Search »

Advanced Search »

`Eid Al-Adha 1430: Share & Care (New)
Hajj Without Harm (New)

10 Blessed Days (Page)

Udhiyyah: Rules & Merits (10+ Fatwas)

10+ Fatwas Series

Shari`ah & Humanity

Friday Khutbahs

Religious Pages

Live Fatwas

Live Dialogues

Shari`ah Forum

Living Shari`ah

Services

Last Update: 04:16 GMT, Wednesday, Nov. 25, 2009

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Name of Questioner

M. S   - United States

Title

When the Niqab Conflicts with the Law

Question

As-Salamu `alaykum. I was watching a TV program that broadcasts some court cases. When I tuned to this channel, it was about a Muslim woman who is suing the State of Florida's Vehicle and License Department because it asked her to remove her face veil (niqab) so that an ID photo can be taken. One of the Muslim leaders in that state was on the cross-examination and argued that the woman can remove her niqab only in case of death!

What would you say to Muslim women who live in the West generally and in the US particularly about the issue of niqab? Is it so difficult to remove the niqab that she must file a case against the State, which doesn't even require her to uncover her hair, as some states do require for the drivers' license?

Date

03/Jun/2003

Name of Counsellor

Rif`at Fawzi `Abd Al-Muttalib, Muhammad Iqbal Nadvi

Topic

Dress & Adornment

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother, we commend your eagerness to become well acquainted with the teachings of Islam, which is the way Allah has chosen for the welfare of His servants.

As for your question, bear in mind that the majority of Imams — including those of the four schools of fiqh as well as others — hold the opinion that a woman is not obliged to cover her face and hands. However, a group of scholars, the majority of whom belong to the Hanbali School, teach that a woman must cover her face and hands as well.

It goes without saying that Muslims precede others in keeping the public interest and security of the nation. Therefore, if the law governing a given country requires uncovering the face of the woman for genuine reasons, such as identification, the Muslim woman, like all other women, abides by the law.

In response to your question, the prominent Muslim scholar, Sheikh Muhammad Iqbal Nadvi, Imam of Calgary Mosque, Alberta, Canada, and Former Professor at King Saud University, Riyadh, Saudi Arabia, states:

“The issue of niqab (covering the whole body including the face and hands) is a basic condition of hijab (Muslim woman’s dress) in one school of fiqh, while it is recommended part of hijab in other schools. But what is agreed upon in all schools is to remove the niqab[i.e., to uncover the face]) for some genuine reasons such as identification or medical purpose.

The case you mentioned may be a reason to remove the niqab if the police officer is in need to do so, and there is a legal requirement by the law to show the face, regardless of the faith and this applies to all faiths.

However, this should not be a way of discrimination against a veiled woman just to tease her. Therefore, the sister has to insist on her right to use niqab and fight for this right IF she is targeted for discrimination and the law does not require showing the face.”

Dr. Rif`at Fawzi, professor of Shari`ah at Cairo University, adds:

“It is permissible, as far as Shari`ah is concerned, to remove the niqab (face cover) for some genuine reasons such as identification or to get a photo for ID or driving license.

Therefore, if a Muslim woman is asked to remove the face cover to get a photo for such genuine reasons, then she is permitted to do so and Almighty Allah will forgive such matters. Added to that, she will keep the photo and such matters are pardoned for the facilitation of the affairs of people.”

You can read also:

Hijab: Always A Woman’s Business?

If you are still in need of more information, don't hesitate to contact us. Do keep in touch. May Allah guide us all to the straight path!

Allah Almighty knows best.

 

Print Send to a friend

1430: Hajj Without Harm

10 Blessed Days (Page)

Al-Quds: The Olive City (Folder)

 

Your Mufti

Your Contribution

 

 

 

 



 

News | Living Shari`ah | Health & Science | Politics in Depth | Discover Islam | Family | Art & Culture | Youth

 

About Us | Speech of Sheikh Qaradawi | Contact Us | Advertise | Support IOL | Site Map