Q&A (Fatwa)

#514: Ruling on a Christian Plaiting Hair for a Muslim

QUESTION

” Assalamun alaykum warahmatullah wabarakatuhu
Pleas is it permissible for a Christian to make hair for a muslin sister
What if she ( the Christian is her sister)”

ANSWER

Wa alaykum Salām Warahmatullāh Wabarakātuh.

Alhamdulillāh.

As regards the ‘Awrah of a Muslim Woman in front of a Non-Muslim Woman, there are three positions put forth by our Jurisconsults in our Corpus.

The first position, which is that favoured by the Hanafī and the Mālikī Schools:

That it is permissible for the Non-Muslim woman to see what is permissible for the Muslim Man to see of the Muslim woman which is the face and the hands to the wrists only.

They supported their position with the _Ayah_ of the Qur’ān where Allāh said “…Or their Women…” while exempting those before whom the Muslim Woman does not have to use the Khimār.

They argued that ‘their’ in the Verse implies ‘Pious Muslim Women’ and furthered their position by maintaining that Non-Pious Muslim Women and Non-Muslim women cannot be trusted with not narrating the beauty of Muslim women to men out there.

The Mālikī Imām Ad-Dasūkī – rahimahullāh – said in the Hāshiyah:

“As for the free Kafir Woman, then the ‘Awrah of a Muslim Woman when before her is what is already known to be ‘Awrah with the exemption of the Face and the two hands”

This position was also favoured by the Muhaqqiq Imām Ash-Shawkāni and the Muhaddith Shaykh Muhammad Nāsiruddīn Al-Albānī – Rahimahumullāh.

The Second position, and that which is favoured by the Shāfi’ī Masters of Ilm:

That it is permissible for the Non-Muslim woman to see of the Muslim Woman that which naturally is exposed during house chores and home activities.

It is mentioned in the Shāfi’ī Corpus, the Hāshiyah of Qal’yūbī:

“It is permissible for the Dhimmiyyah to see of the Muslimah what ordinarily is exposed of her during her chores. This is the Official position (of our School)”

This was also the position held by many of the ‘Ulamā. It was posited by Imām Al-Allūsī in his Tafsīr. He said:

“And this position is much more considerate for the People in this era. It has become increasingly difficult for Muslim women to conceal themselves from Dhimmiyyāt”

The third Position posited by the Hanbali School:

That everything that is permissible for her Mahram to see is permissible for the Non Muslim Woman too to see.

Imām Ibn Qudāmah Al-Maqdisī – rahimahullāh – expounded on this in the Mughnī.

This was also viewed by Shaykh ‘AbdulAzīz Ibn Bāz and Shaylh Muhammad Ibn Sālih Al-Uthaymīn – Rahimahumullāh – who said:

“She may expose for her that which she exposes for her Mahārim… She may expose for her Mahārim the face, the head, the Knees, the hands, the two arms, the Feet, and the Lower Legs. She is to conceal other than that.”

Shaykh ‘AbdulAzīz Ibn Bāz – rahimahullāh – said:

“It isn’t obligatory that she observes the Hijāb for them (Non Muslim Women) for they are in ruling, same with other women (Muslim) in the Sounder of the two Statements of the ‘Ulamā”

The later two positions make as evidence what is correctly narrated that Jewish and Christian women used to visit the Wives of the Rasūl – salallāhu alayhi wasallam – in their Homes and it has not been recorded from any of the Sahābah that they used the Khimār before them.

The difference is that the Shāfi’ī Polymaths sought to restrict that which she may expose to the Non-Muslim Woman by considering that which customarily is exposed in the home whereas the Hanbalis equated it to what she normally exposes to other Muslim Women and her Mahārim.

What we hold to be strongest, and Allah knows best, is the position of the Shāfi’ī Imāms that she may expose to them that which she regularly exposes during her house chores If she has no overwhelming reason to think that the Non-Muslim Woman in question will make public what she has seen of her beauty.

The hair falls within this permissibility Allah willing.

Despite this, that which our Mālikī Imāms hold is safer and better.

And Allah knows best.

Therefore, it is permissible for your Christian Sister to make your hair for you but it is better that you get a Muslim Sister that can do same.

We ask Allāh to guide us all toward that which is best, āmīn.

Bārakallāhu fīkum
Jazākumullāhu Khayran

11th Rabi’l Akhir 1439AH

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