Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors to His Facebook Page "Fiqhi"
To: Abu Banan
Question:
As-Salamu Alaykum,
Question: Is tattooing halal or haram for men?
Because Allah mentioned the curse for the female tattooer and the female who seeks to be tattooed—meaning for females, not for males.
I hope for a detailed response. Regards.
Answer:
Wa Alaykum As-Salam Wa Rahmatullahi Wa Barakatuh,
Regarding tattooing, it is haram (prohibited). Al-Bukhari narrated from Abu Hurayrah (ra) that the Prophet ﷺ said:
لَعَنَ اللَّهُ الوَاصِلَةَ وَالمُسْتَوْصِلَةَ، وَالوَاشِمَةَ وَالمُسْتَوْشِمَةَ
"Allah has cursed the woman who joins (hair) and the woman who has (hair) joined, and the woman who tattoos and the woman who has (herself) tattooed." (Bukhari)
The prohibited tattoo is pricking the skin with a needle and then filling it with kohl or dye so that its mark becomes blue or green.
"Skin tattooing" is also defined in the "Medical Jurisprudence Encyclopedia" under the chapter (Skin) as "a type of adornment made by pricking the skin with a needle until blood comes out, then kohl, dye, or special pigments are sprinkled over it to turn green or blue." Tattooing is an ancient custom that has been recently revived due to fashion, and it is referred to by the foreign term "tattoo."
The hadiths that stipulate the prohibition of tattooing came in the feminine form and were not mentioned in the masculine form. For example:
a- Al-Bukhari narrated in his Sahih: Ibn Abi Shaybah narrated to us, Yunus bin Muhammad narrated to us, Fulayh narrated to us from Zaid bin Aslam from 'Ata bin Yasar from Abu Hurayrah (ra) from the Prophet ﷺ who said:
لَعَنَ اللَّهُ الْوَاصِلَةَ وَالْمُسْتَوْصِلَةَ وَالْوَاشِمَةَ وَالْمُسْتَوْشِمَةَ
"Allah has cursed the woman who joins (hair) and the woman who has (hair) joined, and the woman who tattoos and the woman who has (herself) tattooed." (Bukhari)
b- Al-Bukhari narrated in his Sahih from Abdullah who said: "Allah has cursed the women who tattoo and those who seek to be tattooed, those who pluck facial hair, and those who file their teeth for beauty, changing the creation of Allah." This reached a woman from Bani Asad called Umm Ya’qub, who came and said: "It has reached me that you cursed such and such." He said: "Why should I not curse those whom the Messenger of Allah ﷺ cursed and those who are mentioned in the Book of Allah?" She said: "I have read what is between the two covers (of the Quran) and did not find what you are saying!" He said: "If you had read it, you would have found it. Have you not read:
وَمَا آتَاكُمْ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا
'And whatever the Messenger has given you - take; and what he has forbidden you - refrain from.' (Al-Hashr [59]: 7)?"
She said: "Yes." He said: "He has indeed forbidden it." She said: "I see your wife doing it!" He said: "Go and look." She went and looked but did not see anything of what she expected. He then said: "If she were like that, I would not have remained with her."
c- In another narration by Al-Bukhari from Ibn Mas'ud (ra), he said: "Allah has cursed the women who tattoo and those who seek to be tattooed, those who pluck facial hair, and those who file their teeth for beauty, changing the creation of Allah. Why should I not curse those whom the Messenger of Allah ﷺ cursed, and it is in the Book of Allah?"
d- In the hadith of Abu Hurayrah, he mentioned (الوَاشِمَةَ وَالمُسْتَوْشِمَةَ), and in the hadith of Abdullah bin Mas'ud, he mentioned (الْوَاشِمَاتِ وَالْمُوتَشِمَاتِ), and in the other narration (الْوَاشِمَاتِ وَالْمُسْتَوْشِمَاتِ). It is clear from all of this that the form used in the noble Prophetic hadiths is the feminine form.
