What is the difference between letting the garment hang down and tying a scarf for a woman in ihram, as long as she will cover her face?
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The questioner : But what is the criterion, O Shaykh, between letting the garment hang down and specifying the use of a scarf, as long as she is going to cover her face? Is letting the garment hang down the same as specifying the use of a scarf?
The Shaykh : First, the difference is established by the Shari'ah, not by opinion. That is, some people in the past thought that sale is like riba (usury or interest), so Allah the Exalted refuted them by saying:[Al-Baqarah 2:275] This is because the differences between some of the rulings of the Shari'ah may not be apparent to everyone. Therefore, it is obligatory for every Muslim to submit to the ruling of the Shari'ah if it comes from the infallible Prophet. This is explicit in the Noble Qur'an, as you know, in His saying: [An-Nisa 4:65] So what is said about the difference between wearing the niqab and letting the garment hang down? Because you are in one of two positions: either you make letting the garment hang down like wearing the niqab, or you reverse it and say wearing the niqab is like letting the garment hang down. That is, you know the saying of the Prophet (peace and blessings be upon him): Muwatta Malik 20:17 So, can we say, in light of this explicit hadith, that it is permissible for a woman to wear the niqab? No one among the Muslims says so. It falls under the general meaning of His saying: [An-Nisa 4:115] This is a contradiction of the Messenger. The Messenger of Allah (peace and blessings be upon him and his family) says: Muwatta Malik 20:17 And some people say, yes, it is permissible for her to wear the niqab while in ihram. I say it is necessary that we either say wearing the niqab is forbidden, and then we look at letting the garment hang down: is letting the garment hang down like wearing the niqab? If it is like wearing the niqab, because the text from the Messenger (may Allah's prayer and peace be upon him) regarding letting the garment hang down has not come, but here there is room for consideration and research. If it is established that letting the garment hang down is not like wearing the niqab, we say then, since it is not like wearing the niqab, wearing the niqab is forbidden, and letting the garment hang down is permissible by the original ruling. And if you say that letting the garment hang down is like wearing the niqab, then it should be that you equate them in prohibiting the woman in ihram, and that it is obligatory for her to uncover her face in Hajj as long as she is in ihram. But no one among the scholars of the Muslims says that. And in that case, we have fallen into contradicting the previous verse from two sides, meaning: [An-Nisa 4:115] We have contradicted the Messenger when we said, on the first hypothesis, that the Messenger (may Allah's prayer and peace be upon him) said: So we said, you wear the niqab. So it is a contradiction of the Messenger. We say, far be it! We accept that it is not permissible for the woman in ihram to wear the niqab, but we researched letting the garment hang down: is letting the garment hang down like wearing the niqab? The scholars have agreed that letting the garment hang down is not like wearing the niqab, because it is a covering of the face, just as a man covers his head with a tent or any covering that is not attached to his head. Now, this cap is not permissible for a man to put on his head, but if he puts on his head what is called the umbrella, you know it, which shades a person from rain, heat, etc., then he has shaded his head and his body, so this is permissible by consensus. But if this covering touches his head, it is prohibited. Similarly, the scholars distinguished between the woman covering her face with the niqab and tying the scarf on her head as well; it is like the niqab, meaning there is no difference between whether the tying is here or whether the tying is here. It is all clothing from which the woman is prohibited in her face. As for letting the garment hang down, as we said, like the jilbab (outer garment), that is what the report of Aisha (may Allah be pleased with her) came in to establish. If this explanation is sufficient for the distinction, then that is good and excellent. Otherwise, we follow the path of the believers who distinguished between the permissibility of letting the garment hang down and the prohibition of wearing the niqab and tying a scarf on the face. The scarf is known, I think, among you, so there is no problem in the matter, if Allah wills.
The questioner : What is the manner, excuse me, O Shaykh?
The Shaykh : Please go ahead.
The Shaykh : First, the difference is established by the Shari'ah, not by opinion. That is, some people in the past thought that sale is like riba (usury or interest), so Allah the Exalted refuted them by saying:
But Allah has permitted trade and has forbidden interest
وأحل الله البيع وحرم الرباBut no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.
فلا وربك لا يؤمنون حتى يحكموك فيما شجر بينهم ثم لا يجدوا في أنفسهم حرجا مما قضيت ويسلموا تسليماa woman in ihram should wear neither a veil nor gloves
لا تنتقب المرأة المحرمة ولا تلبس القفازينAnd whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers - We will give him what he has taken and drive him into Hell, and evil it is as a destination.
ومن يشاقق الرسول من بعد ما تبين له الهدى ويتبع غير سبيل المؤمنين نوله ما تولى ونصله جهنم وساءت مصيراa woman in ihram should wear neither a veil
لا تنتقب المرأة المحرمةAnd whoever opposes the Messenger after guidance has become clear to him and follows other than the way of the believers
ومن يشاقق الرسول من بعد ما تبين له الهدى ويتبع غير سبيل المؤمنينShe shall not wear the niqab
لا تنتقبThe questioner : What is the manner, excuse me, O Shaykh?
The Shaykh : Please go ahead.
