HIJAB LAW AND LOOKING

HIJIAB LAW AND LOOKING

By: M. Zamroni

1.      View the Women's Legal Ajnabiyat 

Islamic law forbids women looked ajnabiyat. Therefore, for a man looks at a woman is not permitted other than his wife or mahramnya. The views of a sudden, it does not lead to sin or sanctions. Because it is so beyond human will. While God does not burden us with the things that we do not mampui.Therefore, God does not command us to tie our view when walking. 

Associated with a sudden view or views that are not intentional, the Prophet said to Ali: "O Ali, do you Following the first sight, because only the first positive outlook for you, while the outlook was negative for you both." From Jabir bin Abdillah al-Jibilly, he said: "Akau asked the Prophet about the views of a sudden, then the Messenger meyuruhku for turning my eyes." 

Indeed, the view suddenly occurs only at first sight. However, if it happened the first sight taste (delicious) so interested in repeating the second view, it is haraam. Because such things may invite libel and a way to do negative things. In connection with these cases Allah likens the adultery of the eye. As the hadith by Bukhari and Muslim which states "It has been established for the children of Adam a few things related to adultery that must happen, namely: the eye that sees adultery, fornication oral speech, adultery ear heard, second hand fingering fornication, adultery both legs running , a passionate soul and bersyahwat, and vulva depends on all of it " 

2.      Limits Aurat Male And Female 

From the expression ويجفظوا فروجهم determined that closing the aurat is obligatory. As has been explained by the jurists', they agreed to open the prohibition of private parts, but they are different opinions within the confines of the limits within. In this case there are four points to note: 

a.         Male genitalia as an object for men 

Auarat men when it became an object for men who are members in between the navel and knees. Therefore, it is not permissible for men to see male genitalia, ie members who are between the navel and knees, because it is the genitalia.Looking at other members of it lawful. Prophet said "a man may not see male private parts. Likewise, women are not allowed to view his private parts of women " 

Jumhur jurists' auarat agree that men are members of the body located between the navel and knees, as stated in the hadiths of the Prophet. Like the hadeeth narrated from جرهد الاسلامي, he said: The Messenger was sitting with us and my thigh open. Then the Prophet said: Do you not know that the thigh is aurat? 

b.         Female genitalia as an object for women 

Female genitalia as an object for women similar to male genitalia as an object for men, that members who are between the navel and knees. Apart from certain members of it, women may look at it, unless women dhimmis, or pagan. For women, dhimmis and infidels have their own laws which will be explained in another discussion. 

c.         Male genitalia as an object for peremuan 

On this point the ruling ditafshil. First, if the man's status as a mahram, such as father, brother, uncle of the father or the uncle of the mother, then his private parts is a member of the body located between the navel and knees. Second, if the man's status is not okay, then the opinion that more authentically his private parts is a member of the body located between the navel and knees. Meanwhile, in the opinion of others is all limbs. From that, according to this second opinion, a woman should not look to men, as men should not look to women. Third, if the man's status as a husband, her limbs male genitalia SCARA not absolute, because the word of God, which reads:

إلا على أزواجهم أو ما ملكت أيمانهم فإنهم غير ملومين

d.        Female genitalia as an object for men 

The aurat peremuan when it became the object of men are all members of the body. This statement is saheeh according to the opinion, namely schools and Hanabilah Syafi'iyah. Imam Ahmad asserted, all members of the female body is the genitals up to (including) his nails. 
Imam Malik and Abu Hanifah's opinion that all members of the female body is aurat, except the face and both hands. 

Malikiyah arguments and Ahnaf 

Malikiyah and Ahnaf argue that the face and palms of the hands is not the genitals with the arguments as follows: 

1)      God says

ولا يبدين زينتهن إلا ما ظهر منها 

The above verse to exclude something that looks, that is something which needs to be opened and revealed.Something that is the face and both hands. This is quoted from the opinion of some Companions and tabi'in, like Sa'id ibn Jabir said, that what is meant by إلا ما ظهر منها is the face and both hands. Similarly, Atha 'argues the same. 

2)      Hadith A'isha: real Asma 'bint Abi Bakr met the Prophet.While Asma wearing short sleeves. Then dress it would offend the Prophet, the Messenger of Allah bersbda: "O Asma ', the real women who have achieved during menstruation, do not deserve women seen except this and this." Prophet showed his face and hands. 

3)      Includes also an indication that the face and the palms are not genitalia, is a woman opened the face and his hands in prayer. Similarly when ihram. If this is the face and palms including genitals, then why is permissible opened in prayer and pilgrimage. Though close auarat an obligation, if both members are automatically opened when the prayer, then his prayer is invalid. 

