Ayah 24:28Ruling
If a person asks permission from someone and he replies in the negative that he cannot meet at that time, then the caller should go back and not feel offended. He should realize that every one's needs and circumstances are different, and at times it is beyond the control of persons to call in the visitor or to go out and meet him. Hence, his refusal to meet should be accepted with good grace. In the present verse the same thing is emphasized وَإِن قِيلَ لَكُمُ ارْجِعُوا فَارْجِعُوا هُوَ أَزْكَىٰ لَكُمْ that is, ` If it is said to you, "Go back" just go back, it is more decent for you - 24:28. Some people of the past ages are reported to have said ` I waited all my life wishing that I visit someone and seek permission to go in the house, and the host turns down my request asking me to go back so that I could be rewarded the grace of this Qur’ anic injunction by following it. But, alas, I could never get that blessing'.
Ruling
The Islamic jurisprudence has established a two-sided system of teaching the mannerism of social graces and of saving all from the troubles and inconvenience. The way visitors are advised in this verse that if their request for permission to go in is turned down, they should not feel offended, similarly, the other side of the coin is taught in a Hadith. The Holy Prophet ﷺ has said انّ لزورک علیک حقّا . (Surely your visitors have some rights to be observed by you). It means that one who comes to meet you he too has his right on you. His right is that you should call him in, pay him respect and listen to him. Do not refuse to meet him without any serious excuse or a genuine reason.'
Ruling
If one goes to meet someone and seeks permission to go in, but does not get an answer, then according to practice of the Holy Prophet ﷺ ، he should knock a second time, and still if there is no answer then he should knock a third time. If he does not get an answer the third time, then the injunction is, that he should go back. After knocking three times it becomes obvious that the inmate must have heard the knock, but presumably he is in a condition that he cannot answer, for instance, praying or in the toilet or taking shower. Alternatively, he does not want to meet at that time. In both the situations it is not advisable to keep on staying there or keep on knocking, as it will upset the host, which must be avoided. The real purpose of isti'dhan is to avoid any inconvenience to the host.
Sayyidna Abu Musa Ash` ari ؓ has narrated that once the Holy Prophet ﷺ said that اذا استأذن احدکم ثلاثاً فلم یؤذن لہ فلیرجع that is, ` when someone seeks permission three times and does not get reply, he should go back' (Ibn Kathir quoting Sahih of Bukhari). And Masnad Ahmad has reported on authority of Sayyidna Anas ؓ that once the Holy Prophet ﷺ had gone to meet Sayyidna Sa'd Ibn ` Ubadah ؓ ، and said Assalamu ` Alaikum (السلام علیکم ) from outside to seek permission (Isti'dhan) to go in, according to his practice. Sayyidna Sa'd ؓ did reply the greeting but in a soft tone, so that the Holy Prophet ﷺ does not hear. He repeated the greeting a second time and then a third time. On each occasion Sayyidna Sa'd ؓ listened the greeting and replied in a soft tone. After that the Holy Prophet ﷺ went back. When Sayyidna Sa'd ؓ realized that, he ran after him and explained that he heard his voice every time and also replied but in a soft tone, so that the greeting words are spoken for him repeatedly by the blessed tongue, as they will bring good fortune to him. (the Holy Prophet ﷺ explained to him the way of sunnah that when there is no response from inside, the visitor should go back) After that Sayyidna Sa'd رضی اللہ تعالیٰ عنہ took the Holy Prophet ﷺ along with him to his house where he treated him with some refreshments, which the Holy Prophet ﷺ accepted graciously.
This action of Sayyidna Sa'd ؓ was the result of overwhelming love and affection for the Holy Prophet ﷺ ، and at that moment he did not realize that the most exalted Messenger was waiting at his door and he should immediately go out and receive him with due respect. Instead, his mind was induced toward the thought that it would be of benefit to him if the blessed tongue would utter Assalamu ` Alaikum repeatedly. In any case this incident has established the issue that if there is no answer after seeking permission thrice, then according to practice of the Prophet ﷺ ، the visitor should go back. It is against the sunnah of the Holy Prophet ﷺ to keep on waiting there, which will be a cause of trouble for the inmate and tantamount to forcing the host to come out.
