Monday, November 7, 2011

Is the Jilbab obligatory?

The Jilbab: its obligation and characteristics

The Islamic dress code for men and women is well known, distinguished from other religions' dictates on the matter and unique in its ability to prevent social vices and moral discord. At its heart is preventing the exposure of those parts of the bodies of men and women which are an invitation to the licentious desires of either gender, as well as those aspects beyond covering which would invite lust and desire.

The ideal Muslimah is characterised by piety, fear of Allah SWT and concern for His decree in every matter. Essential to the Muslim woman's daily comportment is her attire and the way in which she carries herself in public. In recent times the Islamic dress for women has come under fire as being oppressive, restrictive and ancient as part of the ongoing ideological onslaught against the deen of Islam. Muslims, nonetheless, realise the fallacy of such expostulations and appreciate that only the divinely inspired Islamic social system and its dictums are sufficient in guarding the honour and chastity of all peoples. This is clear not just from an analysis of Islamic Jurisprudential law, but also from a cursory glance at the venality present in Western society, where the detriment of social promiscuity is readily observable in the prevalence of adultery, fornication and the disintegration of the family unit.

One aspect of the Muslimah's attire that has captured the attention of some modern Muslim audiences is that of the Jilbab, the single cloth which helps complete the Islamic requirement for a woman's dress. A contemporary "debate" on this particular issue has emerged in our times; causing confusion on a matter where the wide body of classical scholars reached a majority opinion. Some observers wrongfully contend that the debate is about the Fardh (obligatory) nature of the Jilbab (only the most audacious would challenge its obligatory nature); rather it is about what the Jilbab is to be defined and charaterised as.

This article will seek to explore the issue of the Jilbab, its requirements, and whether points forwarded are frivolity in the guise of semantics or an in-depth appreciation of the lexicon of the Arabic language and an understanding of the Usool (principles) of Islamic Law.

Defining the terms

A few terms which need to be clarified in this discussion are often themselves a source of confusion. The term "Hijab", for instance, is often thought to be the headscarf, when its meaning is otherwise.

The Hijab literally means concealing, screening, or protecting and is used to refer to the mandatory dress of the Muslim person, be they male or female. For our purposes, therefore, the Hijab is the composite or complete dress for Muslim women. The root word of Hijab is hajaba and that means to veil, to cover, to screen, or shelter, among other things.

The Khimar is the word which refers to the Muslimah's headscarf that covers her head and drapes over her neck and bosom. One of the most respected Islamic commentators on the Qur'an, Imam Abu Al-Fida ibn Kathir, is noted to have said: "Khumur is the plural of khimar which means something that covers, and is what is used to cover the head. This is what is known among the people as a khimar."

The Jilbab, meanwhile, is the subject of our discussion, and its definition shall be elucidated upon further into the article. More important, at this stage, is establishing the command (Hukm) of this "Jilbab" – is it recommended, is it obligatory, or is it merely permissible for the Muslimah?

The Jilbab – an established obligation

The Muslimah is required to preserve her modesty in front of those who are non-Mahram for her. A non-Mahram male is one to which she can potentially get married. The verse of the Qur'an which establishes the edicts of the Muslimah's dress in general terms is found in Surah an-Nur:

And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands' fathers, or their sons or their husbands' sons, or their brothers or their brothers' sons or sisters' sons, or their women, or their slaves, or male attendants who lack vigour, or children who know naught of women's nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed. (31)


The method whereby this injunction is carried out is through the covering of the woman's Awrah, which is the area of the body she must cover at all times when in front of non-Mahram males. She is only allowed to display "that which is apparent", which the majority of scholars have agreed is the face and the hands. Further to this, it is narrated by Aisha (RaA) the Prophet Muhammad (SAW) once said, "Oh Asma, if the woman reaches the age of puberty, nothing should be seen of her but this and this", pointing to his face and hands beyond the wrists. This hadith was graded Sahih by ibn Hibban according to Imam Muslim's criteria, and was also recorded by Abu Dawood and Al Baihaqi.

