The Shariah ruling and attitude to women’s emergence to go to the Masjids, and public gatherings and lectures, is yet another issue which depicts vividly the increasing gap and disparity between the fast-growing breed of modernist ‘deobandis’ today, and the Akaabir of Deoband who upheld firmly and unwaveringly the ruling of the Shariah as transmitted by the Four Madh-habs. The issue also exposes thoroughly the falsity and hollowness of the claims to following the Hanafi Madh-hab made by deviant sects such as the Barelwis.
Mufti Kifayatullah was a very senior Mufti during the era of many of the Akaabir of Deoband. He was the authority whom the major Akaabir would refer to for Fatwa. He was the Mufti from whom Maulana Ilyas Khandelvi, the founder of Tabligh Jama’at, sought permission and fatwa three times to initiate ‘Mastoorat’ (women’s) jama’at on a very small and restricted scale – nothing like the mass women’s lib. movement conducted currently by the Tabligh Jama’at. All three times, Mufti Kifayatullah refused permission despite the stringent conditions that would have been laid out by Maulana Ilyas Khandhelvi.
Mufti Kifaayatullah’s Fatwa on the prohibition of women attending gatherings and lectures captures the attitude and ruling of the Shariah as transmitted and upheld by the Fuqaha of the Four Madh-habs throughout the ages, and by the Akaabir of Deoband in recent times. The Fatwa was accepted widely, and referred to repeatedly by the Ulama of his and subsequent generations.
The Fatwa was designed to refute the modernists of that era who were using such ploys and arguments as, ‘changing needs’, ‘changing circumstances’, ‘minority fiqh’, etc. to alter and mutilate the Shariah – the very same arguments that are being regurgitated today by modernist ‘deobandis’, in order to legalize not only women’s emergence for reasons not sanctioned by the Shariah, but also numerous other issues upon which there was complete Ijma’ of the Akaabir of Deoband (a couple of examples being the absolute prohibition of digital or paper pictures of animate objects, and the self-evident Shari’ah prohibition of following moon-sighting testimonies of Faasiq, unreliable authorities, such as the Fujjaar (criminal) Saudi monarchy to which all Saudi moon-sighting bodies are completely subservient, etc.)
MUFTI KIFAYATULLAH’S DETAILED FATWA ON KHUROOJ (EMERGENCE) OF WOMEN FROM THEIR HOMES.
The Prohibition of Women Attending Gatherings and Lectures
Question 1 What ruling do the ‘Ulamaa-e-Deen (Scholars of Religion) give regarding women attending Lecture gatherings. Is it permissible or not..?
Question 2 If on such occasions special arrangements are made for women, where there is Purdah and it is separate —then will such a condition affect the ruling of permissibility or not..?
Question 3 Does the husband have a right to prevent the wife from attending such gatherings or not..?
ANSWER TO QUESTION ONE
What ruling do the ‘Ulamaa-e-Deen (Scholars of Religion) give regarding women attending Lecture gatherings. Is it permissible or not..?
“The Fuqahaa (Islaamic jurists) have ruled on the prohibition of women attending Jamaa’at Salaat, ‘Eid Salaat and attending Lecture gatherings. And the Books of Fiqh (Islaamic Jurisprudence) clearly state that for women to attend Lecture gatherings and Salaat with Jamaa’at and ‘Eid Salaat is Makrooh-e-Tahreemi — and this is close to Haraam.”
“The Ulama have ruled by consensus that it is Makrooh-e-Tahreemi for women to attend Salaat in Jamaa’at, and from this, every intelligent person will understand that since this is the ruling regarding the Compulsory gatherings (Jamaa’at Salaat) then there is no way that gatherings of lectures, etc can ever be permissible.”
[NOTE: The dispute does not centre on emergence for needs as allowed specifically by the Nusoos of Shariah. The Shariah permits Khurooj (emergence) for genuine needs defined and explained by the Shariah. The question being discussed is women going in droves on journeys for public lectures, masaajid, tableegh – on women emerging or gathering en masse – a modern development which is fraught with great moral and spiritual disasters, and which destroys the very concept and ethos of the Shariah pertaining to women – the ethos that is explicitly clarified in the numerous Ahadith that state the whole of woman is Aurah (to be concealed and hidden in entirety). As such the Shariah only permits isolated, discreet emergence of woman for genuine needs specifically defined and sanctioned by the Fuqaha, such as visiting relatives in their homes.