There is a style in the Arabic language called the style of "Taghlib" (Predominance), which is well-known in Usul al-Fiqh (Principles of Jurisprudence), and it means:
a- If the address is in the masculine form or refers to a man, it also applies to the feminine form by way of Taghlib, and a woman is not excluded from it except by a text that excludes her:
- For example, His saying (swt):
يَا أَيُّهَا الَّذِينَ آمَنُوا
"O you who have believed" (Al-Baqarah [2]: 183)
This includes the believing women even though the verse is in the masculine form, because no text has been revealed to exclude women from this ruling.
- For example, what Al-Bukhari narrated from Abu Hurayrah (ra): The Prophet ﷺ said:
أَيُّمَا رَجُلٍ أَعْتَقَ امْرَأً مُسْلِماً، اسْتَنْقَذَ اللَّهُ بِكُلِّ عُضْوٍ مِنْهُ عُضْواً مِنْهُ مِنَ النَّارِ
"Whichever man manumits a Muslim person, Allah will save every limb of his from the Fire for every limb of that person." (Bukhari)
It applies to women as well through the style of Taghlib, meaning: (أَيُّمَا امرأة أَعْتَقَت امْرَأً مُسْلِماً...). This is because no text has been revealed to exclude women from this ruling.
- For example: His saying (swt):
وَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ وَأَطِيعُوا الرَّسُولَ لَعَلَّكُمْ تُرْحَمُونَ
"And establish prayer and give zakah and obey the Messenger that you may receive mercy." (An-Nur [24]: 56)
Prayer, zakah, and obedience to the Messenger ﷺ are obligations upon both men and women, because no text has been revealed to exclude women from this ruling.
b- However, this style of "Taghlib" is not used if it is suspended by a text, i.e., if it is specified by a text that excludes women from its generality:
- For example, His saying (swt):
كُتِبَ عَلَيْكُمُ الْقِتَالُ وَهُوَ كُرْهٌ لَكُمْ
"Fighting has been enjoined upon you while it is hateful to you." (Al-Baqarah [2]: 216)
The address here is in the masculine form and indicates the obligation of Jihad. However, Taghlib is not used here, so it is not said that this includes women through the style of Taghlib with the phrase "Fighting is enjoined upon you (females)." This is because it is suspended by other texts that make Jihad an obligation upon men. Ibn Majah narrated from Habib bin Abi Amrah from Aisha bint Talhah from Aisha, Mother of the Believers (ra), who said: "I said: O Messenger of Allah, is Jihad obligatory for women? He said:
نَعَمْ، عَلَيْهِنَّ جِهَادٌ، لَا قِتَالَ فِيهِ: الْحَجُّ وَالْعُمْرَةُ
'Yes, there is a Jihad for them in which there is no fighting: Hajj and Umrah.'" (Ibn Majah)
Meaning that Jihad in its sense of fighting is not an obligation upon women.
- For example: His saying (swt):
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَكُمْ إِنْ كُنْتُمْ تَعْلَمُونَ
"O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew." (Al-Jumu'ah [62]: 9)
This text indicates the obligation of the Friday prayer and the necessity of proceeding to it when the call is made. Here, the style of Taghlib is not applied; the obligation of Friday prayer is not applied to women because a text was revealed specifying the obligation of Friday prayer for men and excluding women from this obligation, according to his ﷺ saying narrated by Al-Hakim in Al-Mustadrak 'ala al-Sahihayn from Abu Musa, from the Prophet ﷺ, who said:
الْجُمُعَةُ حَقٌّ وَاجِبٌ عَلَى كُلِّ مُسْلِمٍ فِي جَمَاعَةٍ إِلَّا أَرْبَعَةٌ: عَبْدٌ مَمْلُوكٌ، أَوِ امْرَأَةٌ، أَوْ صَبِيٌّ، أَوْ مَرِيضٌ
"The Friday prayer in congregation is an obligatory duty upon every Muslim, except for four: a slave, a woman, a child, or a sick person." (Al-Hakim)
Al-Hakim said: This is a Sahih (authentic) hadith according to the conditions of the two Sheikhs, and Ad-Dhahabi agreed with him.
