Treating women as awra: Difference between revisions
| Line 18: | Line 18: | ||
Obligatory religious hijab is the first consequence of accepting the principle that women are awra, so that some jurists have argued based on that principle, along with other evidence, to establish religious hijab.<ref>See: Majlisi, Rawdat al-Muttaqin fi Sharh Man la Yahduruhu al-Faqih, vol. 8, p. 106.</ref> Considering the absoluteness of hadiths in such a way that treated entire body of a woman as awra,<ref>Abu al-Salah al-Halabi, al-Kafi fi al-Fiqh, p. 139.</ref> some jurists maintain that this ruling implies concealment of the entire body without exception. Citing Sunni narrations that treat a woman’s body as awra without exception, they emphasize the obligation of covering even the face and hands.<ref>Borujerdi, Tibyan al-Salat, vol. 3, pp. 252-253.</ref> Some jurists have gone beyond the text and regarded the absolute characterization of women as awra as an “innate and rational” rule. According to them, every jealous man genuinely understands that the principle of “women are awra” (asalat al-‘awriyya) is a basic rule and that the law of hijab is self-evident to every person of sound nature who is concerned with preserving honor.<ref>Sabzevari, Muhadhdhab al-Ahkam, vol. 5, p. 232.</ref> But many jurists, considering the totality of evidence, do not treat face and hands<ref>Bahr al-Ulum, al-Durra al-Najafiyya, p. 105; Karaki, Jami‘ al-Maqasid fi Sharh al-Qawa‘id, vol. 2, p. 96.</ref>, as well as hair of female slaves,<ref>Al Asfur, al-Anwar al-Lawami‘ fi Sharh Mafatih al-Shara’i‘, vol. 10, pp. 382-383.</ref> as awra. | Obligatory religious hijab is the first consequence of accepting the principle that women are awra, so that some jurists have argued based on that principle, along with other evidence, to establish religious hijab.<ref>See: Majlisi, Rawdat al-Muttaqin fi Sharh Man la Yahduruhu al-Faqih, vol. 8, p. 106.</ref> Considering the absoluteness of hadiths in such a way that treated entire body of a woman as awra,<ref>Abu al-Salah al-Halabi, al-Kafi fi al-Fiqh, p. 139.</ref> some jurists maintain that this ruling implies concealment of the entire body without exception. Citing Sunni narrations that treat a woman’s body as awra without exception, they emphasize the obligation of covering even the face and hands.<ref>Borujerdi, Tibyan al-Salat, vol. 3, pp. 252-253.</ref> Some jurists have gone beyond the text and regarded the absolute characterization of women as awra as an “innate and rational” rule. According to them, every jealous man genuinely understands that the principle of “women are awra” (asalat al-‘awriyya) is a basic rule and that the law of hijab is self-evident to every person of sound nature who is concerned with preserving honor.<ref>Sabzevari, Muhadhdhab al-Ahkam, vol. 5, p. 232.</ref> But many jurists, considering the totality of evidence, do not treat face and hands<ref>Bahr al-Ulum, al-Durra al-Najafiyya, p. 105; Karaki, Jami‘ al-Maqasid fi Sharh al-Qawa‘id, vol. 2, p. 96.</ref>, as well as hair of female slaves,<ref>Al Asfur, al-Anwar al-Lawami‘ fi Sharh Mafatih al-Shara’i‘, vol. 10, pp. 382-383.</ref> as awra. | ||
=== Confinement to | === Confinement to Home and Avoidance of Social Presence === | ||
On the basis of the instruction “وَ اسْتُرُوا عَوْرَاتِهِنَّ بِالْبُیوتِ” (“conceal their awra in houses”), jurists have regarded women’s social presence as undesirable. | On the basis of the instruction “وَ اسْتُرُوا عَوْرَاتِهِنَّ بِالْبُیوتِ” (“conceal their awra in houses”), jurists have regarded women’s social presence as undesirable. They argue that a woman is awra and the exposure of awra is a shameful thing, therefore appearance of women likewise causes shame. Some have clearly indicated that women should stay at home as much as they can and that interactions with them, even simple greetings, should be minimized to prevent revealing their lack of knowledge and inability to converse.<ref>Majlisi, Rawdat al-Muttaqin fi Sharh Man la Yahduruhu al-Faqih, vol. 8, p. 106.</ref> On this basis, many jurists, including [[Sayyid Mohammad Kazem Tabatabaei Yazdi]], have issued fatwas regarding the “recommendation of confining women to the home.”<ref>Yazdi, al-Urwa al-Wuthqa, vol. 5, p. 490.</ref> Other jurists, in their comments on this fatwa, have similarly recognized the narrations depicting women as awra as a key argument in support of it.ref>Sabzevari, Muhadhdhab al-Ahkam, vol. 24, p. 26; Abu al-Qasim Khoei and Javad Tabrizi, Sirat al-Najat fi Ajwibat al-Istifta’at, vol. 8, p. 221.</ref> | ||
=== Prohibition against Assuming the Marja‘iyya and Judgeship === | === Prohibition against Assuming the Marja‘iyya and Judgeship === | ||