The Awrah for the woman is thus all but the hands and the face. In front of non-Mahram males, therefore, she must cover her entire Awrah in a way that doesn't compromise her modesty. Here a distinction must be made between public and private life. It is established that the guidelines for what she must cover with whilst in the home (in private) are fundamentally different from that which apply to the public dress; an understanding arrived at through appreciation of the Islamic texts, an activity we shall engage in presently. When in front of non-Mahram males in private life (ie: at home) the imperative is on the Muslimah to cover her awrah and the command (Hukm) for her is left at this. She is allowed to cover her awrah in a way which satisfies her, so long as she fulfils the obligation of dressing modestly, without showing off her charms or without appealing to the carnal desires of the present males in as far as her capacity allows her to do so. If she successfully does this, then she is fulfilling her obligatory dress requirements. She is, therefore, permitted to wear a traditional Indian Shalwaar Kameez, or a loose and baggy skirt and top, as long as her body shape remains relatively well shielded and the contours of her body are relatively inconspicuous, thus fulfilling the conditions of all Islamic dress (be it public or private) as discussed later in the article. All this is, of course, to be fulfilled in addition to the commandment for covering the Awrah (hair, arms, neck etc) – the point to emphasise here being that there is no restriction in the manner she does this as long as she is covered, within the bounds of modesty.

Public dress
, however, is a different matter, and is where our discourse is centered. For a Muslimah's attire in public life, Allah has decreed a wrap or Jilbab which conceals the clothes she primarily covers herself with. This Jilbab is to be a singular piece of cloth, which according to the majority scholarly view is to drape down from the shoulders to her feet. It is not permitted for the Muslimah to go outside her house in either her primary layer of clothing, or any clothing which is other than a singular, loose garment that covers her from at least the shoulder down to her feet. There is a difference of opinion (Ikhtilaf) among the Ulema with regards to whether the Jilbab should drape down from the shoulders or the head down, but is a separate discussion in its own right pertaining to the Niqab, and cannot be entertained here.

The obligation for this particular type of clothing, the Jilbab, is well established through the primary Islamic sources. The very famous verse of Surah Al Ahzab is to be quoted here:

O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks (jalabib) close round them (when they go outside). That will be better, so that they may be recognised and not annoyed. Allah is ever Forgiving, Merciful. (59)

An incident that occurred immediately following the revelation of this verse sheds light on its obvious meaning and the weight of the command its words carry. It is narrated in the Sunan of Imam Abu Dawood that the prophet's wife Umm Salama is reported as having said: "When the verse 'That they should draw their jalabib close around them' was revealed, the women of the Ansar came out as if they had crows over their heads by wearing Jilbab".

This hadith exemplifies the haste with which this commandment was undertaken, and the clear obligation of it. The obligatory nature of the outer garment that is the Jilbab is also evident in the Prophet limiting women's ability to come outside the home and into public life to when they were wearing a Jilbab. It is narrated in the Sahih of Imam Bukhari that Umm Atiya said: "We were ordered to bring our menstruating women and screened women to religious gatherings and invocation of the Muslims on the two Eids. These women were to keep away from the Musallah. A woman asked, 'Oh Rasool Allah, what about a woman who does not have the Jilbab and wishes to come out?' He replied by saying 'Let her borrow the Jilbab' of her companion'".

The Prophet Muhammad SAW therefore limited the women going out publicly to when they were wearing a Jilbab. If they did not possess one, then they were compelled to borrow one from a friend. The Prophet SAW saying "let her borrow the Jilbab of her companion" is an express indication, or qarina, that the opposite of this action is not allowed, even though he has not disallowed it in express words. The meaning or implication is clear, and establishes for a Muslimah the obligation of wearing a Jilbab to go into the public domain, or the prohibition of doing so without one.

From this discussion of evidence, it is amply evident that some garment called the "Jilbab" is obligatory for the Muslimah. What this exactly is, however, must be crystallized in its own right, notwithstanding the brief allusions to it being a singular piece thus far in this article. How then, do we understand the term "Jilbab"?

What's in a word; a matter of semantics?

