It may occur to some to ask: How is it possible for the woman to undertake all the responsibilities that the Shar’a has permitted her such as being a government employee, or a judge settling disputes, or a member of the Majlis al-Ummah remonstrating with rulers and accounting them, bearing in mind the restrictions which have been placed on her in terms of the absence of Khalwa, non display of her charms, and the spending of her private life with women and Mahrams?
It may occur to others to inquire as to how the morals are to be protected? Also how are the morals to be safeguarded if women are allowed to frequent the marketplace, talk to men and undertake their activities in the public life and in the society.
These two questions and others like them are borne out of scepticism and incertitude, which often occur to such people when you present to them the Shari’ah rules of the (Islamic) social system. This is because they see the reality of the life in which they live, under the capitalist system and in the shadow of the banner of Kufr. Hence it becomes difficult for them to conceive the implementation of Islam.
The response to such questions is: that the social system in Islam is a set of diverse Shari’ah rules linked with each other. The requirement to follow one of its rules does not mean the abandonment of another. Rather, the Muslim man and woman should adhere to all of the Shari’ah rules so that there are no contradictions within a single person, otherwise discrepancies would appear in the Ahkam. Islam does not intend by permitting the woman certain activities that she should go to a government building and work as an employee, even as a nurse in a hospital after she has adorned herself with ornaments and dressed in a manner as if she is a bride in procession, showing men her alluring charms, and inciting their desires for her. Nor does Islam intend that she goes to the store wearing such adornments, or selling a product in a state of softness and seductivity, using a manner of speech which tempts the buyer to enjoy chatting to her during the haggling, thereby increasing the price of the commodity or enticing Him to make a purchase. Nor does Islam intend that she works as a clerk for a lawyer or as a secretary for a businessman leaving her alone with Him whenever the job necessitated Khalwa, wearing for Him such clothes that reveal her hair, bosom, back, arms and lower legs and displaying that which He desires from her naked body.
Islam certainly does not intend any of those things. Nor does it intend other such examples that take place within a community which resides in a non Islamic society dominated by the western way of life. Indeed what Islam intends is that the Muslim implements all the rules of Islam on him/herself. Hence when Islam permitted women to buy and sell in the marketplace, it prohibited her from going out displaying her charms and ordered her to adopt both rulings concurrently. So the belief in Islam obliges the Muslim to apply all its rules on him/herself. Islam has legislated rules, which include the undertaking of some actions and abstaining from others, which protects the Muslim, whether man or woman, from deviating from the path to moral virtue. They will act as a defence for the Muslim, preventing Him from sliding into a sex-orientated outlook whilst living in the community.
These rules number many. The rules, which include the performance of actions, are:
1. Both the man and the woman have been ordered to lower their gaze and protect their private parts. So Allah (swt) said:
“Tell the believing men to lower from their gaze, and protect their private parts. That is purer for them. Verily, Allah is All Aware of what they do. And tell the believing women to lower from their gaze and protect their private parts” [An- Nur: 30-31]
The lowering of the gaze by every man and woman is the true protection for each of them. That intrinsic protection prevents a person from involving in Haram, because the sight is the effective means to fall in Haram.When the gaze is lowered then the Munkar is prevented.
2. Islam ordered the man and the woman to fear Allah (swt). He (swt) said:
“Oh you who believe! Fear Allah and speak (always) the truth.” [Al- Ahzab: 70] He (swt) said:
“And fear Allah. Verily, Allah is Ever All-Witness over everything”. [Al- Ahzab: 55] And He (swt) said:
“And the good end (i.e. Paradise) is for the God fearing persons.” [Ta- Ha: 132]
When the Muslim is characterised by the fear of Allah (swt) and He fears his punishment, desires his Paradise and wishes to attain his good pleasure, then this fear will deter Him from committing a Munkar and deter Him from disobeying Allah (swt). This is the intrinsic deterrent beyond which there is no deterrent and when the Muslim fears Allah (swt) then He is characterised by the sublimest attributes of perfection.
