Part Four of a detailed analysis of the errors of Quraysha Ismail Sooliman (5 years studies at Darul Uloom Pretoria, Freelance Journalist and Political Science Honour’s Student, University of Pretoria)

The writer states the following hadith:

Hadith no. 1

from the narration of Umm Attiyyah she said:

The Messenger of Allah (peace and blessings of Allah be upon him) commanded us to bring them (women) out on (Eid) al-Fitr and (Eid) al-Adha, and to bring out adolescent girls, menstruating women and virgins, but the menstruating women were to stay away from the prayer, but were to witness goodness and the gathering of the Muslims. I said: “O Messenger of Allah, what if one of us does not have a jilbaab?” He said: “Let her sister lend her a jilbab.” [Al-Bukhaari (324) and Muslim (890)] and

Hadith no. 2

From Umm Attiyyah she said: That certainly the messenger of Allah SAW would gather the women of Ansaar in a house and he would send Umar ibn al Khattab to us, so he would stand at the door and he would greet and we would reply to his greeting, and he said: ‘ I am the messenger of the messenger SAW to you all, and he SAW commanded us with the two Eids, that the menstruating women and the baaligha free women come out in them two (the two Eids)’ [from AlMughnie, page 264 from the hadith in Abu Dawud, in Baab Khuruj Nisaa fil Eid, from Kitaab ul-Salaat]

Our Response:

We shall begin the response to ahadith number 1 and 2 by delving into the errors which the writer had previously committed in an article titled, “What is Imaam Abu Hanifa’s verdict regarding the Eid salaat for Women?”In the aforementioned article, the writer erroneously chose to cite certain parts of the explanation of Allaamah Zafar Ahmed Thanvi rahimahullah and in so doing, gravely distorted the meaning of I’laa us Sunan with respect to the verdict of the Hanafi Madhab on the issue of women attending Eid Salaah.

The following is a rendition of the writer’s understanding of what is mentioned in I’laa us Sunan as well as the actual translation as stated by Allaamah Zafar Ahmed Thanvi rahimahullah in I’laa us Sunan. We urge all readers to verify the translations themselves by consulting the relevant texts i.e. I’laa us Sunan Juz 8 Pg 102-110

The writer states:

In I’laa al Sunnan, [Hanafi scholar] Thufr Ahmed Thanvi from the Indo-Pak sub-continent, makes two distinctions regarding the Eid salaat. Firstly, he affirms that the Eid salaat is Fard Ain from the Quranic Verse 2:185.

With regard to the Fardh-e-Ain claim, Allaamah Zafar Ahmad states the following:

Allaamah Shaukaani said: “Haadi, Qaasim and Abu Hanifah have deducted from Rasulullah (sallAllahu alaihi wa sallam)’s command for all people to come out (and go) to the Musallah (Eid Gah) for the Eid Salaat that Eid Salaat is from among the Fardh Ain (injuctions). (Allaamah Zafar comments): In this (claim) there is an error because, verily, Abu Hanifa did not say anything other than Wujoob (i.e. Eid Salaat is Waajib).”

Allaamah Zafar Ahmad dismisses the Fardh Ain claim attributed to Imaam Abu Hanifah rahimahullah and clarifies that Allaamah Shaukaani had erred in making this attribution to Imaam Abu Hanifah rahimahullah.

Affirming that Eid Salaat is Waajib, Allaamah Zafar Ahmad Thanvi Rahimahullah says in I’laa us Sunan Juz 8 Pg 102/103 under the caption “The Wujoob of the two Eid Salaat”:

“Allaamah Aini says in Al-Umdah: On the basis of Allah’s statement: ‘And, you should recite the Takbeer of Allah according to the way He has guided you…’Eid Salaat is Waajib. It has been said that the meaning (in the aayat) is Salaatul Eid, and the command is for Wujoob…When this narration is added to the previous narrations, the effect is unanimously Wujoob…The reason for the (view of) Wujoob is continuity (on Eid Salaat) of Rasulullah (sallAllahu alaihi wa sallam) without omission as is stated in Hidaayah…and also because Eid salaat is among the Sha-aair of Islam, hence it is Waajib…Salaatul Eid being Fardh Ain is in conflict with Ijma’”.