The simple consensus of the Fuqaha is on the prohibition of women attending the Musjid for any and all purposes which include lectures since such emergence was never among their needs.
The Fuqaha unanimously maintain that the conditions which were observed by women during Rasulullah’s era and the then prevailing atmosphere of khair (goodness) no longer applied after the lapse of that noble era. The fitnah and fasaad of the times have been incremental with the passage of time. It is only an agent of shaytaan desensitized to evil who will claim that our current age is not an era of fitnah and fasaad, and that it is possible for droves of women to observe the Shar’i stipulations which had existed ONLY in the era of Rasulullah (sallallahu alayhi wasallam).
The fitnah re-iterated by the Fuqaha is amply demonstrated by the gigantic farce of ‘Separate’ ladies facilities’ with Haraam mass-mingling on the way to, when entering and when exiting the public venue, of women (and men) scantily dressed and ‘naked’ according to the Shariah’s definition, etc. which the immoral scoundrel ulama-e-soo desensitize themselves to, granting Deeni sanction in the eyes of the gullible masses to such flagrant transgressions of the Shariah. In fact, such is the level of desensitization to Haraam mingling that both “Ulama” and their flock are virtually oblivious now to the villainy and abhorrence of the consequences of their actions, thus conferring further Deeni legitimacy to transgressions that were only recently understood to be abominable transgressions by the Muslim masses.
It is for such terrible and Haraam consequences that the far-sighted Aimmah Mujtahideen and Fuqaha determined that the initial conditions of permissibility set by Rasulullah (sallallahu alayhi wasallam) for women’s emergence to the Masaajid no longer existed, and hence Hadhrat Aisha (radhiyallahu anhu) explicitly stated in a Hadith reported by Bukhari and others, referring to the prohibition gradually enacted by the Sahabah (radhiyallahu anhum), that it was in fact the ruling of Rasulullah (sallallahu alayhi wasallam), which he would have issued based on the new conditions. Hadhrat Aisha’s (radhiyallahu anha) exact words as reported by Imam Malik’s Muwatta were as follows:
“Yahya Ibn Saeed narrates from Amrah Binti Abdur Rahman that Aishah (radhiallahu anha) said: ‘If Rasulullah (sallallahu alayhi wasallam) had observed that which women have now introduced (i.e. after the demise of Rasulullah), he would most certainly have prevented them from attending the Musjid just as the women of Bani Israeel were prevented.” Yahya enquired: ‘What, were the women of Bani Israeel prevented from the Musaajid?’ Amrah replied. ‘Yes.’ (Muwatta Imaam Malik)
In another narration it states:
“When Ameerul Mu’mineen Hadhrat Umar (radhiallahu anhu) finally enacted the prohibition to prevent women from going to the Musjid, they complained to Aishah (radhiallahu anha) Answering their complaint, Hadhrat Aishah (radhiallahu anha) said: “If Nabi (sallallahu alayhi wasallam) had known what Umar now knows (of the condition of women), he would not have granted you permission to emerge (i.e. to leave your homes and come to the Musjid for Salaat).” (Jaamiur Rumooz)
Mufti Kifayatullah in this Fatwa clarifies explicitly that even if the lecturer is a genuine and a pious Aalim, then too it is prohibited for women to attend his lectures because khurooj in times of fitnah is not permissible for this purpose. The factor of the preponderance of Ulama-e-soo’ (evil Ulama who drag countless masses into Jahannum with them) and miniature Dajjals conducting lectures today is a massive aggravating element which places greater emphasis on the prohibition of attending lectures. END OF NOTE)
And the proof of this ruling is the following Hadeeth narrated by Hadhrat ‘Aishah (radhiyallaahu ‘anha) which appears in Bukhaari Shareef:
“Hadhrat ‘Aishah (radhiyallaahu ‘anha) is reported to have said that had the actions perpetrated by the women of today been prevalent during the time of Rasoolullaah (Sallallaahu ‘Alayhi Wasallam) then he most certainly would have prevented them (women) from the Masjid, just as the women of Banee Israaeel were prevented.”
The narrator of this Hadeeth further states,
“I asked Hadhrat Umrah (radhiyallaahu ‘anhaa) if they (women of Banee Israaeel) were prevented from attending the Masaajid..?”