3. Islam ordered the man and the woman to keep away from areas of uncertainty, and to be careful with regards to that, lest they fall into disobeying Allah . The Muslim has been ordered not to frequent any place nor do any action, nor be drawn into any situation in which there is uncertainty, lest they commit Haram. The Messenger of Allah (pbuh) said: “Both legal (Halal) and illegal (Haram) things are evident but in between them there are doubtful things and most of the people have no knowledge about them. So whoever saves Himself from these doubtful things, He would save his religion and his honour. And whoever indulges in these doubtful things would fall into Haram like a shepherd who grazes (his animals) near the Hima (private pasture) of someone else and at any moment He is liable to fall into it. Oh people! Beware! Every king has a Hima and the Hima of Allah on the earth is what He declared as Haram things.”
The doubt here occurs in three cases:
Firstly) He doubts whether a thing is prohibited or permissible (Mubah) or concerning an action whether it is obligatory (Fard), prohibited (Haram), disliked (Makruh), recommended (Mandub) or permissible (Mubah). The existence of such doubt concerning the description of a thing or the rule of an action, does not permit Him to approach it until the rule of Allah (swt) concerning it becomes clear. This means that He approaches it with the least amount of doubt, trusting that it is the rule of Allah (swt) for it. This is irrespective of whether it was his own Ijtihad or after becoming aware of the rule of Allah (swt) concerning it, either from a Mujtahid or from one who is aware of the rule, even if He be an imitator (Muqallid) or follower (Aam). This is so long as He trusts his Taqwa and knowledge of the rule rather than in his general knowledge.
Secondly) He suspects that He will commit a Haram through a Mubah action because of its closeness to the Haram and because of the possibility that it might lead to it such as depositing money in a bank which deals with interest, or selling grapes to a trader who owns a brewery or teaching girls regular lessons etc. Such actions are Mubah and allowed for Him to do, but it is better for his integrity if He does not do them by way of piety.
Thirdly) That people suspect a Mubah action is prohibited hence the person avoids the Mubah action lest people think ill of Him. This is like someone who passes a place suspected of corruption, and thus people suspect Him of being a corrupt person. In order that people do not speak of Him in such a way, He avoids the Mubah. Similarly the person who is strict about his wife or Mahrams covering their faces. He takes the opinion that the face is not 'Awrah, but He is strict lest people say that the wife of such and such person or his sister is going about brazenly unveiled. This intent can be seen in two respects:
a: The thing that people doubt as being Haram or Makruh is actually, Haram or Makruh in the Shari’ah. By the person performing a Mubah action people understand that He has performed a prohibited action. In this situation the person should avoid the Mubah action in case people think badly of Him or He should explain Himself to them. It has been narrated on the authority of Ali b. al-Husayn that Safiyya bint Huyai (ra), the wife of the Prophet (pbuh) told Him that she went to the Messenger of Allah (pbuh) to visit Him in the Mosque while He was in Itikaf in the last ten days of Ramadhan. She spoke to Him for a while after Ishaa, then she got up in order to return home. The Prophet (pbuh) accompanied her. When she reached the gate of the Mosque, opposite the door of Umm Salama the wife of the Prophet (pbuh), two Ansari men were passing by and they greeted the Messenger of Allah (pbuh) and continued on. He told them: “Wait a little!” and said, “She is (my wife) Safiyya bint Huyai”. Both of them said, “Subhan Allah, how dare we think of any evil O Messenger of Allah”, and they felt hurt that they would think such a thing. The Prophet (pbuh) said (to them): “Shaytan reaches everywhere in the human body as blood reaches in it. I was afraid lest Shaytan might insert an evil thought in your minds”. It is understood from this Hadith that the Messenger dispelled the doubt, which may have arisen in the minds of his two companions even though He (pbuh), is beyond all doubt and suspicion.