The write then states:

He further adds regarding the hadith of Umm Attiyah: ‘I (Thufr Thanvi) say that in this hadith there is clear evidence that it is compulsory for Eid salaat on the ladies and so it indicates also the compulsion on men. There is some difference of opinion however amongst the scholars who say it is mustahab. Regarding the hadith of the Sister of Abdullah ibn Rawaha RA, she narrates that the prophet SAW said: ‘The coming out is compulsory on every sane women’- (Ahmad) [and in some narrations] ‘I mean in the two salaats of Eid’- (Tabarani) [This hadith is problematic, because of an unknown tabi’i narrator, but according to the Usool of the Hanafi’s it is totally acceptable]. From this, he says, it is the right of ladies to go out for Eid salaat, and this is the instruction also of Qadi Iyyad who narrates from Abu-Bakr, Ali & Abdullah ibn Umar (Radiallah Unhum Ajmaien). And abi Shaibah, who also narrates from AbuBakr and Ali that they said: ‘It is the right of every sane lady to go out for the two Eids’.

The correct translation of Allaamah Zafar Ahmad Thanvi rahimahullah’s statements is as follows:

“I say: In it (i.e the Hadith of Umm Atiyyah) there is the indication on the wujoob of women emerging for the two Eid Salaat. This, the indication on it being Wujoob for men is to a greater degree. Whilst the obvious application (of the command in the Hadith) is WUjoob, it has been abrogated (made Mansookh) in so far as women are concerned on the basis of the daleel of the Hadith of Umm Humaid, Umm Salmah, the statement of Aishah, Ibn Mas’ood and others as has already been mentioned.”

Basically, the statement of Allaamah Zafar Ahmad Thanvi is initially discussing the right which women had enjoyed during the time of Rasulullah sallAllahu alaihi wa sallam and that that right was abrogated by the Sahaabah radhiAllahu anhum.

The writer alleges that Allaamah Zafar Ahmad Thanvi states:

There is some difference of opinion however amongst the scholars who say it is mustahab.

Allaamah Zafar Ahmad Thanvi actually states the following:

“Verily, the Aimmah have differed (on the issue of) the emergence of women for the two Eids (and this difference is encapsulated) in five views.”

The five different views mentioned by Allahmah Zafar Ahmad Thanvi rahimahullah are:

1.      Mustahab

2.      Tafreqah

3.      Jaaiz Ghair Mustahab

4.      Makrooh (i.e. Makrooh Tahrimi)

5.      The Right of Women

With respect to the no. 5, this condition, as stated by Allaamah Zafar Ahmad Thanvi, has been made Mansookh (abrogated).

Regarding the view of it being Makrooh, Allaamah Zafar Ahmad Thanvi says, “Verily, Tirmizi has narrated it from Thauri, Ibn Mubaarak, and it is (also) a statement of Imaam Maalik and Abu Yusuf. Ibn Qudaamah has narrated it from Nakh’i and Yahya Bin Saeed Ansaari. I (Allaamah Zafar Ahmad Thanvi) say, ‘And it is this view which the Mutak-khiroon Mashaaikh of the Hanafiyyah have adopted because of the corruption of the times.’

At-Tahaawi said: ‘Verily, the emergence of women (from their homes) to go to the Eidgah was during the early epoch of Islam for the purpose of (displaying) the abundance of the (Muslim) population. Then afterwards it was abrogated…I (Allaamah Zafar Ahmad) say: ‘What Tahaawi has said is substantiated by the narration of Umm Humaid, the wife of Abi Humaid Sa’di and the Marfoo’(narration) of Umm Salmah: ‘The Salaat of a woman in her bait is better than her Salaat in her hujrah. Her salaat in her hujrah is better than her salaat in her house, and her salaat in her house is better than her salaat in the Masjid of her people.’ His (Imaam Tahaawi)’s view is also substantiated by what has been narrated from Aishah: ‘If Rasulullah (sallAllahu alaihi wa sallam) had seen what the women had introduced after him, then most certainly he would have prevented them from the Masjid just as the women from the Bani Israeel were prevented.’ Narrated by Muslim.

The combination of the Ahaadith indicates that initially women were ordered to attend Jamaat (salaat) and Salaatul Eid. Then Nabi (sallAllahu alaihi wa sallam) exhorted them to perform Salaat at home. However, he did not categorically prohibit them from being present at Jamaat Salaah…Then after Nabi (sallAllahu alaihi wa sallam) the Sahaabah prohibited them because of the fasaad (corruption) of the age as is indicated by the statement of Aishah (radhiAllahu anha). Undoubtedly, she (Hadhrat Aishah) is greater than Umm Atiyyah. Ibn Mas’ood used to expel women from the Masjid on Fridays. He would say (to the women): ‘Get out, and go to your homes which are best for you.’ He would take an oath with much emphasis that there is no better place of Salaat for a woman than her room.

Thus those in general have adopted the view of it being Makrooh for women to emerge(and to go the Musjid) to not reject the Saheeh Ahaadith with corrupt opinion (as SHaukaani has erroneously asserted). On the contrary they have restricted the Ahaadith to the noblest age of Nabi sallAllahu alaihi wa sallam, and with the statements of the illustrious Sahaabah radhiAllahu anhum. It is not hidden that the prohibition applies to only women. Thus, the Wujoob remains for men as usual. It is thus established that the Salaat of the two Eids and going to (perform) it is Waajib on men, and this is the objective.

