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Resolutions of Iftaa' Board

Resolution No.(64): "Ruling on a Veiled Woman Uncovering her Face"

Date Added : 29-11-2015

 

Resolution No.(64): "Ruling on a Veiled Woman Uncovering her Face"

Date: 8/4/1424 AH, corresponding to 9/6/2003

 

The Board received the following question:

What is the ruling on uncovering woman's face for voters identifications causes minutes before voting takes place at polling stations?

Answer: All success is due to Allah

The Board is of the view that the permissibility of a woman uncovering her face, in general, is a controversial issue amongst the Jurists. The majority of them see that it is permissible for a woman to uncover her face because it isn`t an Awrah (private parts); whereas, some of them see that it is forbidden. Nevertheless, there is a consensus amongst the Jurists that it is permissible for the woman to uncover her face for litigation or delivering a testimony, and she isn`t considered sinful when required to do that for similar purposes.

Since casting her vote is tantamount to giving a testimony, a veiled woman is permitted to uncover her face, while not wearing make-up, for identity check at poll stations and she isn`t considered sinful at all. However, it is better that a female is assigned for checking the identity of veiled women during elections, and as much as possible.

And Allah, The Almighty Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice, Izz Aldeen Attamimi

  Dr. Wasif Al-Bakhri

Dr. Ahmad Hilayel

            Dr. Abdulsalam Al-Abbadi

  Dr. Yousef Ghizaan

     Sheikhb Sa`id Hijjawi

        Sheikh Na`iem Mujahid

             Sheikh Mahmood Shwayat

            Dr. Mohammad Abu Yahia

 

Note: His Grace, Dr. Nooh Al-Qhodat said: "It is permissible for a woman to cast her vote, and that covering her face before people other than her husband and Mahrams (unmarriageable male relatives) is obligatory according to some Jurists. Therefore, a woman who sees that covering her face before non-Mahrams (Marriageable men) obligatory, she mustn`t uncover it for the purpose of casting her vote."

 

 

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

Is it permissible for the wife to give the Zakah (obligatory charity) of her money to her poor husband?

Yes, it is permissible for the wife to give from the Zakah of her money to her poor husband. And Allah Knows Best.

Is supplicating in Qunoot, at times of affliction, during obligatory and voluntary prayer a Sunnah, and should it be done before Rukoo` (bowing), or after it?

At times of affliction, it is a Sunnah that Muslims supplicate in Qunoot after the final Rukoo` of each obligatory, or voluntary prayer as individuals, or in congregation.

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