She replied, “Yes.” (Bukhaari)
From this Hadeeth it is quite clear that during the era of the Sahaabah (radhiyallaahu ‘anhum) the condition of the women reached such a state that their emergence from their homes and their attending the Masjid for Salaat was a cause of Fitnah (mischief). Hadhrat ‘Aishah (radhiyallaahu ‘anha) and other prominent Sahaabah (radhiyallaahu ‘anhum) prevented women from attending the Jamaa’at Salaat.
‘Allaamah ‘Aini (rahmatullaahi ‘alayh) states in his kitaab, Umdatul Qaari, which is a commentary of the Saheeh Bukhaari — regarding that Hadeeth in which is mentioned that women used to attend the ‘Eid Salaat during the lifetime of Rasulullaah (Sallallaahu ‘Alayhi Wasallam):
“The ‘Ulamaa have stated that the women during the lifetime of Rasulullaah (Sallallaahu ‘Alayhi Wasallam) used to attend ‘Eid Salaat because that was an era wherein there was goodness and blessings and there was no fear of Fitnah. However, in these times a woman is most certainly not allowed to attend. It is for this reason that Hadhrat Aishah (radhiyallaahu anha) said that ‘had Nabee (Sallallaahu ‘Alayhi Wasallam) seen the condition of the women of today he would most surely have prevented them from attending the Masjid, just as the women of Banee Israaeel were prevented.’
This statement of Hadhrat ‘Aishah (radhiyallaahu ‘anhaa) was not long after the demise of Rasulullaah (Sallallaahu ‘Alayhi Wasallam). However, today — we seek protection in ALLAAH — consent can never be given for the emergence of women (from their homes) for either ‘Eid or other Salaats.” (Aini — Sharah Bukhaari)
Since ‘Allaamah ‘Aini (rahmatullaahi ‘alayh) mentions that in his era the condition of women had deteriorated to such a level, then ALLAAH Ta’ala save us. In our era (which is the 15th Islamic century), the degenerate condition of women (as well as the men) is beyond description..!
Allaamah Aini (rahmatullaahi ‘alayh) states in another place in his kitaab, “Umdatul Qaari”:
“The ruling of our companions is that which the author of Bada’i (name of kitaab) has stated – whereupon there is a consensus of opinion that a woman cannot attend ‘Eid or Jumu’ah Salaat — in fact she is prohibited from attending any/all Salaat. This ruling is based on the Aayat of the Qur-aan (regarding women) – ‘And remain steadfast (glued) to your homes.’ The emergence of women from their homes is a cause of Fitnah.” (Aini and Bada’i Page 275, Vol 1)
It is further stated in Bada’i:
“Women are not allowed to attend Salaat with Jamaa’at —the proof is in that narration of Hadhrat ‘Umar (radhiyallaahu ‘anhu) wherein he prohibited women from emerging from their homes.
The prohibition was for the reason that their emergence is a cause of Fitnah — and Fitnah is Haraam — therefore whatever leads to Fitnah also becomes Haraam.” (Bada’i page 157, Vol 1)
It is stated in Fataawaa-e-Hind (known as Fataawaa-e-Aalamgiri):
“The Fatwaa (ruling) of these times is that it is impermissible for women to attend any Salaat — because this is an era of social decay and mischief (Fitnah and Fasaad).” (Fataawaa Aalamgiri Page 93, Vol 1)
It is said in the Kitaab, Bada’i,
“The Shar’ee ruling regarding women is that women are placed in the service of their husbands, and they are (according to Shariah) prevented from attending the gatherings of men, because the emergence of women from the home is a means of Fitnah, and it is for this reason that there is no Jamaa’at or Jumu’ah Salaat for them.” (Bada’i, Page 258, Vol 1)
From the aforegoing texts, it is ascertained that for women to attend the five daily Salaat, ‘Eid- Salaat and Jumu’ah Salaat is Makrooh-e-Tahreemi and their emergence from their homes is a means of Fitnah. This prohibition was sanctioned by Hadhrat Umar, Hadhrat ‘Aaeeshah, ‘Urwah bin Zubair, Qaasim, Yahyaa bin Sa’eed Ansaari (radhiyallaahu ‘anhum), Imaam Maalik and Imaam Abu Yusuf (rahmatullaahi ‘alayhim). The ‘Ulama have reached a consensus of opinion on this matter (that women should not leave their homes). This is clear from the texts of Aini and Bada’i.