Ruling
The foregoing ruling relates to the situation when one has sought permission thrice by knocking and greetings. In that situation to keep on waiting there would cause trouble to the host. But if someone waits at the door of a scholar or a pious person without seeking permission or without informing him, in the hope that he would meet him when he would come out according to his convenience, such a waiting is not undesirable, rather it is a great respect shown by the caller. The Qur'an itself has advised people that to call the Holy Prophet ﷺ while he is inside, with the purpose of calling him out of the house is disrespect to him. People should wait for him outside until he comes out on his own according to his convenience. The related verse says وَلَوْ أَنَّهُمْ صَبَرُوا حَتَّىٰ تَخْرُجَ إِلَيْهِمْ لَكَانَ خَيْرًا لَّهُمْ (And if they had patience until you come out to them, that would be better for them - 49:5). Sayyidna Ibn ` Abbas ؓ has said, ` Sometimes I keep on waiting the whole afternoon at the door of an Ansari companion until he would come out on his own, for asking about some Ahadith . Had I sought permission to go in, he would have definitely allowed me, but I regarded that against ethics. That is why I used to bear the trouble of waiting'. (Sahih a1-Bukhari).
Ayah 24:29لَّيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَدْخُلُوا بُيُوتًا غَيْرَ مَسْكُونَةٍ فِيهَا مَتَاعٌ لَّكُمْ
There is no sin on you if you enter uninhabited houses in which you have rightful benefit - 24:29.
Literal meaning of the word متاع Mata` is to use, put to use, and to benefit from something. Anything from which some benefit is drawn is also called Mata`. In this verse Mata` is used in its literal meaning and is translated as 'rightful benefit'. It is reported by Sayyidna Abu Bakr ؓ that when verses regarding isti'dhan (seeking permission) were revealed, he inquired from the Holy Prophet ﷺ "Ya Rasul Allah! what would the traders of Quraish do after this prohibition? They travel with trading caravans from Makkah and Madinah to Syria and have a number of resting places spread out all along the route, where they stay while traveling. There are no permanent inmates in those places. So, what will be the form of isti'dhan at those places? Whom will they seek the permission from?' On this enquiry the above verse was revealed (Mazhari on authority of Ibn Abi Hatim).
The background of revelation of this verse tells us that the phrase بُيُوتًا غَيْرَ مَسْكُونَةٍ (uninhabited houses) relates to those houses and places which are not specifically meant for the residence of any individual or community. Rather they are open to all to go in and stay or use, such as public inns, which are made for the purpose of free stay of the travelers, mosques, shrines, schools, hospitals, post offices, railway stations, airports and community centers. Thus, all places built for the common welfare of people fall under this category, where everyone is allowed to go in and use.
Ruling
In all the welfare centers where there are some restrictions or conditions placed by the owners or by the organizers for entry, their observance is obligatory by religious law also. For instance, if it is necessary for entering a railway platform to purchase the ticket, it will not be permissible in Shari` ah to enter it without the ticket. The ticket is compulsory. Similarly, going into the restricted area of an airport is not allowed without having the necessary permission.
Ruling
However, if the specific rooms are reserved in mosques, shrines, schools, hospitals etc. for their staff, such as closets in mosques, shrines and schools or the offices in the hospitals, railway stations and airports, they do not fall under the category of 'uninhabited houses'. In all such places entry without permission is prohibited by Shariah.
Some other issues related to Isti'dhan
When we have learnt that the basic purpose of the Sharl'ah injunction of Isti'dhan is to avoid giving any trouble to others, and teaching of ethics of social graces, on the same principle the following code of conducts can also be drawn.
Some Issues relating to Telephone
To ring up anyone at a time which is normally his resting time or the time for prayers, unless extremely urgent, is not justified, for the same reason that it will be troublesome for him, just like entering anyone's house without permission, which disturbs the freedom of the host.
Ruling
If one has to talk to someone frequently, then it is desirable that it should be enquired from him the convenient time when he can talk without any trouble, and then only at that time he should be contacted on telephone.
Ruling
If one has to discuss something in detail with someone on telephone, then it is advisable that he should first find out from him whether he can talk in detail for some length of time. It is a common happening that when one is busy, the telephone bell rings, and he is compelled to lift the receiver no matter what he was doing, and if the caller talks for long, it really hurts the listener.
