If One Fears Some Kind of Punishment then She Should Remove her Niqaab

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Questions asked to Shaykh Saaleh ibn Ghanam as-Sadlaan [May Allaah preserve him] in his house after Salaat al-Jumu’ah

14/11/1434 - 22/9/2013

Question: Recently in Britain we have begun to witness a great deal of problems with the Niqaab. So is it permissible for the woman to remove her Niqaab or face veil if the Muslims fear harm, violence or extremely difficult consequences?

Answer: If one fears that there will be violence or her clothes will be pulled at or she will be hit, then in this case she shouldn’t wear the Niqaab. If one fears some kind of punishment then she should remove her Niqaab. If a woman needs to have her identity verified, for example, then she should remove her Niqaab and afterwards resume wearing it.

Questioner: But removing it is not the general rule, is it, Oh Shaykh?

Shaykh Saaleh: No, never. If she hears that people are being attacked or their clothes being pulled off or any form of physical harm, then she should remove her Niqaab (if there is no harm then she should continue wearing it).

Questioner: Meaning, we are looking at the Maslaha ar-Raajihah?

Shaykh Saaleh: Yes, that’s it!

Maslaha ar-Raajihah: To Seek the Greater Good or Repelling the Greater Harm

It was narrated that Anas ibn Maalik said: Whilst we were in the mosque with the Messenger of Allaah (peace and blessings of Allaah be upon him), a Bedouin came and started to urinate in the mosque. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Stop, stop!” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Do not interrupt him; leave him.” So they left him alone until he had finished urinating, then the Messenger of Allaah (peace and blessings of Allaah be upon him) called him and said to him: “These mosques are not the place for urinating or for anything filthy, rather they are for the remembrance of Allaah, prayer and reading Qur’aan.” Then he told a man to bring a bucket of water and he threw it over (the urine). 

[Narrated by al-Bukhaaree (217); Muslim (285)]

Imaam an-Nawawee [May Allaah have Mercy on him] said about this:

Here the greater harm was prevented by the Prophet [Peace and Blessings of Allaah be Upon him] choosing which is lesser in harm. So this narration brings two points of benefit in regards to giving precedence to what is beneficial and preventing what is harmful:

Firstly, if the man who urinated in the Masjid (which is a great crime) was prevented from finishing his urination before he could naturally stop then he would have spread even more urine and impurity in the Masjid. So the prevention of greater harm took precedence over the current lesser harm that was present.

Secondly, the impurity of the urine was only present in part of the Masjid, had he been stopped whilst he was urinating then the impurity would have spread in a greater area in the Masjid and it would have spread on his body and clothes. End quote.

[Sharh Saheeh Muslim (3/190)]

Shaykh al-Islaam Ibn Taymiyyah [May Allaah have Mercy on him] said:

If there are two Haraam things and it is not possible to leave one or the other, then we should leave the one that causes greater harm or do that which will cause less harm. By choosing which is lesser of the two evils in this situation doesn’t result in one sinning…even if in origin this act is a sin…this is because the person is seeking to do the greater good in a situation where it is necessary for him to do so. End quote.

[Majmoo al-Fatwaa (20/57)]

Al-‘Izz bin ‘Abdus-Salaam al-Hanafee [May Allaah have Mercy on him] said:

To give precedence to the greater good over the lesser harm that may be caused, is something praiseworthy and good. And repelling the greater harm over the lesser good is, something praiseworthy and good.

[Qawaa’id al-Ahkaam (1/4]

The Maslaha ar-Raajihah is Deciphered by the Scholars Alone and not the General Folk

Imaam ash-Shaatibee [May Allaah have Mercy on him] said in al-Muwaafaqaat (1/349):

Goodness has been established for the sake of creating ease for mankind. We don’t know the depth of this goodness (or what is bad) except what the Creator has informed us of. It may be that the goodness (or badness) in a particular ruling is hidden and that humans only understand what is apparent to them. Someone may think that there is goodness (or badness) in doing something but this is only good for himself or it may be that thing they view to be good is temporary. End quote.

Shaykh al-Islaam Ibn Taymiyyah [May Allaah have Mercy on him] said Fatawaa 11/344-345:

The intellect does not decide what is good or bad. If the Sharee’ah has explained that there is good in something or badness in it, then the Sharee’ah teaches what we don’t know or can’t comprehend. It could even correct us as we may think there is good or bad in something but we don’t know the true reality. In fact, this is something that many people have fallen into, they think something brings good for their Dunya and Aakhirah but in fact it doesn’t, like, Allaah the Most High, says:

“They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: “In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit.’” [al-Baqarah 2:219]

In fact, many have innovated based on this false belief, such as philosophers, the Soofees, the people of opinion and others, thinking that there is good and benefit in something but there isn’t in reality.