Syafi'iyah arguments and Hanabilah 

Theorem Syafi'iyah and Hanabilah about pendanpatnya that the face and both hands including the genitalia are as follows:

a.       God says: ولا يبدين زينتهن . The above verse shows descry prohibition of jewelry. Jewelry there are two parts: the original and innovative. Face including original jewelry. Because the face is the beauty of the original and the source of defamation. While innovative jewelry is jewelry that sought by women to get the form which looks beautiful in the eyes (not in the liver), such as fashion clothing and accessories range of beauty, such as bolt, lipstick, facial moisturizer and the like. Women do all that there is no other purpose except for showing off to everyone and expect appreciation from men. And, indeed like that fact, especially in this modern era. Though such actions may invite lust lust as well as a source of fitnah. Therefore, the paragraph above prevents women to reveal the absolute jewels, and forbid open something from his limbs in front of the laiki men. 

With regard to paragraph إلا ما ظهر منها, Syafi'iyah and Hanabilah mentakwil, that the purpose of paragraph ما ظهر is something that looks are not intentional, like a mischievous wind that would uncover so behold, knee, neck or other body parts.

b.      Some of the hadeeth: 

a)      Hadith Abdillah bin Jarir: I asked the Prophet about the view that all of a sudden, he said: "palingkanlah interpretations" 

b)      Ali Hadith: "O Ali, do you Following the first sight, because only the first positive outlook for you, sedangan second view was negative for you". 

c)      Hadith Khats'amiyah: narrated by Ibn Abbas, at the time of Farewell pilgrimage 'came a woman from the Khats'am to the Prophet to ask for a fatwa. When the Prophet with a handsome man, Fadhl name. Whether intentional or not, Fadhl looked at the woman. So is the woman replied to view the Fadhl. Then there was one point of view of the same. Then, because the Messenger of Allah knew what happened immediately turned face-Fadhl the other way. The texts above hadith indicates prohibition of looking at women ajnabiyat. So there is no doubt that the face including the limbs that should not be viewed because it aurat. 
In addition, Syafi'iyah and Hanabilah argue with the verse: وإذا سألتموهن متاعا فاسألوهن من وراء حجاب Meaning: If you ask for something (need) to them (the wives of the Prophet), then ask from behind the curtain. (Surat al-Ahzab: 53) 
The above verse-by-negate permissibility sharih view.Although the paragraph was dropped because it is associated with the wives of the Prophet, but the ruling could include the wife of the Prophet with a method other than qiyas.Illatnya are all members of the genitalia of the female body. 

c.       Logic. 

Looks at a woman should not be legal, because there kahwatir slander. Slander of a woman's face certainly looked very big from the defamation looking ankles, hair and knee. 
If the prohibition of looking at the hair and knee agreed haraam, just see the face of prohibition of pork min al-hall, considering that the face is the beauty of the original and the source of defamation. 

3.      Forms Jewelry The Haram was shown 

Paragraph ولا يبدين زينتهن show Prohibition jewelry show in front of men who are not status of anything, for fear of libel occurs.On the origin of jewelry is a term for every thing that can be decorated with a woman and realize the beauty, such as by wearing a variety of fashion apparel, jewelry items, coloring materials and the like. 

Sometimes jewelry (adultery) is used for something more general, thus covering the limbs. Thus, there are four kinds of jewelry, namely: original, innovative, and bathinah zhahirah.Original jewelry is a form of women created by God with a perfect or in other words-spoken by ordinary men-ideal form, like the beauty of the skin (white and smooth), body posture that is, eyes (the language of Madura) murkak. 

According to the opinion of Ibn Mas'ud is pakian zhahirah jewelry. Mujahid said, which meant jewelry zhahirah is kohl, rings, dye. According to Jabir ibn Sa'id is the face and both hands. 
While jewelry bathinah not be revealed except to those who have been mentioned by Allah in His Word:

ولا يبدين زينتهن إلا لبعولتهن

What is meant by the people mentioned by God is a husband and a mahram men.

At the time of Ignorance, the women wearing very open clothes, so that some members of his body seemed visible, such as the neck and chest. Therefore, Muslim women should wear clothes that completely covered, so that the parts of the body, such as the neck, chest, ankles, knees and thighs, not be seen by a spy who likes jelalatan. Allah says:

وليضربن بخمرهن على جيوبهن 

4.      Woman Allowed To Some Appears Perhaisannya Male.

Before explaining about some men who are excluded by the Koran, a woman can reveal her jewelry to them, first explain about the division of women's jewelry specifically. In particular, women have two jewels, namely primary and secondary jewelry. Jewelry skuder like (if following the notion that jewelry includes the members of the body), face, ears, hair, neck, hands, knees and ankles. Primary jewelry body jewelry in addition to members of the secondary, namely members of the body located between the chest and thigh. 
Women's jewelry may reveal primary and secondary to her husband. Because the husband may look to all the members of his wife's body. In fact, not only looking, touching and making out intimate with any style lawful. Allah says:

ولا يبدين زينتهن إلا لبعولتهن نساؤكم حرث لكم فأتوا حرثكم أنى شئتم 

With regard to men who are excluded by the Koran, a woman can reveal her jewelry to them, only secondary jewelry may be revealed to them. The reason is relief and not worry about going defamation. They are: father, male-in-law, son-son, stepson, brother-brother, nephew of suadara either male or female, Muslim women, their slaves have, the servants of men who have no desire (against women), or children who do not understand about the female genitalia. 

