Wearing Hijab in front of Mother’s Paternal Uncle: Necessary?

07 August, 2020
Q As-Salamu alaykum. Is it permissible for a woman to remove her hijab and to greet with salam her mother’s maternal uncle and paternal uncle, and her father’s maternal uncle and paternal uncle? Please also give the fiqhi evidence proving that that is halal or haram.

Answer

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

1- A person’s maternal uncle is a maternal uncle to him and all his offspring. Similarly a person’s paternal uncle is a paternal uncle to all his offspring.

2- There is nothing wrong with a woman taking off her hijab in front of her mother’s maternal uncle or paternal uncle. She may shake hands with him and be alone with him, because he is a mahram to her. Allah says, when listing women who are mahrams“your brother’s daughters, your sister’s daughters.” (An-Nisaa’ 4:23)


The Permanent Committee for Islamic Research and Iftaa’ in Saudi Arabia issued the following fatwa:

It is permissible for a woman to show of her adornments to her mother’s maternal uncle and paternal uncle, and to her father’s maternal uncle and paternal uncle, that which she may uncover in front of her mahrams, for two reasons:

1- They are mahrams to her:

It is haram for any of them to marry her, because of the general meaning of the verse: {Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your fathers’ sisters, your mothers’ sisters, your brothers’ daughters, your sisters’ daughters.} (An-Nisa 4:23)

What is meant by the brother’s daughters in this verse is daughters (and granddaughters) of the brother, no matter how far the line of descent reaches, not only the brother’s own daughter. The paternal uncle of a woman’s father is the brother of her grandfather, and grandfathers, no matter how far the line of ascent reaches, are (regarded as being the same as) fathers.

So, this woman is included in the general meaning of the prohibition of marriage to the daughters of one’s brother. The paternal uncle of a woman’s mother is a brother to the father of her mother, so she is included in the general meaning of the prohibition of marriage to the daughters of one’s sister.

What is meant by the sister’s daughters in the verse is the daughters (and granddaughters) of the sister, no matter how far the line of descent reaches, not only the sister’s own daughter. The maternal uncle of the woman’s mother is a brother to the mother of the mother. The maternal uncle of her father is a brother to the mother of her father.

So, this woman is included in the general meaning on the prohibition of marriage to the daughters of one’s sister.

Therefore, once it is proven that she is one of the mahrams of those who are mentioned in the question, it is permissible for her to uncover in front of them that of her adornments that she may uncover in front of those whom Allah mentions in the verse: “and not to reveal their adornment except to their husbands, their fathers, their husbands fathers…” (An-Nur 24:31)

2- Allah has permitted the woman to uncover in front of her brother’s sons and her sister’s sons, and their grandsons, no matter how far the line of descent reaches, that which she may uncover of her adornments in front of all her mahrams, fathers, sons and brothers.

Allah says: {and not to reveal their adornment except to their husbands, their fathers, their husbands fathers, their sons, their husbands sons, their brothers or their brothers sons, or their sisters sons…} (An-Nur 24:31)

The maternal uncle of a woman’s mother and the maternal uncle of her father, and the paternal uncles of her mother and the paternal uncle of her father, no matter how far the line of ascent reaches, come under the heading of sons of brothers and sisters, and their grandsons, no matter how far the line of descent reaches. The ruling about showing adornment is the same with regard to all of them. As for greeting them, that is by shaking hands only.

Allah Almighty knows best.

Source: www.islamqa.info