Jurisprudence of Women’s Issues and Controversies of Qurʾānists: The Veil (Ḥijāb) as a Case Study, ‘Analysis and Critique’

(PhD Thesis Outline)

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1. 1. Topic of the Thesis
2. Goal of the Thesis
3. Novelty in the Thesis
4. An Inductive Descriptive Analytical and Critical Methodology

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Findings:

• Establishing the authority of the infallible Prophetic Sunnah
• Reaching clear definitions regarding the ḥijāb

All of this relies primarily on the Qurʾān alone, and secondarily on both the Qurʾān and the riwāyāt (narrations).

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The Importance of This Thesis Stems From:

1. The fact that several essential fiqh necessities are subject to questioning and may be at risk of neglect or denial. This necessitates a stance on the perspective of Qurʾānists, who characterize themselves as modern, progressive, and Qurʾānic.
2. b) The critical educational and social impacts that arise from denying clear rulings related to fiqh al-marʾah (jurisprudence of women).

 Research Problem:

Our research problem, which we aim to address, pertains to a specific subset of fiqh related to women, and more specifically to the ḥijāb. Qurʾānists adopt unique perspectives on the definition of the Islamic veil (al-ḥijāb al-sharʿī), such as the claim that the ḥijāb consists of covering between the chest, covering the genitals, and covering under the armpits.¹

In this thesis, we discuss the ruling of the veil for a woman in front of a non-maḥram man (ḥukm al-ḥijāb amām al-rajul al-ajnabī) and the controversies of Qurʾānists.

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Critique of the Discussions of Qurʾānists:

1. The methodology and basis for understanding the relationship between the Prophetic Sunnah and the Qurʾān.
2. The perspectives and conclusions they arrive at regarding the ḥijāb.

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Research Questions

Primary Question
What is the fiqhī (juristic) perspective on the ḥijāb? What is the stance on the controversies of Qurʾānists regarding fiqh al-marʾah and specifically the issue of the ḥijāb?

Secondary Questions

1. Who are the Qurʾānists? When did their school emerge, and what are its distinct features?
2. What are the foundational principles of Qurʾānists regarding the Qurʾān and the Sunnah, and what is the scholarly position on them?
3. What are the controversies of Qurʾānists regarding fiqh al-marʾah in general and the ḥijāb in particular, and what critiques have been directed toward their stance on the ḥijāb?
4. What is the perspective of al-sharīʿah al-islāmiyyah (Islamic law) on the ḥijāb?

Research Hypotheses

The scientific analysis will lead us to the following:

1. Proving the authority of the Sunnah in alignment with the authority of the Qurʾān.
2. Refuting the preconceived assumptions of Qurʾānists, such as considering the ḥijāb a product of a patriarchal mindset.
3. Establishing a specific definition for the ḥijāb:
   • The ḥijāb is a clear and established legislation through Qurʾānic verses.
   • The obligatory limits of the ḥijāb can be proven by relying on Qurʾānic verses and authentic riwāyāt (narrations).
   • The limits of the ḥijāb align with the majority opinion requiring covering all except the face and hands before a non-maḥram.

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Novelty in the Research

The novelty of this thesis lies in its discussion of Qurʾānists, their foundational principles, and implications for the ḥijāb. It establishes the authority of both the Qurʾān and Sunnah, providing detailed findings based on this comprehensive discussion. Our primary aim in this thesis is to contribute to knowledge production rather than focusing solely on practical applications.

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Thesis Structure

The thesis comprises an introduction, four chapters, and a conclusion, covering the following:

1. Chapter One: Preliminary Discussions
   • Section One: Explanation of the etymological and terminological meanings of the title’s terms: (fiqh, women, controversies, Qurʾānists, ḥijāb, analysis, critique).
   • Section Two: The Qurʾānists trend – its origins, foundations, and views.
2. Chapter Two: Foundational Principles of Qurʾānists on the Relationship between the Sunnah and the Qurʾān – Analysis and Critique
   • Section One: Issues related to the Qurʾān and noble verses.
   • Section Two: Issues related to the Sunnah and narration.
   • Section Three: Issues related to the Prophet and the Messenger.
   • Section Four: Issues related to the Imams and caliphs.
3. Chapter Three: The Controversies of Qurʾānists on the Veil (Ḥijāb) – Analysis and Critique
   • Section One: Origins of rulings on women from the perspective of Qurʾānists.
   • Section Two: Qurʾānists’ stance on issues of fiqh al-marʾah.
   • Section Three: The ruling of the ḥijāb in Islamic schools of thought.
   • Section Four: Qurʾānists and the ḥijāb issue.
   • Section Five: The verse of the veil (āyat al-ḥijāb).
   • Section Six: The verse on khimār (āyat al-khimār).
   • Section Seven: The verse on jilbāb (āyat al-jilbāb).
   • Section Eight: The verse on women past childbearing age (āyat al-qawāʿid min al-nisāʾ).
4. Chapter Four: Al-Sharīʿah al-Islāmiyyah’s Perspective on the Ḥijāb – Analysis and Explanation
   • Section One: Qurʾānic evidence on the obligation of the ḥijāb.
   • Section Two: Evidence from riwāyāt on the obligation of the ḥijāb.
   • Section Three: Other evidence on the obligation of the ḥijāb.
   • Section Four: Conclusion of the research.
5. Conclusion
   

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Chapter One: Preliminary Discussions

Section One: Explanation of the Etymological and Terminological Meanings of the Title Terms

(Fiqh, Woman, Issues, Qur’āniyyūn, Ḥijāb, Analysis, Critique)

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Sub-Section Four: Qur’āniyyūn Etymologically and Terminologically