In addition, there are some men who are not mentioned in the text, that is the uncle of father, mother and uncle of the man who one wet nurse (Radha's brother '). The fuqha 'agreed that they bestatus mahram. As with other text states:

حرمت عليكم أمهاتكم وبناتكم وأخواتكم وعماتكم وخالاتكم وبنات الأخ وبنات الأخت وأمهاتكم اللاتي أرضعنكم وأخواتكم من الرضاعة)  النساء)

Meaning: Forbidden unto you (marriage) mother-mother; your children that women [281]; the women's brothers, the brothers of women your fathers; your mother's brothers are women; daughters of your brothers who male; daughters of thy brethren that women; mothers who breast-feed-your mother you; sister sepersusuan.

5.      Muslim Women's Law When his private parts Appears Before The Infidel Woman 

The jurists' opinions differ in understanding the word او نساءهن.Some of them understand that what is meant by the word او نساءهن are Muslim women. This opinion diampuh by a majority of scholars' salaf. 

So also Qurtubi says in the book of his commentary, which is said او نساءهن are Muslim women. Thus, dhimmi infidel woman is not intended in the word. Therefore, Muslim women should not be opened in the presence of female limbs dhimmi infidel, kafir dhimmi except that women who owned slaves. 

Some jurists' other memakruhkan Muslim women kissing women from the Christians, as well as revealing his private parts to them. 
Ibn Abbas said: Muslim women are not permitted to show his private parts to women from the Christians, for they were not told to her husband. 
While some jurists' others understand, that what is meant by the word او نساءهن are all female. This opinion is more adapted to the current context, since women are Muslim and dhimmi infidel currently berintraksi each other everywhere, making it difficult for Muslim women to he was kept from them.

6.      Who التابعين غير اولى الإربة? 

In the above verse is the editor (التابعين غير اولى الإربة) that expresses an exception. This means that for a woman is not prohibited jewelry show in front of people, including التابعين غير اولى الإربة. Then who التابعين غير اولى الإربة in that paragraph? 

Sheikh Muhammad Ali Ashhabuni explain that they are men who al Abalh al Mughaffilun (People of weak minds more forgetful), they do not know at all contemplates the woman and not have the tendency and desire in women. This caused some factor that is physically weak, weak minds, or because of poverty and their poverty. Factor these factors into account could make if they can not look at the views Ghairi Thahir (naughty) and their hearts safe from evil and wickedness in which encouragement can go. 

In a commentary Raddu maysir mentioned some people who are included in the category التابعين غير اولى الإربة, namely:

a)      Ahmaq people who have no desire in women and its existence does not cause jealousy for men.

b)      Male impotence.

c)      Transvestite who serve the needs of people suppose that men serve food, and do not have the ability menjimak women and have no desire for women. In a more rigorous interpretation Tabari mention that his penis transvestites can not stand.

d)     Waiter 
In a commentary in Bahr Ulum li samarqandhi editors explain that the meaning of the verse above is a waitress who did not have a desire (intent) in women as people who are already old and weak.

e)      People who are not affected by the allure of women caused by old age, senile and still small. 

Explanation of Imam Ali Asshabuni above on the basis of the mufassirin penukilan from group companions and tabi'in, this indicates that Ali Asshabuni very careful in discussing this issue, so need to rely on the Companions and tabi'in, for correct interpretation of the paragraph above completely authentic. The interpretation of the Companions and tabi'in in paragraph التابعين غير اولى الإربة as follows: 

a.       According to Ibn Abbas, the purposes of paragraphs above is Al Mughaffil (Forgetful Persons) who are not keen on women 

b.      According Qatadah purposes of paragraphs above is Attabi '(maid) who used to be with you to serve your food 

c.       Meanwhile, according to Mujahid, the purpose of the verse is Al Ablah (the weak minds) that in his mind there was only food and absolutely no problem mengetahuai women. 

There are interesting from the Ustad Maududi comments more or less as follows: "According to Umar's right for the people who read this law is obeyed with the intention, not with the intention for him to get a way to escape from obedience. And do not also honor the beginning of knowledge is at theservants and young children who usually speak in their homes or their food presenter and presenter of coffee and waiter in the inn-lodge. They are not included in التابعين غير اولى الإربة ". 