Ruling
Some people do not care about the ringing of telephone. It keeps on ringing but they would not lift the receiver. This habit is also against the Islamic ethics, and tantamount to usurpation of the right of the caller. As the Hadith says (Your guests have some rights obligated on you). It indicates that the one who has come to meet you, it is his right that you talk to him, and do not refuse meeting him without reason, similarly, the one who wants to talk to you on telephone, it is his right that you respond.
Ruling
If you have gone to someone's house to meet him, and are waiting for the permission, in that situation you must not peep in, because the purpose of Isti'dhan is that you should not know what the host wants to hide from you. If you see it by peeping inside, then that purpose is lost. It is strongly prohibited in the hadith (Bukhari and Muslim quoting Sahal Ibn Sa'd as-Sa'idi). It was the practice of the Holy Prophet ﷺ that if he would go to meet someone and wait for the permission to go in, he would stand by the side of the door and not in front of it. He used to make Isti'dhan by the side of the door, because very seldom there were curtains on the door during that time, and if they were, there was the possibility of their opening up with the wind. (Mazhari)
Ruling
The prohibition to go in the houses mentioned in the above verse is meant under normal conditions. But if there is an emergency, like fire or demolition of the house, then one can enter without taking permission, rather it is desirable to go in immediately.
Ruling
If a person has sent someone to call another person, and he comes along with the person who had gone to fetch him, then he need not take permission to go in. The messenger who had gone to fetch him is permission by itself. But if he does not turn up along with the messenger, but goes later, then seeking of permission will be required. The Holy Prophet ﷺ has said اذا دعی أحدکم فجاء مع الرسول فان ذلک اذن ` If someone is called and he comes along with the messenger, then this by itself is permission for going in'. (Abu Dawud - Mazhari)
Ayah 24:30Commentary
An important chapter for the prevention of obscenity and security of chastity: Hijab for women
The very first verses on the subject of hijab for women are the ones which were revealed in Surah Ahzab at the time of marriage of the mother of the believers Sayyidah Zainab bint Jahash ؓ with the Holy Prophet ﷺ . Some have given the date of revelation of these verses as 3rd Hijra while others say it was 5th Hijra. Tafsir Ibn Kathir and Nail Al-Autar have given preference to the latter date, while Ruh ul-Mani has reported on the authority of Sayyidna Anas ؓ that this marriage was solemnized in Dhulqa'dah 5th Hijra. But it is an agreed position that the first verse on Hijab was revealed on this occasion. As for the above referred verses of Surah an-Nur, they were revealed at the time of incident of Ifk, which had happened on return from the battle of Bani Mustaliq or Muraisi`. This battle had taken place in the 6th Hijra. Hence, it is clear from the revelation point of view that Surah An-Nur's verses on hijab were revealed later, and Surah Ahzab's four verses were revealed earlier, and that the practice on the injunction of hijab had started when the verses of Surah Alhzab were revealed. The subject of hijab will be discussed Insh’ Allah in detail under Surah Ahzab. Here the explanation will be restricted to only those verses which appear in Surah an-Nur.
قُل لِّلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصَارِهِمْ وَيَحْفَظُوا فُرُوجَهُمْ ۚ ذَٰلِكَ أَزْكَىٰ لَهُمْ ۗ إِنَّ اللَّـهَ خَبِيرٌ بِمَا يَصْنَعُونَ ﴿30﴾
Say to the believing men that they must lower their gazes andguard their private parts; it is more decent for them. Surely Allah is All-Aware of what they do. (24:30)
The word يَغُضُّ (yaghuddu) is derived from غضّ (ghadd), which means to bring down or to lower, (Raghib) lowering of eyes or to keep eyes down as enjoined in the verse, means to turn the eyes from something which is prohibited to be seen by Shari` ah (Ibn Kathir). Ibn Hibban has given the explanation that to look at a non-Mahram woman with intent to have (sexual) pleasure is totally prohibited, and to look without any such motive is makruh (undesirable). To look at any woman's or man's private parts of the body is included in this explanation (except in case of dire necessity, such as medical examination). Peeping into anyone's house with the intent of finding out his secrets, and all such acts where looking is prohibited by Shari` ah are all included in the injunction. (24:30)
وَيَحْفَظُوا فُرُوجَهُمْ Protection of private parts is purported to express that all possible situations of satisfying unlawful sexual desires be guarded against. In this, adultery, sodomy, lesbian act, masturbation and all such acts that fulfill unlawful lust and passions are prohibited. The purpose of the verse is to prohibit all illicit acts for fulfilling unlawful passions. For this purpose the initial and the ultimate acts have been mentioned rather clearly, and all those actions which fall in between them are also included in the prohibition. For unlawful sexual passion the very first act is casting eye with bad motive and its ultimate result is adultery. Both these acts have been mentioned clearly and are prohibited. All other acts falling in between, such as touching hands or having conversation, are included by implication.
