#1138: Ruling on the Permissibility of Women going out of their Parents` or Husbands` House while Observing the Hijāb
Assalamu Alaikum wa rahmatullah wa barakatuh.
Here is my questions
Does shariah prohibits women from going out of their parents house or husband house, even if the observe hijab.
ANSWER:
Wa Alaykum Salam Warahmatullah Wabarakaatuh.
Alhamdulillah.
Know, may Allah illumine my heart and yours, that one of the things that the Shariah made clear and about which the Fuqahaa are agreed is the forbiddance of a woman leaving her home without the permission or guidance of her Wali. The Imam Abu Abdillah Muhammad bn Ahmad Al-Qurtubi rahimahullah said in his Tafsir:
الشريعة طافحة بلزوم النساء بيوتهن، والانكفاف عن الخروج منها إلا لضرورة
“The Shar’iah is laden with emphasis that women should remain in their homes and to refrain from going out of their homes except for necessities”
The proof for this is the verse where Allah said:
وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الجَاهِلِيَّةِ الأُولَى
“And remain in Tranquility in your homes and do not flirt around like the flirtation of the earlier days of Jaahiliyyah”
The exception to this general rule is the Hadith of Aa’ishah that was recorded by Imam Al-Bukhari rahimahullah
عَنْ عَائِشَةَ، قَالَتْ خَرَجَتْ سَوْدَةُ بِنْتُ زَمْعَةَ لَيْلاً فَرَآهَا عُمَرُ فَعَرَفَهَا فَقَالَ إِنَّكِ وَاللَّهِ يَا سَوْدَةُ مَا تَخْفَيْنَ عَلَيْنَا، فَرَجَعَتْ إِلَى النَّبِيِّ صلى الله عليه وسلم فَذَكَرَتْ ذَلِكَ لَهُ، وَهْوَ فِي حُجْرَتِي يَتَعَشَّى، وَإِنَّ فِي يَدِهِ لَعَرْقًا، فَأُنْزِلَ عَلَيْهِ فَرُفِعَ عَنْهُ وَهُوَ يَقُولُ “ قَدْ أَذِنَ لَكُنَّ أَنْ تَخْرُجْنَ لِحَوَائِجِكُنَّ ”.
Once Sawda bint Zama went out at night for some need, and Umar saw her, and recognizing her, he said (to her), “By Allah, O Sawda! You cannot hide yourself from us.” So she returned to the Prophet and mentioned that to him while he was sitting in my dwelling taking his supper and holding a bone covered with meat in his hand. Then the Divine Inspiration was revealed to him and when that state was over him, he (the Prophet was saying: “O women! You have been allowed by Allah to go out for your needs.”
Inference therefore is that the Shar’iah prohibits her going out without a necessity.
And Allah know best.
Barakallahu fikum
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