ArticleFiqh

The Law of Removing Hijab While Working at Companies that Prohibit Using It

DDHK. ORG – Take off the hijab while working at company which prohibits using, is a phenomenon that has emerged since the last few years. Check out the following review from a fiqh point of view.

Close nakedness like wearing hijab for woman is fardhu 'ain that should not be abandoned. They are prohibited from releasing it in front of other people and not the mahram except in an emergency.

On Al-Quran Surah An-Nur verse 31 Allah says;

"Say to the believing women: Let them hold their gaze and their genitals, and let them not reveal their adornments, except what is (usually) visible from them. And let them cover their veils over their breasts, and do not reveal their adornments except to their husbands, or their fathers, or the fathers of their husbands, or their sons, or the sons of their husbands, or their brothers, or the sons of their brothers, or the sons of their sisters, or the women of Islam, or the slaves they have, or male servants who have no desire (of women) or children who have not understand the female genitalia. and let them not beat their feet so that the jewels they hide may be known. And repent all of you to Allah, O you who believe, that you may be successful."

Rasulullah said to Asma ';

يَا أَسْمَاءُ إِنَّ الْمَرْأَةَ إِذَا بَلَغَتِ الْمَحِيْضُ لَمْ تَصْلُحْ أَنْ يُرَى مِنْهَا إِلَّا هَذَا وَهَذَهَذََ َ
"O Asma', a woman when she has reached puberty does not deserve to be seen from her except this and this (face and palms)"

Based on this textual argument, a woman is not allowed to reveal her nakedness in front of someone other than her mahram, except in an emergency.

Dar al-Ifta' Egypt;

أما بخصوص الحجاب فهو واجب في حق النساء, ولا يجوز للمرأة أن تخلع الحجاب إلا إذا خافت الضرر على نفسها أو عائلتها

"Regarding the hijab, it is obligatory for women to wear it, and she is not allowed to take it off unless she is worried about the danger to herself and her family" (HR Abu Dawud, no. 4106)

Emergency Without Hijab

The emergency in question is as described by Prof. Dr. Wahbah al-Zuhaili;

الضرورة هي أن تطرأ على الإنسان حالة من الخطر أو المشقة الشديدة بحيث يخاف حدوث ضرر أو أذى بالنفس أو بالعضو أو بالعرض أو بالعقل أو بالمال وتوابعها, ويتعين أو يباح عندئذ ارتكاب الحرام أو ترك الواجب أو تأخيره عن وقته دفعا للضرر عنه في غالب ظنه ضمن قيود الشَّرْعِ

"Emergency conditions are when there is a dangerous condition or very serious difficulty for humans that makes them worry that there will be damage (dharar) or something that hurts the soul, limbs, honor, mind, property and those related to it, so that at that time it cannot be helped. must do what is forbidden, or leave what is obligatory, or delay the time of its implementation in order to avoid the harm that he expects to befall him as long as it does not come out of the conditions determined by syarak.

The Egyptian Fatwa Institute in Su'âlât al-Aqalliyyât explains, if you wear the hijab in that condition you get a hostile response from other parties that is impossible to deal with, or results in losing your job on the condition that there are no other sources of income that can be sought for living expenses so that it can threaten their lives. so specifically in that condition, it is minimal or the shortest time he can remove the hijab while still trying to close it as much as possible while asking Allah for forgiveness. This is because carrying out a religious prohibition in an emergency is only counted in moderation.

What is meant by "merely" can be exemplified by a female patient who is injured which must be stitched on the top of the wrist (aurat) while there is no female doctor at the time of urgency, the male doctor can take action with the record of the patient's sleeve. must not be rolled up more than the injured part, that is, the emergency level is only in the part that will be treated.

However, women who work in places where the hijab is prohibited are obliged as soon as possible to get a new job that can guarantee that they are free to practice their religion. However, the obligation to wear the hijab is based on a valid argument, that is, it does not contain other interpretations such as the obligations of prayer, fasting, zakat and hajj for those who can afford it.

However, if for example the work is based on a contract until the specified time, then if the woman resigns before the contract expires, she will be subject to a fine, while she is classified as incapacitated or solely relying on living expenses from the salary at that place, then she can complete the work contract. by still trying to wear her hijab as much as possible at that time and then immediately move to another place.

As Muslims, we must believe in Allah who is the giver of sustenance, one of which is the following word of Allah;

"Whoever fears Allah, he will provide for him a way out. And give him sustenance from a direction he did not expect. And whoever puts his trust in Allah, Allah will suffice him (needs). Verily, Allah carries out His (willed) affairs. Verily, Allah has made provision for everything.” Wallahu a'lam. [DDHK News]

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