c- However, a text in the feminine form to clarify a specific ruling does not include men unless a new text includes men in that ruling:
- For example: Ibn Hibban narrated in his Sahih from Ibn Mas'ud who said: The Messenger of Allah ﷺ said:
الْمَرْأَةُ عَوْرَةٌ
"The woman is 'Awrah (to be covered)." (Ibn Hibban)
Then the face and hands were excluded, as stated in the interpretation of His saying (swt):
وَلا يُبْدِينَ زِينَتَهُنَّ إِلا مَا ظَهَرَ مِنْهَا
"And not expose their adornment except that which [necessarily] appears thereof." (An-Nur [24]: 31)
Al-Bayhaqi narrated from Ibn Abbas that what is meant by "what appears thereof" is the face and the hands. This was also narrated by Isma'il al-Qadi from Ibn Abbas as a Marfu' (attributed to the Prophet) narration with a good chain as stated in Awn al-Ma'bud 9/138... These two texts are in the feminine form; the woman is entirely 'Awrah' except for the face and hands. The 'Awrah' of a man is not like hers; rather, it is from the navel to the knee according to other texts: Ad-Daraqutni narrated in his Sunan 2/482... from 'Ata bin Yasar from Abu Ayyub who said: I heard the Prophet ﷺ saying:
مَا فَوْقَ الرُّكْبَتَيْنِ مِنَ الْعَوْرَةِ وَمَا أَسْفَلَ مِنَ السُّرَّةِ مِنَ الْعَوْرَةِ
"What is above the knees is part of the 'Awrah and what is below the navel is part of the 'Awrah." (Ad-Daraqutni)
- For example: Ahmad narrated in his Musnad from Abdullah bin Suwayd al-Ansari, from his paternal aunt Umm Humayd, the wife of Abu Humayd al-Sa'idi, that she came to the Prophet ﷺ and said: "O Messenger of Allah, I love to pray with you." He said:
قَدْ عَلِمْتُ أَنَّكِ تُحِبِّينَ الصَّلَاةَ مَعِي... وَصَلَاتُكِ فِي دَارِكِ خَيْرٌ لَكِ مِنْ صَلَاتِكِ فِي مَسْجِدِ قَوْمِكِ، وَصَلَاتُكِ فِي مَسْجِدِ قَوْمِكِ خَيْرٌ لَكِ مِنْ صَلَاتِكِ فِي مَسْجِدِي
"I know that you love to pray with me... but your prayer in your house is better for you than your prayer in the mosque of your people, and your prayer in the mosque of your people is better for you than your prayer in my mosque." (Ahmad)
This hadith is in the feminine form, so men are not included in it; a man's prayer in his house is not better for him than his prayer in the mosque.
That is to say, a text in the feminine form remains restricted to women, and a man does not enter the ruling except by another text.
Looking at the texts regarding tattooing, we find them in the feminine form, so they do not include men by their linguistic implication... This is evidenced by the fact that Ibn Mas'ud, the narrator of the hadith (ra), understood from the hadith that it concerns women, and similarly understood the "woman from Bani Asad called Umm Ya’qub," as mentioned in the hadith of Al-Bukhari cited above:
"From Abdullah who said: 'Allah has cursed the women who tattoo and those who seek to be tattooed...' This reached a woman from Bani Asad called Umm Ya’qub, who came and said: 'It has reached me from you that you cursed such and such...' He said: 'Why should I not curse those whom the Messenger of Allah ﷺ cursed and those who are mentioned in the Book of Allah?' She said: 'I have read what is between the two covers and did not find what you are saying!' He said: 'If you had read it, you would have found it. Have you not read: (And whatever the Messenger has given you - take; and what he has forbidden you - refrain from)?' She said: 'Yes.' He said: 'He has indeed forbidden it.' She said: 'I see your wife doing it!' He said: 'Go and look.' She went and looked but did not see anything of what she expected. He then said: 'If she were like that, I would not have remained with her.'"