1. First: al-Qurʾān Etymologically and Terminologically
   • In summary, “al-Qurʾān” in language refers to the “Noble Revelation” (al-Tanzīl al-ʿAzīz), which is consistent in its terminological meaning. In linguistic usage, it may focus on the gathering and combining of verses, knowledge, or other matters, yet it ultimately refers to combining parts of what was revealed to the Prophet (ṣ) with subsequent parts. Therefore, it is most fitting to define “al-Qurʾān” in both linguistic and terminological contexts as “the Noble Book and Revelation sent down upon our Prophet Muḥammad.”
2. Second: Qurʾāniyyūn Etymologically
   • From the above, it is clear that “Qurʾāniyyūn” (the Qur’anists) refers to those associated with the Qurʾān, similar to how “Ahl al-Kitāb” (People of the Book) are those associated with the Book.
3. Third: Qurʾāniyyūn Terminologically
   • “Qurʾāniyyūn” refers to a group of thinkers focused on studying the verses of the Qurʾān, unified by the idea of relying solely on the Qurʾān in the process of derivation (istinbāṭ). Further elaboration on this group, their origins, principles, and views, will be provided before addressing the controversies related to the jurisprudence of women’s issues.

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Subsection Five: Ḥijāb Etymologically and Terminologically

1. First: Ḥijāb Etymologically
   • In summary, dictionaries do not assign any particular emphasis to the piece of cloth that a woman wears on her head when defining the term “ḥijāb.” Nor do they limit it to clothing. Rather, the term “ḥijāb” applies to clothing insofar as it is one example of the general meaning, which is anything that blocks sight, acts as a barrier, or serves as a cover.[2]
2. Second: Ḥijāb Terminologically
   • In terminological use, it refers to anything that covers a woman’s ʿawrah (private parts) from the view of a non-maḥram (unrelated male).

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Section Two: The Qurʾānist Movement: Its Origins, Principles, and Views

Subsection Two: Proponents of the Qurʾānī Trend

1. Aḥmad Khān
2. Ghulām Aḥmad Parwēz
3. Jaʿfar Shāh Balūārī
4. Chirāgh ʿAlī
5. Aḥmad Ṣubḥī Manṣūr
6. Rashād Khalīfah
7. Muḥammad Shaḥrūr

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Subsection Three: Foundational Principles and Views of Qurʾānists

First: Differentiating between Foundations and Views

The “mabānī” (foundations) represent the overarching principles that the Qurʾānists adopt; these principles do not pertain solely to specific areas of fiqh but influence various domains. In contrast, “al-ārāʾ” (views) refer to specific or partial perspectives that the Qurʾānists adopt regarding particular juristic issues.

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Second: Foundations of the Qurʾānists

1. Reliance on the Qurʾān alone
2. Rejection of al-ḥadīth (the “spoken Sunnah”)
3. Acceptance of the sunnah fiʿliyyah (the “practical Sunnah”)
4. Adherence to the Arabic language as a reference
5. Interpreting the Qurʾān through the Qurʾān itself
6. Rejection of asbāb al-nuzūl (occasions of revelation)
7. Rejection of traditional tafsīr (exegesis) of the Qurʾān
8. Rejection of al-naskh (abrogation) or occasional reinterpretation of it
9. Denial of the ʿiṣmah (infallibility) of the Prophet
10. Belief in the authority of the consensus (ijmāʿ) of contemporary representatives and parliamentarians
11. Viewing numerous legislations as a sign of societal illness

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Third: Summary of Qurʾānists’ Views on General Juristic Matters

1. Obligation of wuḍūʾ for every prayer, even if in a state of ṭahārah (purity)
2. Rejection of the concept of ḥadd al-riddah (the punishment for apostasy)
3. Denial of rajm (stoning) as a punishment for zināʾ (adultery), limiting it to flogging only
4. Permissibility of a woman revealing parts of her body before non-maḥram men if she feels secure about her safety
5. Prohibition of showing concealed adornment in front of paternal and maternal uncles, in-laws, sons, and foster brothers
6. Permissibility of consensual sexual relations under the concept of “milk yamīn” (possession by the right hand, i.e., slave masters and their maidens)
7. Permissibility of drinking alcohol, viewing it as a personal sin
8. Inheritance laws extended to include non-Muslims
9. Considering an “Islamic state” synonymous with a democratic state
10. Rejection of the veneration of the Prophet
11. Viewing the Prophet’s expeditions as acts of enslavement
12. Equating Islām with peace
13. Proclaiming a Muslim woman’s right to marry a peaceful non-Muslim
14. Prohibition of marriage to non-Muslims with harmful behaviour
15. Complete separation between religion and political activity
16. Freedom in choosing religious rituals

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Chapter Two: The Foundational Principles and Controversies of Qurʾānists Regarding the Qurʾān and the Sunnah – Analysis and Critique

• • Section One: Issues related to the Qurʾān and noble verses.
  • Section Two: Issues related to the sunnah and narration.
  • Section Three: Issues related to the Prophet and the Messenger.
  • Section Four: Issues related to the Imams and caliphs.

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Section One: Issues Related to the Qurʾān and Noble Verses

1. First Issue: The Prophet is “makfūf al-yad” (restricted in authority) legislatively.
2. Ninth Issue: Reliance on Allah necessitates reliance on the Qurʾān alone.
3. Twelfth Issue: There is no revelation other than the Qurʾān.

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Second Topic: Issues Related to the Sunnah and Narration

1. First Issue: Following the sunnah is following speculation and abandoning certainty.
2. Ninth Issue: Rejection of the “sunnah qawliyyah” (verbal sunnah).

