Question

Assalamualykum

Is it haram for the women to go to masjid? Or it is better for them to pray at home? Does it have anything to do with their respective ages as well?

I am quite sure I had a reference of Hanafi fiqh books saying that women are allowed in masjid I don't remember the conditions though the reference was given to me by my Arab teacher who is a Shafii Mufti however he has studied the Hanafi fiqh so when we were talking this point came up naturally I know what AlaHazrat Alaih Rehmah has taught us and then the rest happened and he checked the books and gave me references if I get them soon I will provide. Can you please clarify the above in light of what I mentioned?

Please guide Mawlana Sahab

Answer

Waalaykumussalam.

In the Hanafi madhhab it is prohibitively disliked [Makruh e Tahrimi] for women to attend the Masjid to pray Salah in congregation. It is better and preferred for them to pray Salah at home, as stated in the Hadith,

“The best places of prayer for women are the innermost parts of their houses.” [Musnad of Ahmad 6:297]

It was narrated that Sayyidah A’ishah said:

“If the Messenger of Allah had lived to see how women have started to behave, he would have prevented them [from going to the Masjid] as the women of the Children of Israel were prevented.” [Bukhari and Muslim]

It is stated in the general books of mutoon:

“And it is disliked for women to attend the congregation.” [Qudoori, Kanz al-Daqaiq etc.]

It is stated in Tanwir al-Absar:

“It is unconditionally [mutlaqan] disliked for them (women) to attend the congregation, according to the preferred stance of the maddhab [mufta bihi].”

It is stated in commentary of this in al-Durr al-Mukhtar:

“It is unconditionally disliked for them to attend the congregation, even if it is Jumu’ah, Eid or a lecture, even if it is an old woman at night. This is the preferred stance [mufta bihi] due to the evils of the time.”

The karahat is Tahrimi, as stated in Gunyah al-Mustamli. [Page 595]

Although the books of mutoon have explicitly stated that old women can attend the Masjid for congregation of Fajr, Maghrib and Isha according to al-Imam al-A’zam, and according to the Sahibayn, they can attend all prayers, however, the latter scholars [muta’akhireen] clarified that due to the pervasiveness of fitna in our times, all women – regardless of age and regardless of the time of the prayer – are categorically prohibited from attending the congregation in the Masjid, as stated in al-Bahr al-Raiq, al-Nahr al-Faiq, al-Inayah, al-Gunyah al-Mustamli, Radd al-Muhtar and other reliable books of Hanafi Fiqh.

Allamah Muhaqqiq ibn al-Humam states:

“The latter scholars have universally prohibited all women, young or old from attending any Salah, as there is [now] prevalence of corruption at all times.” [Fath al-Qadeer 1:317]

It is stated in al-Inayah:

“Our scholars used this (the Hadith of A’isha cited above) as proof and completely prohibited young women from going [to the Masjid]. As for old women, Imam Abu Hanifa prohibited them from attending Zuhr and Asr, and permitted them to attend Fajr, Maghrib and Isha. [However] nowadays, the Fatwa is that it is [also] disliked for them (old women) to attend any Salah, due to the appearance of fitna.” [Al-Inayah 1:317]

It is stated by Allamah Ayni:

“The author of Hidayah said, it is disliked for women to attend the congregation. The commentators have stated, the meaning is (it is disliked) for young women. ‘Congregation’ includes all [prayers]: Jumu’ah, two Eids, eclipse prayers, Istisqa prayers… Our scholars have stated that the reason for prohibition is that in their going [to the Masjid], there is a fear of fitna and the cause of Haram, and that which leads to Haram, is also Haram. His (author of Hidayah’s) statement of ‘Makruh’ means Haram, especially in this day and age, because of the commonness of corruption in people.” [Umdat al-Qari fi Sharh al-Bukhari 6:156]

Therefore, the latter scholars prohibited all women from attending any Salah in the Masjid, due to the upsurge of fitna in our times, and this position of theirs is the preferred stance in the Hanafi Madhhab as expounded above and Allah knows best.