b: That a thing should be suspected by people of being prohibited but in reality it is permitted. However in case people say that He has committed a prohibited action, He avoids it, not because it is prohibited but because of what people would say. It is not permitted to keep away from such types of suspicion, rather He should undertake it according to the manner the Shari’ah has instructed and not according to the estimation of the people. AllahI has mildly reproached the Messenger for that. He (swt) said:
“You (Oh Muhammad) did fear the people, but it is more fitting that you should fear Allah” [Al- Ahzab: 37]
This indicates that if the Muslim sees that the Shara' has not forbidden a thing then He should do it even if all the people say it is prohibited.
If the man and woman stay away from these suspicions which the Shar’a has forbidden then it will protect them from disobedience to Allah (swt) and enable them to be characterised by moral excellence.
4. Islam encourages marriage at an early age so that it begins to restrict the sexual activity of a man and a woman to marriage from an early age. Thus one is brought up in this atmosphere and one is protected by restricting the sexual activity to marriage when the sexual instinct begins to be agitated. He (pbuh) said: “O you who are young. Whoever amongst you who can afford to marry should marry”. Marriage has been made exceptionally easy by urging the reduction of the bridal dower (Mahr). He (pbuh) said: “The one (amongst you, women) who receives the least amount of mahr is the most blessed (Baraka).”
5. Those men whose specific circumstances do not allow them to get married, they have been commanded that they should be characterised by chastity and self control. He (swt) said:
“And let those who find not the financial means for marriage keep themselves chaste, until Allah enriches them of his Bounty”. [An- Nur: 33] And they have been ordered to fast as a treatment for the sexual or procreation instinct so that they seek recourse to the worship of fasting in order to overcome it and occupy themselves with that which is more sublime and noble i.e. the strengthening of their relationship with Allah (swt) by way of pious deeds. He (swt) said: “O you who are young. Whoever amongst you can afford to marry should marry, because it will help Him refrain from looking at other women, and guard his modesty (i.e. private parts from unlawful sex). And whoever is not able to marry He should fast because it will protect Him”. Fasting is not there to suppress the procreation instinct but to generate concepts linked to the instinct of sanctification by which He will be distracted from the concepts of the procreation instinct, thus it will not agitate Him causing Him anxiety and pain. Fasting is not intended to weaken the body because eating at night and taking enough food serves as a substitute for eating during the day. So debilitation by way of fasting is not realised but what is realised is the presence of spiritual concepts through such optional fasting.
6. Women have been instructed to act modestly by wearing the complete attire in the public life. In addition Islam restricts the private life to women and non-marriageable men (Mahram). There is no doubt that the appearance of the woman in a modest serious fashion will act as a barrier between her and the unscrupulous gazes of those who do not fear Allah (swt). The Qur'an has described this dress in a precise, complete and comprehensive manner. When the woman wears this complete dress which is when she draws her Khimar over her bosom and wraps her head-covering around her neck and chest, and when she drapes her Jilbab over her body and lowers it towards the floor such that her whole body is concealed even to the feet, then she can be said to have worn the complete dress, taken protection in her attire and manifested her modesty.Wearing this complete dress, she can go out into the public life in order to pursue her activities in the most modest and dignified manner, which, will thus guard herself against the unscrupulous gazes of those who do not fear Allah (swt).
These are the divine rules which include the performance of affirmative actions. As for the Shari’ah rules which include the abstention from actions they are:
1. The private meeting between a man and a woman alone is prohibited. Khalwa is the meeting of a man and a woman in a place where no one is able to enter except by their permission. An example is such as their getting together in a house or in an open space remote from public access. So the Khalwa is the meeting of two people in isolation, secure from the presence of others. This Khalwa is corruption itself, therefore Islam has categorically prohibited it between a man and woman who are not Mahram to each other, whoever these two persons may be and whatever this Khalwa may be. The Prophet (pbuh) said: “Whosoever believes in Allah and the Last Day (Alyawm al-akhir) let Him not be alone with a woman who has not a Mahram with her. Indeed, the third (person) is al-Shaytan!” By preventing Khalwa the Shar’a took the necessary safeguards between the men and women. The reality of Khalwa is that it makes the man and woman more sexually agitated. And by prohibiting this solitary privacy (Khalwa fardiyya) the causes of corruption are eliminated, because the Khalwa is one of the direct means to corruption.
2. The woman has been forbidden from displaying her charms (Tabarruj) from the time when Allah (swt) prohibited it. He (swt) said:
“And as for women past childbearing who do not expect wed-lock, it is no sin on them, if they discard their (outer) clothing in such a way as not to show their charms” [An- Nur: 60]
Thus, Allah (swt) has forbidden women past child-bearing age from displaying their charms (Tabarruj), allowing the discarding of the dress, without displaying their charms (Tabarruj). Implicit in this, is the prohibition of Tabarruj. Since women past the age of childbirth have been prohibited from displaying their charms (Tabarruj) then by greater reason women who have not reached such an age should not make Tabarruj. He (swt) said:
“And let them not stamp their feet so as to reveal what they hide of their charms”. [An- Nur: 31]
Examples such as these are considered Tabarruj. Tabarruj is the showing of the charms (Zeena) and beauty (Mahaasin) to non-marriageable men (Non- Mahrams). It is said the woman adorned (Tabarrajat) herself meaning: She displayed her charms (Zeena) and beauty (Mahaasin) to non-marriageable men (Non-Mahrams). There are a number of Ahadith, which prohibit what is considered to be Tabarruj. It has been narrated by Abu Musa al-Ash'ari that the Messenger of Allah (pbuh) said: “Any woman that uses perfume and walks past men in order for them to smell her fragrance; she is a fornicator” i.e. She is similar to the fornicator in terms of sin. And He (pbuh) said: “Two categories of people have not seen them (yet): some people who hold whips like the tails of the cows by which they lash the people. And women who wear (clothes) but (are) half-naked, bending (their bodies) and bending the sight of the men to them. Their heads are like the tilted humps of the camels. These women will not enter the paradise nor will they experience its smell (odour), though its odour is felt at a distance of so and so (days).” All of these evidences are very clear in their prohibition of Tabarruj, and therefore Tabarruj is Haram. Consequently, every unusual Zeena, which draws the attention of men and reveals the beauty (Mahaasin) of the woman, is Tabarruj if the woman appears like this in the public life or if she appears like this before non-mahram men in the private life. Example includes using perfume, make-up, wearing false hair on the head without a Khimar, or wearing trousers without a Jilbab when she goes out into the public life. The reality of Tabarruj is that it incites both men and womens' emotions and agitates the procreation instinct for sexual intercourse. It invites man's solicitation of a woman causing their association to be based on attraction, and this makes their relationship of a sexual nature. This corrupts cooperation between them. It makes this co-operation non-conducive to the building of a community, leading rather to its destruction. This Tabarruj acts as an obstacle to the true association, whose basis is purity and Taqwa. Without due care it can also fill the great void in one's life, by agitating the emotions and inciting the procreation instinct. Life should not be filled except by great responsibilities and serious concerns, nor should it be spent in satisfying bodily desires, including the desires incited by Tabarruj. With this understanding there would be a defined barrier between man and woman, leading to the successful fulfilment of his/her mission in life. This mission is carrying the Islamic Call and undertaking Jihad for raising high the Word of Allah (swt). Therefore, we must appreciate the danger of Tabarruj to the Islamic community and appreciate what Tabarruj in which the female displays herself to the male, inciting Him, of danger to the community and its relationships. This is the Tabarruj, which Islam has prohibited, and this is its reality and what it contains in terms of a danger to an Islamic community. As for displaying the charms and adornment in the house and in the private life, this is not considered Tabarruj nor Tabarruj applies to it.