The woman from Bani Asad known as Umm Ya'qub understood from the hadith that the curse applies to women, so she said to Ibn Mas'ud (ra): "I see your wife doing it!" Ibn Mas'ud (ra) replied: "Go and look." She went and looked but did not see anything. He said: "If she were like that, I would not have remained with her." It is clear from this that both of them understood that the hadith applies to women.
The hadith on tattooing is in the feminine form, so it does not include men except by another text, but not by the mentioned hadiths on tattooing.
However, there is another issue related to tattooing, which is that tattooing is najis (impure) due to the entrapment of blood at the site of the tattoo. It states in the Kuwaiti Encyclopedia of Jurisprudence: "The jurists agreed that tattooing is najis (impure); because the blood is trapped at the site of the tattoo by what is sprinkled over it." This impurity in the body cannot be easily removed. Artificially creating this permanent impurity in the body by the choice of a sane adult is impermissible because of the problems related to purity (taharah) that result from this impurity... and because it involves utilizing an impurity (blood) for the purpose of tattooing... and utilizing an impurity is haram except for medicine, in which case it is makruh (disliked). Utilizing the tattoo and the blood trapped in it here is not for medical treatment—otherwise, it would be makruh and not haram—but it is for other purposes. Therefore, it is haram because it is the utilization of an impurity for other than medical reasons, and this applies to both men and women as it is mentioned in general texts.
Among the evidences for the prohibition of utilizing impurities:
- Al-Bukhari narrated from Jabir bin Abdullah (ra) that he heard the Messenger of Allah ﷺ saying during the year of the Conquest while he was in Makkah:
إِنَّ اللَّهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الْخَمْرِ وَالْمَيْتَةِ وَالْخِنْزِيرِ وَالْأَصْنَامِ فَقِيلَ يَا رَسُولَ اللَّهِ أَرَأَيْتَ شُحُومَ الْمَيْتَةِ فَإِنَّهَا يُطْلَى بِهَا السُّفُنُ وَيُدْهَنُ بِهَا الْجُلُودُ وَيَسْتَصْبِحُ بِهَا النَّاسُ فَقَالَ لَا هُوَ حَرَامٌ ثُمَّ قَالَ رَسُولُ اللَّهِ ﷺ عِنْدَ ذَلِكَ قَاتَلَ اللَّهُ الْيَهُودَ إِنَّ اللَّهَ لَمَّا حَرَّمَ شُحُومَهَا جَمَلُوهُ ثُمَّ بَاعُوهُ فَأَكَلُوا ثَمَنَهُ
"Allah and His Messenger have prohibited the sale of alcohol, dead animals, pigs, and idols." It was said: "O Messenger of Allah, what about the fat of dead animals, for it is used to coat ships, tan hides, and people use it for lamps?" He said: "No, it is haram." Then the Messenger of Allah ﷺ said: "May Allah curse the Jews; when Allah forbade its fat for them, they melted it down, sold it, and consumed its price." (Bukhari)
- The skin of a dead animal was excluded, as mentioned in the hadith of Abu Dawood from Ibn Abbas: Musaddad and Wahb narrated from Maymunah who said: A sheep was given in charity to a freed-woman of ours, and it died. The Prophet ﷺ passed by it and said:
أَلَا دَبَغْتُمْ إِهَابَهَا وَاسْتَنْفَعْتُمْ بِهِ قَالُوا يَا رَسُولَ اللَّهِ إِنَّهَا مَيْتَةٌ قَالَ إِنَّمَا حُرِّمَ أَكْلُهَا
"Why did you not tan its skin and utilize it?" They said: "O Messenger of Allah, it is a dead animal." He said: "Only eating it is prohibited." (Abu Dawood)
- Medical treatment was also excluded from the prohibition, as treating oneself with something prohibited is not haram: Muslim narrated from Anas:
رَخَّصَ رَسُولُ اللَّهِ ﷺ أَوْ رُخِّصَ لِلزُّبَيْرِ بْنِ الْعَوَّامِ وَعَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ فِي لُبْسِ الْحَرِيرِ لِحِكَّةٍ كَانَتْ بِهِمَا
"The Messenger of Allah ﷺ permitted Az-Zubayr bin al-Awwam and Abdur-Rahman bin Awf to wear silk because of an itch they had." (Muslim)
Wearing silk for men is haram, but it was permitted for medical treatment. Similarly, according to the hadith of An-Nasa'i, Abu Dawood, and At-Tirmidhi—and the wording is from An-Nasa'i: Abdur-Rahman bin Tarafa narrated from his grandfather Arfajah bin As'ad that his nose was severed on the Day of al-Kulab in the Jahiliyyah, so he used a nose made of silver, but it began to rot.
