Hanafi Ruling Regarding Hijab

Q:

I have a question regarding niqab and i would be so grateful if you answered it for me.
What’s the ruling concerning niqab according to the Hanafi rulings? I read its wajib if
there’s fear of fitnah. Will I be committing sins if I go in front of a strange male with my
hands and hair covered but my face isn’t?

What if it’s someone like the gardener or the postman and you know there’s no fear of
fitnah possible there because you know these people inside out do I still have to hide my
face from them?

Will I be committing sins if I do hijab in front them but i don’t do niqab?

Why do I have to follow the rulings of what the scholars of today say when Imam Abu
Hanifa did not say wearing niqab is wajib or farz?

Why is wearing niqab wajib and not farz?

What’s the difference between something being wajib and something being farz. Farz
means you have to do it so wajib means what, that its not a must?

A:

First and foremost I’d like to put to you a very simple scenario if the Prophet Muhammed
PBUH were to see the condition of our society would he or would he not describe it as a
time of immense fitnah, I believe you know fully well the answer to that.

Another point on seeing the condition of our society and the array of dress code, tell me
this would the prophet SAW favor just the covering of the hair and wearing the cloak a
greater and more virtuous act than wearing of the hijab and the nikab. My sister we all
know the answer to these questions deep in our hearts. The veiling of the face is not
something that has come about after the Prophet (SAAW) it was there and practiced by
our mothers the wives of the prophet SAW and the sahabiyya.

Many a time people have argued whether the sahaabiyat used to observe hijab or not.
Such arguments are predominantly centered around the actual veiling of the face,
proclaiming that such an act was not alive within the sahabbiyat (female companions).
This argument however is merely false and bears no weight.
There are many evidential ahadith and incidents which reinforce the observance of hijab
and actual veiling of the face within the era of the glorious prophecy.

Hazarat Ali (RA) narrates that once he was in yhe presence of the noly prophet saw when
the the holy prophet saw questioned, "Tell me what is the most worthy act of a woman?"
Upon hearing this all the companions of the holy prophet SAW remained silent. Hazrat
Ali (RA) further reports that when I returned home L forwarded the same question to
Hazrat Fatimah (RA) She replied " A woman should not see any man nor should a man
see her ." Hazrat Ali (RA) says " I then related this to the holy prophet SAW and he
stated that " Fatimah is my beloved child for this reason she has understood.

Hazrat Qais Ibne Shammas (RA) reports that Umme Khallad (RA) came to the Holy
Prophet SAW to enquire about one of her sons whom had been killed in one of the battles
in the path of Allah. When she arrived she had a veil covering her face. Upon seeing this
one of the companioms of the holy Prophet SAW said "How is is that even under such
unfortunate conditions ( inspite of such grief and sorrow) you wear the hijab?"
Hazrat Umme Khallad replied "If I have lost my son I have not lost my modesty

From this we can learn how the sahabiyat remained firm upon the observence of hijab
even at times of difficulty and misery.

Considering the fact that all female believers are the daughters of the prophet SAW and
that he himself was flawless, the above incidence are evident enough of the fact that the
sahabiyyat were observers of hijab.

There are 7 verses in the Quran concerning Hjiab acoording to th tafsir of these 7 verses
arise 3 grades of Hijab

The highest of the 3 grades is that a woman should remain in her home as far as it is
possible.

The 2nd grade of Hijab is that if the need should arise that a woman must go out then this
should be carried out in such a manner which conceals her entirely. Whilst observing this
grade of hijab, the application of excess scent, the wearing of tinkling jewellery, to
exercise caution when walking so as not to enter the heart of a mixed crowd etc are also
points to be borne in mind.

The 3rd and the lowest grade of hijab is in accordance to the ayyah of Surah Noor
"Except that which is evident." This verse is one of dirrering interpretations. Some
scholars believe that 'evident' connotates the actual burqa and niqaab whilst others have
interpreted that 'except that which is evident refers to the face and the hands.

From amongst the 4 imams, Lmam Malik, Shafi and Ahned (RA) have unanimously
agreed upon the first of the two interpretations. According to the schools of thought
related to these Imams, no room has been given to the unveiling of the face and hands
regardless of the fear of unlawful acts or not.

Imam Abu Hanifa (RA) has differed in his opinion favoring the latter of the 2
interpretations, however, he has only accepted the unveiling of the face and hands when
there is no fear of unlawful acts arising in the process of this 3rd grade of Hijab
However such unveiling within this day and age would obviously give rise to unlawful
ways and so the necessity of entire concealment becomes much reienforced, consequently
the great scholars after Imam-e-Aazam (RA) agree with the thoughts of Imam Malik
Shafi and Ahned (RA)

IN view of this the 3rd grade of Hijab has become invalidated and impermissible.
Conclusively, Muslim women should observe either of the two valid and permitted
grades of hijab

futhermore how do we judge whether there is no fitnah from revealing the face in front of
the postman the milkman etc for we do not have the knowledge of what they posses in
there heart only Allah is aware of that so Why become A cause of fitnah yourself and
carry the heavy burden of being the cause of immodesty

as for farz and wajib to deny or miss a farz makes one murtad (out of the fold of Islaam)
whereas wajib command is incumbent and to leave it out renders a person sinful but does
not come out of the fold of Islaam. Allah knows best.