Encyclopedia of Contemporary Jurisprudence

Treating women as awra

  • Abstract

Treating women as awra (i.e. inherently concealable) is the majority opinion of jurists based on several narrations that regard women as awra. Some rulings resulted from this view are: obligation of maximal covering (according to some jurists, hands and face must be covered), recommendation of staying in home; prohibition of women from holding social positions; prohibition of women from serving as judges; and prohibition of women from singing. On the other hand, some authers in the present time reject this opinion, arguing that there are doubts regarding the authenticity of these narrations and they are incompatible with the overarching spirit of the Holy Quran. According to them, the Quran recognizes women’s social activities, honors their status, and reserves the punishment of confinement to the home for women who do shameful things. analysing historical data (except in the case of female slaves), this group maintains that, even assuming authenticity of these narrations, the ruling in question is not an intrinsic truth (i.e. factual proposition) but rather a ruling pertaining to the cultural circumstances of the period of issuance and an actuality proposition that was temporary in nature and consistent with the circumstances of its time.

Status of Regarding Women as Awra in Jurisprudence

The issue of women’s social status and the religious conditions of their involvement in social life is among the controversial issues in Islamic thought. In this regard, the doctrine that “women are awra,” presented in certain narrative and jurisprudential texts, has formed the foundation of rulings focused on women’s concealment, including the prohibition of assuming social and judicial offices and the recommendation for women to remain at home. Accordingly, comprehending women's participation in social activities largely hinges on acceptance or rejection of this doctrine.

Obligation of Hijab for Women and it's Scope

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.[1] Considering the absoluteness of hadiths in such a way that treated entire body of a woman as awra,[2] 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.[3] 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.[4] But many jurists, considering the totality of evidence, do not treat face and hands[5], as well as hair of female slaves,[6] as awra.

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. 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.[7] On this basis, many jurists, including Sayyid Mohammad Kazem Tabatabaei Yazdi, have issued fatwas regarding the “recommendation of confining women to the home.”[8] 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

Another consequence of regarding women as awra is the impermissibility of their assuming social and religious offices that require presence in society. The jurisprudential argument is based on the question of how a person described as “awra” and commanded to be concealed can assume responsibility for issuing fatwas, the marja‘iyya, and judgeship. These matters intrinsically require meeting people and responding to emerging events, and such a status is incompatible with the condition envisioned for women—absolute concealment.[9]

Prohibition of Singing

Some jurists have extended the scope of awra to the voice as well. According to them, being awra entails the “obligation of concealment,” and the form of such concealment varies according to its object: just as the body must be concealed from sight, the voice must also be concealed from the hearing of an unrelated man. Therefore, irrespective of the prohibition of ghina, the very act of making one’s voice audible to men (isma‘ al-sawt) becomes prohibited because a woman is awra.[10]

Predominant View of Jurists: Woman as Awra

The characterization of women as awra has been accepted by the majority of jurists, and Yousef Sanei (d. 1399 SH), who is known for uncommon fatwas concerning women, also accepted it,[11]

Narrative Proofs

In Shia narrative sources, the description of women as “awra” has a long history. Women are sometimes emphatically characterized as awra: “إِنَّمَا هُنَّ عَوْرَةٌ” (“They are indeed awra”);[12] sometimes it is reported that, according to the prevalent understanding among the Prophet’s companions, including Imam Ali (a), women were regarded as awra;[13] and sometimes it is emphasized that a woman’s being awra continues until her death.[14] In Sunni sources, expressions such as “women are awra” and statements that a woman’s body and physical form are awra are encountered.[15] Other narrations also exist in Shia sources,[16] including a narration from Imam al-Sadiq (a), transmitted from the Commander of the Faithful (a) and the Noble Prophet (s), stating: “النِّسَاءُ عَیٌّ وَ عَوْرَةٌ فَاسْتُرُوا عیهُنَّ بِالسُّکوتِ، وَ اسْتُرُوا عَوْرَاتِهِنَّ بِالْبُیوتِ؛ Women are incapable of speech and are awra; therefore, conceal their inability to speak through silence and conceal their being awra in houses.”[17] Some jurists have explicitly stated that, even if the chains of transmission of these narrations are weak, they are accepted because jurists have acted in accordance with their purport.[18]

Conceptual Analysis

Awra refers to the human genital organs and also to anything concerning which one feels shame.[19] Linguistically, “awra” has a general meaning and applies to anything whose exposure causes disgrace, dishonor, and shame.[20] The genital organs constitute only one instance of this concept, not its entire meaning; thus, the Holy Quran also calls houses that have defects and require protection awra: “Indeed, our houses are awra” (اِنَّ بُیوتَنا عَوْرَةٌ). Most jurists have understood awra in this same general lexical sense. On this basis, the instance of awra in men is limited to a particular organ, whereas in women its scope is expanded to include the “entire body” and physical form.[21]

