All praise is
due to Allaah. We praise Him, seek His help, and ask His
forgiveness. We seek refuge in Allaah from the evil of our souls,
and the adverse consequences of our deeds. Whoever Allaah guides,
there is none that can misguide him. And whoever He misguides,
then none can guide him aright.
I bear witness that there
is no deity that is worthy of worship except for Allaah; He is
alone, having no partners. And I bear witness and testify that
Muhammad - sal Allaahu alayhi wa sallam - is His perfect
worshipper and messenger.
The goal of this term paper was
to give the Muslim woman a chance to see those Fiqh rulings that
are specific to her in Hajj - since many a time her rulings are
lost in the general discussion of how to perform Hajj. In the end
one should have a general idea of those things that a woman
differs in Hajj from men. They should be able to recognize
differences in ritual worship between the women and men. And they
- in sha' Allah ta'ala - should get a clear understanding of
issues that are commonly differed upon.
After having been
given the opportunity - alhamdullilah - to attend Hajj for a few
years, the subject that came to mind to write about for this
course of Fiqh Al-Kitaab was Sunnah was that of women in Hajj.
Because of the lack of experience people, not specifically from
North America, have with the rites of Hajj, I wanted to give the
Muslim woman a chance to look specifically at those things which
she needs to focus on and understand.
With the intention of writing a term paper that would elucidate
the Fiqh rulings specific to women in Hajj, I went about
organizing the topics under three chapters, the first dealing with
Ihraam, and the second with ritual differences between the men and
women.
In conclusion, all praise is due to Allah,
subhaanahu wa ta'ala. All goodness is from Him - Jalla wa a'ala -
and no matter how much we praise Allah it would not equal the
blessings that He - subhaanahu wa ta'ala - bestowed upon us.
I thank the American Open University, with their diligent
work in helping to carry the message of Islam to homes all across
the United States and abroad, for giving me the chance to study
this topic and benefit from it's contents.
And with
special mention, I must thank my instructor Dr. Houcine Chouat who
responded favorably to the idea of this essay being written in
English, instead of the standard Arabic. May Allaah ta'ala reward
him, and the entire administration at the American Open
University, with the best of reward and may they find safety on a
Day when no wealth or children will avail, only those that came
with a sound heart.
And our final prayer is that to Allaah belongs all praise.
Muhammad Alshareef
Shawwaal, 1422
Chapter One: Ihraam
Should a woman
shower upon entering the Meeqaat
It is equally part of
the Sunnah for a woman to shower before Ihraam just as it is for a
man. In fact, in the case of women who at the time may be
experiencing Hayd or Nifaas, there is specific proof that she
should take this shower.
Imam Muslim relates in his Saheeh
that from Aisha - radi Allahu `anha - that she said, "Asmaa' bint
`Umays had nifaas after giving birth to Muhammad ibn Abu Bakr.
This happened at Ash-Shajarah (a place near the Meeqat outside of
Madinah). So Allah's Messenger - sal Allaahu alayhi wa sallam -
directed that she should bathe and begin the tahleel."
In
this regard of showering before Ihraam, the menstruating woman is
in the same ruling as one who finds herself in Nifaas. Rasul Allah
- sal Allaahu alayhi wa sallam - said, "If the Menstruating woman
and the one in Nifaas enter the time they should bathe and enter
into Ihraam and complete all the rituals (like others) except
Tawaf of the (Ka'bah)."
Showering
Abu
Dawood and others narrated that Ibn Abbas - radi Allahu `anhu -
asked Abu Ayyoob Al-Ansaari, "While he was in a state of Ihraam,
how did Rasul Allah - sal Allahu alayhi wa sallam - wash his
head?" Abu Ayyoob (who was bathing at the time) replied by asking
someone to pour water on his head. He then rubbed his head with
his hand, going back and forth. He then said, "In such a way I saw
the Prophet - sal Allahu alayhi wa sallam - wash."
This
narration is used by the scholars as proof that it is permissible
for a male or female in Ihraam to take a bath and pour water over
their head and to pass their hand through their hair.
If
the bath is needed because of sexual impurity (Janaabah), then the
scholars agree that it is permissible. Even if the bath is desired
to just cool off or for other non-essential reasons, the majority
of scholars say that it is permissible without any reservations.
Imam Ash-Shaafi'ee said - after narrating this incident
about Abu Ayyoob Al-Ansaari, "This is the opinion that we hold. A
Muhrim may take a bath whether it is due to sexual impurity or for
other reasons. One may wash their head and soak their body with
water."
However, some scholars have recommended that a
woman should not shower unless it is necessary. This is because
she is in Ihraam and busy with the actions of Hajj. In fact, to
bathe during Ihraam is simply an issue of permissibility, but
there is no one that says that it is recommended (Mustahab). To
some scholars, it is more recommended to remain dusty and
disheveled.