Notwithstanding the fact that during the era of Nabee (Sallallaahu ‘Alayhi Wasallam) women used to attend the five daily Salaat (in the Masjid) and the ‘Eid and Jumu’ah Salaats, and these Salaats with Jamaa’at are compulsory congregations and they are from amongst the salient features (Shi’aar) of Islaam, but due to the difference of eras and the changing of conditions, the Sahaabah-e-Kiraam (radhiyallaahu ‘anhum) and the great and learned ‘Ulama (Rahmatullaahi ‘alayhim) of Islaam have ruled on the prohibition of women attending even these gatherings. The Ulama have ruled by consensus that it is Makrooh-e-Tahreemi for women to attend Salaat in Jamaa’at, and from this, every intelligent person will understand that since this is the ruling regarding the Compulsory gatherings (Jamaa’at Salaat) then there is no way that gatherings of lectures, etc can ever be permissible.
Firstly, nowadays most lecture gatherings are such that, let alone women, it is not even permissible for men to attend them, because most speakers/lecturers who are regarded as Molvis, have scanned through a couple of Islaamic reference books and have become orators. Then in their lectures, besides a few stories, some half-true narrations and fabricated tales, there is nothing else. It is not permissible for anyone to attend these types of lectures…
(NOTE: This prohibition of listening to the lectures of ‘molvis’ and ‘shaikhs’ masquerading as Ulama, applies to a greater degree to the ‘molvis’, muftis’ and shaikhs’ who appear on immoral, Haraam media such as television, youtube etc. Their flagrant indulgence in means and media that are Haraam according to Ijma’ of the Fuqaha and the complete Ijma’ of the Akaabir of Deoband, renders them as Fussaaq (flagrant sinners) and Fujjaar (immoral criminals).
There was absolute Ijma’ (consensus) of the Akaabir of Deoband that having one’s picture taken, regardless of the means used to create the picture, be it digital, photo, paper, portrait, holographic etc. is a major sin of enormous gravity and renders one a major sinner (Faasiq). No ‘Wali’, ‘Burzurgh’, ‘Shaykh’ holds a special status that makes him or her exempt from the Shariah ruling which was upheld authentically by the Fuqaha throughout the ages and by the Akaabir of Deoband in recent times.
According to the Shariah, it is completely Haraam to listen to the talks of these Faasiq-Faajirs pretending to be men of the Deen, regardless of the ‘mass-benefits’ and ‘numbers’ which people love to pipe about. In fact, one of the distinguishing signs of these Faasiq-Faajir orators masquerading as Ulama near the end of times is that they will attract a huge number of followers ‘benefiting’ from their talks. Such Faasiq-Faajirs subtly and gradually corrupt the Imaan and ruin the Akhlaaq of the masses. On the other hand both the numbers of Ulama-e-Haqq (true Ulama) and their followers will become very few, with numerous Ahadith describing them as Ghurabaa (the lone, forlorn, strange ones) END OF NOTE)
Now there remain a few ‘Ulama who in the true sense are learned men imbued with knowledge. Their objective in giving lectures is the dissemination, teaching and propagating of the Deen. Their objective is not to attain the dunyaa (worldly benefits). Their talks are free from nonsensical stories, half-true narrations etc.
It is Jaaiz (permissible) for men to attend such talks, but not women, because, since it is not permissible for women to attend the Masjid for Salaat then all the more it is not permissible for them to attend a lecture, be it a good talk. The Fuqaha of Islam have explicitly ruled on this.
Numerous reliable rulings (Fataawaa) regarding this matter are clearly mentioned and available. A few are mentioned hereunder for the benefit of the reader:
“And women should not attend the Jamaa’at (Salaat), taking into consideration the Aayat of the Qur’aan — ‘And remain steadfast (glued) to your homes,’ and the Hadeeth of Rasulullaah (Sallallaahu Alayhi Wasallam) that the Salaat of a woman in the innermost corner of her house is better than her Salaat in the courtyard of the house, and her Salaat in the courtyard of her house is better than her Salaat in the Masjid, and her house is better for her than the Masjid. The author of the kitaab, Kanzud-Daqaaiq, says in the kitaab, Kaafi, that the Fatwaa (ruling) of this era is that it is impermissible for women to attend any/all Salaat (in the Masjid) because of social decay and immorality being common. And when it is not permissible for women to attend the Masjid for Salaat, then to attend Lecture gatherings, especially the lectures of such ignorant speakers, who pose as ‘Ulama, is all the more not permissible.” (Bahrur Ra’iq Page 380)
Allaamah Badruddeen Aini (rahmatullaahi ‘alayh) states in Sharah-e-Kanz:
“Women, be they young or old, are prohibited from attending the Masjid for Jamaa’at Salaat because this is an era of social decay and immorality.”
