بســـــــــــــــــــم الله الرحمن الرحيم
The ‘awrah of a man differs over four scenarios:
1. When alone – his ‘awrah is his front and rear private parts (one must remember that there are angels and jinn present around, even when in isolation)
2. During ṣalāh, and when in the presence of men and maḥram women – his ‘awrah is what is between the navel and knees. The navel and knees themselves aren't part of the ‘awrah, though a portion of each of them must be covered, due to the legal principle “whatever is required in order for the fulfilment of a wājib is itself wājib”, and the wājib of the complete covering of what is between the navel and knees cannot be achieved except by covering a portion of each.
3. In the presence of non-maḥram women – his ‘awrah is his entire body.
4. In the presence of his wife – there is no ‘awrah, though it is makrūh for her to look at his private organ.
As for the ‘awrah of a man in the presence of non-maḥram women (scenario number 3 above), the mu‘tamad (relied-upon) position of the Shāfi‘ī school is that it is his entire body, as confirmed by Imām al-Nawawī. As such, a woman may not see anything of a non-maḥram man, even when there is no desire (shahwah) and no likelihood of temptation (fitnah). However, there are alternative positions within the school that were held by its authorities, these being:
1. The position of Imam al-Rāfi‘ī and Imām al-Mawardī that his ‘awrah in this scenario is what is between his navel and knees when there is no likelihood of temptation (“temptation” meaning anything that leads to sexual intercourse or the acts that usually precede it).
2. The position of Imām al-Jalāl al-Bulqīnī that his ‘awrah in this scenario is his entire body except for his face and hands when there is no likelihood of temptation, this being a strong position within the school.
3. The position that his ‘awrah in this scenario is that which is usually covered while he is working, elaborated upon above.
2. The position of Imām al-Jalāl al-Bulqīnī that his ‘awrah in this scenario is his entire body except for his face and hands when there is no likelihood of temptation, this being a strong position within the school.
3. The position that his ‘awrah in this scenario is that which is usually covered while he is working, elaborated upon above.
The ‘awrah of a woman differs over five scenarios:
1. When alone, and when in the presence of women and maḥram men – her ‘awrah is that which is between the navel and knees.
2. In the presence of religiously corrupt women (fāsiqāt) and non-Muslim women – her ‘awrah is that which is usually covered while she is working in the house. This includes her entire body except for her head, face, neck, hands up to the elbows, and feet up to the knees.
3. During ṣalāh – her ‘awrah is her entire body besides her face and hands. (It must be noted that her feet are included as part of the ‘awrah, as are her wrists, and so they must be covered.)
4. In the presence of non-maḥram men – her ‘awrah is her entire body.
5. In the presence of her husband – there is no ‘awrah, though it is makrūh for him to look at her private organ.
5. In the presence of her husband – there is no ‘awrah, though it is makrūh for him to look at her private organ.
As for the ‘awrah of a woman in the presence of non-maḥram men (scenario number 4 above), the mu‘tamad (relied-upon) position of the Shāfi‘ī school is that it is her entire body. As such, a man may not see anything of a non-maḥram woman, even when there is no desire (shahwah) and no likelihood of temptation (fitnah), and a woman must cover her entire body before non-maḥram men. However, there is a second position that her ‘awrah in such a scenario is her entire body excluding her face and hands (note that her feet are not excluded, therefore they must be covered) provided that there is no fear of temptation and desire, and that there be no adornment on her face. The 13th Hijrī-century scholar Shaykh Ibrāhīm al-Bayjūrī stated, “There is no harm in following this second position, especially in this age in which women going out to the streets and markets has become widespread.” (Ḥāshiyat al-Bayjūrī 2/141)
An important note must be made regarding the ‘awrah of a woman before other women and her maḥram men (scenario number 1 in the discussion on the ‘awrah of a woman), as well as the ‘awrah of a man before other men and his maḥram women (scenario number 2 in the discussion on the‘awrah of a man). The letter of the law is that their ‘awrah in such scenarios is only that which is between the navel and knees. However, one must be warned that this is what is considered the legal bare minimum. It is not to be taken as a green light to freely uncover sensitive parts of one's body which are legally not considered ‘awrah in the presence of such people, particularly when among youths, for Islam is a religion of modesty, and modesty entails decency in covering appropriately before others, regardless of gender or kinship. This is especially true in our age where indecency is ever so swiftly becoming the norm, to the point that immoral behaviours are now taking place among relatives and those of the same gender (Allah protect us!). Rather, one must fear Allah and dress appropriately before one's maḥrams and those of the same gender (and perhaps follow the stricter positions of those such as the Mālikīs which oblige covering and forbid looking at such parts of the body in these scenarios), until and unless a genuine need arises, in which case one may make use of the bare minimums that the Sacred Law have laid down, to the extent needed.
