and as adornment. But the clothing of righteousness - that is best. That is from the signs of Allah that perhaps they will remember.”
Surah al-A’raf (26)
According to the above question, we detail it as follows:
- Regarding awrah between siblings, it is permissible to not cover her head and hair in front of her non-Muslim brothers for their disbelief does not invalidate the mahram relationship that they have. Even though they are non-Muslims, they are still considered as mahram. Hence, it is not an obligation to wear the hijab when she is with them if it does not lead to fitnah.
Imam al-Sarkhasi said: “The status of mahram is the same for a free or owned man, Muslim or a disbeliever, for everyone that has a religion will take care (of the boundaries) of his mahram.” (See al-Mabsut, 4/111)
It is stated in Majmu’ al-Fatawa (32/66): When a disbeliever marries through prohibited means (according to Islam, such as through other religious marriage rituals), then the lineage is valid and their relationship as siblings is also valid. Where they are prohibited for each other (prohibited to be married) and their relationship is of siblings (in terms of both their ancestry and lineage branches).
- If she lives far from her family members, such as in university, campus or work place, then it is obligatory for her to cover her awrah.
As for the issue of awrah between Muslim woman and non-Muslim woman, we have answered it in Irsyad al-Fatwa 141. It has been concluded that: “Awrah of a Muslim woman in front of non-Muslim woman according to the majority of scholars is her whole body except her face and hands up to her wrists. While the opinion of some Syafi’ite scholars which includes contemporary scholars from madhhab Syafie, her awrah in front of a non-Muslim woman is other than her head, hands and legs.
Hence, in this issue, covering and maintaining the awrah is crucial in certain situations, even if it is among non-Muslim women, then it is permissible on the condition that it would not lead to fitnah and degrade the dignity of the Muslim woman. The reason is, the reality today is greatly different from the previous times. Thus, we should celebrate and consider current time and reality.” [1]
Sometimes, the fiqh aqalliyyat (minority fiqh) should be taken into consideration to live together in harmony.
We end this discussion with the following supplication:
اللَّهُمَّ أَرِنَا الْحَقَّ حَقًّا، وَارْزُقْنَا اتِّبَاعَهُ، وَأَرِنَا الْبَاطِلَ بَاطِلًا، وَارْزُقْنَا اجْتنِاَبَهُ، وَلَا تَجْعَلْهُ مُلْتَبِسًا عَلَيْنَا فَنَضِلَّ، وَاجْعَلْنَا لِلْمُتَّقِينَ إِمَامًا
“O Allah! show us the truth as true, and inspire us to follow it. Show us falsehood as falsehood, and inspire us to abstain from it and don’t make us from among those who are led astray. And make among us leaders from among those with taqwa.”
May Allah SWT bless us with His guidance in practising everything that He commanded. Amin.
Endnote:
[1] See Mufti of Federal Territories Official website: Irsyad al-Fatwa 141: THE AWRAH OF A MUSLIM WOMAN IN FRONT OF A NON-MUSLIM WOMAN. [http://muftiwp.gov.my/en/artikel/irsyad-fatwa/irsyad-fatwa-umum-cat/1866-irsyad-al-fatwa-series-141-the-aurah-of-a-muslim-woman-in-front-of-a-non-muslim-woman]