It is reported from Imaam Abu Haneefah (rahmatullaahi alayh) that it is permissible for old ladies to attend Fajr, Maghrib and Eshaa Salaats. Saahibain (lmaam Abu Yusuf and Imaam Muhammad) and the other 3 Imaams (Maalik, Shaaf’i and lbn Hambal) (rahmatullaahi ‘alayhim) say old ladies can attend all Salaats. However, the ruling of these times is that old and young women are all prohibited from attending Salaat in Jamaa’at. And the author is also of the opinion that Jumu’ah, ‘Eid and Istisqaah Salaats and Lecture gatherings are all included in this prohibition, specifically those lectures of persons posing as ‘Ulama whose object is to satisfy their desires and to earn worldly benefits.” (Aini Sharah Kanz, Page 39)
It is stated in “Durrul Mukhtaar”,
“It is not permissible for women to attend Salaat in congregation, whether it be Jumu’ah or ‘Eid Salaat or a Lecture, even if she is old and it is night time. This is the final ruling (regarding this Mas-alah). This ruling is given due to the present (lamentable) state of social immorality.” (Durrul Mukhtaar, Page 397, Vol 1)
From the texts of (major kitaabs such as) – Bahrur Ra’iq, Aini Sharah of Kanzud-Daqaa’iq and Durrul Mukhtaar, it can be clearly seen and ascertained that it is Makrooh and impermissible for women to attend gatherings of lectures, specifically those lectures where the object (of the speaker) is to earn worldly benefits; that is if the lecturer is an ignorant person or one whose livelihood is (to lecture), then to attend such gatherings is undoubtedly impermissible. There is no question regarding this.
For women to attend gatherings of ‘Ulama and good lectures is also impermissible due to this being an age of social immorality (Fitnah).
Mullah ‘Ali Qaari (rahmatullaahi ‘alayh) states in “Mirqaat” (The Sharah (commentary) of Mishkaat):
“Our beloved Nabee (Sallallaahu ‘Alayhi Wasallam) had prevented women from visiting the graves, hence, this prohibition can be used as a basis for logical analogizing that neither old women who apply perfume or beautify themselves nor young women who don even ordinary garb, are allowed to attend the Masaajid because their emergence from their homes, is in itself a Fitnah.” (Mirqaat Sharah-e-Mishkaat, Page 470, Vol 1)
From this and preceding texts, it is clearly ascertained that emergence of women from their homes, and their participation in the Jamaa’at is a sure cause of Fitnah, and the ruling of prohibition is for the prevention of this Fitnah. The visiting of graves, ‘Eid, Jumu’ah and Istisqaa Salaats and Lectures are all included within the ambit of this prohibition.
It is established that young women, whether they emerge adorned or ordinarily clad, in all instances, their emergence (from their homes) is not permissible. And even though there appears to be a concession in some narrations for the emergence of old women for Fajr, Maghrib and Eshaa Salaats, on condition that they are not adorned in any way, the final ruling (Muftaa Bihi) on this matter is that even they (old ladies) are not allowed to emerge from their homes. This is clearly proven from the texts of Allaamah Aini’s (rahmatullaahi ‘alayh) Sharah-e-Kanz and Durrul Mukhtaar…
ANSWER TO QUESTION TWO
If on such occasions special arrangements are made for women, where there is Purdah and it is separate — then will such a condition affect the ruling of permissibility or not..?
Regarding special arrangements for women to be accommodated separately at lecture gatherings, the question is: Will it then be permissible for women to attend these gatherings or not?
The reply is: That the very emergence of women from their homes is in itself impermissible. And in this emergence, due to there being a possibility of Fitnah, most Fuqahaa (Islaamic Jurists) have given the ruling of absolute impermissibility… Also, the Fuqahaa have given the ruling of impermissibility for women to attend Salaats with Jamaa’at, Lectures, Jumu’ah and ‘Eid Salaat, because this leads to Fasaad (immorality/mischief). This is clearly ascertained from the above mentioned Ahaadeeth. (Mufti Kifayatullah does not here mean that it is prohibited for women to emerge for even such needs allowed by the Shariah)
…And in the narration of Hadhrat Aishah (radhiyallaahu anhaa) the words مااحدث النساء i.e. the actions which women have created, also emphasise this point.