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Chapter Three: The Controversies of Qurʾānists Regarding the Veil (Ḥijāb) – Analysis and Critique

• Section One: Origins of the Rulings of Women’s Issues According to Qurʾānists
• Section Two: Qurʾānists’ Stance on the Fiqh of Women’s Issues
• Section Three: The Ruling of Ḥijāb According to Islamic Madhāhib
• Section Four: Qurʾānists and the Issue of Ḥijāb
• Section Five: The Verse of the Veil (Āyat al-Ḥijāb)
• Section Six: The Verse of Striking the Cover (Āyat Ḍarb al-Khimār)
• Section Seven: The Verse of Drawing the Outer Garments (Āyat Idnāʾ al-Jalābīb)
• Section Eight: The Verse of Older Women (Āyat al-Qawāʿid min al-Nisāʾ)

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Section Three: The Ruling of Ḥijāb According to Islamic Schools of Thought

Specifically, regarding the ruling on covering the face and hands after establishing the basic obligation of the ḥijāb:

1. Covering According to the Imāmiyyah: The prevalent view among them is that covering the face and hands is not obligatory unless it leads to temptation (rība) or lust (taladhdhudh). In al-ʿUrwah al-Wuthqā, it states:

“It is obligatory for a woman to cover her entire body from anyone other than her husband and maḥārim, except for the face and hands, provided there is no temptation or lust involved. If there is, then covering is obligatory, and even looking is forbidden, including for maḥārim, [even] with regard to the face and hands.”[3]

Some have issued an obligatory precaution (iḥtiyāṭ wujūbī) to cover the face and hands, as mentioned in the footnote to the previous ruling in al-ʿUrwah:

“The obligatory precaution is to cover the face and hands entirely from non-maḥārim.”[4]

Some jurists have commented on this precaution with the phrase “lā yutrak” (it should not be neglected), including al-Gulpāyigānī, al-Khūʾī, al-Ḥakīm, al-Burūjirdī, Āl Yāsīn, and al-Shīrāzī. Al-Sayyid al-Khūʾī also stated “lā yutrak”[5] in his book al-ʿUrwah al-Wuthqā maʿ al-Taʿlīqāt.[6]

1. Covering According to the Ḥanafiyyah: The face and hands are not considered ʿawrah (parts that must be covered), so covering them is not obligatory. Some permit uncovering the feet and forearms up to the elbows.
2. Covering According to the Mālikiyyah: The face and hands are not considered ʿawrah, as stated, so looking at them is permissible.
3. Covering According to the Shāfiʿiyyah: There are varying views among Shāfiʿī scholars, with some considering the entire body of a woman to be ʿawrah, while others do not include the face and hands. Imam al-Shāfiʿī stated in his book al-Umm:

“The entire body of a woman is ʿawrah, except for her face and hands. The back of her feet is also ʿawrah.”[7]

1. Covering According to the Ḥanābilah: The dominant view is that a woman’s entire body is ʿawrah, including her nails. However, there are differing views transmitted from them:
   • Aḥmad ibn Ḥanbal stated, “Every part of her — meaning the free woman — is ʿawrah, even her nail.”

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Section Four: Qurʾānists and the Issue of Ḥijāb

Subsection Two: The History of the Ḥijāb According to the Qurʾānists

1. First Point: the Ḥijāb as a Cultural, Not Religious, Garb
2. Second Point: Sin and the Historical Issue of Ḥijāb According to Shaḥrūr (al-Khaṭīʾah wa Tārīkh Masʾalat al-Ḥijāb ʿind Shaḥrūr)
3. Third Point: The Garb of Free Women Historically According to Shaḥrūr (Libās al-Ḥurrah Tārīkhiyyan Ḥasb Shaḥrūr)

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Section Five: The Verse of Ḥijāb

[Al-Aḥzāb: 53].
(O you who believe, do not enter the houses of the Prophet unless you are given permission for a meal, not awaiting its preparation; but when you are invited, then enter; and when you have eaten, disperse without seeking to remain for conversation. Indeed, that was troubling the Prophet, and he is shy of [dismissing] you, but Allah is not shy of the truth. And when you ask [his wives] for something, ask them from behind a partition. That is purer for your hearts and their hearts. And it is not [conceivable or lawful] for you to harm the Messenger of Allah or to marry his wives after him, ever. Indeed, that would be in the sight of Allah an enormity.)

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Subsection One: Regarding the Reason for the Revelation of the Verse

• Shaḥrūr’s Claim that the Verse is Exclusive to the Prophet’s Wives
  • The Marriage of Zaynab bint Jaḥsh
  • Sharing a Meal with the Prophet and ʿUmar
  • “If you were to put a partition (Ḥijāb) [O Prophet saw], because your wives are not like other women”

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Subsection Two: What the Qurʾānists Derive from the Verse of Ḥijāb

al-ʿAshmāwī holds that the verse commands the placement of a screen between the Prophet’s wives and the believers when conversing with them or requesting something from them, such that neither party can see each other—not the face, body, or any part thereof.[8] al-ʿAshmāwī, Shaḥrūr, and ʿUmar Abū Raṣāʿ all believe that this ruling applies exclusively to the Prophet’s wives.

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Discussion

Is it permissible to generalize this ruling to other women by virtue of adhering to the reasoning in the verse of ḥijāb: {“aṭ-haru li-qulūbikum wa-qulūbihinna”} (that is purer for your hearts and their hearts)?

