(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors to His Facebook Page "Fiqhi")
To Adnan Khan
Question:
Salaams Sheikh
My question is on an article in the Constitution. In article 7, clause 4 or clause D from the English translation of the second edition 2010, it is stated: The non-Muslims will be treated in matters related to foodstuffs and clothing according to their faith and within the scope of what the Shari'ah rules permit. My question is related to clothing.
Will Non-Muslim women be allowed to wear any clothing as long as it covers the bodies and is modest, such as long dresses or trousers and a shirt? Or will they be required to wear Khimar and Jilbaab like the Muslim women?
How was the non-Muslim women's dress was dealt with throughout Islamic history? i.e. were they allowed ot wear what they wanted or was the Islamic dress enforced upon them.
May allah reward you
From your Brother Adnan from the UK
Translation of the Question:
My question is about an article in the Draft Constitution, specifically Article 7, Clause 4 or "d", from the 2010 English translation: (d - Non-Muslims are treated in matters of foodstuffs and clothing according to their religions within what Shari'ah rules permit.) My question is regarding clothing: are non-Muslim women allowed to wear any attire as long as it covers the body and is not conspicuous, such as a long dress or trousers with a shirt, or are they required to wear the Khimar and Jilbab like Muslim women? How was the dress of non-Muslim women handled throughout Islamic history? Were they allowed to wear what they wished, or were they compelled to wear Islamic dress?
I ask Allah to reward you with goodness,
Your brother Adnan from the United Kingdom
Answer:
Walaikum Assalam Wa Rahmatullah Wa Barakatuh.
Clause "d" of the aforementioned Article, which you asked about, states: "Non-Muslims are treated in matters of foodstuffs and clothing according to their religions within what Shari'ah rules permit." You are asking about clothing, and the answer is as follows:
The aforementioned clause defines two constraints for clothing:
The first constraint: "According to their religions." They are permitted clothing according to their religions. Clothing according to their religions refers to the attire of their religious men and women—meaning the dress of priests, monks, etc., and the dress of nuns. This is the attire prescribed in their religion; therefore, it is permissible for their men and women to wear these garments. This pertains to the first constraint.
As for the second constraint, "Within what Shari'ah rules permit," it refers to the rules of public life (al-hayat al-'ammah) which apply to all citizens—Muslims and non-Muslims, men and women alike.
- The exception is for clothing according to their religions.
- As for any clothing other than their religious attire, the Shari'ah rules regarding public life apply to it. This is for both men and women.
This dress is detailed in full in the Social System (An-Nizam al-Ijtima'i), and it applies to all members of the citizenry, Muslims and non-Muslims. No exception is made for non-Muslims except for clothing according to their religions as mentioned above. Otherwise, the 'awrah must be covered, tabarruj (wanton display) is prohibited, and the Jilbab and Khimar must be worn. Because trousers are considered part of tabarruj, it is not permissible for a woman to wear them in public life, even if they cover the body.
Regarding the historical reality, throughout the era of the Khilafah (Caliphate), women—whether Muslim or non-Muslim—wore the Jilbab, which is the wide outer garment over their inner clothes, and they covered their heads. In some villages containing both Muslim and non-Muslim women, their dress was indistinguishable. Even after the destruction of the Khilafah, the remnants of this remained to some extent. If you were to ask elders over seventy or eighty years old, they would tell you about their observations in some villages in Palestine, how they saw Christian and Muslim women wearing similar clothing in those villages.
I hope this is a sufficient answer to your question.
Your brother, Ata Bin Khalil Abu Al-Rashtah
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