7.      Bagaimakah ruling he was kept in the presence of women do not attiflu 
The scholars' different opinions in the editorial menafsiri attiflu in verse:

اوالطفل الذين لم يظهروا علي عوراة النساء 

Some of them said that the intent of the editors of the above are children who have not reached the limits lust (desire) for sex, it is not the scholars' other editors argue that the intent of the above is a small child who do not know where and what is not aurat aurat. 

In addressing the differences in the interpretation of the above, Sheikh Muhammad Ali al Shabuni opinion inclines to the latter, he said that last opinion closer to the truth, for the purpose of the opinion that the latter are children who have not entertained the motion of the body and sexuality of women with desire, since they were little and had no knowledge about sexuality. And according to the sheikh, they are children aged under ten tahun.Namun if the child is already murahiq should a woman he was kept (closing his private parts), for children who have murahiq have entered the early days of knowing sexuality. 

8.      Are women's voices aurat? 

Islam bans Basically everything that could cause a scandal and ikhra '(things that arouse hostility), from which Islam forbids women derapkan galloped his feet on the ground until the leg bangles tinkling voice sounded the men, then desire the hearts of the men got up and blossomed. As the Word of God: 

ولا يضربن بأرجلهن ليعلم ما يخفين من زينتهن 

Meaning: And let them not strike his leg for which they are known to hide jewelry. and bertaubatlah you all to God, O ye who believe, that ye may prosper.

This verse by the scholars' Hanafiyah a proof that the female voice is aurat. When sound jingle anklet woman banned, then the more powerful female voice harden its ban. 

Shaykh Al Jasshash in his commentary berpandapat that in this paragraph indicate the prohibition for a woman his voice in speech, lack bolehan is if someone else (Ajanib) can hear, because her voice easily cause a scandal than bracelets tinkling sound leg. 

Because it would not be surprised if the Companions Shaykh Al Jasshah punishes adzannya makruh against women, because the call to prayer in general requires a loud voice, harden suara.Penjelasan of temporary banned women also indicated that seeing a woman's face is forbidden, because it can invite lust. 

Some scholars' opinion that the female singing voice, including their genitals as evidence the hadeeth of the Prophet

التكبير للرجل والتصفيق للنساء 

Meaning: Takbir for men and women clapping 
Thus, they think men should not listen to female voices.

Ulama 'Syafi'iyah and others argue differently, they think women's voices are not genitalia, because women also may bermuamalah, eg selling, shop and sometimes in the requested testimony in front of muamalah-muamalah hakim.Dan in his voice when speaking this is a must . 
In this case, the Imam Al allusions commented "The thing that is mentioned in several ibarah in the book of al Syafi'iyah the female voice is not the genitals, because it is not haram to hear it except when dihawatirkan invite libel. And this opinion that I select." 

And a more realistic sound when a woman does not mean not to invite lust aurat. History records that the wife wife of the Prophet narrated the hadith stout, so they speak with the male non-married individuals and there is no denying this incident and said the sinner. 
According to Ibn Kathir woman banned from anything that can encourage young men turned to her views, or to arouse the male desire to him, from which women are not allowed to wear perfume and scented perfume when out of the house and then the men inhale the scent of a woman, according to a hadith 

كل عين زانية والمرأة اذا استعطرت فمرت بالمجلس فهى كذاوكذا 

"Every eye is adulterous situation when women wear perfume fragrance then passed Majlis, surely these women are like this and like that." The point is that women adulterers.

And the same can not bolehnya with the problem when a woman move move your hand to reveal the hand and wrist jewelry. 

And Shaykh Muhammad Ali Asshabuni notice to the men for banning women from every thing that can cause a scandal and arouse hostility, suppose a woman came out with a tight dress, wearing a dress that captivate the heart, or with her voice and wearing perfume when going to the market. Also how to run a woman who acted and beautifully styled (section) as well as speech that could break the hearts of the men. God has said:

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Meaning: You shall not talk so berkeinginanlah tundukdalam who have the disease in his heart and say good words,

And other things that if not appropriate under the norms of Islam and the nature of the male warrior. Remember that the damage will not spread unless it is the reckless men, and weakness will not be visible except when jealousy and maintain self-esteem for the sake of glory had been lost.Husband who had absolutely no feelings of jealousy caused isrinya not a muslim, Prophet pinned to their name with the title Dayyuts.Nabi said:

ثلاثة لا يدخلون الجنة ولا يجدون ريحها: الرجلة من النساء (اي المتشابه بالرجال) ومدمن الخمر والديوث, ومن الديوث يارسول الله. "قال الذي يقر الخبث في اهله" 

Meaning: Three people will not go to heaven and heaven will not smell it (that) women who imitate men stereotyped, and Dayyuts khomr addict. "

The Companions asked, "Who are they O Messenger of Allah", the Prophet said, "people who recognize the dirty deeds expert (wife)", and in another narration, "people who are not jealous of experts