فَأَمَرَهُ النَّبِيُّ ﷺ أَنْ يَتَّخِذَ أَنْفاً مِنْ ذَهَبٍ
"The Prophet ﷺ ordered him to get a nose made of gold." (An-Nasa'i)
Gold for men is haram, but it was permitted for medical treatment.
- Treating oneself with something najis is not haram according to the hadith of Al-Bukhari from Anas (ra):
أَنَّ نَاساً اجْتَوَوْا فِي الْمَدِينَةِ فَأَمَرَهُمْ النَّبِيُّ ﷺ أَنْ يَلْحَقُوا بِرَاعِيهِ يَعْنِي الْإِبِلَ فَيَشْرَبُوا مِنْ أَلْبَانِهَا وَأَبْوَالِهَا فَلَحِقُوا بِرَاعِيهِ فَشَرِبُوا مِنْ أَلْبَانِهَا وَأَبْوَالِهَا...
"Some people became ill in Madinah (اجتووا), so the Prophet ﷺ ordered them to go to his shepherd—meaning the camels—and drink from their milk and urine. So they went to his shepherd and drank from their milk and urine..." (Bukhari)
The word "اجتووا" means the food of the land did not suit them and they became sick. The Messenger ﷺ permitted them to use "urine" for medical treatment, and it is najis. Al-Bukhari narrated from Abu Hurayrah that he said: "A Bedouin stood up and urinated in the mosque, and the people caught him. The Prophet ﷺ said to them: Leave him and pour a bucket (سَجْلاً or ذَنُوباً) of water over his urine; for you have been sent to make things easy and not to make things difficult." The words "سَجْلاً" and "ذَنُوباً" mean a full bucket.
Since utilizing an impurity is haram, as explained above, therefore, from this perspective—utilizing an impurity—I conclude that tattooing is haram for men as well, even if it is not included in the previous hadiths prohibiting tattooing, but rather by the prohibition of utilizing an impurity... This is what I conclude regarding tattoos for men; it is prohibited from this angle.
The jurists differed regarding the removal of the tattoo since it is najis... Among these views:
It states in the Encyclopedia of Jurisprudence 43/159: "The Shafi'is said: It is obligatory to remove the tattoo as long as there is no fear of harm that would justify tayammum. If there is fear of harm, its removal is not obligatory, and there is no sin upon the person after repentance. This is if it was done with their consent after reaching puberty; otherwise, removal is not required at all, and their prayer and leadership in prayer are valid..."
It states in the book Mughni al-Muhtaj ila Ma’rifat Ma’ani Alfaz al-Minhaj by Shams al-Din Muhammad Ahmad al-Khatib al-Shirbini al-Shafi’i (d. 977 AH) in the chapter on conditions of prayer 1/406: "Branches: Tattooing, which is pricking the skin with a needle until blood comes out then sprinkling something like dye over it so it turns blue or green because of the blood resulting from the needle prick, is haram... so it is obligatory to remove it as long as one does not fear harm that justifies tayammum. If one fears harm, its removal is not obligatory, and there is no sin upon him after repentance. This is if he did it with his consent, as Al-Zarkashi said: meaning after reaching puberty. Otherwise, he is not required to remove it, as stated by Al-Mawardi, meaning: his prayer and leadership are valid..."
There are other opinions as well...
I hope this is sufficient, and Allah is All-Knowing and All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
02 Jumada al-Ula 1444 AH Corresponding to 26/11/2022 CE
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