Abaya in fiqh

Faith and fiqh

Fiqh rulings on wearing the abaya and hijab vary across the four major schools of Sunni jurisprudence.

These schools differ based on their interpretations of Quranic verses and Hadith that address modesty and dress, as well as the cultural and societal context of the early Islamic era.

Hanafi School

The Hanafi school, founded by Imam Abu Hanifa, holds that covering the entire body except for the face, hands, and feet is mandatory for women. The Hanafi jurists base this view primarily on the interpretation of two Quranic verses:

  • Quran 24:31: β€œAnd tell the believing women to lower their gaze and guard their chastity, and not to reveal their adornments except what normally appears.”
  • Quran 33:59: β€œO Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves part of their outer garments.”

The term “outer garments” (jalabib) in the Quran is often interpreted to mean that a woman should cover herself in a manner that fulfills social expectations of modesty.

Practical application

In Hanafi-majority countries like Pakistan and parts of India, cultural practice often reflects this interpretation, though it varies by region. For example, scholars from the Indian subcontinent, such as Maulana Ashraf Ali Thanvi, emphasized the importance of outer garments but allowed some leniency in how the face and hands might be exposed in specific cases, such as in situations of necessity or difficulty in wearing the full abaya.

Maliki School

The Maliki school, founded by Imam Malik ibn Anas, generally requires covering the entire body, with the exception of the face and hands. Maliki jurists emphasize that the concept of hijab goes beyond physical covering and includes behaviors and actions that maintain modesty. They interpret the same Quranic verses mentioned above but emphasize community customs and personal discretion.

Maliki scholars also rely heavily on the traditions (amal) of the people of Medina, where the Prophet’s companions lived and practiced Islam, which influenced their lenient stance on face covering. According to the Malikis, if cultural norms allow the face to be uncovered, women are not required to cover it.

Practical application

In North African Maliki regions like Morocco and Algeria, it is common for women to wear modest clothing without necessarily covering their faces. For example, in Morocco, wearing a jellaba or other loose-fitting clothing that covers the body is widely considered to satisfy the requirements of modesty without necessarily including the abaya or niqab.

Shafi’i School

The Shafi’i school, founded by Imam Al-Shafi’i, generally shares similar views with the Hanafi school, advocating for the covering of the entire body except the face and hands. However, Shafi’i jurists emphasize stricter adherence to modesty when in public, particularly in societies or situations where uncovering the face may lead to unwanted attention.

The Shafi’i school uses the same Quranic sources as well as hadiths like:

  • Sahih al-Bukhari: The Prophet is reported to have said to Asma bint Abu Bakr, “When a girl reaches puberty, it is not appropriate for her to show anything except this and this,” pointing to his face and hands.

Practical application

In East African and Southeast Asian countries, such as Indonesia and Kenya, where the Shafi’i school is predominant, women typically wear modest clothing without necessarily covering their faces. However, cultural adaptations are made, with women often wearing a long-sleeved dress or loose outer garment, though a full-body abaya may not be as commonly worn.

Hanbali School

The Hanbali school, founded by Imam Ahmad ibn Hanbal, is the strictest among the four when it comes to women’s dress, generally advocating for covering the entire body, including the face. Hanbali jurists interpret the Quranic command to wear an “outer garment” as requiring women to wear a full veil (niqab) and consider it part of the obligatory hijab.

Practical application

In Saudi Arabia and parts of the Gulf, where Hanbali fiqh is influential, it is common for women to wear the abaya along with the niqab or face covering in public spaces. The enforcement of this practice varies, though the social norm is often observed as part of cultural and religious expectations.

Summary

Across the four schools of thought, the core emphasis is on modesty and public decorum, though the application varies. The Hanafi, Maliki, and Shafi’i schools allow some flexibility on the question of face covering, while the Hanbali school is more stringent, advocating for the niqab. These differences are often influenced by cultural contexts and the interpretations of specific verses and hadiths by scholars.

For further details, one may refer to classical fiqh sources such as Al-Muwatta by Imam Malik, Al-Hidaya by Al-Marghinani for Hanafi jurisprudence, and Al-Majmu’ by Al-Nawawi for Shafi’i jurisprudence, which explore these rulings with greater depth and include real-life cases from the early Islamic period.