Ibn Kathir has related Sayyidna ` Ubaidah ؓ having said . کُلّ ما عصی اللہ بہ فھو کبیرۃ وقد ذکر الطفین that is ` Any act done in disobedience to Allah is a major sin, but the initial and ultimate acts are mentioned at the two ends of the verse'. The initial act is to cast eye, and the ultimate is adultery. Tabarani has quoted Sayyidna ` Abdullah Ibn Masud ؓ that the Holy Prophet ﷺ once said:
النظر سھم من سھام ابلیس مسموم من ترکھا مخافتی ابدلتہ ایمانا یجد حلاوۃ فی قلبہ (از ابن کثیر)
` Casting eye is a poisonous arrow among the arrows of Satan. Whoever turns away his eye fearing from Me (despite demand of the heart), I will give him such strong faith, the delight of which he will feel in his heart'. (Ibn Kathir)
It is reported in Sahih Muslim on the authority of Sayyidna Jarir Ibn ` Abdullah al-Bajali ؓ that the Holy Prophet ﷺ has advised what should one do if by chance one's eye is cast on a non-Mahram woman. He has quoted the Holy Prophet ﷺ as saying ` Turn away your eyes from there'. (Ibn Kathir). Sayyidna Ali ؓ has said that first sight is forgivable, but casting eye a second time is sin. Both versions are alike, that is, if one casts his eye by chance without intention, it is forgiven being not intentional, otherwise it is prohibited to cast the eye intentionally, even the first time.
To stare intentionally at boys having no beard also falls within this ruling
Ibn Kathir has reported that many elders of the Ummah used to forbid forcefully staring at young boys (having no beard), and many scholars have declared it as forbidden (Perhaps it is in a situation when one looks with bad intention and passionate desire. God knows best)
Ayah 24:31Looking at non-Mahram is forbidden
وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ
And say to the believing women that they must lower their gazes - 24:31.
In the initial part of this long verse the injunction is the same which has been enjoined on men-folk in the preceding verse, that is, keep the eyes down or turn away the eyes. Women-folk are also included in the injunction along with men, but in the next verse there is a separate injunction for them for laying more emphasis. Hence, it is clear that for women it is forbidden to look at any man except their mahrams. Many scholars have declared that it is absolutely forbidden for women to see non-Mahram men, irrespective of looking with bad intent and passion or without any intent and passion; in either case it is forbidden. For this ruling the argument, put forward in support is the hadith of Sayyidah 'Umm Salamah ؓ which relates that once 'Umm Salamah and Maimunah ؓ both were with the Holy Prophet ﷺ when suddenly 'Abdullah Ibn 'Umm Maktum ؓ ، the companion of the Holy Prophet ﷺ who was blind, came in, and the Holy Prophet ﷺ asked them to go inside. This incident had happened after the injunction of hijab for women was revealed. On this 'Umm Salamah ؓ pleaded ` O Holy Prophet ﷺ ! But he is only blind, he can't see us'. Then the Holy Prophet ﷺ replied ` Is it that you are blind too?' (Abu Dawtid and Tirmidhi - Tirmidhi declared this hadith as hasan Sahih). Other jurists have ruled that there is no harm if women look at strange males without any passion. They base their argument on the hadith of Sayyidah ` A'ishah ؓ in which it is related that on an Eid day some African youths were showing their military exercises in the courtyard of the Mosque of the Holy Prophet ﷺ and the Holy Prophet ﷺ was watching this game, and so was Sayyidah ` A'ishah ؓ ، under the cover of the back of the Holy Prophet ﷺ . She kept on watching the game until she herself got tired of it, but the Holy Prophet ﷺ did not object to her watching. Scholars are all unanimous on the point that looking with lust is prohibited, but looking without lust is also not a preferred act.
