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Draft Constitution of the Khilafah State7 min readViewed 6 times

Article 118


It is not permitted for a woman to be alone with a non- Mahram. It is not permitted for her to reveal the adornments (Tabarruj) and the ‘Awrah in front of foreign men.

This article explains three issues:

Firstly – the prohibition of Khulwah (to be alone in a private space with a non-Mahram). The evidence is the words of the Messenger (saw).

. » وَلاَ يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ، فَإِنَّ ثَالِثَ هُمَا الشَّ يْطَانُ « .

“A man should not be in khulwah with a woman, since the third of them is the devil”, reported by Ahmad with an authentic chain from Umar (ra). And his words.

.» لاَ يَخْلُوَنَّ رَجُلٌ بِامْرَأَةٍ إِلاَّ وَمَعَهَا ذُو مَحْرَمٍ «.

“A man is not alone with a woman but the third of them is Ash- Shaitan” (reported by Muslim).

Secondly – prohibition of open display of adornments (Tabarruj), or anything which attracts attention. The evidences are His (swt) words.

“[but] not displaying adornment.” (TMQ 24:60) and His (swt) words.

“And let them not stamp their feet to make known what they conceal of their adornment.” (TMQ 24:31). This is a prohibition of one of the actions of Tabbaruj, and Tabarruj linguistically means to reveal the beautification. It is mentioned in Al-Muhit dictionary “she did Tabarruj – she displayed her beauty to the men”, which is also the Shari’ah meaning for it. So Tabarruj is different from beautification, because beautification is one thing whereas revealing that beautification is something else; it is possible for her to be beautified and not doing Tabarruj if her beautification was normal and not of the type to attract attention. Therefore, the meaning of prohibiting Tabarruj is not the absolute prohibition of beautification, since Tabarruj is the revealing of the beauty and charms to the foreign men; it is said the woman did Tabarruj, she revealed her beauty and charms to foreign men. Also supporting these texts that prohibited the actions of Tabarruj, is that with investigation it becomes apparent that they only prohibit the revealing of beautification and charms, and the prohibition of beautification generally is not something which is understood from them. So the words of Allah (swt).

“And let them not stamp their feet to make known what they conceal of their adornment (TMQ 24:31) is plainly prohibiting the revealing of the beautification, since He (swt) said.

“To make known what they conceal of their adornment.”. It is narrated from Abu Musa Al-Ash‘ari who said.

. » أَيُّمَا امْرَأَةٍ اسْ تَ عْطَرَتْ فَمَرَّتْ عَلَى قَ وْمٍ لِيَجِدُوا مِنْ رِيحِهَا فَهِيَ زَانِيَة « .

“The Messenger of Allah (saw) said “Any woman who puts on perfume then passes by people so that they can smell her fragrance then she is an adulteress”, in other words, is like a fornicator, reported by Al-Nasa’i and Al-Hakim who authenticated it. This narration is also prohibiting an action of Tabarruj, and it is clear from his words.

. » اسْ تَ عْطَرَتْ فَمَرَّتْ عَلَى قَ وْمٍ لِيَجِدُوا مِنْ رِيحِهَا « .

“who puts on perfume then passes by people so that they can smell her fragrance” that it is a prohibition of revealing the beautification, in other words, the putting on of perfume so that men could smell her. It is narrated by Abu Hurayrah that the Messenger of Allah (saw) said,

. صِنْ فَانِ مِنْ أَهْلِ النَّارِ لَمْ أَرَهُمَا: قَ وْمٌ مَعَهُمْ سِيَاطٌ كَأَذْنَابِ الْبَ قَرِ يَضْرِبُونَ بِهَا « ال نَّاسَ، وَنِسَاءٌ كَاسِيَاتٌ عَارِيَاتٌ مُمِيلاَتٌ مَائِلاتٌ رُءُوسُهُنَّ كَأَسْنِمَةِ الْبُخْتِ الْمَائِلَةِ، لاَ » يَدْخُلْنَ الْجَنَّةَ وَلا يَجِدْنَ رِيحَهَا، وَإِنَّ رِيحَهَا لَ يُوجَدُ مِنْ مَسِيرَةِ كَذَا وَكَذَا.

“The Messenger of Allah (saw) said “Two are the types of the the people of Hell whom I did not see: people having flogs like the tails of the ox with them and they would be beating people, and the women who would be dressed but appear to be naked, who would be inclined (to evil) and make their husbands incline towards it. Their heads would be like the humps of the bukht camel inclined to one side. They will not enter Paradise and they would not smell its odour whereas its odour would be smelt from such and such distance.” (reported by Muslim); so this is also from the actions of Tabarruj. It is clear from his words “dressed but appear to be naked” that it means the revealing of adornments. His words “inclined (to evil) and make men incline towards it” is talking about movements that attract men’s attention. And the words “Their heads would be like the humps of the bukht camel inclined to one side” is talking about revealing the beautification done to their hair, in other words, treating and heaping it around a turban or headscarf or anything similar until it became like the hump of a camel. And the “Bukht” is the Afghani camel, in other words, they arranged their hair to look like the hump of an Afghani camel. This is clearly prohibiting the revealing of beautification to men. And similar to this are all the texts which are related to the prohibition of any action of Tabarruj, all of which make it clear that the prohibition is regarding revealing the beautification in order to provoke men’s inclination towards the woman. And this is supported by the linguistic meaning of Tabarruj which is to reveal the beautification, which is different from beautification itself. Therefore, what is forbidden is the Tabarruj with its linguistic indication, and by the indications of the narrations which prohibit any of its actions, whereas beautification without tabaruuj is not forbidden.

Thirdly, the prohibition of uncovering the ‘Awrah in front of foreign men (men they are able to marry). It is mandatory upon the woman to conceal all of her body apart from her face and hands, according to the evidence.

“And tell the believing women not to expose their adornment except that which [necessarily] appears thereof.” (TMQ 24:31); Ibn ‘Abbas said this means the face and hands as reported by Al-Bayhaqi in Al-Sunan Al-Kubra, Ibn ‘Abd Al-Barr in Al- Tamhid and Ibn Kathir in Al-Tafsir. And the Messenger (saw) said.

. إِنَّ الْجَارِيَةَ إِذَا حَاضَتْ لَمْ يَصْلُحْ أَنْ ي رَُى مِنْ هَا إِلاَّ وَجْهُهَا وَيَدَاهَا إِلَى « » المِفْصَلِ .

“If a girl reaches puberty (indicated by starting menstrual cycle), it is not right that any part of her be seen other than her face and the two hands up to the wrists” (Mursal narration reported by Abu Dawud), at which point he grasped his arm, and there was the distance of a grasp between his hand and where he grasped his arm. Therefore, the whole of the woman’s body apart from her face and hands are Awrah, and so it is obligatory for her to conceal it.

The Legislator (swt) made it a condition of the clothing that it covers the skin, in other words, obligated covering the skin by what covers its colour, or in other words, the skin and its colour whether white, red, dark, black or anything else. In other words, the cover should cover the skin and its colour such that the colours of the skin underneath are not known, otherwise it would not be considered as a cover for the ‘Awrah and rather the ‘Awrah would be considered visible and not covered, since the Shari’ah cover is that which conceals the colour. The evidence that the Legislator (swt) obligated covering of the body by covering the skin such that its colour is not known is from his words.

. » لَمْ يَصْلُحْ أَنْ ي رَُى مِنْ هَا « .

“it is not correct that any part of her be seen”. This narration is a clear proof that the Legislator (swt) made it a condition of covering the ‘Awrah that nothing should be seen from it, or in other words, the skin should be covered by something that does not reveal what is behind it, and so it is obligatory for the woman to cover her ‘Awrah by a dress which is not delicate, in other words, does not convey what lies behind it and does not disclose what is under it.

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Chapters (210)
  1. 1Constitution
  2. 22 General Rules
  3. 3Article 1
  4. 4Article 2
  5. 5Article 3
  6. 6Article 4
  7. 7Article 5-6
  8. 8Article 7
  9. 9Article 8
  10. 10Article 9
  11. 11Article 10
  12. 12Article 11
  13. 13Article 12
  14. 14Article 13
  15. 15Article 14
  16. 16Article 15
  17. 183 The System of Ruling
  18. 19Article 16
  19. 20Article 17
  20. 21Article 18
  21. 22Article 19
  22. 23Article 20
  23. 24Article 21
  24. 25Article 22
  25. 26Article 23
  26. 274 The Khalifah
  27. 28Article 24
  28. 29Article 25
  29. 30Article 26
  30. 31Article 27
  31. 32Article 28
  32. 33Article 29
  33. 34Article 30
  34. 35Article 31
  35. 36Article 32
  36. 37Article 33
  37. 38Article 34
  38. 39Article 35
  39. 40Article 36
  40. 41Article 37
  41. 42Article 38
  42. 43Article 39
  43. 44Article 40
  44. 45Article 41
  45. 465 The Delegated Assistants Tafwid
  46. 47Article 42
  47. 48Article 43
  48. 49Article 44
  49. 50Article 45
  50. 51Article 46
  51. 52Article 47
  52. 53Article 48
  53. 546 The Executive Assistant Tanfidh
  54. 55Article 49
  55. 56Article 50
  56. 57Article 51
  57. 587 The Governors
  58. 59Article 52
  59. 60Article 53
  60. 61Article 54
  61. 62Article 55
  62. 63Article 56
  63. 64Article 57
  64. 65Article 58
  65. 66Article 59
  66. 67Article 60
  67. 688 The Amir of Jihad The Military Department The Army
  68. 69Article 61
  69. 70Article 62
  70. 71Article 63
  71. 72Article 64
  72. 73Article 65
  73. 74Article 66
  74. 75Article 67
  75. 76Article 68
  76. 77Article 69
  77. 789 The Internal Security
  78. 79Article 70
  79. 80Article 71
  80. 81Article 72
  81. 8210 The Foreign Affairs Department
  82. 83Article 73
  83. 8411 The Department of Industry
  84. 85Article 74
  85. 8612 The Judiciary
  86. 87Article 75
  87. 88Article 76
  88. 89Article 77
  89. 90Article 78
  90. 91Article 79
  91. 92Article 80
  92. 93Article 81
  93. 94Article 82
  94. 95Article 83
  95. 96Article 84
  96. 97Article 85
  97. 98Article 86
  98. 99Article 87
  99. 100Article 88
  100. 101Article 89
  101. 102Article 90
  102. 103Article 91
  103. 104Article 92
  104. 105Article 93
  105. 106Article 94
  106. 107Article 95
  107. 10813 The Administrative System
  108. 109Article 96
  109. 110Article 97
  110. 111Article 98
  111. 112Article 99
  112. 113Article 100
  113. 114Article 101
  114. 11514 The Treasury Bayt al Mal
  115. 116Article 102
  116. 11715 The Media
  117. 118Article 103
  118. 119Article 104
  119. 12016 The Ummah Council The Consultation Shura and Accounting Muhasabah
  120. 121Article 105
  121. 122Article 106
  122. 123Article 107
  123. 124Article 108
  124. 125Article 109
  125. 126Article 110
  126. 127Article 111
  127. 12817 The Social System
  128. 129Article 112
  129. 130Article 113
  130. 131Article 114
  131. 132Article 115
  132. 133Article 116
  133. 134Article 117
  134. 135Article 118
  135. 136Article 119
  136. 137Article 120
  137. 138Article 121
  138. 139Article 122
  139. 14018 The Economic System
  140. 141Article 123
  141. 142Article 124
  142. 143Article 125
  143. 144Article 126
  144. 145Article 127
  145. 146Article 128
  146. 147Article 129
  147. 148Article 130
  148. 149Article 131
  149. 150Article 132
  150. 151Article 133
  151. 152Article 134
  152. 153Article 135
  153. 154Article 136
  154. 155Article 137
  155. 156Article 138
  156. 157Article 139
  157. 158Article 140
  158. 159Article 141
  159. 160Article 142
  160. 161Article 143
  161. 162Article 144
  162. 163Article 145
  163. 164Article 146
  164. 165Article 147
  165. 166Article 148
  166. 167Article 149
  167. 168Article 150
  168. 169Article 151
  169. 170Article 152
  170. 171Article 153
  171. 172Article 154
  172. 173Article 155
  173. 174Article 156
  174. 175Article 157
  175. 176Article 158
  176. 177Article 159
  177. 178Article 160
  178. 179Article 161
  179. 180Article 162
  180. 181Article 163
  181. 182Article 164
  182. 183Article 165
  183. 184Article 166
  184. 185Article 167
  185. 186Article 168
  186. 187Article 169
  187. 18819 The Education Policy
  188. 189Article 170
  189. 190Article 171
  190. 191Article 172
  191. 192Article 173
  192. 193Article 174
  193. 194Article 175
  194. 195Article 176
  195. 196Article 177
  196. 197Article 178
  197. 198Article 179
  198. 199Article 180
  199. 20020 Foreign Policy
  200. 201Article 181
  201. 202Article 182
  202. 203Article 183
  203. 204Article 184
  204. 205Article 185
  205. 206Article 186
  206. 207Article 187
  207. 208Article 188
  208. 209Article 189
  209. 210Article 190
  210. 211Article 191