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Section Six: The Verse of Drawing [down] the Khimār

The verse of striking the khimār and the preceding verse are as follows:

[Al-Nūr: 30-31].
(Say to the believing men to lower their gaze and guard their chastity; that is purer for them. Indeed, Allah is All-Aware of what they do. And say to the believing women to lower their gaze and guard their chastity, and not display their adornment except what [ordinarily] appears thereof. And let them draw their khimārs over their juyūb (cleavage /top part of a woman’s chest / their bosoms)  and not display their adornment except to their husbands or their fathers, or the fathers of their husbands, or their sons, or the sons of their husbands, or their brothers, or their brothers’ sons, or their sisters’ sons, or their women, or what 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.)

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Subsection One: The Two Verses on Lowering the Gaze Are Subject to Customs and Traditions

Discussion

The instruction to lower the gaze pertains to certain parts of the body, but what extent is implied?
The absence of a specific object [to lower one’s gaze from] allows for multiple interpretations. One interpretation suggests that the matter is left open for determination according to custom. Another interpretation is that the unspecified object implies that the instruction to lower the gaze applies clearly to what Allah has prohibited, in alignment with commonly understood customs, familiarity, and the contextual relevance of the command and subject matter.

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Subsection Five: Shaḥrūr’s Theory on Juyūb

• Shaḥrūr: Covering is only required for the juyūb.
• Shaḥrūr: Juyūb in a woman consists of two layers, or two layers with openings.
  • In summary, what a woman must cover from a non-maḥram man includes the chest, underarms, and lower juyūb. More specifically: “the opening of the chest, underarms, genitals, and rear end.”[9]

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Discussion

Shaḥrūr assumes a hypothetical scenario in which the woman is uncovered and interprets the verse as commanding her to cover only the juyūb. However, the verse addresses a society that was not unclothed; it speaks to modifying an existing dress code that was prevalent at the time. The verses address an objective reality and cannot be isolated from it. Even if jurists interpret the juyūb specifically as the chest, this does not support Shaḥrūr’s argument, as it does not imply exemption from covering other juyūb.

1. Positive Statement: “The juyūb to be covered in the verse includes the chest.”
2. Negative Statement: “There is no requirement to cover other parts of the body besides the chest,” which cannot be asserted at all, neither by the noble verse nor by the words of the jurists.

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Chapter Four: The Islamic Sharīʿah’s Perspective on Ḥijāb – Analysis and Explanation

Section One: Qurʾānic Evidence for the Obligation of Ḥijāb

Section Two: Evidence from Narrations for the Obligation of Ḥijāb

Section Three: Other Evidence for the Obligation of Ḥijāb

Section Four: Results and Conclusions of the Research

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Discussion on Ḥijāb within the Following Topics

1. Qurʾānic Evidence
2. Evidence from Narrations
3. Other Evidence:
   • Reason (al-ʿAql)
   • Consensus (al-Ijmāʿ)
   • Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah)
   • Accepted Religious Necessity (al-Tasālum wa al-Ḍarūrah al-Dīniyyah)
   •  Necessity of Human Rulings That Are Based on “Natural Disposition” (Ḍarūrat al-Aḥkām al-Insāniyyah “al-Fiṭrah”)

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Section One: Qurʾānic Evidence for the Obligation of Ḥijāb

This section examines the following verses:

1. Āyat al-Ḥijāb (The Verse of Ḥijāb / partitioning with a veil)
2. Āyat al-Mustathnīn min Iẓhār al-Zīnah (The Verse of Those Exempt from Displaying Adornment)
3. Āyat Idnāʾ al-Jalābīb (The Verse of Drawing the Cloaks)
4. Āyat Ḍarb al-Khumur (The Verse of Drawing down the Khimār)
5. Āyat al-Qawāʿid min al-Nisāʾ (The Verse of Women Past Childbearing Age)
6. Āyat al-Istiʾdhān (The Verse of Seeking Permission)

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Subsection One: Deduction from the Verse of Ḥijāb

[Al-Aḥzāb: 53].
(O you who believe, do not enter the houses of the Prophet unless you are given permission for a meal, not awaiting its preparation; but when you are invited, then enter; and when you have eaten, disperse without lingering for conversation. Indeed, that was troubling the Prophet, and he is shy of [dismissing] you, but Allah is not shy of the truth. And when you ask his wives for something, ask them from behind a partition. That is purer for your hearts and their hearts. And it is not [conceivable or lawful] for you to harm the Messenger of Allah or to marry his wives after him, ever. Indeed, that would be in the sight of Allah an enormity.)

The concept of covering before non-maḥram men generally entails wearing concealing clothing. This requirement is broad and lacks precise specificity. However, if we consider the verse in isolation from any additional context, it indicates the necessity for complete covering for the Prophet’s wives—meaning covering the body, head, neck, and limbs, including the face or most of it, except for an opening to allow one eye to be visible when the need arises. al-Zuḥaylī, in his tafsīr, notes regarding Āyat Idnāʾ al-Jalābīb:

“Ibn ʿAbbās said, ‘Allah commanded the believing women, when they go out of their houses for a need, to cover their faces from above their heads with their cloaks, showing only one eye.’ Muḥammad ibn Sīrīn reported from Ibn Jarīr that he asked ʿUbaydah al-Salmānī about Allah’s statement, (yudnīna ʿalayhinna min jalābībihinna),[10] so he covered his face and head and exposed his left eye.”[11]

 

First Point: The Tacit Connotation (Implied Meaning) of the Command in the Verse

The command in the verse, despite being directed toward men (fa-sʾalūhunna min warāʾ ḥijābin) [Al-Aḥzāb: 53], is similar to relational rulings such as paternity, which cannot exist without parenthood, or superiority, which implies subordination. The apparent meaning of the verse—especially considering the reasoning of purity for both parties—is the ruling requiring a barrier between men and the Prophet’s wives.