Muhammad Kalim
27th Ramadan Sharif

The answer is correct. This rule safeguards the privacy of women and has also relieved them from a huge burden. It is an absolute law that one must be physically in the state of Ghusl when entering the Masjid and if women were ordered to attend the congregational prayers then during the days they are on their menstrual cycle, their absence would expose their privacy. To leave one's daily work and attend the congregation can be a burden that is unbearable for women especially those who have children and therefore this law is a concession for women rather than a restriction. 

It is incorrect to assume that this law claims that women are the cause of fitnah as fitnah can be caused by the men as well as the women. It is correct that in the time of the Messenger ﷺ, women were not only permitted but encouraged at one point to attend the congregation especially for the Friday, however, the second caliph, Ameer Al-Mu'mineen Sayyiduna Umar, Allah is pleased with him, prohibited this based on the principles and laws that the Prophet Muhammad ﷺ had left behind as guidelines which was confirmed by Sayyidah A’ishah the leader of women in knowledge and wisdom, Allah is pleased with her. It is also correct that many women are pious and their piety surpasses the piety of many men and that many women are such that men are not attracted towards them but the principle of Shari'ah states, 

“The rules of Shariah are based on the overwhelming” 

And the overwhelming general state of human life is that men and women are naturally attracted towards each other. Therefore the law is that it is impermissible for women to attend the daily congregation for Salah. Some people object that if women are allowed to attend the market places to buy necessities of livelihood then why not to the Masjid for the Salah congregation. The answer to that is that it is clear how many fitan occur in the market places and shopping centres and we do not wish to bring them fitan in to the Masjid as the Masjid is a place of physical and spiritual purity where one must be completely focussing on Allah and his consciousness should be devoted to Allah and the sight of women for men and the sight of men for women would potentially cause a huge distraction and Allah knows best.

Zahid Hussain Al-Qadiri
(Beggar at the doorstep of Scholars)
8th Shawwal 1436 AH

Question

I am so stressed as I have read that concubines or slave women are halal in Islam and that our Prophet (peace and blessings be upon him) had them please answer me and give me an answer of what Prophet (peace and blessings be upon him) said of slave women could they marry them?

Answer with the help of the Master of all the worlds

Slavery was an international custom when the Messenger of Allah (peace and blessing be upon him) came to this world and unfortunately, slaves were sometimes treated worse than animals by the people of ignorance. People tend to forget that Islam did not introduce slavery to this world, but rather set the path to eradicate slavery from this world. The Messenger of Allah (peace and blessing be upon him) was sent by Allah as a mercy to all the worlds and so he encouraged the freeing of slaves all throughout his blessed life. In fact, many of the Kaffaaraat (compensations) of sins require the freeing of a slave, if in possession. He (peace and blessing be upon him) promised great and magnificent rewards for freeing slaves. He (peace and blessing be upon him) himself had Sayyiduna Zayd as a slave, who was gifted by Sayyidah Khadeejah (Allah is pleased with her), but later freed him and then kept him as his own son. Sayyiduna Abu Bakr (Allah is pleased with him) spent a lot of his wealth on buying and then immediately freeing slaves.

The Messenger of Allah (peace and blessing be upon him) also gave rights to slaves (including slave women) and made them from amongst the Shariah Law; these were laws that were never seen before. Slaves were treated as family members by the Muslims, which shocked the non Muslims of that time. These laws include the good treatment of slaves and the obligation to provide food, drink and clothing and the prohibition of harming them or overbearing them with that which they cannot bear. If an owner of a slave could not fulfil these rights, then the Shariah orders him/her to free the slave or sell the slave to someone who can provide these rights.

When Islam was forced to war by the unjust and tyrants, coincidently captives were brought back to the Muslim lands which, at times, also included women. It was foolish and also a risk to free them as they, most likely, would return and force the Muslims to war again, which would result in more bloodshed. Rather than killing or imprisoning them, Islam allowed them to be distributed to appropriate people as slaves. These people would obviously take work from them, but were ordered to look after them, treat them well and fulfil their rights; and when it appeared that they are not a threat to Islam anymore, they were encouraged to free them.