It should now become crystal clear to the reader that what the writer had falsely attributed to Allaamah Zafar Ahmad Thanvi rahimahullah is totally baseless.

We will now proceed to produce a detailed explanation of Hadith number 1 and 2.

In Al Kanzul Mutawari, the following explanation appears:

“It has been authentically narrated that Aisha radhiAllahu anha said:“If Nabi sallAllahu alaihi wa sallam saw what the women have now started doing, he would have prevented them from the Masjid like how the women of Bani Israeel were prevented.”

If the situation had changed so much in the time of Aishah radhiAllahu anha then what would be the case in today’s age where corruption has engulfed the elderly and the young?” (Al Kanzul Mutawari Juz 6 Pg 188)

“Qadhi Iyaad mentions that this was in the beginning of Islam and this was specific to Nabi sallAllahu alaihi wa sallam (lecturing of women). Allaamah Kirmaani has mentioned, ‘Ibn Battaal has mentioned, ‘His (i.e. Nabi sallAllahu alaihi wa sallam) going to the women and lecturing to them is specific to him (Nabi sallAllahu alaihi wa sallam) according to the Ulama because he is in the position of a father to the women and the Ulama have reached consensus on this fact that the lecturer will not deliver a separate lecture for the women nor will he cut off his lecture and complete it by the women.’ ’’ (Al Kanzul Mutawari Juz 6 Pg 192)

The Chapter on: “If she does not have a jilbaab”

“Explanation of “Jilbaab”: It is a cloth which covers the entire body or it is a wide length of cloth which covers the chest and back of a woman (front and back) to such an extent that she appears totally concealed and wrapped up.” (Al Kanzul Mutawari Juz 6 Pg 194-195)

The following is a detailed explanation of the word ‘jilbaab’ and its usage and understanding in Shari’ah:

Surah Ahzab Verse 59

يَا أَيُّهَا النَّبِيُّ قُلْ لِأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ ۚ ذَٰلِكَ أَدْنَىٰ أَنْ يُعْرَفْنَ فَلَا يُؤْذَيْنَ ۗ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا

Imaam ibn Kathir mentions in the commentary of this verse in his famous Tafsir Juz 6 Pg 481, “Allah Subhanahu wa Ta’ala is commanding His Messenger sallAllahu alaihi wa sallam to command the believing women, especially his wives and daughters, to cover themselves with their jilbaab in order to distinguish themselves from the women of ignorance (jahiliyyah). And a jilbaab is a covering which is used over and above the veil(scarf, hijaab etc). This has been mentioned by Ibn Mas’ood radhiAllahu anhu, Qataadah rahimahullah, Hasan al Basri rahimahullah, Sa’eed bin Jubayr rahimahullah and Ibrahim an Nakha’i rahimahullah and many others.

Al Jauhari has mentioned that the jilbaab is that which a woman is wrapped in completely. Ali bin Abi Talha narrates from ibn Abbas radhiAllahu anhu, ‘Allah has commanded the believing women that when they leave their homes for a legitimate Shar’i need to cover their faces from above their heads with the jilbaab and they will leave exposed one eye.’

Imaam Mohammed bin Sireen mentions, ‘I asked ‘Abeedah about the statement of Allah (Yudneena alayhinna). So he covered his face and his head and left exposed his left eye.’

Ibn Abi Haatim mentions, ‘On the authority of Umm Salmah radhiAllahu anhu, she said, ‘When this verse was revealed (yudneena alayhinna), the women of the Ansaar came out…and upon them were black clothes which they were wearing.’’

Allaamah Suddi has mentioned, ‘There were mischief makers amongst the people of Madinah who used to come at night when it used to become dark in the pathways of Madinah, waiting for the women. The houses of the inhabitants of Madinah were small and constricted sow hen it was night, the women would come out to fulfil their needs so these mischief makers would wait for the women to come out and when they saw a woman with a jilbaab, they would say, ‘This is a free woman, stay away from her!’ and when they saw a woman without a jilbaab, they would say, ‘This is a slave.’

Mujaahid rahimahullah has mentioned, ‘They would wear a jilbaab and it would be known that these are free women so no wrongdoer would try and harm or interfere with them in any way.’”

In Tafsir Qurtubi Juz 14 Pg 243, “Ibn Abbas radhiAllahu anhu has mentioned, ‘ (A jilbaab is) that a woman covers herself to such an extent that nothing is exposed except one eye to see with.’