 

Second Point: Generalizing the Ruling to Other Women

The verse is explicit in explaining the rationale through its phrase (that is purer for your hearts and their hearts). The ruling inferred here is the obligation of ḥijāb, meaning a covering barrier between “the Prophet’s wives and men.” This ruling divides into two aspects: “the prohibition of a non-maḥram man looking at them” and “the requirement for them to cover from non-maḥram men.”

The purification of the heart here is expected from all believing men just as it is expected from the Prophet’s wives. The shared factor between men and the Prophet’s wives is faith and religiosity: (O you who believe). This principle itself extends the ruling to all believing women.

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Subsection Two: Deduction from the Verse of Those Exempt from Displaying Adornment

[Al-Aḥzāb: 55].
(There is no blame upon them [i.e., the Prophet’s wives] concerning their fathers, their sons, their brothers, their brothers’ sons, their sisters’ sons, their women, or those their right hands possess. And fear Allah. Indeed, Allah is Ever-Witness over all things).

This verse specifies exceptions to the rule of concealing adornment, clarifying that certain close male relatives and women are exempt from the requirement of ḥijāb. The verse emphasizes the protective context in which women are allowed to reveal their adornment without compromising modesty, as these relations are unlikely to lead to temptation.

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Subsection Three: Deduction from the Verse of Drawing the Cloaks

[Al-Aḥzāb: 59].
(O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful.)

According to the discussions regarding the “Occasions of Revelations”, this verse was revealed in response to misconduct by some immoral men in Madinah, who would harass women as they went out for their needs. The verse instructs the Prophet’s wives and free Muslim women to adopt a particular mode of dress to distinguish themselves from enslaved women and to protect their dignity. It suggests that by covering themselves with outer garments, women are less likely to attract negative attention and thus receive respect and protection.

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The Meaning of Jilbāb

Based on the words of linguists combined with the statements of exegetes, it can be inferred that the jilbāb is a wide garment that is worn over the khimār (head covering). This garment is loose enough to be adjusted and drawn down due to its width, covering the head and an important part of the woman’s body, with the most certain portion of this area being her upper attractions. The garment can also be adjusted to cover the face if needed.

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Fourth Point: The Ruling Derived from Āyat al-Jalābīb

From the previous discussion, it can be deduced that it is obligatory for a woman to cover her head, hair, chest, attractions, arms, and the rest of her body. This ruling is based on combining this verse with the customary dress of women, even if we assume that Āyat Ḍarb al-Khumur (the verse commanding to cover with the khimār) was revealed after Āyat al-Jalābīb.[12]

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Subsection Four: Deduced evidence from the verse of ‘drawing down the khimar’ (Āyat Ḍarb al-Khumur)

The verse of Ḍarb al-Khumur and the preceding verse are as follows:

[Al-Nūr: 30-31].

(Say to the believing men to lower their gaze and guard their private parts; that is purer for them. Indeed, Allah is Acquainted with what they do. And say to the believing women to lower their gaze and guard their private parts and not expose their adornment except that which [necessarily] appears thereof. And let them draw [down] their khimārs 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, 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).

From this, it is clear that the khimār indicates something that covers the head. This usage extended to include the turban of a man. Ibn Manẓūr said:

“In the hadith of Umm Salamah, it was mentioned that he would wipe over his khuff (leather socks) and khimār. She intended khimār as the turban because a man covers his head with it, just as a woman covers her head with her khimār.”[13]

In summary, the confirmed parts covered by a woman’s khimār include her head, hair, temples, ears, a customary portion of the cheeks, the area below the chin, and the upper neck—i.e., those areas typically covered when the khimār is drawn and wrapped around the head.

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Third: The Term “Jayb” (Cleavage / Opening of top part of a woman’s chest)

In the discussion on Shaḥrūr’s interpretation of “juyūb” (plural of jayb), it was clarified that the term jayb refers to the collar of a shirt or garment according to common Arabic usage. The verse was revealed to specify a practical action: at that time, women wore garments, including khimārs covering the head, which were often draped over the back. The verse commanded them to lower it forward to cover their chests.

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Subsection Five: Deduction from Āyat al-Qawāʿid min al-Nisāʾ

[Al-Nūr: 60].

(And the women past childbearing, who do not expect marriage—there is no blame upon them for putting aside their garments, but not displaying adornment. But to modestly refrain [from that] is better for them. And Allah is Hearing and Knowing).

First Point: General Explanation of the Verse

The qawāʿid min al-nisāʾ refers to elderly women who are no longer expected to menstruate, marry, or bear children, and thus are not typically desired due to their advanced age.

As mentioned earlier in this chapter, the narrations distinguish between different rulings for elderly women based on whether they are significantly aged or not. For a significantly aged woman, it is permissible to remove both the jilbāb (outer garment) and khimār (head covering), allowing her to uncover her hair or refrain from covering it completely. However, for a less aged woman, only the jilbāb can be removed, while she should keep the khimār, which covers the head, hair, neck, upper chest, and shoulders. Therefore, the exemption applies solely to the jilbāb.

As for Allah’s statement, “But to modestly refrain [from that] is better for them”, al-Qummī’s interpretation explains it as: “That they should not reveal themselves to men”.[14] Al-Marāghī further comments: “And if they refrain from putting aside their cloaks and outer garments and continue to wear them, that is better for them than removing them, as it keeps them further from suspicion.”[15]

 

Point Two: Deduction of Ḥijāb from the Verse of Women Past Childbearing Age

Through the concept expressed in the verse of al-qawāʿid min al-nisāʾ: “If the woman is among those past childbearing age who no longer desire marriage, then it is permissible for her to lay aside certain garments in the presence of non-maḥram men.” The implication here is that if a woman is not from among those past childbearing age, she is not permitted to lay aside these garments in the presence of a non-maḥram man. This suggests that a woman must wear the khimār (head cover) and jilbāb (outer garment) before non-maḥram men. This interpretation refers us back to the previously discussed verses on the jilbāb and khimār, showing that what Āyat al-Qawāʿid establishes corresponds with the requirements of the other two verses combined. Therefore, the amount that must be covered in the presence of a non-maḥram is what is typically concealed by the jilbāb and khimār.