Also in the narration (Abu Dawood, Page 84, Vol 1) فیتخذنہ دخل (i.e. they will falsify/corrupt the matter) the object is this, that if women are permitted to emerge from their homes, then they will use this as an excuse; and from behind this cover they will fulfil all their desires. If this possibility was not considered by the Fuqahaa, the matter would be quite simple to solve. They would have ruled that in the Masaajid a separate arrangement should have been made (with Purdah) for women. The Fuqahaa would not have prohibited the attendance of women from the Masaajid and Lecture gatherings. But no Faqeeh (Islaamic Jurist) has written this alternative (of separate ladies facilities) in any kitaab, viz., to provide separate accommodation for women in the Masaajid or allow them to attend the Jamaa’at Salaat.
It is conspicuously evident that they (Fuqahaa) have understood that the emergence of women is the vehicle of Fasaad (moral corruption), and have thus prohibited the emergence from the home. And for this reason most Fuqahaa have in their texts, at this juncture, used the word “Khurooj” (emergence) to explain this Mas-alah.
The undermentioned Hadeeth further emphasises the subject matter (under discussion):
Hadhrat lbn Mas’ood (radhiyallaahu anhu) reported that Nabee (Sallallaahu ‘Alayhi Wasallam) said:
“A woman is Aurah (must be concealed in entirety); whenever she emerges from the home, shaytaan surreptitiously pursues her (lies in wait).” (Tirmidhi – Saheeh)
[NOTE: Regarding Rasulullah’s (sallallahu alayhi wasallam) emphatic declaration that the whole of a woman is Aurah, the first and primary level of concealment is confinement to the home. Hence, in an authentic variant of the above Hadith found in the Musannaf of Abi Shayba, Hadhrat Ibn Mas’ood (radhiyallahu anhu) issues the following explicit command:
“Keep the women confined (احبسوا) to the home, for indeed the woman is Aurah (must be concealed in entirety).Verily, when a woman emerges from her home, shaytaan surreptitiously pursues her and says to her: “You will not pass by any [man] except that he will be attracted to you.”
In fact, the command for women to be confined to the home was issued by Allah (azza wa jal) in the following emphatic verse of the Qur’an:
“And remain steadfastly within your homes ” [33:33]
To provide a glimpse into the Tafseer of this verse by all the authoritative Mufassirs (interpreters) throughout the ages, we shall quote Tafseer al-Qurtubi, amongst the most authoritative and widely accepted Tafseers of the Qur’an for the past thousand years – a Tafseer which also exposes adequately the deviance and falsity of the prevalent, deviant ‘Tafseer’ offered nowadays by modernist, feminized quacks who masquerade as ‘scholars’.
Allamah Qurtubi states that this categorical command of Allah (azza wa jal) applies to ALL women, that there are countless other evidences which support this command, and that women must not venture outside without Hajaah – a real necessity:
“This command applies to all Muslim women even if it was the only proof in this regard; Nevertheless, there are countless commands and evidence proving that the Muslim woman should remain firmly within her house and refrain from leaving it without a necessity.”
Allamah Qurtubi also mentions that when A’isha (radhiyallahu anha) recited this verse, she wept with such a weeping that her entire khimâr became wet. Allamah Qurtubi adds that when another wife of the Prophet, Sawdah (radhiyallahu anha) was asked why she did not perform the Hajj or the Umrah along with her sisters, the virtuous lady replied: ‘I have already performed the Hajj and the Umrah. As for now, Allah has commanded me to stay in my house.’ She remained in her home till the day of her death, when her lifeless body was buried in Medina. Tafsir al-Qurtubi (14/179) END OF NOTE]
In this Hadeeth Rasoolullaah (Sallallaahu ‘Alayhi Wasallam) has clearly indicated that the emergence of a woman from her home is an avenue for Fitnah, and that the shaytaan surreptitiously pursues her, so that he may mislead her to some undesirable place, or that he may mislead some man to be attracted to this woman, and Fitnah will spread henceforth.
Reflect, once again on the Hadeeth reported in “Bahrur Ra’iq”, which we have mentioned earlier, wherein Nabee (Sallallaahu ‘Alayhi Wasallam) said that a woman’s Salaat is best which is read in the innermost corner of her house compared to her Salaat in her courtyard, and that Salaat read in her courtyard is better than Salaat in the Masjid. Why is this..?
