第113条
Article 113
本来男女是分开的,除非有某种需要,并且是沙里尔(Shar')所认可的,才会聚在一起,例如贸易和朝觐。
In origin men and women are segregated, and do not come together except for a need by Shar’ agrees to it and agrees to their assembly for it , such as trade and the pilgrimage.
本文依据众多证据。第一,伊斯兰教法将穆斯林的生活划分为公共领域与私人领域。在妇女的私人生活中,她可以在她的 Mahārim(至亲近亲属)面前展示超出其 ʿAwrah(私处)范围的部位;而在公共领域中,除脸和手之外,她的身体任何部分都不得示人。第二,教法规定礼拜时女性的行列应在男性之后。第三,教法命令男子避免直视女子,女子也应如此避免直视男子。第四,教法命令女子穿着端庄的服装遮盖自身,遮盖所有装饰之处,唯独显露于外的部分除外(换言之,即她的双手和面部)。第五,在私人生活中,妇女在其 Mahārim 之间可以展示超出 ʿAwrah 的部位,这是被允许的。
This article is derived from numerous evidences. Firstly: the Shari’ah divided the Muslim’s life between the general and private spheres, and in the woman’s private life she can display what is above her Awrah to her Maharim (close family relatives), whereas in her public sphere she cannot display anything from her body except her face and hands. Secondly, the Shari’ah made the rows of the woman in prayer behind that of the men. Thirdly, the Shari’ah ordered men to lower their gaze from the women, and vice versa. Fourthly, the woman has been ordered to cover herself in modest clothing which covers every part of the places of adornment, except for that which is apparent from her (in other words, her hands and face). Fifthly, it is permitted for her to display what is above her Awrah in her private life between her Maharim.
所有关于这些规定的证据都表明,其基本原则是男女隔离,各自生活在不同的领域之中。与此同时,某些事务对女性而言被允许、被提倡或被规定为义务。因此,她必须履行义务性的事项,以及提倡和允许的事项,但不得有塔巴鲁吉(即引人注目的修饰打扮),并且须穿着安拉(SWT)在《古兰经》中以祂(SWT)的话语所描述的服饰。“并让她们的头巾垂到胸前。”(TMQ 24:31)指的是外层的上衣;而祂(SWT)的话语“让她们把外袍披在身上(放下来)”,指的是内层的衣服,因为札巴(Jilbab,长袍)是穿在衣服之外的。贾欣哈里在《萨哈》中说:“札巴是遮盖物,也有人说它是一块布。”《穆希特词典》中提到:“札巴的形式如同西尔达卜或辛马尔,即女性在遮盖物之下穿的长袍或大件衣服,或像遮盖物一样掩盖她的衣服。”而“放下”(Idnaa')衣服,是指将其垂到底部;有人说“放下遮盖物,把它垂下来”,此处“放下”的含义就是垂下,而垂下衣服的唯一含义就是将其垂到底部。还有祂(SWT)的话语。
All of the evidences for these rules indicate that the basis is that men are segregated from women, and so each of them lives in a different sphere of life than the other. Along with this, the woman has had certain issues made permitted, recommended and obligatory upon her. Therefore, it is imperative that she undertakes what is obligatory, and recommended, and permitted, but without Tabarruj (beautification which attracts attention) and with the clothing which Allah (swt) described in the Quran with His (swt) words. “And to wrap [a portion of] their headcovers over their chests.” (TMQ 24:31) is the upper/outer clothing; whereas His (swt) words. “Bring down (let down) over themselves their wrapping outer garments.” is referring to the clothing from underneath, because the Jilbab is worn above the clothing. Al-Jawhari said in Al-Sihhah “The Jilbab is the cover and some say it is a sheet”. In the Al-Muheet dictionary it mentions “the Jilbab is in the form of the Sirdab or the Sinmar, which is the gown or a large garment for women under the cover, or conceals her clothing like a cover”. And to “draw” (Idnaa') clothing is to lower it to the bottom; it is said “draw the cover, lower it”, and the meaning of drawing here is lowering, and the only meaning of lowering the clothing is to lower it to the bottom. And His (swt) words.
“不显露装饰”(TMQ 24:60)指的是不公开炫耀装饰(Tabarruj)。
“Not displaying adornment.” (TMQ 24:60) is with respect to the open display of beautification (Tabarruj).
因此,她可以按照伊斯兰教法为她规定的着装出门,与男子会面,以从事伊斯兰教法允许她做的事务,例如买卖、就业、委托代理人、监护等,并履行伊斯兰教法为她规定的义务,例如朝觐和缴纳天课,或为她提倡的事务,例如自愿施舍、帮助穷人、照顾病人等。这些需要已由伊斯兰教法从立法角度为她确认,无论它们是义务性的、推荐性的还是允许性的,并且教法也确认了在进行这些事务时男女可以聚集在一起。因此,这些证据表明,伊斯兰的生活方式是在私人领域将男女分开,并允许男女在公共领域聚集,以履行他们所应履行的义务、所提倡的事务或所允许的事务,而妇女的着装须符合伊斯兰教法为她规定的要求。这些就是本文的论据。
Therefore, she is allowed to go out dressed in accordance with what the Shari’ah specified for her, and meet with men in order to undertake what the Shari’ah allowed her to do, such as buying, selling, employment, appointing proxies, custody and so on, and to carry out was has been made obligatory upon her such as Hajj and paying the Zakah, or recommended upon her such as voluntary charity, helping the poor, treating the sick and so on. These needs have been confirmed from the legislative angle for her by the Shari’ah, whether they were obligatory, recommended, or permitted, and has confirmed the gathering of men and woman while they are undertaken. Therefore, these evidences indicate that the method of life in Islam is to segregate men from the women in the private sphere, and allow men and women to gather in the public sphere in order to carry out whatever was obligatory, recommended, or permitted upon them with the dress in accordance with what the Shari’ah specified to her. These are the evidences for this article.