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Second Topic: Evidence from Narrations on the Obligation of Ḥijāb

The discussion on this topic follows by classifying the narrations into several categories:

1. Narrations on the use of Perfume and Anklets
2. Narrations on Greeting Women
3. Narrations on Women Being Exempt from Trotting [during the saʿī in Ḥajj] and Touching the Black Stone
4. Narrations regarding the use of Public Baths
5. Narrations Regarding Sending One’s Wife to the Bath and [Advice Regarding the] Wearing of Thin Garments
6. Narrations That Refer to Women as ʿAwrah [i.e., must observe modesty by concealing their bodies]
7. Narrations on the parts of the bodies [ʿAwrah] of Men and Women [that must be concealed]
8. Narrations on Looking at Female Slaves
9. Narrations on Looking at Non-Muslim, Insane, or Non-Compliant Women
10. Narrations on Bearing Witness Against Women
11. Narrations on the Manner and Etiquette of a Woman’s Prayer
12. Narrations on Treating Women
13. Narrations on Washing a Deceased Woman
14. Narrations on a Woman Uncovering Her Face During Iḥrām
15. Narrations on Women Past Childbearing Age
16. Narrations on ʿAwrah in Front of a Male Servant
17. Narrations on Attendants Without Desire
18. Narrations on a Woman’s ʿAwrah in Prayer
19. Narrations on Looking at a Woman During Proposal
20. Narrations on Looking at a Woman’s Hair
21. Narrations on Looking at a Non-Maḥram Woman
22. Narrations on Defining Adornment
23. Narrations on Looking with Suspicion

This categorization helps organize the various narrations addressing aspects of ḥijāb, modesty, and interactions between men and women, providing a comprehensive basis for understanding the obligations and guidelines in Islamic jurisprudence.

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Section Three: Various Evidence Regarding the Obligation of Ḥijāb

• Subsection One: Rational Evidence
• Subsection Two: Evidence from Consensus
• Subsection Three: Practice of the Devout Muslims During the Times of the Infallibles
• Subsection Four: Accepted Religious Necessity
• Subsection Five: Necessity of Human Rulings “Natural Disposition”

Section Four: Conclusions from the Research

Subsection One: Specifications and Rulings

From the preceding discussions, the following specifications can be derived, outlined under these headings:

1. Ḥudūd al-Ḥijāb (Limits of Ḥijāb)
   From this, we conclude that the obligatory ḥijāb for a woman, in the Islamic view, is to cover the following:

1. 1. al-Sawʾatayn (the front and rear private parts)
   2. al-Badan (the body)
   3. al-Raʾs wa al-Shaʿr (the head and hair)
   4. al-Raqabah wa al-Manḥar (the neck and upper chest near the neck)
   5. al-Dhirāʿayn (the arms)
   6. al-Qadamayn (the feet): to the extent that the garment covers them when walking
   7. She must avoid provocative behaviour toward men that may incite temptation.
   8. Similarly, men are obligated to lower their gaze and refrain from looking at these parts, or any other body parts with lustful intent.

This specification represents the obligatory ḥijāb in front of a non-maḥram man.

1. 1. Meaning of Khimār
   2. Meaning of Jilbāb
   3. Meaning of Jayb
   4. Meaning of Apparent Adornment
   5. Meaning of Concealed Adornment
   6. Meaning of ʿAwrah
   7. Meaning of Private Parts
   8. Veiling of the Prophet’s Wives from Non-Maḥrams
   9. Veiling of the Prophet’s Wives from Their Maḥārim
   10. Veiling of a Free Woman from Non-Maḥram Men
   11. Veiling of a Female Slave
   12. Male Attendants Without Desire
   13. Private Parts in the Presence of Male Attendants Without Desire
   14. The Child Who Has Not Become Aware of the Private Parts of Women
   15. A Woman’s Private Parts in the Presence of Discerning Children
   16. A Woman’s Private Parts in the Presence of Non-Discerning Children
   17. A Woman’s Private Parts in the Presence of Maḥārim
   18. A Woman’s Private Parts in the Presence of Other Women
   19. A Woman’s Private Parts in the Presence of a Male Slave
   20. Meaning of Women Past Childbearing Age
   21. Veiling for Women Past Childbearing Age
   22. A Woman’s Private Parts and Her Veiling in Prayer

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Subsection Two: Evidence for a Woman’s Veiling from Non-Maḥram Men

1. Table of Detailed Evidence

 

Body Parts of a Woman That Must Be Covered	Evidence Supporting This Ruling
al-ʿAwrah al-Mughallaẓah (Private Parts – front and rear)	1. Āyat al-Ḥijāb (The Verse of Ḥijāb) – deriving evidence from definitive priority 2. Āyat al-Jalābīb (The Verse of Cloaks) – deriving evidence from definitive priority 3. Āyat Ḍarb al-Khumur (The Verse of Striking the Khimār) 4. The concept in Āyat al-Qawāʿid min al-Nisāʾ (The Verse of Women Past Childbearing Age) – deriving evidence from definitive priority 5. Āyat al-Istiʾdhān (The Verse of Seeking Permission) 6. Narrations about greeting women – considering that looking at the private parts is a definite cause of temptation 7. Narrations on exemptions for women from trotting and touching the Black Stone – as definitive sources indicating what might cause temptation and arousal 8. Narrations on the ḥammām (public bath) – by prioritizing or eliminating specificity 9. Narrations on sending one’s wife to the bathhouse and wearing thin clothes 10. Narrations referring to women as ʿawrah (object of concealment) 11. Narrations discussing the ʿawrah of men and women 12. Narrations on looking at non-Muslim women, insane women, and those who do not comply if prohibited 13. Narrations on how a woman prays and the etiquettes of her prayer 14. Narrations on treating a woman 15. Narrations on washing a deceased woman 16. Narrations on a woman uncovering her face during iḥrām 17. The concept from narrations about women past childbearing age – deriving evidence from definitive priority 18. Narrations on a woman’s ʿawrah in front of a servant or slave 19. The concept from narrations regarding attendants without sexual desire 20. The concept in narrations about looking during engagement – deriving evidence from priority 21. Narrations about looking at a woman’s hair – deriving evidence from priority 22. Narrations on looking at non-maḥram women 23. Narrations defining adornment – deriving evidence from priority 24. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah) 25. Accepted religious necessity (al-tasālum wa al-ḍarūrah al-dīniyyah) 26. Necessity of human rulings (al-fiṭrah) – although this evidence may be debatable
Badan al-Marʾah (Woman’s Body)	1. Āyat al-Ḥijāb 2. Āyat al-Jalābīb 3. The concept in Āyat al-Qawāʿid min al-Nisāʾ 4. Narrations on sending one’s wife to the bathhouse and wearing thin clothes 5. The concept in narrations on looking at non-Muslim and insane women and those who do not comply if prohibited 6. Narrations on how a woman prays and her prayer etiquette 7. Narrations on treating a woman 8. Narrations on washing a deceased woman 9. Narrations on a woman uncovering her face during iḥrām 10. Narrations on women past childbearing age 11. Narrations on a woman’s ʿawrah in front of a servant or slave (Ṣaḥīḥa Muḥammad ibn Isḥāq) 12. The concept in narrations on attendants without sexual desire 13. The concept in narrations about looking during engagement 14. Narrations on looking at a woman’s hair – deriving evidence from priority 15. Narrations defining adornment 16. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah) 17. Accepted religious necessity (al-tasālum wa al-ḍarūrah al-dīniyyah)
Raʾs al-Marʾah wa Shaʿruhā (Woman’s Head and Hair)	1. Āyat al-Ḥijāb 2. Āyat al-Jalābīb 3. Āyat Ḍarb al-Khumur (including the obligation to cover the temples, ears, and commonly exposed parts of the cheek) 4. The concept in Āyat al-Qawāʿid min al-Nisāʾ 5. Narrations on looking at female slaves 6. Narrations on looking at non-Muslim and insane women and those who do not comply if prohibited (suggesting that hair in particular should be covered) 7. Narrations on washing a deceased woman 8. Narrations on a woman uncovering her face during iḥrām 9. Narrations on women past childbearing age 10. Narrations on a woman’s ʿawrah in front of a servant or slave (Ṣaḥīḥa Muḥammad ibn Isḥāq) 11. The concept in narrations on attendants without sexual desire 12. The concept in narrations about looking during engagement 13. Narrations on looking at a woman’s hair 14. Narrations defining adornment 15. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah) 16. Accepted religious necessity (al-tasālum wa al-ḍarūrah al-dīniyyah)
Ṣadr al-Marʾah (Woman’s Chest)	1. Āyat al-Ḥijāb 2. Āyat al-Jalābīb 3. Āyat Ḍarb al-Khumur 4. The concept in Āyat al-Qawāʿid min al-Nisāʾ 5. Narrations on greeting women (indicating the obligation to cover a woman’s upper attractions as definitive causes of temptation) 6. Narrations on exemptions from trotting and touching the Black Stone (upper attractions of women as definitive causes of temptation) 7. Narrations referring to women as ʿawrah (upper attractions are a definitive part that must be covered) 8. Narrations on how a woman prays and her prayer etiquette 9. Narrations on washing a deceased woman 10. Narrations on a woman uncovering her face during iḥrām 11. The concept in narrations on women past childbearing age 12. Narrations on a woman’s ʿawrah in front of a servant or slave (Ṣaḥīḥa Muḥammad ibn Isḥāq) 13. The concept in narrations on attendants without sexual desire 14. The concept in narrations about looking during engagement 15. Narrations on looking at a woman’s hair (by practical implication, with the chest commonly covered when the head is covered with the khimār) 16. Narrations defining adornment 17. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah) 18. Accepted religious necessity (al-tasālum wa al-ḍarūrah al-dīniyyah)
Raqabat al-Marʾah wa Manḥarhā (Woman’s Neck and Upper Chest)	1. Āyat al-Ḥijāb 2. Āyat Ḍarb al-Khumur (covering under the chin as commonly covered by the khimār) 3. The concept in Āyat al-Qawāʿid min al-Nisāʾ 4. Narrations on greeting women (indicating the obligation to cover upper attractions as definitive causes of temptation) 5. Narrations on exemptions from trotting and touching the Black Stone (upper attractions of women as definitive causes of temptation) 6. Narrations referring to the woman as ʿawrah — upper attractions require covering. 7. Narrations on how a woman prays and prayer etiquette. 8. Narrations on washing a deceased woman. 9. Narrations on uncovering a woman’s face during iḥrām. 10. Concept in narrations on women past childbearing age. 11. Narrations on ʿawrah in front of a servant or slave (Ṣaḥīḥa Muḥammad ibn Isḥāq). 12. Concept in narrations on attendants without sexual desire. 13. Concept in narrations on looking during engagement. 14. Narrations on looking at a woman’s hair — by practical implication, as the neck and upper chest are typically covered with the khimār; and by customary association between head and neck rules. 15. Narrations defining adornment. 16. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah). 17. Accepted Religious Necessity (al-tasālum wa al-ḍarūrah al-dīniyyah).
Arms – Dhiraʿā al-Marʾah	1. Āyat al-Ḥijāb (Verse regarding the veiled partition) 2. Āyat al-Jalābīb (Verse of Cloaks). 3. Concept in Āyat al-Qawāʿid min al-Nisāʾ. 4. Concept in narrations on looking at non-Muslim, insane women, and those who do not comply if prohibited. 5. Narrations on washing a deceased woman. 6. Narrations on uncovering a woman’s face during iḥrām. 7. Concept in narrations on women past childbearing age. 8. Narrations on ʿawrah in front of a servant or slave. 9. Concept in narrations on attendants without sexual desire. 10. Concept in narrations on looking during engagement — obligation to cover arms and wrists. 11. Narrations defining adornment — includes wrists. 12. Practice of the Devout (sīrat al-mutasharriʿah).
Feet – Qadamā al-Marʾah	1. General wording of Āyat al-Ḥijāb. 2. Narrations defining adornment — prohibited to display intentionally, and not to look at them; allowance for unintentional exposure while walking, with limited gaze. 3. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah) — covering to the extent concealed by the garment as it falls while walking, with intentional exposure being prohibited.
Prohibition of Lust, Suspicion, and Temptation Taḥrīm al-Shahwah wa al-Rība wa al-Fitnah	1. Āyat al-Ḥijāb. 2. Narrations on perfume and anklets. 3. Narrations on greeting a woman. 4. Narrations on exemptions from trotting and touching the Black Stone for women. 5. Narrations on sending one’s wife to the bathhouse and wearing thin clothing. 6. Narrations referring to the woman as ʿawrah. 7. Narrations on looking during engagement. 8. Narrations on looking at a non-maḥram woman. 9. Narrations on looking with suspicion or desire — prohibiting lustful gaze and enticing sounds, including initial permissibility such as looking at the face and hands with lust. 10. Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah).