Ayatollah Borujerdi maintains that the term awra was coined to mean the genital organs and is used in this same sense in the narrations under consideration. Its application to women is by way of “simile,” although the particle of comparison has been omitted for greater emphasis and eloquence. Borujerdi maintains that the most evident customary and religious characteristic of the genital organ—the awra—is the repugnance of exposing it and the obligation to keep it concealed, because exposing the genital organ arouses sexual desire and leads to improper conduct. This eloquent simile demonstrates that the same effect also exists in relation to women.[22] On this basis, Borujerdi also regarded covering the face and hands as obligatory for women.[23]

Claim of Weak Chains of Transmission for Narrations Regarding Women as Awra

It has been claimed that the hadith “A woman is awra” has no authoritative narrative basis.[24] According to some authors, attributing this statement to the Noble Prophet (s) in Sunni sources faces difficulties. This narration does not appear in Sahih al-Bukhari or Sahih Muslim, and only al-Tirmidhi attributed it to the Prophet and provided its chain of transmission. Before him, Abd al-Razzaq al-San‘ani and Ibn Abi Shayba had transmitted this content, but recorded it as the statement and opinion of “Abd Allah ibn Mas‘ud,” not as a statement of the Prophet (s).[25]

It has been stated that regarding women as awra has roots in the culture of ancient Iran and Hebrew texts—the Torah—and entered Arab culture from them. In ancient Iran and Jewish texts, concealing women and using the term awra in the sense of the private parts or a point of vulnerability were prevalent.[26] According to certain studies, all Sunni narrations concerning this matter have weak chains of transmission; among the five existing narrations in Shia sources, only one is regarded as “hasan,” while the remainder are weak.[27]

Some have also specifically criticized the expression “the voice of a woman is awra” (sawt al-mar’a awra) and regarded it as lacking a narrative origin in early Shia sources. This expression is not found in any early Shia narrative source and was first transmitted by Allama al-Hilli[28] using the word “it has been narrated” (ruwi).[29]

Conflict between Narrations Regarding Women as Awra and the Quran

Some contemporary authors maintain that the purport of the narration “A woman is awra” conflicts with the governing spirit of the Quran and its established principles. This conflict has been explained by relying on the rule of “comparing hadiths with the Quran,” for which numerous narrations are considered evidence.[30] In this regard, jurists explicitly state that even if a narration has a sound chain of transmission and an explicit indication, it must be set aside if it conflicts with the Book of God.[31] Shahid al-Sadr likewise maintains that narrations incompatible with the “general spirit of the Quran” and the nature of its laws, and having no parallel in the Quran, are not authoritative.[32]

Women’s Social Presence in the Quran

According to some authors, the Holy Quran affirms women’s social presence. For example, it speaks of women pledging allegiance to the Prophet (s),[33] recognizes women’s right, like that of men, to earn and benefit from income,[34] and recounts and affirms the story of the Queen of Sheba, who possessed a “mighty throne” and an extensive kingdom.[35] The occasion of revelation of Verse 59 of Sura al-Ahzab also demonstrates that women were present in society during the early Islamic period; even when they were subjected to harassment in the streets, they were not commanded to remain at home, but were instead instructed to modify their covering.[36] By contrast, the narrations regarding women as awra condemn them to concealment, confinement, and remaining at home.

Honoring Women’s Personhood in the Quran

Opponents of regarding women as awra have regarded these narrations as incompatible with the Quran’s descriptions of women, because the Quran’s descriptions are positive and commendatory[37] and place women and men on an equal footing regarding the possibility of servitude and divine reward.[38] It refers to women with expressions such as “a source of tranquility”[39] and “garment,”[40] which conceals defects and serves as an adornment, rather than being a source of disgrace.[41] The word “awra,” however, is derived from the root “ar” (disgrace) and implies deficiency and shame.

Usage of the Word Awra in the Quran

Another objection raised against the narrations regarding women as awra is their incompatibility with the Quranic usage of the term awra. Verse 31 of Sura al-Nur speaks of children who have no awareness of women’s awra (لَمْ یظْهَرُوا عَلی عَوْراتِ النِّساءِ). Some exegetes have interpreted awra here as the genital organs or sexual matters.[42] According to critics, the important point is that annexing “awra” to “women” demonstrates that woman and awra are two distinct realities; if a woman’s entire body were awra, the expression “the awras” (al-awrat) would have been used rather than “women’s awras” (awrat al-nisa).[43]