SO what exactly is this obligatory garment called the "Jilbab"? IN order to comply with an order of Allah SWT, it is a truism to say that we must be familiar with what that order is referring to. Thus it would be wrong to prohibit Pepsi on the basis that Khamr (wine) is disallowed merely because, on the basis of tenuous evidence, some might say that the former causes hyperactivity among children, which can be deemed by some as being similar to intoxication. The rule for Khamr needs to be understood in the context of the word's meaning as the Lawgiver SWT intended it (as referring to alcoholic intoxication and not merely the influence of relatively harmless substances such as Caffeine which very minutely alter bodily function). Such an understanding comes only in light of appreciating the usage of words by the Arabs at the time the commandments of the Qur'an came down.

Some say that the obligation of the Jilbab, while established, allows Muslim women to go out in public life in multi-piece garments (notwithstanding the Khimar) because the evidences do not specify a definition of "Jilbab". Such propositions by and large ignore the sheer importance lexicography plays in understand the Usool of deriving Islamic law, and they leave the door open to whimsical, modern understandings of words used in the Qur'an, whose different understanding in the modern age would alter the Ahkam of Islam considerably.

In order to grasp, in full, the meaning of a Qur'anic or Prophetic injunction, the wording used to establish that injunction must be understood in its own context, and anything less is an injustice to the process of deriving divine law. Thus we must seek out the understanding of the word "Jilbab" as it was held by the Arabs at the time of the Law's revelation. This is not a difficult matter, and one whose understanding solidifies the conception of what the Jilbab is. We refer here, therefore, to the dictionaries and books explaining the classical (Fusha) Arabic in which the Qur'an was revealed.

The most definitive dictionary on classical Arabic was written by Ibn Mandhoor, an Islamic scholar and linguist of the highest order (died 711), and was called Lisaan-al-Arab. This dictionary is considered the most powerful tool for understanding the Fusha Arabic in which the Qur'an was revealed. According to ibn Mandhoor's Lisaan, "the Jilbab is the outergarment, mantle or cloak. It is derived from tajalbaba, which means to clothe. The Jilbab is the outer sheet or covering which a woman wraps around her on top of her garments to cover herself head or shoulders down to the feet. It hides her body completely".

Another very prominent dictionary of Fusha Arabic is the Al Qamus Al Muhit, or "comprehensive dictionary". This particular work was the amalgam of the works of two other Arabic linguists, Ibn Saadi and As Sajaani. Al Qumas was written by the famous Maliki scholar Abu Tahir al Fairuzabadi, being completed around the year 1400. Fairuzabadi's pedigree as a scholar in his own right makes his work all the more meaningful from a jurisprudential viewpoint, and in his Qamus he says that the "Jilbab is that complete outer clothing of the woman which conceals her clothes like a cover".

Yet another Arabic dictionary, al-Sihah, was completed by the Arabic lexicographer Abu Nasr al Jawhari. He is famous for having studied the Fusha Arabic from the Arabs of the desert, which gives further clout to his understanding of the Qur'anic language. In his work he says that "the Jilbab is the cover and some say it is a sheet. It has been mentioned in ahadith with the meaning of one sheet, which the Muslim woman must wrap over her clothes when in public".

It is not just classical dictionaries written in classical times which assert that the Jilbab is a one piece outergarment which the woman wears in public life. Arguably the most monumental work in cross-lexical scholarship between ANY two languages in the modern age, that being theArabic-English Lexicon by Edward Lane (completed in 1893 by his student Stanley Poole), defines the Jilbab as "one garment that envelops the whole body…a wide garment for a woman, and one with which she covers her other garments".

And it is not only the classical Arabic dictionaries which take this as being the meaning imparted by the word "Jilbab" or "jalabib" (plural) as used in the verse of Surah al Ahzab. Modern works of undoubted authority on the Arabic language make it clear that the meaning today too remains the same. This is the case in Hans Wehrs' Dictionary of modern written Arabic and A dictionary and glossary of the Qur'an by John Penrice.

