Demonstrations & the Involvement of Women !!!

By Shk Abu Sulayman Mostafa Mahamed
Jumada Al-Awwal 29, 1431

I am writing this to respond to queries I have received lately regarding my opinion on taking part in protests. This will aim at briefly addressing these two topics: a) the ruling on protesting to support Islamic causes, and b) the active participation of Muslim women in protests.

Firstly, the scholars of Islam have discussed the matter in depth; so I am in no way suggesting that ijtihaad is required on my behalf to understand the matter and come to a conclusion.

There are many shoyoukh who have allowed the matter and others who have rejected it. The reasons that these shoyoukh have rejected it are generally because, from their perspective, it does not bring any benefit to the ummah; rather it causes havoc, mayhem and disruption to the peace. It must be understood, that the basis of their argument does have an Islamic essence. There are things in Islam called مصلحة and مفسدة (benefits and harms). This is not to say, however, that this is the strongest opinion in all circumstances.

It must be clear that the situations that most of these mashayekh (scholars) give their Islamic verdicts in are very different to the reality we live in the west. They will have an issue with protesting against who they consider waliy amril-muslimeen, or the legitimate Muslim rulers. This is considered by them as a transgression against what Islam has taught us. Again, I would like to highlight that this is not the view that I hold, however, it is merely an explanation of a reality within the Muslim lands.

Also, these mashayekh speak from within a Muslim population where it is common in these protests to gather many people from different walks of life and from different ideological backgrounds. As a result, issues of walaa’ and baraa’ will arise as well as other issues pertaining to Islam.

The term for protesting in Arabic is التظاهر. Ibn Mandhour said:

Tadhahara in somebody is seeking refuge in that person. Thahartu ‘alayhi means to aid him. Thahara ‘alayy means that he helped me. Tathaharoo means that they helped and aided one another against their enemies.

Allah says (translation of the meaning): “And if ye aid one another against him (Muhammad).” (Qur’an 66:4)

This is a purely linguistic definition but is important to establish in order to understand the implications of protesting.

It can then be understood that protesting from an Islamic perspective is a kind of jihad as it is voicing the truth in solidarity with our brothers and sisters in the world. The only complexity that may arise is that of a Muslim ruler prohibiting such acts. This is not applicable to our situation and is therefore an irrelevant argument.

As for the proofs from the Sunnah for this, Ibn Abi Shaybah collected a hadeeth narrated by Ibn Abbas that the Prophet صلى الله عليه وسلم marched out to Makkah with ‘Umar رضي الله عنه and Hamzah رضي الله عنه leading two lines in a display of honour, courage and truth, which left the disbelievers feeling miserable. The hadeeth can be found in Al-Isaabah (vii, pg 512).

This was understood by many of the Salaf and scholars of Islam. Al-‘Izz bin Abdissalaam left Egypt when his Islamic verdicts regarding the Mamluks being in power and being treated equally were objected to by the ruler. At this, he placed his belongings on his donkey and almost left the country. The whole town prepared to leave with him if it weren’t for the ruler asking him to return promising him that he would not interfere with Islamic verdicts again. The same man was released from prison in Ashaam because of public pressure and their display of anger.

There are numerous examples of publically speaking out against falsehood with public support occurring in our history by great scholars such as Ahmad bin Hanbal, Ibn Al-Jawzi, Ibn Taymiyyah, Al-Imam Malik and others.

There is no harm to oppose injustice and defend our most sacred and holy issues. This is especially true because most of those who participate in such protests are from the general masses, and such protests encourage them to move toward a more active way of dealing with contemporary issues of the Muslims. It increases their love for this deen and their passion for upholding the truth.

I say that there is no benefit in repressing such efforts, especially if these protests are an encouragement to defend the issues that Muslims hold dearest to their hearts. On the contrary, there are clear benefits to be gained such as expressing to the enemies of Islam that we will not keep silent against their oppression and take it on the chin, and that the Muslims are different to their tyrant rulers. Perhaps such events will cause a great return for the Muslims to their deen.