To look at a woman's satr (concealable) parts by another woman without any lawful reason is also prohibited in line with the wordings of this verse. It is for the reason that concealing of satr (concealable) from all, both by men and women, is obligatory by Shariah. Man's satr (concealable) comprises all parts of the body from navel to knees, and that of women, the whole body, except face and palms. Neither can a man see another man's satr nor can a woman see another woman's satr. Looking by a man at a woman's satr or of a woman at a man's satr is highly prohibited, and amounts to contradiction of the injunction of the Qur'anic verse which enjoins for ` turning away the eyes'. As has been explained above in detail, it is enjoined in the verse to lower the eyes or to turn the eyes away from everything which is prohibited to be seen under Islamic injunctions. To look at a woman's satr by another woman is included in that.
وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ
And must not expose their adornment, except that which appears thereof, and must wrap their bosoms with their shawls, and must not expose their adornment except to their husbands - 24:31.
The literal meaning of zinah (زینۃ) is that with which a woman adorns herself to appear attractive. It may be nice clothes or ornaments. There is an agreement of the scholars on the point that when the clothes and ornaments are not worn by women, and are only displayed in the market place, then they are allowed to be seen by men-folk. For this reason majority of scholars have taken the meaning of zinah as those parts of the body where the objects of zinah are worn. Hence, the meaning of the verse is that it is obligatory for women not to show the parts of the body where the objects of adornments are worn. (Ruh u1-Ma’ ani). Whereas it is prohibited for women in this verse to show their zinah, two exceptions have, however, been made. One is for that to be seen and the other for those who see.
Exception from the injunction of hijab
First exception is that of مَا ظَهَرَ مِنْهَا (except that which appears thereof). It means that ` Women are not permitted to show their zinah زینۃ to men, except that which is revealed on its own'. The indication is that while women are working, some parts of the body get uncovered automatically, and their covering is difficult, hence, exception of such parts is permitted. There is no sin in their uncovering. (Ibn Kathir). Which parts do really fall under this exception? On this subject Sayyidna 'Abdullah Ibn Masud and 'Abdullah Ibn 'Abbas ؓ have given different explanations. Sayyidna 'Abdullah Ibn Masud ؓ has explained that what has been excepted in مَا ظَهَرَ مِنْهَا is the outer covering, such as veil or the sheet used for hijab. These over-clothings are used to cover up the normal garments of zinah زینۃ . Hence, the meaning of the verse would be that it is not permitted to show anything from the zinah زینۃ (garments), except the over-clothings like veil, whose hiding is not possible when going out for some work. On the other hand Sayyidna 'Abdullah Ibn 'Abbas ؓ has interpreted that it is purported for face and palms, because when a woman is forced to go out because of necessity, it is difficult to hide face and palms while engaged in her work. Therefore, according to the explanation of Sayyidna 'Abdullah Ibn Mas'ud ؓ it is not permitted for women even to uncover - their faces and palms before non-Mahram men. Only the over-clothings, like veil etc. are excepted under necessity. But in accordance with the explanation of Sayyidna 'Abdullah Ibn 'Abbas ؓ it is permitted to uncover the face and palms before the non-Mahrams. Thus, there is a difference of opinion among the religious scholars on the issue whether it is permissible to uncover the face and palms before non-Mahrams or not. But all agree on that if there is a risk of fitnah (i.e. stimulation of illicit desires) by looking at feminine face and palms, then its uncovering is not allowed, and women are not permitted to uncover their faces and palms in that situation. All scholars also agree on that in prayers women can uncover their faces and palms and in the uncovered position their prayers will be considered valid.
Qadi Baidawi and Khazin have said in the explanation of this verse that the object of the verse appears to be that women should not let anything of their zinah زینۃ be seen, except that which gets uncovered during the process of working. In this definition the veil and sheet, as well as face and palms are all included, because when a woman goes out for some necessary work, veil and sheet are open to be seen in any case, but sometimes face and palms also get uncovered during the movements of work. Hence, their uncovering is allowed and is not regarded a sin. But it does not mean that men are allowed to see faces and palms of women unnecessarily. Instead, it is enjoined upon men to keep their eyes lower, and if a woman is constrained to uncover her face or palms, the men should turn their eyes away, unless required to see in the performance of some lawful act. In this explanation both the traditions and interpretations are reconciled. Imam Malik (رح) has also ruled that it is not allowed to see the face and palms of a non-Maliram woman without a lawful need. Ibn Hajar Makki Shafi` i (رح) has quoted in his zawajir that Imam Shafi` i's view is also the same that although women's face and palms are not part of their satr, and they are allowed to pray while these parts are uncovered, yet non-Mahrams are not allowed to see them without a lawful need. However, this has already been stated above that even those scholars who have ruled it permissible to see women's face and palms, also agree that if there is a risk of mischief, then looking at their faces is not permissible. It is well known that the center of beauty and .attraction is the face of a person, and the present age is full of temptation, mischief and lasciviousness, and people are lost in remissness. Therefore, in the present circumstances it is impermissible to uncover the face before the non-Mahram men, except for medical treatment or in emergency. Similarly, it is not allowed for the men-folk as well to look at women intentionally, unless it is required by a genuine need.