Only for this reason, that a woman in her home, with the best concealment and peace of mind, to whatever degree further she remains (concealed), that much further is she from Fitnah. It is for this reason that Nabee (Sallallaahu ‘Alayhi Wasallam) said, “their (women’s) homes are best for them.”
Hence, it is established that the emergence of women from their homes is a cause of Fitnah. It is for this reason that to make Purdah arrangements at Lecture gatherings is of no benefit, and there will be no effect by it being made permissible. Otherwise it will then become incumbent to make separate arrangements in the Masaajid, for women to attend the Salaat and join in the Jamaa’at (congregation), and permission will have to be granted for this as well, as a matter of priority. But this is not established from any kitaab.
Now, let us examine the next possibility; that is of strange men looking at women. Although this possibility appears to be removed if separate arrangements are made for women at Lecture gatherings, however, when one considers the reality of the situation, one knows full well that the purdah facilities at Lecture gatherings also do not remove this possibility. Many such careless opportunities arise when the gazes of strange men fall on the women. Those who participate in these types of gatherings will bear testimony to this fact.
Even if we accept that the purdah facilities at Lecture gatherings arc such that they prevent the gazes of strange men falling on women, then the possibility of women’s gazes falling on strange men is certainly not removed in such instances. The women from behind the purdah peep at and observe all the people at the gathering. And this ‘sickness’ is common amongst women of today; probably two to four women in a generation are exceptions to this rule. In fact, this estimate may also be too high. Hence this avenue of Fitnah is not in any way removed if separate accommodation is arranged for women at Lectures.
In fact, this type of purdah in reality provides an ideal opportunity for women to gaze and peep at strange men. This fact cannot be refuted by any level-headed, just believer. This should be remembered that just as it is Haraam for a man to gaze at a strange woman, similarly it is Haraam for women to gaze at strange men. Therefore, it is mentioned in the following Hadeeth that:
Hadhrat Umm-e-Salmah (radhiyallaahu ‘anhaa) reports that she and Hadhrat Maymoonah (radhiyallaahu ‘anhaa) were in Rasoolullaah’s (Sallallaahu ‘Alayhi Wasallam) company when Hadhrat Abdullah Ibn Makhtoom (radhiyallaahu ‘anhu) a blind Sahaabi, came to visit Nabee (Sallallaahu ‘Alayhi Wasallam). Nabee (Sallallaahu ‘Alayhi Wasallam) said to his wives, “Adopt purdah (i.e. conceal yourselves).” Umm-e-Salmah (radhiyallaahu ‘anhaa) says,
“I said, ‘Oh Rasoolullaah (Sallallaahu ‘Alayhi Wasallam), he is blind, and cannot see us.” Nabee (Sallallaahu ‘Alayhi Wasallam) replied: “Are the two of you also blind, can you not see him..?” (Ahmad, Tirmidhi, Aboo Dawood, Mishkaat)
This Hadeeth clearly demonstrates that it is Haraam for women to look at strange men. That is why Nabee (Sallallaahu ‘Alayhi Wasallam) gave his two wives the order to make purdah.
“It was the method of the Sahaabah-e-Kiraam (radhiyallaahu ‘anhum) to cover the holes and gaps in the walls of their homes, so that their women-folk were not able to peep at strange men.”
Hadhrat Mu’aaz (radhiyallaahu ‘anhu) once saw his wife peeping through a hole in the wall, and he admonished her. Therefore it is appropriate that a man do this, and that he prevents his women-folk from carrying out such undesirable actions.” (Majaalisul Abraar, Page 563)
Hence, this much is very clearly illustrated that the “purdah” facilities at Lecture gatherings etc., are of no benefit. And this customary “purdah”, which is only in name, definitely does not remove the possibility of Fitnah. Especially if we consider the first possibility of Fitnah (i.e. the emergence from the home) then most certainly these (i.e. purdah facilities) do not even have any validity (for legalizing khurooj of women) —if the first possibility is removed — because the primary and principal cause (of Fitnah) is the emergence from the homes.
The second possibility (i.e. of men seeing the women) is also not removed if separate accommodation is made for women due to negligence and acting without restraint (on the nafs).