Imam An-Nawawee said, "It is more desirable
that the pilgrim remain dusty and disheveled. The proof of this is
the statement of Allah ta'ala [Then let them end their
untidiness...] (22/29) and the statement of Rasul Allah - sal
Allahu alayhi wa sallam: [Verily Allah boasts the people of Arafah
to the inhabitants of the heavens, saying, `Look at my slaves -
they have come to me disheveled and dusty.']"
Combing
one's hair during Ihraam
It is Makrooh for a woman (or
man) in Ihraam to aggressively comb their hair - causing excessive
amounts of hair to fall out - or to brush un-necessarily. This is
because doing so may lead to hair being cut - which is one of the
forbidden acts when someone is in Ihraam.
As for brushing
lightly or scratching one's head, this is permissible. There is a
famous saying in the books of Fiqh where they suggest that someone
should scratch with the insides of their hands - i.e. softly.
Imam An-Nawawee said, "As for a Muhrim (someone in the
state of Ihraam), I do not know of any opinion that says he is not
permitted to scratch his head. Rather, it is something
permissible."
There is a phenomenon amongst some women
which works as such: They tie up their head very tightly and do
not un-tie it until their Hajj is over. When they are in need of
making Wudu, instead of wiping their hair they do wipe over their
hijaab instead.
Shaykh Salah As-Saawee, one of the
directors at the American Open University, commented that doing
this is an example of someone placing a hardship upon themselves,
a hardship that the Shari'ah does not require. He said that when a
person combs their hair lightly or scratches, the person is not
held responsible for the dead hairs that naturally come out.
The color of clothes a woman in Ihraam may wear
It is permissible for the woman to wear any women's
clothes she pleases which are not attractive or resemble the
clothes of men, or are tight-fitting showing the dimensions of her
limbs, or transparent - not concealing what is underneath, or too
short - not covering her legs or hands, but instead should be
abundant, thick and wide.
Ibn al-Mundhir said, as quoted
in al-Mughni:
"There is consensus among the scholars that the
woman in Ihraam can wear shirts, vests, baggy trousers, khimaars,
and leather socks."
She does not have to wear a particular
color (such as green) and can instead wear any colors she desires
from among those specific to women (such as dark red, green or
black). It is also permissible for her to change these colors if
she wishes.
Wearing Jewelry in Ihraam
It is
permissible for women to wear jewelry while she is in a state of
Ihraam. It was narrated in Al-Bukhaari, that Umm Al-Mu'mineen
Aisha - radi Allahu 'anha - used to not consider anything wrong
with a Muhrimah wearing jewelry.
In Al-Mughni by Ibn
Qudaamah, he says, "I heard from Ahmad, who heard from Naafi' that
the women (from the household) of Ibn Umar used to wear jewelry
while they were in a state of Ihraam. Ibn Umar (seeing this) would
not forbid them."
Thus, it is apparent from the Madhhab of
Imam Ahmad that it is permissible for a woman in Ihraam to wear
jewelry.
This permissibility of wearing jewelry is also
the opinion of the Hanafiyyah and Maalikiyyah. They quote as their
proof - in addition to the above - the fact that wearing jewelry
is an act of adornment and a woman in Hajj is not forbidden from
adorning herself.
Covering the face
A woman
in Hajj should not cover her face or wear gloves, just as a male
should not cover his head. There is no difference of opinion on
this issue, based on the clear statement of Rasul Allah - sal
Allahu alayhi wa sallam, "The Muhrimah (a female in Ihraam) should
not cover her face, nor should she wear gloves."
Having
said that, it is permissible for her to cover her face if she
fears the gaze of non-Mahram men upon her.
It was narrated
that Umm Al-Mu'mineen Aisha - radi Allahu 'anha - said, "The
riders would pass by us while we were with Rasul Allah - sal
Allahu alayhi wa sallam - in a state of Ihraam. When one of them
would ride next to us, we would take our Jilbaab and cover (coming
down with the cloth from our heads) our face. When the rider would
pass, we would uncover once again."
Scholars have used
this hadeeth to show that if a woman is in need of covering her
face then it is permissible for her to do so.
However, the
Shaafi'iyyah set a condition to this covering saying that the
Niqaab should not touch the women's face. This was also the
opinion of Al-Qaadee from the Hanaabilah.
In actuality,
this condition does not have overall agreement from the scholars.
Ibn Qudaamah said in regards to this condition, "I have not found
this condition to be from (Imam) Ahmad, nor is it from the Hadith.
In fact, reality contradicts this condition. For verily, the cloth
that covers over a women's face, rarely does it remain un-touching
to her skin. Had this been a condition (that it should not touch
her face) the Prophet - sal Allahu alayhi wa sallam - would have
explained it."
Refuting the claims of those who claimed
that the condition of the women's Niqaab in Hajj is that it not
touch her face, Imam Ash-Showkaani used similar arguments as that
of Imam Ibn Qudaamah.
And Allah knows best.