After granting exception to the opened Zinah, it is enjoined in the verse under reference وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ (24:31) that is, ` must wrap their bosoms with their shawls'. خُمُرِ) Khomor is the plural of (خِمار) Khimar. It is the piece of cloth which women use to cover their head, and it also covers up the neck and bosom. جیوب (juyub) is the plural of جَیب (jayb) which means upper part of the shirt just below the neck. Since the time immemorial this part of the garment is placed over the chest of a person, hence the covering of juyub means covering of the chest or bosom. In the beginning of the verse showing of zinah زینۃ was prohibited, while in this sentence hiding of zinah زینۃ is emphasized and a specific situation is also described, the purpose of which is to eliminate an old custom of pre-Islamic days. In the pre-Islamic time women used to place the sheet on their head and let its two sides hang on their back, with the result that their neck, ears and bosom were left uncovered. Therefore, Muslim women were enjoined not to follow this, and instead were advised to place the two sides of the sheet one over the other, so that all these parts are covered. (Ibn Abi Haim from Ibn Jubair - Ruh)
The second exception in the verse relates to the men before whom no hijab is to be observed by women. There are two reasons for this exception. First, those men who are exempt from this injunction are the mahrams, hence, no risk of any trouble is expected from them. Allah Ta’ ala has put in their hearts deep respect and honour of their close female relatives, hence, there is no possibility of any mischief from them. Secondly, since the close relatives normally live all together, for the sake of convenience it is required that they do not hide from each other. But this should also be kept in mind that this exception from hiding from mahrams is exclusive to hijab, and not from the satr of women, where the exception is allowed only to husbands. Those parts o: the body of women which are included in satr, and which are not allowed to be uncovered in the prayers, are not permitted to be seen by any mahram.
Eight types of mahram men and four other types with whom no hijab is necessary are listed in this verse. In another verse of Surah Ahzab, which was revealed before this verse, only seven types of mahram are mentioned. Hence, five more types were added in the above referred verse of Surah an-Nur, which is a later revelation.
Warning
It should be noted that the word mahram is used here in its general sense, which includes husband also. In the connotation used by the scholars for this word it means the person with whom marriage is not allowed. That meaning of the word is not intended here. Let us now take up the details of the twelve exceptions mentioned in the verse under consideration: The first exception is that of husband with whom hiding of any part of the wife's body is not required. But, looking at the private parts of wife without need is not a preferable act. Sayyidah ` A'ishah ؓ has said مَا رأی منّی ولا رأیت منہ ` Neither he saw my private parts nor did I see his'.
Second, exception is of fathers, in which category apart from father, grandfather, great grandfather are all included. Third, is the father-in-law, and husband's grandfather and great grandfather. Fourth, are the sons. Fifth, are the husband's sons, who may be from his other wives. Sixth, are the brothers, in which category all step-brothers whether from real-mother or from real-father are included. But cousin brothers are not part of this category. They are all non-Mahrams. Seventh, are the sons of brothers. Here also sons of step-brothers are included, but sons of cousins are not included. Eighth, are the sons of sisters, and here again sons of step-sisters are included but not those of the cousins. These are the eight categories of mahrams.
Ninth category
أَوْ نِسَائِهِنَّ (31) (or to their women). These words are used for Muslim women, before whom all such parts can be uncovered which are allowed to be uncovered before father or sons. It has already been clarified earlier that this exception relates to hijab alone and not the satr. It is for the simple reason that, what is not allowed to be uncovered before mahram men is also not permitted to be uncovered before any Muslim woman, except for medical treatment or under dire need.
