Sunday, August 04, 2013

Q&A: Removing Hijab in the Presence of the Paternal Uncle of the Father, and Maternal Uncle of the Mother

As-Salaamu Alaikum Wa Rahmatullah Wa Barakaatuhu
Is it permissible for a woman to remove her Hijab in the presence of the paternal uncle of the father and the maternal uncle of the mother?
Barakallahu Feek, My Noble Brother
From Nur Al-Khilafah
Answer:
Wa Alaikumu Assallam Wa Rahmatullahi wa Barakaatuhu,
Allah سبحانه وتعالى says:
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُمْ مِنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُمْ مِنْ نِسَائِكُمُ اللَّاتِي دَخَلْتُمْ بِهِنَّ فَإِنْ لَمْ تَكُونُوا دَخَلْتُمْ بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَنْ تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ ۗ إِنَّ اللَّهَ كَانَ غَفُورًا رَحِيمًا
"Haram for you are: your mothers and your daughters and your sisters, your maternal aunts and your paternal aunts, your brothers' daughters and your sisters' daughters, your foster mothers who have suckled you, your foster sisters by suckling, your wives' mothers, your stepdaughters who are under your protection: the daughters of your wives whom you have had sexual relations with (though if you have not had sexual relations with them there is nothing blameworthy for you in it then), the wives of your sons whom you have fathered, and marrying two sisters at the same time – except for what may have already taken place. Allah is Ever-Forgiving, Most Merciful."
(An-Nisaa, 4:23)
So the daughters of his brother are forbidden to him (in marriage) and the daughters of the sons of his brother to the entire chain other than that so it includes the daughters of the daughters of his brother and the daughters of the daughters of the sons of his brother and the daughters of the daughters of the daughters of the sons of his brother and so forth. Therefore the paternal uncle of the father of the woman is from the woman's Mahaarim (Those prohibited in marriage) because she is the daughter of the son of his brother.
In the same way the man is forbidden from the daughters of his sister and the daughters of the sons of his sister and the entire chain other than that i.e. the daughters of the daughters of the sister of the man and the daughters of the daughters of the sons of his sister and so on. Therefore the maternal uncle of the mother of the woman is from amongst the Mahaarim of the woman because she is the daughter of the daughter of his sister.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
27 Shaban 1434 AH
06 July 2013 CE

No comments: