Niqab in the Hanafi Madhab

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

In the Name of Allah Most Merciful Most Kind

Short Answer

Niqab in the Hanafi Madhab is not an absolute obligation because the face is not Awrah. However, many later Hanafi scholars said it is mandatory (Wajib) for a woman to wear Niqab due to Fitnah (temptation). Whereas earlier scholars tended to say that men should lower the gaze instead.

Explanation

عَبْدُ اللَّهِ بْنُ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا، قَالَ: أَرْدَفَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الفَضْلَ بْنَ عَبَّاسٍ يَوْمَ النَّحْرِ خَلْفَهُ عَلَى عَجُزِ رَاحِلَتِهِ، وَكَانَ الفَضْلُ رَجُلًا وَضِيئًا، فَوَقَفَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لِلنَّاسِ يُفْتِيهِمْ، وَأَقْبَلَتِ امْرَأَةٌ مِنْ خَثْعَمَ وَضِيئَةٌ تَسْتَفْتِي رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَطَفِقَ الفَضْلُ يَنْظُرُ إِلَيْهَا، وَأَعْجَبَهُ حُسْنُهَا، فَالْتَفَتَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَالفَضْلُ يَنْظُرُ إِلَيْهَا، فَأَخْلَفَ بِيَدِهِ فَأَخَذَ بِذَقَنِ الفَضْلِ، فَعَدَلَ وَجْهَهُ عَنِ النَّظَرِ إِلَيْهَا

(Sayidina) Abdullah bin Abbas narrated: Al-Fadl bin Abbas was ridding behind the Messenger of Allah ﷺ on the Day of Nahr (sacrifice). Al-Fadl was a handsome man. The Prophet ﷺ stopped to answer legal queries. A beautiful woman from the tribe of Khath’am came to ask the Messenger of Allah ﷺ. Al-Fadl started looking at her and was impressed by her beauty. The Prophet ﷺ looked behind while Al-Fadl was looking at her. So he ﷺ took hold of al-Fadl’s chin and turned his face away from looking at her. (Sahih al-Bukhari 6228).

In the Hadith above we find that the blessed Prophet ﷺ did not ask the Muslim woman to cover her face despite the fact that a man was looking at it. Rather the Mubarak Prophet ﷺ required the man to avert his gaze. This is one of numerous proofs for early Hanafi scholars not obliging Niqab in the Hanafi Madhab.

Hadith analysis

In another narration in Bukhari (1855) it is stated that she was looking at (Sayidina) al-Fadl too (فَجَعَلَ الفَضْلُ يَنْظُرُ إِلَيْهَا وَتَنْظُرُ إِلَيْهِ). Despite this, the blessed Prophet ﷺ did not command her to cover her face. Rather the man (Sayidina al-Fadl) was required to avert his gaze. So even when Fitnah (temptation) is a concern the man is required to avert his gaze. The woman is not commanded to cover her face.

The narration in Musnad Ahmad (564, Hasan) has the blessed Prophet ﷺ mention the fear of Fitnah (إِنِّي رَأَيْتُ غُلامًا شَابًّا، وَجَارِيَةً شَابَّةً، فَخَشِيتُ عَلَيْهِمَا الشَّيْطَانَ) but still does not command the lady to cover her face. These narrations further strengthen the position of early scholars regarding Niqab in the Hanafi Madhab. Namely, it is not Wajib (mandatory/obligatory).

وَفِيه: إِزَالَة الْمُنكر بِالْيَدِ. (عمدة القاري)

In it is (proof for) removing transgression (sin) with the hand. (Imam al-Ayni 855H, Umdatu al-Qari).

In the Nass above, Imam al-Ayni commented on the incident mentioned in the Hadith. He clearly mentioned that it was a situation of transgression. Yet, the Prophet ﷺ rectified it by having the man look away. And did not oblige the woman to cover her face.

Hanafi Imams

It is due to the abundance of clear evidence that many early Hanafi Imams did not consider the Niqab to be obligatory (Wajib or Fard). This was the case even in situations of Fitnah, as the Hadith mentions both were looking at each other. And the narrator mentions both were very attractive. Therefore, early Hanafis obliged the man to avert the gaze.

الْمَرْأَةَ لَا تُغَطِّي وَجْهَهَا بِالْإِجْمَاعِ مَعَ أَنَّهَا عَوْرَةٌ مَسْتُورَةٌ فَإِنَّ فِي كَشْفِ الْوَجْهِ مِنْهَا خَوْفَ الْفِتْنَةِ. (المبسوط)

A woman does not cover her face (in Ihram), according to Ijma (consensus). Despite the fact that she is generally obliged to cover (most of her body). And her uncovering the face leads to fear of Fitnah (temptation). (Imam Abu Sahl al-Sarakhsi 483H, al-Mabsoot).

المرأة لا تغطي وجهها مع أن في الكشف فتنة. (الهداية)

A woman does not cover her face (in Ihram). Even though unveiling it causes Fitnah (temptation). (Imam Burhan al-Deen al-Marghinani 593H, al-Hidayah).