The third possibility (i.e. women seeing the men) is most certainly not removed by separate facilities, taking into consideration the present condition and habits of women (as well as the habits of the men. The current rotten state of affairs prevailing at all the Musaajid with their so-called ‘separate’ ladies facilities loudly testify to the villainy and immorality of both men and women.)
Now, one should be objective and just, and consider exactly what the effects would be if permission is granted (for separate accommodation for the ladies)? At this juncture we should also consider the following: Why is separate accommodation arranged for women at Lecture gatherings..? Special arrangements are being made for women to attend Lecture gatherings, whilst no arrangement is made for them to join the Jamaa’at Salaat at the Masaajid. Is there any reason for this?
If we set aside the intentions of the lecturer/speaker (i.e. we assume he has good intentions), then it will be a matter of giving preference and priority to the one over the other, namely, that Lectures hold preference over Jamaa’at Salaat. This concept or notion is completely spurious and false…
(NOTE: Since during the time of Mufti Kifayatullah Sahib, women NEVER attended the Musjid for Salaat, he presented this argument. However, today, the shamelessness and audacity of women and the immorality of men have multiplied manifold, hence so-called, farcical ‘separate’ ladies facilities’ are provided at most Musaajid for women for Salaat purposes. Shaitaan entraps people by degrees. He is not stupid, at least not as stupid as the molvis and shaikhs who lure women out of their homes in diametric contradiction of the Qur’aanic and Hadith prohibition. END OF NOTE)
ANSWER TO QUESTION THREE
Does the husband have a right to prevent the wife from attending such gatherings or not..?
The answer to this question is that in the aforegoing discussion, this much was established, that it is not permissible for women to attend Lecture gatherings. Hence, the husband has, as a matter of priority, the right to prevent his wife from attending. The husband has the right, owing to the rulings of the Jurists of Islaam, to prevent his wife leaving the house even to enquire about necessary Masaa-il, on condition that he enquires from the ‘Ulama (what she needs to know), and informs her.
If the husband does not enquire about the relevant Masaa-il himself, then ONLY in matters of EXTREME URGENCY, when the occasion arises, can the wife leave the home and enquire regarding the need in question, provided of course that her enquiry be of a necessary nature.
The rulings of the jurists follow hereunder:
“The husband has this right to prevent his wife from attending gatherings of Knowledge, unless such an occasion arises (where she needs a ruling (Mas-alah) and her husband does not obtain it for her (i.e. If the need is immediate and the husband is neither available nor does he make an effort to ask an ‘Aalim), then under such circumstances she may leave the house to enquire from a learned person.” (Raddul Mukhtaar, Page 683, Vol 2)
“If no URGENT NEED arises and the wife needs to know about Wudhu or Salaat etc. and she wants to go out of the house to enquire regarding this, then the husband has the right to prevent her, provided that he knows the Mas-alah and shows her (or he enquires from an ‘Aalim and informs her).” (Raddul Mukhtaar, Page 683, Vol 2)
“Unless, an urgent need arises where a woman finds it IMPERATIVE to leave the house in order to enquire about it, it is NOT PERMISSIBLE to leave the house. And if she leaves the house without the husband’s permission, then all the angels in the skies, and also all objects she passes by, except mankind and jinn, curse her.”
‘Allaamah Ibn Humaam (rahmatullaahi ‘alayh), author of “Fathul Qadeer”, states that on those occasions when a woman is allowed to leave the home (strictly Shar’ee reason), then too it should be done in such a manner that she adopts no beautification or fanciness, and emerges from her house in such a condition that no man even desires to look at her nor is his heart inclined towards her.” (She must emerge “Taafilah” (drab, shabbily dressed, covered completely from head to toe) according to the Hadiths of Rasulullah – sallallahu alayhi wasallam – and the Rulings of all the Fuqaha of all Math-habs.) (Majaalisul Abraar, Page 563)
Hence, from the aforegoing, this much is established that the husband holds the right to prevent his wife from attending Lecture gatherings, since it is NOT PERMISSIBLE for a woman to attend Lecture gatherings etc. in the first place, and it is his OBLIGATORY DUTY to prevent her from impermissible and undesirable acts. (Allaah Knows Best)
END OF MUFTI KIFAYATULLAH’S FATWA
MORE QUOTES FROM THE AUTHORITATIVE FUQAHA (JURISTS) OF ALL FOUR MADH-HABS
Please see the second section of this article which is being updated regularly: