Wednesday, April 6, 2011

A Woman’s Mahram.


Who are the Mahrams

Who are the Mahrams in front of whom a woman can uncover?

Sheikh Muhammed Salih Al-Munajjid

What people can a muslimah take her hijāb off from?

In the Name of Allāh, the Most Gracious, the Most Merciful;
All the Praise is due to Allāh, May Allāh blessings and peace be upon His Messenger.

It is permissible for a woman to take off her hijāb in front of her mahrams.
A woman’s mahram is a person whom she is never permitted to marry: 
  • because of their close blood relationship (such as her father, grandfather, great-grandfather, etc., and her son, grandson, great-grandson, etc., her paternal and maternal uncles, her brother, brother’s son and sister’s son),
  • or because of radā’ah or breastfeeding (such as the brother and husband of the woman who breastfed her), 
  • or because they are related by marriage (such as the mother’s husband, the husband’s father, grandfather, etc., and the husband’s son, grandson, etc.). 
More details on this subject are given below:

Mahrams by ties of blood

These are the ones mentioned in Sūrah al-Nūr, where Allāh says (interpretation of the meaning):

“… and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons…”

 [Al-Nūr, 24:31].

The mufassireen said: the woman’s male mahrams by ties of blood, as stated clearly in this āyah or inferred by it are as follows:

1- The woman’s forefathers, no matter how far back the line of ascent goes through her father and her mother, such as her father’s forefathers and her mother’s forefathers. As for her husband’s forefathers, they are her mahrams by marriage, as we shall see below.

2- her sons, which includes her children’s children, no matter how the line of descent goes and whether they are descended from males or females, such as her sons’ sons and her daughters’ sons. As for her “husband’s sons” mentioned in the āyah, these are the husband’s sons from other wives, and these are her mahrams by marriage, not by blood, as we shall see below.

3- Her brothers, whether they are her brothers through both the mother and father or through the father only or the mother only.

4- The children of her siblings, whether they are descended through the males or females, such as the sons of her sister’s daughters.

5- Paternal uncles and maternal uncles. They are mahrams by blood even though they are not mentioned in the āyah, because they are like parents and are regarded by people as having the same status as parents, and a paternal uncle may be called a father. 

Allāh says (interpretation of the meaning):

“Or were you witnesses when death approached Ya‘qūb (Jacob)? When he said unto his sons, “What will you worship after me?” They said, “We shall worship your Ilāh (God — Allāh) the Ilāh (God) of your fathers, Ibrāhīm (Abraham), Ismā’īl (Ishmael), Ishāq (Isaac)…”

[Al-Baqarah, 2:133]. 

Ismā’īl was the paternal uncle of the sons of Ya’qūb.

[Tafsīr al-Rāzi, 23/206; Tafsīr al-Qurtubi, 12/232, 233; Tafsīr al-Ālūsi, 18/143; Fath al-Bayān fi Maqāsid al-Qur’ān by Siddīq Hasan Khān, 6/352]

Mahrams by radā’ah (breastfeeding)

A woman may have mahrams through radā’ah. It says in Tafsīr al-Ālūsi:

“The relationship of mahram which permits a woman to show her adornments may be through radā’ah as well as through blood ties, so it is permissible for a woman to show her adornments to those who are her father’s or sons through radā’ah.” 

[Tafsīr al-Ālūsi. 18/143] 

The relationship of mahram by radā’ah is like the relationship of mahram by blood – it means that marriage is forever forbidden by virtue of that relationship of mahram. This was the view stated by Imām al-Jassaas when he commented on this ayah. He said (rahimallāh): 

“When Allāh mentioned the fathers and that their marriage to these women is forbidden forever, this indicates that the same prohibition applies in other relationships of mahram, such as the mother of the woman and those who are mahrams by radā’ah, etc.” 

[Ahkām al-Qur’ān by al-Jassās, 3/317]

The same things are made harām by radā’ah as by ties of blood.

It also says in the Sunnah: “The same things are made harām by radā’ah as by ties of blood.” This means that the people who are mahram to a woman because of blood ties are also mahram because of radā’ah.

It was reported that ‘A’ishah Umm al-Mu’minīn (radiyallāhu'anha) said that Aflah the brother of Abu Qu’ais came and asked permission to see her. He was her uncle through radā’ah. 

[Sahīh Muslim] 

This was after hijāb had been revealed, so she refused to give him permission. 

When the Messenger of Allāh (Sallallāhu 'alayhi wa sallam) came, she told him about what she had done and he told her to give him permission. 

[Sahīh al-Bukhāri bi Sharh al-‘Asqallāni, 9/150]. 

Muslim also narrated with the wording: From ‘Urwah from A’ishah (radiyallāhu'anha), who told him that her uncle by radā’ah, who was called Aflah, asked permission to see her and she did not let him. She told the Messenger (Sallallāhu 'alaihi wa sallam) and he said to her, 

“Do not observe hijāb in front of him, because the same relationships of mahram are created by radā’ah as by blood ties.”

[Sahīh Muslim bi Sharh al-Nawawi, 10/22]

A woman’s mahrams through radā’ah are the same as her mahrams through blood ties.

In accordance with the Qur’ān and Sunnah, the fuqahā’ have stated that a woman’s mahrams through radā’ah are the same as her mahrams through blood ties. It is permissible for her to display her adornments before her mahrams by radā’ah just as it is permissible for her to display her adornments before her mahrams by blood ties. It is permissible for her mahrams by radā’ah to see whatever of her body it is permissible for her mahrams by blood ties to see.

Mahrams by marriage

A woman’s mahrams by marriage are those whom it is forever forbidden to marry, such as the father’s wife, the son’s wife or the wife’s mother. 

[Sharh al-Muntahā, 3/7].

The mahram by marriage of the father’s wife is his son from another wife, for the wife of the son it is his father, and for the mother of the wife it is the husband. Allāh says in Sūrah al-Nūr (interpretation of the meaning):

“… and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons…”
 
[Al-Nūr, 24:31] 

Their husband’s fathers and their husband’s sons are mahrams of the woman by marriage. Allāh mentioned them along with their (the women’s own) fathers and sons, and made them all the same in the sense that women may display their adornments in front of them. 

[Al-Mughni, 6/555]

And Allah knows best.

[Via Islam Q&A (Fatwa No: 5538)]

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