Confinement to the Home as a Punishment for Sinful Women

One argument advanced by critics of regarding women as awra is that if all women must remain at home because they are awra, confinement to the home can no longer constitute a punishment specifically imposed on sinners.[44] The Quran, however, establishes confinement to the home as a “punishment” for women who commit indecency—adultery: “confine them to their houses” (فَأَمْسِکوهُنَّ فِی الْبُیوتِ). Ayatollah Makarem Shirazi, a contemporary marja, has also commented critically on the predominant fatwa recommending confinement by referring to the harmful consequences of confining women to the home—such as ill temper, ignorance of religious rulings, and feelings of inferiority that lead to attraction to false beliefs—and has regarded the observance of moderation as the priority.[45]

Historical Approach and External-Proposition Interpretation of the Narrations

Critics maintain that, even if the issuance of the narrations regarding women as awra is accepted, these propositions are not universal propositions expressing a permanent ruling concerning the nature of women; rather, they pertain to the particular temporal, spatial, and cultural conditions of the period of issuance and constitute external propositions.[46] They have supported this claim with evidence such as an analysis of the concept of “ayy,” the insulting nature of these narrations, and the exception concerning female slaves.

Analysis of the Concept of “Ayy”

In the hasan narration that has received more discussion than the other narrations, women are also described as possessing “ayy,” meaning an inability to speak appropriately.[47] According to critics, this description cannot pertain to the nature of women because, first, numerous counterexamples of eloquent women exist throughout history, and second, scientific and psychological studies demonstrate that women’s verbal and linguistic abilities are often superior to those of men. Therefore, the attribution of “ayy” to women in the narration refers to the cultural and historical deprivation of women during that period, not to any intrinsic inability. By the same indication, being “awra” is also a cultural and historical matter.[48]

Negative and Insulting Connotations

On the basis of lexical studies, some maintain that the root of the word “awra” denotes “something whose exposure is repugnant.”[49] Consequently, because insulting half of human society cannot be attributed to the Prophet (s), it must be stated that, if this statement was issued, it constituted a temporary description corresponding to the custom of that period, when a woman’s presence was regarded as a source of disgrace, and the Prophet made such a statement to preserve their honor.[50]

Exception of Female Slaves

According to some authors, one indication that being awra does not pertain to the nature of women is the jurisprudential ruling concerning female slaves. By the consensus of jurists, the heads and hair of female slaves—and, according to some opinions, even their bodies—are not awra, and covering them is not obligatory.[51]If being “awra” were intrinsic to the female sex, no distinction should exist between a free woman and a female slave. This exception concerning female slaves and non-Muslim women demonstrates that the ruling concerning being awra and the obligation of complete covering was a social matter related to “status and position” during that period, not an ontological truth concerning all women.[52]