By the exception made only for Muslim women it becomes obvious that it is necessary for Muslim women to cover themselves before non-Muslim women as well. Non-Muslim women are thus in the same category as that of non-Mahram men. Ibn Kathir has quoted the. explanation given by Mujchid (رح) for this verse that it is not permissible for a Muslim woman to uncover herself before non-Muslim women. But there are Sahih ahadith available which prove that non-Muslim women used to visit wives of the Holy Prophet ﷺ ، hence, there is a difference of opinion among the jurists on the subject. Some have declared non-Muslim women like men for the application of this injunction, while others have placed both Muslim and non-Muslim women under one category - that is covering before them is not necessary. Imam Razi (رح) has opined that the word نِسَائِهِنَّ (their women) encompasses both Muslim and non-Muslim women, and the practice of virtuous elders of making Muslim women covered before non-Muslim women was because it was desirable (but not obligatory). Mufti of Baghdad, ` Allamah ` Alusi (رح) has adopted this explanation in the Ruh ul-Ma` ani, and has remarked ھٰذا القول اوفق بالنّاس الیوم فانّہ لا یکاد یمکن احتجاب المسلمات عن الذمیات (روح المعانی) This explanation is more suited to present time because it has become almost impossible for Muslim women to cover themselves before non-Muslim women. (Ruh ul-Ma` ani)
Tenth category
أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ (24:31). (or to those owned by their right hands). The general sense of the wording includes both male and female slaves and servants, but many a scholars and jurists consider that it applies only to female slaves, and not to the male slaves. Therefore, it is obligatory to be in cover before them, like other non-Mahrams. Said Ibn al-Mussayab (رح) has said expressing his final view ` Do not be under the misconception that the wordings أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ are general, and include male slaves as well. It is not so. This verse refers to only female slaves, male slaves are not included in it'. Sayyidna ` Abdullah Ibn Mas` ud ؓ ، Hasan al-Basri and Ibn Sirin رحمۃ اللہ علیہما have said that it is not permissible for a male slave to see his female owner's hair (Ruh ul-Ma ani).
Now the question is that if by the wordings أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ only female slaves were meant, then they were already included in the word نِسَائِهِنَّ (or to their women). What was the point in describing them separately? Jassas (رح) has answered this question by explaining that the word in its apparent sense is meant for Muslim women only, and in case there are non-Muslims also among the female slaves, they need to be separated from the rest, hence the use of this word.
Eleventh category
أَوِ التَّابِعِينَ غَيْرِ أُولِي الْإِرْبَةِ مِنَ الرِّجَالِ (or male attendants having no { sexual} urge). Sayyidna Ibn ` Abbas ؓ has explained that, here those confused and deranged type of persons are meant who have no liking and inclination toward women (Ibn Kathir). The same explanation has been put forward by Ibn Jarir quoting Abu ` Abdullah Ibn Jubair, Ibn ` Atiyyah رحمۃ اللہ علیہم etc. Therefore, those men are referred to here who do not have any lust or inclination towards women, nor are they interested in the beauty and charm of women, which they could describe before others. As against this, eunuchs do take interest in women's special attributes; hence women should keep covered before them. There is a hadith of Sayyidah A` ishah ؓ on the subject, that an eunuch used to visit the wives of the Holy Prophet ﷺ ، and they regarded him to be included in the category of غَيْرِ أُولِي الْإِرْبَةِ مِنَ الرِّجَالِ (31) hence they allowed him to come in their homes. When the Holy Prophet ﷺ saw him and listened his conversation, he stopped him from coming inside the homes. (Ruh uI-Ma ani).
For this very reason Ibn Hajar Makki (رح) has commented in Sharah al-Minhaj that no matter a man be impotent or devoid of genital organs or be very old, he is not included in the expression غَيْرِ أُولِي الْإِرْبَةِ and women are required to cover themselves before all of them. However, addition of the word التَّابِعِينَ with the expression غَيْرِ أُولِي الْإِرْبَةِ is meant to indicate those who are confused and deranged, and enter the houses with the purpose of eating and drinking as an attendant of some guests. Such men are excluded and it is not necessary to observe hijab before them. They have been mentioned here because in fact there were some such men at that time, and they used to go inside the homes, only with the intention of eating and drinking, but the real cause of their being excepted from the rules of hijab is their being of unsound mind and having no sexual urge and not being attendants of someone.