From a lexical perspective, therefore, it is clear that the Jilbab, or Jalabib, as made reference to in the Qur'an, is a singular sheet of clothing which is worn on top of the normal clothes of the woman, or to cover the normal/house clothes of the woman. Both its outergarment, and singular nature, is thus established.

Hence an appreciation of the Arabic language is vital in characterising the true nature of the Jilbab. The matter is not semantical, as semantics are frivolous discussions which don't change the meaning of the matter being discussed, but is an important one, as its consideration leads to the understanding that the Muslimah is to cover, as commanded by Allah, her ordinary clothes with a one-piece wrap which she must wear when she ventures into the public domain. It is not only lexicon which establishes this understanding, but the Islamic texts themselves, as we shall now discover.

The Characteristics/conditions of Jilbab and dress as per the Islamic texts

The Islamic texts themselves clearly establish the Jilbab as a singular sheet (separate to the Khimar or headscarf) worn on top of one's home clothes.

Surah an-Nur Ayah 31
, discussed earlier in the article, establishes the dictates for a Muslimah's modesty in general terms. However, Surah Al Ahzab Ayah 59 commands the wearing of a "Jilbab close around them". The conciliation of these two verses is that the basic requirement for the woman at all times in the presence of a non-Mahram male is as per the things listed in the former Ayah, whereas the latter establishes the necessity of an outergarment to be worn as an addition to the requisite elements of dress (in front of non-Mahrams), when the Muslimah partakes in public life.

Moreover, a critical Ayah forwarded in support of the singular and outergarment nature of the Jilbab is Ayah 60 of Surah an Nur.

'And as for women past child-bearing who do not expect wed-lock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allah is All-Hearer, All-Knower.' [24:60]


Of note in this particular discourse is the Tafsir of none other than Imam al Qurtubi. To one well versed with classical Islamic scholarship, this is a colossal figure, whose commentary of the Qur'an (Al-Jami' li Ahkam il-Qur'an) is considered as ranking just below the commentaries of many companions, who are considered the most well learned commentators of the Qur'an, and is held to be perhaps the greatest work on Tafsir along with the Tafsir of Imam At Tabari in times after the Salaf. In his commentary of this verse, al Qurtubi says that it is a clear averment that the Jilbab is to be an outergarment for the woman, such that once she reaches menopause, she is allowed to discard it. In this contention he cites the opinions of the two great companions Abdullah Ibn Abbas (considered the greatest single exegist/commentator on the Qur'an, whom even Khalifah Umar RA would go to for his opinion) and Abdullah Ibn Mas'ud, accepted as the two most commanding authorities on Qur'anic exegesis. They understood this verse as a direct inference alluding to the Jilbab being the singular outergarment that women could discard when the age of menopause arrived.


The texts thus establish not just the fardh (obligatory) nature of the Jilbab, but also clarify that it is a singular outergarment through the above verses and their interpretation by the most learned men of Islam, the companions of the Prophet Muhammad SAW himself. The obvious lexical understanding of the term "Jilbab" also clarifies that it is one garment, being in complete harmony with the texts, such that the Shariah's command in this regard thus applies to a one-piece garment worn over the home clothes.

The other conditions of the Jilbab or the Muslimah's dress generally are derived mainly from the verse of Surah an-Nur, but are expounded in other primary texts. One such example is the condition that the Jilbab be sufficiently thick and not seen through, established through the presently mentioned example and others. When Usama RA enquired with the Messenger SAW as to the permissibility of dressing his wife in a thin garment called the cuptiyah, he SAW responded by saying "Command her to wear a undergarment underneath it, for I fear that it might describe the size of her bones", in reference to her body shape. Thus the prohibition of wearing thin clothes that reveal the body shape outside reasonable bounds, and the condition that the Muslimah's dress not reveal her shape, is established. This condition is applicable to the Muslimah's dress in front of non-Mahrams generally; hence, if inside the home in their presence, she must wear clothes which do not fit tightly around her body, and if outside, then her Jilbab must be loose and not tight.

The conditions for the Muslimah's dress in front of non-Mahrams, established through various evidences, can be summarised as follows:


* It must be loose fitting.