3. Islam has prohibited every man and woman from pursuing occupations which endanger morals and cause corruption in society. Hence the woman is prohibited from performing jobs which aim to exploit her femininity. Raf'i b. Rifa'aa (ra) narrates: “The Prophet (pbuh) forbade us from the earnings of the slave-girl except that which she earned with her own two hands.” And He (pbuh) said indicating with his fingers to mean baking, spinning yarn, and engraving. So the woman has been forbidden from working in shops where the aim is to attract customers because of her sex or to work in embassies, consulates and other such places in order to use her femininity to realise political objectives. She is also prohibited from working as an airhostess in an aeroplane or other occupations where the woman works with the intention of using her femininity.
4. Islam forbade the defamation of chaste woman, i.e. accusing them of fornication. He (swt) said:
“And those who accuse chaste women, and produce not four witnesses, flog them eighty stripes, and reject their testimony forever, they indeed are the Fasiqun (transgressors)”. [An- Nur: 4] And He (swt) said:
“Verily, those who accuse chaste unaware and believing women, are cursed in this life and in the Hereafter, and for them will be a great torment. [An- Nur: 23]
And the Messenger of Allah (pbuh) said: “Avoid the seven great destructive sins”. The people enquired, “O Allah's Messenger! What are they?” He (pbuh) said: “to associate partners along with Allah, to practice sorcery, to kill the life which Allah has forbidden, to eat up Riba (usury), to eat up an orphan’s wealth, to retreat in front of the enemy at the time of fighting, and to accuse chaste and unaware women believers”.What is meant by chaste women here are the modestly attired women. Defamation of a modest woman is prohibited. By prohibiting the accusation of chaste women the Shar’a has silenced the tongues of those which have become accustomed to speak badly of and slander, who wish only to lap up the honour of people. Hence evil gossip and rumours do not spread in the Islamic community neither does the false accusation. In this, is a protection for the Islamic community.
So, these divine rules which include the abstention from certain actions ensure that the Islamic community, wherever co-operation may occur, proceeds to co-operate within the limits of purity (Tahara) and Taqwa (God fearing).
Through all of this, it is possible for a person to visualise what the Islamic community is and comprehend what the Muslim woman is. He can realise that the woman's performance of actions in the public life which the Shar’a has permitted her, will not result in corruption nor lead to any harm. He can see it is necessary for the public life and elevation of the community. Therefore, Muslims must adhere to the rules of Shar’a whether they be in Dar ul-Islam, Dar ul-Kufr, in a Islamic or non-Islamic country, amidst a community of Muslims or non-Muslims. They must undertake the activities the Shar’a has permitted for the women, and they should not fear any blame from it. Indeed acting according to the Shar’a rules is a protection for the woman, elevation for the community and obedience to the orders and prohibitions of Allah (swt). The Shar’a is the best in informing of what will suit man as an individual or a community in the private and public life.
This is briefly the system by which Islam treated the meeting from which problems arise, which is the meeting of men and women. It becomes clear from this system that divine rules have come to ensure the prevention of corruption, which may arise from this meeting. They also ensure the attainment of the well being (Salah) of the Islamic community, which provides the purity, Taqwa, diligence and work. It guarantees a private life in which the person attains tranquillity and rest from life's troubles. And it ensures a public life, which is serious, productive and provides for the community that which it requires in life in terms of happiness and ease. These rules are part of the social system because they organise the social intercourse of men and women. As for the relationships, which arise from this social intercourse and the problems that branch out from it, they are another part of the social system. These are: marriage, divorce, sonship and financial maintenance (Nafaqah) etc. Although these rules (of marriage and divorce) are from the systems of society because they organise the relationship between individuals, from the point of view of their origin, they have however resulted from the social intercourse that takes place between men and women. Therefore, they are studied in the social system in view of their origin and source. As for their details and ramifications, they are part of the systems of society, and they are studied under that category of societal transactions (Mu’amalat).