Footnotes

  1. ↑ See: Majlisi, Rawdat al-Muttaqin fi Sharh Man la Yahduruhu al-Faqih, vol. 8, p. 106.
  2. ↑ Abu al-Salah al-Halabi, al-Kafi fi al-Fiqh, p. 139.
  3. ↑ Borujerdi, Tibyan al-Salat, vol. 3, pp. 252-253.
  4. ↑ Sabzevari, Muhadhdhab al-Ahkam, vol. 5, p. 232.
  5. ↑ Bahr al-Ulum, al-Durra al-Najafiyya, p. 105; Karaki, Jami‘ al-Maqasid fi Sharh al-Qawa‘id, vol. 2, p. 96.
  6. ↑ Al Asfur, al-Anwar al-Lawami‘ fi Sharh Mafatih al-Shara’i‘, vol. 10, pp. 382-383.
  7. ↑ Majlisi, Rawdat al-Muttaqin fi Sharh Man la Yahduruhu al-Faqih, vol. 8, p. 106.
  8. ↑ Yazdi, al-Urwa al-Wuthqa, vol. 5, p. 490.
  9. ↑ Safi Golpayegani, Dhakhirat al-‘Uqba, vol. 1, pp. 123-124.
  10. ↑ Eshtahardi, Madarik al-Urwa, vol. 15, p. 128.
  11. ↑ Sanei, “Rulings on Looking, Hijab, and Covering”
  12. ↑ Kulayni, al-Kafi, vol. 5, p. 511.
  13. ↑ Kufi, al-Ja‘fariyyat–al-Ash‘athiyyat, p. 95.
  14. ↑ Attributed to Imam al-Rida (a), Sahifat al-Rida, p. 70.
  15. ↑ Borujerdi, Tibyan al-Salat, vol. 3, p. 251.
  16. ↑ Hurr al-Amili, Wasa’il al-Shi‘a, vol. 20, p. 66.
  17. ↑ Kulayni, al-Kafi, vol. 5, p. 535.
  18. ↑ Borujerdi, Tibyan al-Salat, vol. 3, p. 251.
  19. ↑ Farahidi, Kitab al-‘Ayn, vol. 2, p. 237.
  20. ↑ Turayhi, Majma‘ al-Bahrayn, vol. 3, p. 416; Raghib al-Isfahani, Mufradat Alfaz al-Quran, vol. 1, p. 595.
  21. ↑ Halabi, al-Kafi fi al-Fiqh, p. 139; Ibn Hamza, al-Wasila ila Nayl al-Fadila, p. 89; Ibn Barraj, al-Muhadhdhab, vol. 1, p. 84; Bahrani, al-Hada’iq al-Nadira fi Ahkam al-Itra al-Tahira, vol. 7, p. 7; Bahr al-Ulum, al-Durra al-Najafiyya, p. 105.
  22. ↑ Borujerdi, Tibyan al-Salat, vol. 3, pp. 251-253.
  23. ↑ Borujerdi, Tibyan al-Salat, vol. 3, p. 252.
  24. ↑ Kadivar, “A Reflection on the Question of Hijab”.
  25. ↑ Reyhan, “Authenticating and Dating the Narration ‘A Woman Is Awra’ in Narrative Sources,” pp. 115-117.
  26. ↑ Reyhan, “Authenticating and Dating the Narration ‘A Woman Is Awra’ in Narrative Sources,” pp. 111-112.
  27. ↑ Tayyebi, Safari, and Mehrizi, “The Relationship between the Narration ‘Women Are Incapable of Speech and Awra’ and the Obligation of Religious Hijab up to the Fifth Century,” p. 105.
  28. ↑ Allama al-Hilli, Ajwibat al-Masa’il al-Muhanna’iyya, p. 40.
  29. ↑ Nirumand, Ref‘at, and Zhian, “A Critical Analysis of the Expression ‘A Woman’s Voice Is Awra’ as a Hadith and Jurisprudential Rule,” pp. 312-313.
  30. ↑ Kulayni, al-Kafi, vol. 1, p. 69.
  31. ↑ Allama al-Hilli, Muntaha al-Matlab fi Tahqiq al-Madhhab, vol. 3, p. 30; Bahrani, al-Hada’iq al-Nadira fi Ahkam al-Itra al-Tahira, vol. 10, pp. 45-46.
  32. ↑ Sadr, Buhuth fi ‘Ilm al-Usul, vol. 7, pp. 333-334.
  33. ↑ Al-Mumtahana, 12.
  34. ↑ Al-Nisa, 32.
  35. ↑ Al-Naml, 23.
  36. ↑ Shajarian, The Question of Chastity, pp. 220-226.
  37. ↑ Tayyebi, Safari, and Mehrizi, “The Relationship between the Narration ‘Women Are Incapable of Speech and Awra’ and the Obligation of Religious Hijab up to the Fifth Century,” p. 114.
  38. ↑ Al-Ahzab, 35; Al-Nahl, 97.
  39. ↑ Al-Rum, 21.
  40. ↑ Al-Baqara, 187.
  41. ↑ Shajarian, The Question of Chastity, pp. 226-228.
  42. ↑ Zamakhshari, al-Kashshaf an Haqa’iq Ghawamid al-Tanzil, vol. 3, p. 232; Tabarsi, Majma‘ al-Bayan, vol. 7, p. 218.
  43. ↑ Tayyebi, Safari, and Mehrizi, “The Relationship between the Narration ‘Women Are Incapable of Speech and Awra’ and the Obligation of Religious Hijab up to the Fifth Century,” p. 114.
  44. ↑ Tayyebi, Safari, and Mehrizi, “The Relationship between the Narration ‘Women Are Incapable of Speech and Awra’ and the Obligation of Religious Hijab up to the Fifth Century,” p. 114.
  45. ↑ Makarem Shirazi, al-Hashiya ala al-Urwa al-Wuthqa, vol. 2, p. 755.
  46. ↑ Kadivar, “A Reflection on the Question of Hijab 2”.
  47. ↑ Majlisi, Mir’at al-Uqul fi Sharh Akhbar Al al-Rasul, vol. 20, p. 373.
  48. ↑ Tayyebi, Safari, and Mehrizi, “The Relationship between the Narration ‘Women Are Incapable of Speech and Awra’ and the Obligation of Religious Hijab up to the Fifth Century,” p. 116.
  49. ↑ Mostafavi, al-Tahqiq fi Kalimat al-Quran al-Karim, vol. 8, p. 260.
  50. ↑ Shajarian, The Question of Chastity, pp. 235-237.
  51. ↑ Shahid al-Awwal, al-Durus al-Shar‘iyya fi Fiqh al-Imamiyya, vol. 1, p. 147; Shahid al-Thani, Rasa’il al-Shahid al-Thani, vol. 2, p. 735; Al Asfur, al-Anwar al-Lawami‘ fi Sharh Mafatih al-Shara’i‘, vol. 10, p. 382.
  52. ↑ Shajarian, The Question of Chastity, pp. 238-239.

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