As for the matter of women being involved in protests, the issue is not as simple as it sounds. As well as the Qur’an and Sunnah being the two sources of Islamic legislation, the ‘urf العرف, or the practices and customs of a particular society, is imperative to consider in such a matter.

One may argue that since the wives of the Prophet (pbuh) were ordered to stay in their homes, this would mean that it is haram for a woman to leave her home except in two circumstances: leaving her father’s house to get married; and being carried in a shroud in her funeral precession.

This is obviously an incorrect view as clarified by other proofs, actions of the sahabiyyaat and understanding of our Salaf.

Islam has allowed women to leave their houses with conditions:

 

1. That it be for a necessity and not to waste time or expose herself

The Prophet (pbuh) said: “It is allowed for you to leave your houses for necessities.” (Bukhari and Muslim)

2. Not leaving without the permission of the mahram

Allah says: “Obey Allah and obey His Prophet and those that are in charge of you.”

What supports this is the hadeeth of ‘Aisha (ra) found in Bukhari when she asked the Prophet (pbuh): “Do you allow me to visit my parents?” (Bukhari)

If this is the case in something as important as visiting one’s parents, then something of less importance is certainly more deserving of the husband’s permission.

3. That she covers her whole body including her feet and head

Her khimaar must cover her neck and chest. She should not wear transparent, light or tight clothing or clothing that will stick to her body like the nature of some material today. Allah says:
“And to draw their veils over their bosoms.” (Al-Noor:31)

The proofs of this are many, and this is not the place to discuss them in depth. However, one can refer to the books of fiqh regarding women’s Islamic dress code.

4. She should not dress like men

The Prophet (pbuh) said: “Allah has cursed those men who imitate women and those women who imitate men.” (Bukhari)

5. That she lower her gaze

Allah says: “And tell the believing women to lower their gaze and be modest.” (Al-Noor:31)

6. If she speaks, then she does so with utmost modesty

She should not giggle or laugh so she does not attract the attention of those whom have diseases in their hearts.

“…Then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery) should be moved with desire, but speak in an honourable manner.” (Al-Ahzaab: 32)

7. She should not wear makeup at all

This is obvious since she should be covered from head to toe anyway. However, for the sisters that believe that uncovering the face is allowed, they should under no circumstances wear makeup.

“And do not show your adornment except to your husbands…” (Al-Noor:31)

8. She should not perfume herself

The Prophet (pbuh) said: “Any woman that perfumes herself and passes by a people so they may smell her scent is an adulterous, and every eye that sees her commits adultery.” (Abu Dawood)

9. She should not wear anything that makes a sound and attracts attention

Arabs would commonly wear something called الخلخال which is similar to ankle bangles, which would make a lot of noise and hence attract attention. Similarly, she should not wear high heels for the same reason as well as medical reasons.

“And let them not stamp their feet so as to reveal what they hide of their adornment.” (Al-Noor:31)

10. She should not travel for more than a day and night without a mahram

The Prophet (pbuh) said: “Let not a man be alone with a woman except if she has a mahram. Let not a woman travel except with a mahram.” A man said: “O Prophet of Allah. My wife went out on Hajj and I am due to go on a battle of such and such,” The Prophet (pbuh) said: “Go and perform Hajj with your wife.” (Bukhari)

Lastly, transport to and from such events should be done in the protection of her mahram to avoid possible harm that our sisters may face, and loitering should be avoided. There should not be any screaming or chanting of any kind on behalf of the sisters as this breaks the barrier of hayaa’ (modesty). I also highly recommend that if a sister be present she be accompanied by her mahram (father, brother, uncle etc.) and not to depend on a group of sisters.

These are some of the most important points to be observed during any kind of outing that a woman witnesses. If they are observed, then there is no harm as long as there is a legitimate Islamic outcome. If they are not observed, then I cannot see the matter being legitimate. However, I believe that with great control and the presence of mature, male, Muslim chaperones, such events can bring about much good.