Unmarriageable Kin (Maḥram)
Given that one needs to cover to a different degree before the opposite gender based on whether he or she is a maḥram, the question arises: what is a maḥram, and who are one's maḥrams?
A maḥram is someone one is permanently forbidden to marry. A man's maḥrams are his:
1. mother, grandmothers, and on up;
2. daughters, daughters of his children (i.e. granddaughters), and on down;
3. sisters;
4. mother's sisters (i.e. maternal aunts), grandmother's sisters, and on up;
5. father's sisters (i.e. paternal aunts), father's father's sisters, and on up;
6. daughters of brothers or sisters (i.e. nieces), their children's daughters, and on down;
7. wife's mother, grandmother, and on up;
8. the wives of his father, father's father, and on up;
9. the wives of his children, children's children, and on down;
(all of whom from 7. to 9. are unlawful for him to marry by the mere fact of marriage. As for a
man's wife's daughter from a different husband, she is not unlawful for him to marry until he has had sexual intercourse with her mother. Were he to divorce the mother before intercourse, it would be permissible for him to marry the daughter.)
10. and all those considered as maḥrams to him through his having been breast-fed by a particular wet nurse in infancy.
A woman's maḥrams are her:
1. father, grandfathers, and on up;
2. sons, sons of her children (i.e. grandsons), and on down;
3. brothers;
4. father's brothers (i.e. paternal uncles), meaning the brother of any male ancestor;
5. mother's brothers (i.e. maternal uncles), meaning the brother of any female ancestor;
6. sons of brothers or sisters (i.e. nephews), or any other descendants of brothers or sisters;
7. her husband's father, grandfather, and on up, and husband's son and descendants;
8. the husband of her mother, grandmother, and on up;
9. the husband of her daughter or other female descendant;
10. and maḥrams to her through her having been breast-fed by a particular wet nurse in infancy.
Examples of those who aren't one's maḥrams are:
• one's cousins,
• uncles' wives (for men),
• aunts' husbands (for women),
• one's brothers-/sisters-in-law,
• and anyone else who doesn't come under the two above-mentioned lists.
• one's cousins,
• uncles' wives (for men),
• aunts' husbands (for women),
• one's brothers-/sisters-in-law,
• and anyone else who doesn't come under the two above-mentioned lists.
How One Must Cover Before Children
As for non-murāhiq children (i.e. children who are not yet close to puberty):
1. if they have not reached an aged where they can identify and describe ‘awrāt, then their presence is like their absence.
2. if they are able to identify and describe ‘awrāt but without desire (shahwah), then one must cover before them as one does before a maḥram.
3. if they are able to identify and describe ‘awrāt with desire, one must cover before them as one does before an adult.
As for murāhiq children (i.e. children who are approaching puberty), they are treated as adults in all cases. As such:
• a woman must fully cover herself before a murāhiq boy and vice versa.
• a murāhiqah girl must fully cover herself before other men and vice versa.
• men must lower their gazes from a murāhiqah girl and vice versa.
• one may not shake hands with or touch a murāhiq[ah] of the opposite gender.
These rules are unbeknown to many people, particularly women. Many are those who will think, “Well, I don't have to cover in front of him, he's only 12 years old,” or, “My daughter doesn't have to wear ḥijāb yet, she's still 10 years old.” These are matters which one must make known to one's family and friends for the sake of their religion's safety, particularly in our times wherein children are now being exposed to lewdness at such young ages (Allah protect us, our families, and our communities!).
We ask Allah to grant us the divine facilitation to carry out His commands. We ask Him Most Merciful to veil our faults, to assuage our fears, to overlook our shortcomings, to grant us, our families and our communities safety and wellbeing, and to make us of His righteous servants.
And Allāh knows best.
وآخر دعوانا أن الحمد رب العالمين. وصلى الله على سيّدنا محمد وعلى آله وصحبه وسلَّم.
References
• Reliance of the Traveller, Sh. Nuh Ha Mim Keller (translation of ‘Umdat al-Sālik by Imām Aḥmad ibn Naqīb al-Miṣrī)
• التقريرات السديدة في المشائل المفيدة، للسيد حسن بن أحمد بن محمد الكاف
• مغني المحتاج شرح المنهاج للخطيب الشربيني
• حاشية البيجوري على شرح ابن قاسم الغزي على متن أبي شجاع
