Fatwa: # 16079
Category: Jurisprudence and Rulings...
Country: Maldives
Date: 22nd January 2008

Title

If government of a 100% muslim country dose not allow face veil in government offices and in islamic collages what should be done?

Question

If government of a 100% muslim country dose not allow face veil in government offices and in islamic collages what should be done?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Your question could be interpreted in two ways. Either you are inquiring on what the citizens could do in their personal capacity to correct the situation, since they are being denied their basic right of practicing Islam in a 100% Muslim country, or the question is regarding the ruling of woman attending these offices and universities.

With regard to the first question, the Quraan is ample with the various dialogues Musa (A.S) had with the leader of his time, Firoun. Likewise, Allah mentions the discussion of Ebrahim (A.S) with Namroud. Hence, in emulation of these prophets, there should be discussions held with official members of the Government. Consider discussing this matter with the relevant people of society, like the Ulama, the prominent businessmen and the professionals who have inclinations towards Deen. The influence of such people in society will have an impact on the government. A sound mechanism could be put in place to engage the government on these issues. It should be borne in mind that these discussions should be conducted in an amicable manner and with diplomacy. Allah says

ادْعُ إِلَى سَبِيلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُمْ بِالَّتِي هِيَ أَحْسَنُ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِمَنْ ضَلَّ عَنْ سَبِيلِهِ وَهُوَ أَعْلَمُ بِالْمُهْتَدِينَ

((Call to the way of your lord with wisdom, good admonition and debate them in a way that’s the best, verily Allah knows those who are astray from his path and he knows those who are guided))

The general population and masses should also be taught the importance of hijaab. The Ulama should endeavor to educate every household on this issue. Lectures should be given and books should be published emphasizing the importance of hijaab etc.   Once the masses are aware of the importance of the veil etc, nothing would make it more easier for them to adhere to Shariah. There is no weapon greater than knowledge.        

It is also important that you should continuously make dua and istighfaar, since it is only Allah who can change the conditions.Nabi (sallallahu alayhi wasallam) has said:

"لا يرد القضاء إلا الدعاء،(رواه الترمذي والبزار والطبراني)"

If your question pertains to the ruling of females attending such offices, it is important to point out that a woman is only permitted to leave her home for work in dire circumstances; otherwise the general command for her is to stay at home in order to mother her children and protect her chastity. (Ahsanul fatawa 8/28)

Allah exhorts women to remain in the confines of their home in the following verse

وَقَرْنَ فِي بُيُوتِكُنَّ وَلَا تَبَرَّجْنَ تَبَرُّجَ الْجَاهِلِيَّةِ الْأُولَى

((And remain in your homes, and do not display yourselves like that of the former times…))(Al Ahzaab-33)

If there is a need for a woman to earn an income, she should engage home industry through baking, sewing, cooking etc. Many women engage in these types of businesses and it has proven to be successful. Similarly, if she desires to study, she may do so in the confines of her home through correspondence etc.

If the above is not possible, and a woman is in dire straits with no male relative to maintain her, she may go out to work unveiled in an environment where there are only females. (Aap ke masaail aur unke hal 8/ 60, Fataawaa Mahmoodia 19/184)
 

If that is also not possible, and a woman has to earn an income to maintain herself or her dependents, then as a last resort, she may work in these Government offices. She should avoid unnecessarily intermingling with males and lower her gaze to the best of her ability. She should also constantly look for an alternative where there is no intermingling of sexes.  

ولها السفر والخروج من بيت زوجها للحاجة(در المختار 3-145 سعيد)

 

البحر الرائق شرح كنز الدقائق - (ج 4 / ص 153)

( قوله ومعتدة الموت تخرج يوما وبعض الليل ) لتكتسب لأجل قيام المعيشة ؛ لأنه لا نفقة لها حتى لو كان عندها كفايتها صارت كالمطلقة فلا يحل لها أن تخرج لزيارة ولا لغيرها ليلا ولا نهارا .

والحاصل أن مدار الحل كون خروجها بسبب قيام شغل المعيشة فيتقدر بقدره فمتى انقضت حاجتها لا يحل لها بعد ذلك صرف الزمان خارج بيتها كذا في فتح القدير 

And Allah knows best

Wassalam

Ml. Ismail Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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