* It mustn't be transparent.

* It shouldn't resemble clothing of the other gender.

* It shouldn't become a source of attraction (tabarruj).

These conditions are the conditions for ALL Muslim women's' dress in front of non-Mahram males. The Jilbab, which must be worn when in the public domain, has its own conditions, which must adhere to the above basic rules of dress, and must also fulfil the following criteria:

* The Jilbab must be an extra layer worn on top of normal clothing, or an "outergarment"

* If the Khimar is worn then it is to be a shoulder-to-feet article, but if the Khimar isn't worn, then the Jilbab can be draped over the head all the way to the bottom of the feet, as is the case in some places.

* The Jilbab must be made of a fabric sufficiently thick to hide the normal clothes and contours of the Muslimah's body.
Can one whimsically fulfil the conditions of the Jilbab?

* Some people claim that a multi-piece set of articles, if worn over the home clothes, can constitute the Jilbab because they are worn "over the home clothes" and thus fulfil the condition that the Jilbab is an outergarment. This particular proposition is incorrect as it is clearly established that the Lawgiver SWT, by virtue of his use of the word "jalabib" and its clearly understood lexical meaning (which hasn't altered through the ages), intended not just an outergarment as obligatory, but one that was singular in its nature and was not multi-pieced. Thus the Jilbab cannot be multi-pieced and this particular understanding ignores completely the enormous and undeniable weight behind the real meaning of the word "Jilbab" as understood in the language of the Qur'an both in classical and contemporary times, and by the great Islamic scholars and lexicographers.

* Some people, meanwhile, audaciously challenge the very Fardh (obligation) of the Jilbab itself, although they are in the clear minority and this view shouldn't be given credence through entertainment of discussion on it. It is abundantly clear, without any room for doubt, that Allah SWT in Surah Al Ahzab Verse 50, and the Prophet through his clear speech on the matter of women going outside without the Jilbab, indubitably established a ruling.

* Finally, mixing the aforementioned two views is yet another, which claims that the ruling on the Jilbab is subject to an 'Illah, or a legal reason, meaning that the commandment of the Jilbab is subject to the implication of the condition (Mafhoom al-shart). This view is distinct from the above two because it doesn't deny the Fardh of the conditions of the Jilbab, but nonetheless questions the decisiveness of wearing the clearly defined garment if the conditions are fulfilled. In essence, it is contended that the real task of the Muslimah is to fulfil the "legal reasons" bringing the ruling of the Jilbab into being, such as modesty. If she is able to satisfy these conditions or reasons, then she has fulfilled her obligation and it does not matter if she wears the Jilbab (the one-piece outergarment) or not, since its application/adornment is subject to these conditions. This view is manifestly incorrect and in complete disharmony with the work of traditional Islamic scholars and Usooliyeen (Ulema of the principles of Islamic law). The texts dealing with this particular issue do not in any way carry a legal reason.

We observe that the verse of Surah Al Ahzab offers some divine wisdom behind the Hukm (ruling), namely so that "they may be recognised and not annoyed". This doesn't in any way suggest that the wearing of the Jilbab ("Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them") is contingent upon women being recognised (or not) or being annoyed/not annoyed. While wisdom is offered, and it is a blessing of Allah SWT to humanity, it is not in this case a legal reason, and thus the application of the command isn't subject to the fulfillment of any conditions, because Allah SWT doesn't make the following of the Hukm dependent on annoyance in any way, as is clear from the Ayah and what Mufassireen such as Al Qurtubi have categorically declared.

Secondly, the famous hadith of the Prophet SAW mentioned earlier in the article, where he said 'Let her borrow the Jilbab' of her companion' instead of allowing a non-Jilbaabi without a Jilbab to leave the home, establishes that a woman wishing to go outside must go out with a Jilbab on, or after having borrowed one from someone else. It is explicitly clear that she cannot go out without a Jilbab, given the Prophet's wordscommanding the borrowing of a Jilbab if there is non-possession thereof. Thus the prohibition of going out without one is established by the Prophet's decisive command regarding borrowing one if it isn't already possessed.