Tafsir al Qurtubi Juz 14 Pg 244: “Abu Hurairah radhiAllahu anhu has mentioned regarding women who wear thin clothes, ‘They are the ones who are clothed but naked.’

A group of women from Bani Tameem entered upon Aishah radhiAllahu anha and they were wearing thin clothes so Aishah radhiAllahu anha said, ‘If you are true believers then this is not the clothing of believing women and if you are not believing women, then enjoy.’

Umar radhiAllahu anha has mentioned, ‘What prevents a Muslim woman, who when she leaves her home for a valid need, from leaving covered in coarse(unattractive) cloth so that she is hidden to such an extent that nobody knows who she is until she return to her home?’

Imaam al Qurtubi mentions, ‘And together with this dressing, the companions of Nabi sallAllahu alaihi wa sallam prevented the women from the Masjid after the death of Nabi sallAllahu alaihi wa sallam.’”

In Tafsir ibn Abi Haatim Juz 12 Pg 3, it is mentioned, ‘Sa’eed bin Jubayr radhiAllahu anhu has mentioned, ‘It is not permissible for a Muslim woman to be seen by a stranger except that she has upon her a head veil (all-encompassing piece of cloth) over and above her face-veil, scarf etc.’

Ikraamah radhiAllahu anhu has mentioned, ‘She will cover herself with the Jilbaab so that not even a bit of her neck will be seen.’

In Tafsir Ruhul Ma’ani Juz 16 Pg 223 it is mentioned, ‘A jilbaab is that which completely covers a woman from top to bottom as narrated by Ibn Abbas radhiAllahu anhu.

A jilbaab is also defined as ‘every cloth which a woman wears over and above her general clothing’.

Tafseer Mazhari describes the jilbaab as follows: “It is a sheet (or shawl) which a woman wraps around her, on top of her dress and head-scarf(khimaar)…Ibn Abbas and Abu Ubaidah (radhiAllahu anhuma) said: ‘The women of the Mu’mineen were commanded to conceal their heads and their faces with the jalabeeb, except one eye.”

Tafsir Abi Sa-ood defines the jilbaab as follows: “Al-jilbaab: Is a cloth bigger than the khimaar(headscarf) but smaller than the ridaa’ (shawl). A woman covers her with it from on top of the head. It is said that it is the shawl. It is every garment with which women conceal their faces and their bodies when they emerge(from their homes) for needs.”

Imaam Qurtubi states in his Al-Jami li Akhaamil Qur’aan: “Since it was the practice of the Arab women to leave their faces open like slave-girls, and this would invite the gazes of men, Allah and His Rasool ordered them (women) to hang down (irkhaa’) the jalabeeb over them when they intend to emerge for their needs. Ibn Abbaas and Ubaidah Salmaani said that it covers a woman so much that only her one eye remains exposed to enable her to see.”

In Lisaanul Arab, the Jilbaab is defined as follows: “Jilbaab is bigger than khimaar(the long head-scarf) smaller than ridaa’(the outer shawl). The woman conceals with it her head and breast.”

These are just a few of the very many explanations of ‘jilbaab’ presented by the true scholars of Islam, the sahaabah radhiAllahu anhum, the Fuqaaha, muhadditheen and mufassireen. It is evident from the authoritative texts quoted that the ‘jilbaab’ is a pre-requisite for Muslim women leaving the home. It is also quite clear that the ‘jilbaab’ is a piece of material which is unattractive and covers a woman from head to toe to such an extent that none of the features of her body parts are discernible to the onlooker.

The following is narrated in Fiqhul Islami Juz 2 Pg 1390

“The Hanafi and Maaliki Fuqahaa have agreed that there is no permission for young women to go out for Jumu’ah, Eid or any other salaat because of the command in Surah Ahzab verse 33 and the command to remain is a prohibition from moving (out of the home) and it is because their leaving the home is a source of fitnah and fitnah is haraam and what leads to haraam is haraam.”

We have explained the position of elderly women already. It must be noted that whilst there previously was a distinction between old women and young women, in our era there is no distinction and all women fall under the same ruling i.e. of impermissibility.”

Hadith number 1 and 2 will Insha Allah be discussed in Part 5 as well where we explain the juristic implications of the ahadeeth as well as the principles relating to practising on ahadeeth.

This concludes Part Four of the detailed and academic response to ‘The Conclusion’ by Quraysha Ismail Sooliman

Read Part One, Part Two and Part Three of The True Conclusion:

https://muslimality.wordpress.com/2010/12/08/the-true-conclusion-part-1/

https://muslimality.wordpress.com/2010/12/15/the-true-conclusion-part-two/

https://muslimality.wordpress.com/2010/12/23/the-true-conclusion-part-3/

 


 

 

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