Twelfth category
أَوِ الطِّفْلِ الَّذِينَ (or to the children who are not yet conscious of the shames of women - 31). This refers to those young children who have not yet attained puberty, and are totally ignorant of ladies special attributes, gestures and postures. Any boy who takes interest in ladies company for their special attributes is nearing his puberty, and covering before him becomes obligatory. (Ibn Kathir). Imam Jassas (رح) has explained that the word طِّفْلِ Tifl (children) refers here to those children who do not differentiate between men and women in special attributes. (Jassas has narrated this from Mujahid).
وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ
And let them not stamp their feet in a way that the adornment they conceal is known - 24:31.
It is incumbent upon women to step so gently that no sound is made of their ornaments and none of their zinah is exposed to men.
To cause hearing of jewellery's sound to non-Mahrams is prohibited
In the beginning of the verse it was prohibited for women to show their zinah (ornaments or garments) to non-Mahram men. At the end of it, it is reemphasized that covering of head and bosom etc. was in any way obligatory as part of hiding of zinah زینۃ ، rather any exposure of hidden zinah زینۃ by any means is also prohibited. Putting in something in the ornaments so that they produce sound, or making of sound by the touch of ornaments with each other, or putting the feet on the ground in such a manner that ornaments make sound, and the non-Mahrams listen to these sounds; they are all prohibited under the provision of this verse. In the light of this explanation many jurists have drawn the conclusion that when causing to hear the ornament's sound is prohibited, then to cause hearing of women's own voice would be prohibited even more strongly. Therefore, they have ruled that the voice of women is also included in their satr. For this reason it is declared in Nawazil that women should learn Qur'an from women only, as far as possible. Learning of Qur'an from men should be as a last resort only.
Sahihs of Bukhari and Muslim have quoted a hadith which says that while offering prayers if someone passes in front, he should be warned with a loud voice by saying Subhan Allah by men, but the women should not make any sound, and instead hit the back of the palm with the other for warning.
The issue of women's voice
Is women's voice included in their satr per se, and it's causing to hear by non-Mahrams is prohibited? The jurists differ on this issue. In the books of Imam Shafi` i (رح) the voice of women is not included in their satr. In the case of Hanafi there are different views. Ibn Humam (رح) has included the voice in satr on the basis of statements in Nawazil. Because of this the call for prayer اذان by women is regarded makruh by Hanafi School. However, it is established by hadtth that the wives of the Holy Prophet ﷺ used to talk to non-Mahrams from behind the curtain even after the revelation of injunction of hijab. Keeping in view all the material on this point, what seems to be the correct position is that hearing the voice of a woman is impermissible only when and where it may create a fitnah, but where there is no such apprehension, it is allowed. (Jassas). However, the prudent way for women is to take care and avoid talking to non-Mahrams, even from behind the curtains, unless necessary. (Only Allah knows best)
To go out wearing perfume
It is also included in this injunction that when women go out of the house for some need, they should not wear any perfume, because that is also their hidden zinah, and it is impermissible to cause it to reach non-Mahrams. In a Oath reported by Tirmidhi from Abu Musa al-Ash` ari ؓ those women are declared bad who go out wearing perfume.
Going out wearing decorated veil is also prohibited
Imam Jassas (رح) has commented that when Qur'an has included even the sound of ornaments as the exposure of zinah زینۃ and declared it unlawful, then going out wearing decorated veil would be unlawful more strongly. By inference it is also clear that although the face of women is not included in her satr, but it is the pivotal point of zinah زینۃ ، hence, its hiding from the non-Mahrams is essential, except in cases of need. (Jassas)
. وَتُوبُوا إِلَى اللَّـهِ جَمِيعًا أَيُّهَ الْمُؤْمِنُونَ
And repent to Allah 0 believers, all of you - 24:31.
In this verse first the men have been enjoined to keep their eyes low, then the women are enjoined the same. After that women are directed to cover themselves before non-Mahrams. After enjoining these injunctions separately to men and women, now a combined instruction is given that the sexual desire is a delicate thing, and it remains concealed from others. But everything, concealed or open, is completely known to Allah. Therefore, if someone has erred in following the foregoing injunctions, he should beg Allah's pardon, feel repentant on his past deeds and make a firm resolve not to indulge in them again.