 

 

1. Summary of the Limits and Evidence of Obligatory Ḥijāb

Badan al-Marʾah (Body of the Woman)

• 3 Āyāt (Verses)
• 12 Groups of Narrations
• Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah)
•  Accepted Religious Necessity (al-tasālum wa al-ḍarūrah al-dīniyya)

 

al-ʿAwrah al-Mughallaẓah (Intimate Private Parts)

• 2 Āyāt (Verses)
• 13 Groups of Narrations

 

Ḥijāb al-Marʾah min al-Shahwah wa al-Fitnah (Veiling of the Woman Against Lust and Temptation)

• 5 Āyāt (Verses)
• 8 Groups of Narrations

 

al-ʿAyn (Eyes)

• 3 Āyāt (Verses)
• 8 Groups of Narrations

 

al-ʿAql (Reason)

• 3 Āyāt (Verses)
• 7 Groups of Narrations

 

Tasālum wa Ḍarūrah Dīniyyah (Accepted Religious Necessity)

• 5 Āyāt (Verses)
• 18 groups of Narrations
• Practice of the Devout Muslims During the Times of the Infallibles (sīrat al-mutasharriʿah)
•  Natural Ruling (ḥukm al-fiṭrah)

 

Footnotes

¹ This view is adopted by figures such as Dr. Shahrūr, and will be elaborated upon in detail.

² Not specifically for the body, but rather a covering in the broader sense.

³ Yazdī, Muḥammad Kāẓim: al-ʿUrwah al-Wuthqā (al-Muḥashshā), vol. 2, p. 317. The muḥashshī (commenting jurist) — numbering 15 — did not comment on the obligation of “covering the entire body except the face and hands.”

⁴ Yazdī, Muḥammad Kāẓim: op. cit., vol. 2, p. 317, footnote 4.

⁵ Yazdī, Muḥammad Kāẓim: al-ʿUrwah al-Wuthqā maʿ al-Taʿlīqāt, vol. 1, p. 451, footnote 8.

⁶ Including the comments of al-Khumaynī, al-Khūʾī, al-Gulpāyigānī, and Makārim al-Shīrāzī.

⁷ al-Shāfiʿī al-Makkī, Muḥammad ibn Idrīs: al-Umm, vol. 1, p. 89.

⁸ op. cit., p. 15, with modification.

⁹ Shaḥrūr, Muḥammad: Naḥwa Uṣūl Jadīdah li al-Fiqh al-Islāmī, p. 377.

¹⁰ Al-Aḥzāb: 59.

¹¹ al-Zuḥaylī, Wahbah ibn Muṣṭafā: al-Tafsīr al-Munīr fī al-ʿAqīdah wa al-Sharīʿah wa al-Manhaj, vol. 22, p. 107.

¹² If we assume the opposite, then what could be inferred from the verse of the jilbāb, considering its role in completing what is lacking in a woman’s attire, is the obligation for a woman to cover below her chin, the upper part of her neck, and her upper chest as well.

¹³ Ibn Manẓūr, Muḥammad ibn Makram: Lisān al-ʿArab, Vol. 4, pp. 257-258.

¹⁴ al-Qummī, ʿAlī ibn Ibrāhīm: Tafsīr al-Qummī, Vol. 2, p. 108.

¹⁵ al-Marāghī, Aḥmad ibn Muṣṭafā: op. cit.