Hence there is no legal reason behind the Jilbab; rather the matter is subject to clear texts which carry clear meanings and orders over which there can be no doubt. Not only is this evident from the texts themselves and the commentaries of the scholars of the Qur'an on the matter as presented above, but it is also clear from the stance adopted by the majority of Ulema on the matter, of which some are presented below. The contentions that the Jilbab has an 'Illah, or that it can be two-pieced, are propositions that do not stand up to scrutiny and are obviously dwarfed by the sheer weight of evidence and scholarly opinion backing the obligation of the Jilbab as defined clearly herein.


Classical Scholarly opinion on the matter of the Jilbab


Imam Al-Qurtubi, in addition to what has been quoted previously, forwarded the narrations of both ibn Abbas and Ibn Mas'ud. The following is a quote from his Tafsir: 'Jalabib is the plural of Jilbab, and it is a garment larger than a khimar (headscarf). It has been narrated by Ibn 'Abbas and Ibn Mas'ud that it is a ridaa (large sheet of cloth). It is said that it is a qina'/veil but the correct view is that it is a garment which covers the whole body. It has been reported in Sahih Muslim on the authority of Umm 'Atiya who asked; "O Messenger of Allah! What about one who does not have a Jilbab?". He said, "Let her borrow the Jilbab of her companion".

The famous work Safwat at-tafasir by Ali as-Sabuni, an amalgamation of the most commanding Qur'anic exegeses (including those of At Tabari,al Qurtubi, and Az Zamakhashari), states that verse 59 of chapter Ahzab is saying to the Prophet to 'tell the women that they should wear a wide outer garment.'


An-Nawawi, one of the leading scholars of the Shafi'i school of thought, quoted Imam Ash Shafi'i as having said that the Jilbab 'is a sheet worn over the clothes i.e. that it is an outer garment)' He added that: 'This view is correct and it is the view of ash-Shafi'i (that the Jilbab is worn over the ones clothes)'. Imam Nawawi needs no introduction to a Muslim with even elementary knowledge of Islamic history; nor, of course, does Imam Shafi'i.

Sheikh Muhammad Al-Hanooti said that 'The verse 59 of Surah Al-Ahzab urges a woman to wear a Jilbab. A Jilbab means the outer garment over her inner clothes to guarantee that everything of her body is covered and doesn't show or shape any of her figures. That is the objective of Shari'a.'


Sheikh Taqiuddin an Nabhani, founder of the worldwide Islamic political party and mass movement Hizb ut Tahrir, considered a reputable scholar in his own right, adopted the view that the basic obligatory public dress for the Muslim woman in public is the singular outergarment called the Jilbab draped from the shoulders down towards the feet, and the Khimar.

Conclusion

The beautiful way of life that is Islam has been sent for the guidance of humanity, with a complete set of ordinances for all facets of life. The successful in the hereafter are those who are Muttaqoon (believers who fear Allah) and strive for Allah's pleasure through firm adherence to these dictates.

The Jilbab is a fundament part of the Muslim woman's dress, and one which she should love to wear for the sake of preserving her modesty in public and abiding by the deen of the Haqq. It is, as has been shown, a single piece garment that is worn over her home clothes, a position arrived at through an examination of the evidences in light of their lexical significance and the positions of the great scholars of Islam, both classical and contemporary, on the matter. The difference of opinion existed on the Muslimah's dress not in terms of the Jilbab, its characterisation or Fardh, but in matters to do with the Niqab. The modern conjecture over the Jilbab is out of place, and the position arrived at by the classical scholars on the matter, through an understanding of the Qur'an and the Usool (principles) of Islamic jurisprudence, is not merely sufficient, but the overwhelmingly preponderant view which Muslims of today should seek to follow. We should never allow ourselves and our actions to be dictated by anything other than the Shariah (or what is easier to adorn/follow), for therein lies great reward for which we should strive in order to seek the pleasure of Allah SWT. May Allah give us the Imaan and Taqwah to adhere firmly to his deen and all which it entails! Ameen!


It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path." [Al-Ahzab 33:36]

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