Although the above Nusoos (texts) are specific to Ihram, there are numerous general texts permitting a woman to uncover her face too. I have cited these here, because they are closely related to the Hadith above. And also, to show how later Hanafis who obliged face covering (Niqab) during Ihram went against earlier scholars.

Later Hanafis

Some later Hanafis disagreed with earlier scholars. They obligated Niqab in the Hanafi Madhab. They explained that the change in Fatwah was due to more widespread Fitnah (temptation). Such scholars went so far with this ruling that they considered it obligatory for a woman in Ihram to cover her face, despite the general prohibition. However, they advised that it be done in such a way that the veil does not touch the face.

هَذَا الْإِرْخَاءَ عِنْدَ الْإِمْكَانِ وَوُجُودِ الْأَجَانِبِ وَاجِبٌ عَلَيْهَا. (البحر الرائق شرح كنز الدقائق)

This veil is Wajib (obligatory), when it is possible, and strangers are present. (Imam Zayn al-Deen Ibn Nujaym 970H, al-Bahr al-Raiq).

وَعَبَّرَ فِي الْفَتْحِ بِالِاسْتِحْبَابِ، لَكِنْ صَرَّحَ فِي النِّهَايَةِ بِالْوُجُوبِ. (رد المحتار على الدر المختار)

In al-Fath he mentioned recommendation. However, in al-Nihaayah he was explicit about obligation. (Imam Ibn Abideen 1252H, Radd al-Muhtar).

It is incredibly rare and contentious for later Hanafi scholars to directly oppose earlier Imams. Which is probably why many later Hanafis did not agreed with this Fatwa. This later position is unconvincing because earlier scholars recognised that uncovering the face causes Fitnah. Yet they still did not consider it obligatory.

لَا تَكْشِفُ رَأْسَهَا وَتَكْشِفُ وَجْهَهَا وَلَوْ سَدَلَتْ عَلَى وَجْهِهَا شَيْئًا وَجَافَتْهُ عَنْهُ جَازَ. (الفتاوى الهندية)

She does not uncover her head. But she does uncover her face. If she covers her face with something disconnected, it is permissible. (al-Fataawa al-Hindiyah).

فإذا لم يجز للمرأة تغطية وجهها، مع أن كشف وجهها موجب للفتنة فأولى أن لا يجوز للرجل تغطية الوجه. (البناية شرح الهداية)

If it is not permitted for a woman to cover her face, even though uncovering necessitates Fitnah, then it is more fitting that a man is not permitted to cover the face. (Imam Badr al-Deen al-Ayni 855H, al-Binayah Sharh al-Hidayah).

وَلَوْ سَدَلَتْ عَلَى وَجْهِهَا شَيْئًا مُجَافِيًا جَازَ. (مرقاة المفاتيح)

If she covers her face with something disconnected, it is permissible. (Imam Ali al-Qari 1014H, Mirqaat al-Mafateeh).

In these Nusoos (texts) we see later Hanafi scholars saying it is recommended for a woman to cover her face. They did not say it is obligatory. Therefore, it is clear that not all later Hanafi scholars said that a woman is obliged to cover her face in situations of Fitnah.

Opposing Hadith

A further concern with this later Fatwa is that they obliged a woman to cover the face even if she is in Ihram. This not only contradicts the position found with early Hanafi Imams, more importantly it directly contradicts Hadith. See the Hadith below together with the commentary of the Hanafi Imam, Badr al-Deen al-Ayni.

وَلاَ تَنْتَقِبِ المَرْأَةُ المُحْرِمَةُ، وَلاَ تَلْبَسِ القُفَّازَيْنِ

The Prophet ﷺ said: A woman in Ihram must not wear a Niqab. And must not wear gloves. (Sahih al-Bukhari, 1838).

 

وَلَا تنتقب الْمَرْأَة الْمُحرمَة فِيهِ دَلِيل على أَنه يحرم على الْمَرْأَة ستر وَجههَا فِي الْإِحْرَام. (عمدة القاري شرح صحيح البخاري)‘

A woman in Ihram must not wear a Niqab.’ This is proof for the fact that it is Haram (prohibited) for a woman to cover her face in Ihram. (Imam Badr al-Deen al-Ayni 855H, Umdatu al-Qari).

Conclusion

The ruling regarding Niqab in the Hanafi Madhab is somewhat disputed. Early Hanafi scholars tended not to consider it obligatory, despite recognising the Fitnah therein. They took this position due to an abundance of evidence from Hadith. However, many later scholars did consider the face veil to be obligatory.

This is why we tend to find differences amongst contemporary Hanafi scholars. Some do consider the Niqab to be Fard or Wajib in the Hanafi school, and others do not. Both parties have authoritative references from the Madhab to support their position. However, the earlier scholars tend to have more explicit Hadith evidence supporting them.

And Allah Most High Knows Best.

–Answered by Shaykh Noorud-deen Rashid (21.06.24)