As it was already an international custom, Islam also allowed copulation with one’s own slave woman without the nikah and regarded the milkiyyah (ownership) as a substitute for nikah. When a master enjoyed copulation with his slave woman, it was regarded highly honourable for her and it created love and affection between them. It was as though she had received the status of a wife in the household. This was only because of the rights given by Islam; otherwise the non Muslims used them as prostitutes and passed the women to each other, whereas Islam forbade anyone to sleep with a slave woman of another without nikah. Once a person had copulation with his slave woman, Islam encouraged him to free her and then do nikah with her.

The children born through such copulation with the master are free and also confirm the freedom of their mother on the death of her master.

All slaves had the right to marry with the permission of their masters. If a slave woman was married already before she became a slave woman and her marriage was still valid, then the master was not permitted to enjoy copulation with her. There are many other rules regarding the safeguarding of slaves and their freedom, which I do not have time to present here, but as time showed, Islam gradually became the cause of all slaves being freed in Muslim lands.

Although it was not possible to marry one’s own slave woman unless she was freed, the latter Hanafi Jurists have regarded it best to perform nikah with the slave woman, if the master wished to enjoy intercourse with her. It says in Fataawa Aalamgiri:

“The Scholars said: In this era it is best that he gets married to her so that if she is (turns out to be) a free woman then copulation with her for him is halal through nikah, the same is mentioned in Siraajiyyah.”

Al-Durr Al-Mukhtaar, Radd Al-Muhtaar and Al-Bahr Al-Raa’iq have also mentioned this. The reason for this is that after the time of the Prophet (peace and blessing be upon him), sin and crime began to spread. And as time went on, sin and crime became common and therefore, it is possible that this is a free woman that someone has captured and sold on, which would mean it is forbidden to have intercourse with her outside of a marital agreement.

Also, if a man is already married to a free woman, it is not permissible for him to marry a slave woman. The Messenger of Allah (peace and blessing be upon him) said:

“Do not marry a slave woman if you are already married to a free woman.”

However, if a person is married to a slave woman and then marries a free woman, then it is permissible. In such a situation, the man is obliged to spend a night with the slave wife, for every two nights he spends with the free wife.

The Messenger of Allah (peace and blessing be upon him) was gifted Sayyidah Maariyah (Allah is pleased with her) by the king of Egypt. She accepted Islam and the Messenger of Allah (peace and blessing be upon him) treated her just like he treated his other wives. He (peace and blessing be upon him) ordered her to cover herself like free women and also built a separate house for her. In a narration, Sayyidah Aaishah said:

“No woman allured me like Maariyah did.”

Eight years after Hijrah, The Prophet’s son, Sayyiduna Ibrahim (Allah is pleased with him) was born from Sayyidah Maariyah. Sayyiduna Abu Bakr Siddiq sent her provision throughout his life, after the demise of the Prophet (peace and blessing be upon him), and then Sayyiduna Umar continued this.

Sayyidah Rayhaanah Bint Shamgoon was brought as a captive from the Jewish tribe Banu Qurayzah. She decided not to accept Islam, until a while passed. When she did, the Messenger of Allah became very pleased and asked her if she wished to be freed and then be married. She requested to remain a slave woman of the Prophet (peace and blessing be upon him). He (peace and blessing be upon him) treated her exactly like a wife. He spent the same number of nights with her as he did with his wives and loved her dearly.

As Islam is a religion of purity and upholds the importance of preserving genealogy, slave women are given similar rights to wives. For example, none is allowed to sleep with her, not even her master if she already has a husband. If she doesn’t have a husband and her master sleeps with her, then she is haram upon all other men, she also has iddah, which is called istibraa in her case. Therefore, if she is pregnant and becomes in the ownership of another, then he is not allowed to sleep with her until she delivers and she cannot get married to someone until she delivers; the master has to provide a home, food and clothing for her in the same way he has to for a wife; if the master sleeps with her, then Hurmah Musaaharah occurs, which means her mother, daughter, aunts, nieces etc become haram upon him forever.

It is important to know and understand that these matters are bound with a Muslim government and no free person becomes a slave, unless he/she is a captive of war and the leader of the believers orders for them to be distributed as slaves (which is highly and very unlikely to happen anymore).

And Allah knows best.

Zahid Hussain Al-Qadiri

(Beggar at the doorstep of Scholars)

21st Sha’baan 1436 AH