Hijab
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1 year 4 months ago #1471
by Imam Rassi Society
Replied by Imam Rassi Society on topic Hijab
Thank you for your questions!
The report I mentioned in which 'Umar censured the slave women for covering their heads, is pretty explicit. However, I'm not sure as to the extent of the ruling based on this report.
The ruling of the awra of a slave woman being the same as that of a man is also very explicit. The same requirements of coverage for a man would apply to a slave woman. This would also apply to that which is in public in front of unrelated males. There is also a scholarly view that a slave woman would cover everything except the hair (Ref. Al-Bahr az-Zakhkhaar).
As for whether a man can have intercourse with his slave woman without her consent, her consent is not required. However, this does not justify the rape of her.
And Allah knows best!
IRS
The report I mentioned in which 'Umar censured the slave women for covering their heads, is pretty explicit. However, I'm not sure as to the extent of the ruling based on this report.
The ruling of the awra of a slave woman being the same as that of a man is also very explicit. The same requirements of coverage for a man would apply to a slave woman. This would also apply to that which is in public in front of unrelated males. There is also a scholarly view that a slave woman would cover everything except the hair (Ref. Al-Bahr az-Zakhkhaar).
As for whether a man can have intercourse with his slave woman without her consent, her consent is not required. However, this does not justify the rape of her.
And Allah knows best!
IRS
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1 year 4 months ago - 1 year 4 months ago #1474
by salsabil
Last edit: 1 year 4 months ago by salsabil. Reason: not relevant
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1 year 4 months ago - 1 year 4 months ago #1475
by salsabil
<3
furthermore, could this not then support the argument that the reference to khumur in the verse of hijab is specific to the time of the Arabs and the only command given is to cover their chests?
also do we agree that they should be censured for attempting to observe a higher level of modesty?
also do we agree that they should be censured for attempting to observe a higher level of modesty?
<3
Last edit: 1 year 4 months ago by salsabil.
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1 year 4 months ago #1478
by Imam Rassi Society
Replied by Imam Rassi Society on topic Hijab
Thank you for your question!
There is an opinion that their awra is the same as a free woman in the prayer. I know of no other opinion that it is the same outside of the prayer.
As for the reference in the blessed verse, one of the meanings of {...so that they may be known and not harmed...} (Q. 33:59) is: '...so that they may be known as free women and not slave women...' (Ref. Tafseer al-A'qam & Tafseer at-Tabari). The meaning of 'harm' in this sense does not refer to physical harm, but it refers to the harm of accusations.
As for whether a slave master can force intercourse with a slave girl if she refuses, I don't know of anything explicit that permits or prohibits it. However, when we consider the hadith of the Prophet, peace and blessings be upon him and his progeny: ((There is no harm or reciprocating harm in Islam)), I think that the matter is clear.
There is nothing in the verse that makes it time-bound or restricted to Arabs. And the command is not simply to cover their chests; rather, the command is to {draw their head-coverings (khumurihinna) over their breasts...} (Q. 25:31). The Arabic in the verse is very clear.
As for the 'higher level of modesty,' much like other aspects of Islamic Law, there are rulings that apply to some that don't apply to others. I think that our concepts of modesty have been governed by JudeoChristian Puritan ideas. It would seem very bizarre to us as Muslims that a traditional Muslim society existed with bare-headed (or even maybe bare-breasted?) women walking around. However, this is our law, and it is not simply theoretical--it is a reality that was lived.
And Allah knows best!
IRS
There is an opinion that their awra is the same as a free woman in the prayer. I know of no other opinion that it is the same outside of the prayer.
As for the reference in the blessed verse, one of the meanings of {...so that they may be known and not harmed...} (Q. 33:59) is: '...so that they may be known as free women and not slave women...' (Ref. Tafseer al-A'qam & Tafseer at-Tabari). The meaning of 'harm' in this sense does not refer to physical harm, but it refers to the harm of accusations.
As for whether a slave master can force intercourse with a slave girl if she refuses, I don't know of anything explicit that permits or prohibits it. However, when we consider the hadith of the Prophet, peace and blessings be upon him and his progeny: ((There is no harm or reciprocating harm in Islam)), I think that the matter is clear.
There is nothing in the verse that makes it time-bound or restricted to Arabs. And the command is not simply to cover their chests; rather, the command is to {draw their head-coverings (khumurihinna) over their breasts...} (Q. 25:31). The Arabic in the verse is very clear.
As for the 'higher level of modesty,' much like other aspects of Islamic Law, there are rulings that apply to some that don't apply to others. I think that our concepts of modesty have been governed by JudeoChristian Puritan ideas. It would seem very bizarre to us as Muslims that a traditional Muslim society existed with bare-headed (or even maybe bare-breasted?) women walking around. However, this is our law, and it is not simply theoretical--it is a reality that was lived.
And Allah knows best!
IRS
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1 year 4 months ago - 1 year 4 months ago #1483
by salsabil
<3
when I say "higher level of modesty" it is because I have always seen islamically that the hijab's emphasis has always been on modesty. My point was if an exception is made for slave girls in the term "muminat" then why could the argument not be made that the women of this era are an exception due to the cultural shift?
Furthermore, the only evidence stated was a 1 Hadith by Umar which is definitely not hujjah on something as big as the awrah.
Furthermore, the only evidence stated was a 1 Hadith by Umar which is definitely not hujjah on something as big as the awrah.
<3
Last edit: 1 year 4 months ago by salsabil.
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