Rather, many people who have left al-Islaam or rejected it like the Jews, the Christians, the Mushriks, the Sabians and Fire-worshippers, all of them rejecting al-Islaam because they believe that their way is better and there is good in their religion for their Dunyaa and their Aakhirah, more so than that in al-Islaam. 

Allaah, the Most High, says:

“Those whose efforts have been wasted in this life while they thought that they were acquiring good by their deeds!” [al-Kahf 18:104]

And he said [May Allaah have Mercy on him]:

The message of al-Islaam brings about betterment and goodness for mankind, in 

their daily lives and in preparing them for their return (i.e. to Allaah). One cannot gain this goodness except if they follow the message of al-Islaam. Therefore, mankind are in dire need of this Sharee’ah because it instills two important factors for mankind: it brings benefit for them and it protects them from harm reaching them. The Sharee’ah is a light which sets a criterion between what is beneficial and what is harmful. It is the Light of Allaah on the earth, uphold justice amongst mankind and it makes people better when they choose to follow it.

What is not intended by following the Sharee’ah is that a person decides on what is beneficial or harmful based merely on ones senses. Rather, one can only decipher between what is harmful or beneficial based on the texts of the Sharee’ah and ones experiences. And had it not been for the texts of the Sharee’ah, then we would not have reached intellect and thus not been able to deceiver between what is beneficial and harmful, for our worldly lives and what is connected to our Hereafter.

Therefore, those who magnify the favours of Allaah upon them, then this is from the greatest of favours a slave can have. This is the very reason why Messengers were sent and revelation was revealed upon them, and it the difference between being misguided and the Straight Path. If it wasn’t for this then we would find ourselves being on the same status as animals, rather, even more misguided.

[Adapted from Majmoo al-Fataawaa (19/99-100)]

Ibn al-Qayyim [May Allaah have Mercy on him] said in Miftaah Daar as-Sa’aadah (2/117-118):

The need for Messenger is absolutely necessary, more than any other need – Peace and Blessings of Allaah be Upon them all - . For this reason, Allaah, the Glorified and the Most High, Mentioned that the greatest blessing upon His slaves

Is to have Messengers sent to them….

So had it not been for the Messengers then the scholar would not be able to know what is beneficial and what defines a good deed and a bad one. Nations will not be left upright and the general folk will be left at the same status of domesticated animals or wandering wild animals. They will become enemies to each other, however the remnants of Prophethood is still present, and they are the best of people. The most pious of people.

In short, the need of scholars for Prophethood is more desperate than their need for rays from the sun, even more desperate than their need for water or oxygen because there is no life without having an upright religion. End quote.

Imaam ash-Shaatibee [May Allaah have Mercy on him] said in al-Muwaafaqaat (2/37-40):

What is beneficial or harmful is based on the Sharee’ah and what experiences dictate and it is not based on what people desire or what people know from their customs. End quote.

Al-‘Izz bin ‘Abdus-Salaam al-Hanafee [May Allaah have Mercy on him] said:

Know! That giving precedence to something that is more beneficial than another beneficial thing is a must…so if we have a choice to choose between two good things then we must choose what is greater in good. There is no person that chooses something that is lesser in good than something else except that he is ignorant, either ignorant in the two matters which have  goodness in them or that they are ignorant and lack foresight…

The evidence for this is where Allaah, the Most High, describes killing the sacred months being a great injustice but there is a greater injustice which is preventing people from the Masjid al-Haraam:

“They ask you concerning fighting in the Sacred Months (i.e. 1st, 7th, 11th and 12th months of the Islamic calendar). Say, 'Fighting therein is a great (transgression) but a greater (transgression) with Allah is to prevent mankind from following the Way of Allah, to disbelieve in Him, to prevent access to Al-Masjid-al-Haram (at Makkah), and to drive out its inhabitants, and Al-Fitnah is worse than killing.'” [al-Baqarah 2:217]

[Qawaa’id al-Ahkaam (1/7)]

Al-‘Izz bin ‘Abdus-Salaam al-Hanafee [May Allaah have Mercy on him] also said:

If there are two things which have goodness in them that appears to contradict each other then we try and reconcile them, if not, we need to give precedence to that which is more beneficial if we know it.

[Qawaa’id al-Ahkaam (1/60)]