What is the ruling on one who mocks the hijab and does not order his family to observe it?
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The questioner : This questioner says, “O honorable Shaykh, what is the ruling on one who mocks the hijab and does not order his family to observe it? We ask you for guidance and advice, may you be rewarded.”
The Shaykh : The hijab is the covering of the face and whatever parts of the body that lead to fitnah (temptation). This is the Shari'ah hijab, contrary to what some people think, namely that the Shari'ah hijab is for the woman to cover her entire body except the face and hands. The evidence from the Book and the Sunnah indicates that it is not permissible for a woman to uncover her face to anyone other than her husband and her mahram (close relatives). We have a treatise on this that we titled "The Hijab", and others have also written treatises on it, and many works have been composed on this matter, praise be to Allah.
As for one who mocks the hijab, if his intention is to mock it as a Shari'ah and a Sunnah from the Sunnah of the Messenger (peace and blessings be upon him), then he is in great danger, and it is feared that this may be apostasy from the religion of Allah, because mocking Allah, His verses, and His Messenger is disbelief, as Allah Blessed and Exalted is He said:[At-Tawbah 9:65-66].
However, if he mocks it not as a Shari'ah, but as a statement chosen by the one who practices it and observes the hijab, then this does not make him a disbeliever, but he has committed a great error. This is because mocking the statement of another scholar, even if you are a scholar, is not permissible as long as the issue is based on ijtihad (independent legal reasoning). Your ijtihad is not more likely to be correct than the ijtihad of the other, and his ijtihad is not more likely to be correct than your ijtihad. The correct opinion in your ijtihad is what agrees with the Book and the Sunnah.
We know that all the good lies in covering the face from non-mahram men, regardless of the indication of the Book and the Sunnah and the correct view regarding the obligation of covering the face. However, from a rational perspective, there is no doubt that covering it is more protective for the woman and further from fitnah. A rational person, when he sees the evil that has befallen societies that do not cover the face, knows that all the good is in covering the face, and that it is obligatory rationally, even if it were assumed that there are no Shari'ah evidences indicating its obligation, whereas in fact there are Shari'ah evidences indicating its obligation, and we have no doubt about that.
Look at those societies: did their women limit themselves to uncovering only the face and hands? No, they uncovered their faces, necks, hair, arms, feet, and legs, and much evil resulted from that. But look at the woman who wears the khimar and covers her face; you will find that she is in safety, security, modesty, and dignity. Those who desire her do not hope for her, and the base do not circle around her. Choose for yourself what you will.
My advice to this man is to repent to Allah Mighty and Majestic for what he has done, and to obligate his family—daughters, sisters, and wives—to cover their faces as indicated by the Shari'ah evidences, so that his women are safe and his religion is safe, and so that he has cared for them with proper care. For a person is responsible for his family on the Day of Resurrection, as the Prophet (peace and blessings be upon him) said:. Yes.
The questioner : May Allah bless you.
The Shaykh : The hijab is the covering of the face and whatever parts of the body that lead to fitnah (temptation). This is the Shari'ah hijab, contrary to what some people think, namely that the Shari'ah hijab is for the woman to cover her entire body except the face and hands. The evidence from the Book and the Sunnah indicates that it is not permissible for a woman to uncover her face to anyone other than her husband and her mahram (close relatives). We have a treatise on this that we titled "The Hijab", and others have also written treatises on it, and many works have been composed on this matter, praise be to Allah.
As for one who mocks the hijab, if his intention is to mock it as a Shari'ah and a Sunnah from the Sunnah of the Messenger (peace and blessings be upon him), then he is in great danger, and it is feared that this may be apostasy from the religion of Allah, because mocking Allah, His verses, and His Messenger is disbelief, as Allah Blessed and Exalted is He said:
(65) And if you ask them, they will surely say, "We were only conversing and playing." Say, "Is it Allah and His verses and His Messenger that you were mocking?" (66) Make no excuse; you have disbelieved after your belief. If We pardon one faction of you - We will punish another faction because they were criminals.
وَلَئِن سَأَلتَهُم لَيَقولُنَّ إِنَّما كُنّا نَخوضُ وَنَلعَبُ قُل أَبِاللَّهِ وَءاياتِهِ وَرَسولِهِ كُنتُم تَستَهزِئونَ * لا تَعتَذِروا قَد كَفَرتُم بَعدَ إيمانِكُمHowever, if he mocks it not as a Shari'ah, but as a statement chosen by the one who practices it and observes the hijab, then this does not make him a disbeliever, but he has committed a great error. This is because mocking the statement of another scholar, even if you are a scholar, is not permissible as long as the issue is based on ijtihad (independent legal reasoning). Your ijtihad is not more likely to be correct than the ijtihad of the other, and his ijtihad is not more likely to be correct than your ijtihad. The correct opinion in your ijtihad is what agrees with the Book and the Sunnah.
We know that all the good lies in covering the face from non-mahram men, regardless of the indication of the Book and the Sunnah and the correct view regarding the obligation of covering the face. However, from a rational perspective, there is no doubt that covering it is more protective for the woman and further from fitnah. A rational person, when he sees the evil that has befallen societies that do not cover the face, knows that all the good is in covering the face, and that it is obligatory rationally, even if it were assumed that there are no Shari'ah evidences indicating its obligation, whereas in fact there are Shari'ah evidences indicating its obligation, and we have no doubt about that.
Look at those societies: did their women limit themselves to uncovering only the face and hands? No, they uncovered their faces, necks, hair, arms, feet, and legs, and much evil resulted from that. But look at the woman who wears the khimar and covers her face; you will find that she is in safety, security, modesty, and dignity. Those who desire her do not hope for her, and the base do not circle around her. Choose for yourself what you will.
My advice to this man is to repent to Allah Mighty and Majestic for what he has done, and to obligate his family—daughters, sisters, and wives—to cover their faces as indicated by the Shari'ah evidences, so that his women are safe and his religion is safe, and so that he has cared for them with proper care. For a person is responsible for his family on the Day of Resurrection, as the Prophet (peace and blessings be upon him) said:
A man is a shepherd over his family and is responsible for his flock.
الرجل راع في أهله ومسؤول عن رعيتهThe questioner : May Allah bless you.