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**vNGiDaFX** · 11-15-2011, 06:48 PM

Shaykh Hamza Maqbul:

Wa'alaykumussalam wa Rahmatullahi wa Barakatuhu

Firstly, let me congratulate all parties involved for this thread which upon cursory glance seems to have turned into a total fiasco...

The Mālikī school’s viewpoint:

In the concise commentary (al-Sharḥ al-Ṣaghīr) of al-Dardīr entitled, Awḍaḥ al-Masālik ilā Madhhab Mālik, the [author notes that] “the ʿawra of a free woman in relation to an unrelated man [...] is her entire body, except the face and hands. As for these two, they are not a part of the ʿawra.”

Ṣāwī adds in his marginal gloss,

Thus it is permissible to look at those two [parts of the body], and there is no difference whether one sees the palms or the backs [of the hands], as long as there is no seeking or feeling [sexual] pleasure in so doing. If there is, then it is impermissible [to look at either the hands or the face].

As to whether [a man’s feeling sexual pleasure] obligates [a woman] to cover her hands and face, that is the position of Ibn Marzūq who states that it is the best known opinion (mashhūr) of the madhhab. [The contrary opinion that a woman] is not obliged to do so, but rather that the man must lower his gaze, is the corollary of what Mawwāq narrates from [Qāḍī] ʿIyyāḍ. Zarrūq notes in the Waghlīsiyya in the case of an attractive woman, that she is obligated to cover her face, but for others it is merely recommended.

Note that nowhere in that tract does the word makruh even come up. Interestingly enough, the tract does a fairly accurate job summing up the position of the madhhab.

As a way of finding an excuse for the brother, all I can venture is perhaps he meant to say that it is makruh for a woman to pray with the niqab on, or has confused the issue of praying while in niqab, with niqab in general.

The beard issue also goes some strange places. The fact of the matter is that keeping a minimum fist-length beard is FARDH. Cutting it shorter than that is HARAM. Read the Risalah or Khalil. They are very explicit on this matter.

I find the most irritating part of this whole thread the totally ridiculous claim that there is no tarjih in the madhhab, and all of its opinions are good for the picking by a "qualified" mufti or scholar...

THE RELIED UPON POSITIONS OF THE MADHHAB ARE GATHERED AND REPORTED IN THE MUKHTASAR KHALIL.

That is a fact.

As for the one who seems to be championing the position opposed to that, I have met most of the people that he claims to have studied with (http://www.sunniforum.com/forum/show...t=45832&page=5) with the exception of one. They all accept Khalil to be the the collection of the relied upon opinions of the madhhab. Particularly interesting is the taking of the name of Sidi Rami Nsour, who I know personally well enough and I have cc'd on this email. He is welcome to shoot me down if I am wrong on any of the information I convey here. He has related to me on more than one occasion his frustration with people who "pick and chose" within the madhhab and don't take the relied upon positions, which are reported in Khalil.

At any rate, Allah knows best.

[Shaykh] Hamzah [Maqbul]

11-15-2011, 06:48 PM	#1
vNGiDaFX Join Date Oct 2005 Posts 512 Senior Member	The mu'tamad in the Maliki Madhab Shaykh Hamza Maqbul: Wa'alaykumussalam wa Rahmatullahi wa Barakatuhu Firstly, let me congratulate all parties involved for this thread which upon cursory glance seems to have turned into a total fiasco... The Mālikī school’s viewpoint: In the concise commentary (al-Sharḥ al-Ṣaghīr) of al-Dardīr entitled, Awḍaḥ al-Masālik ilā Madhhab Mālik, the [author notes that] “the ʿawra of a free woman in relation to an unrelated man [...] is her entire body, except the face and hands. As for these two, they are not a part of the ʿawra.” Ṣāwī adds in his marginal gloss, Thus it is permissible to look at those two [parts of the body], and there is no difference whether one sees the palms or the backs [of the hands], as long as there is no seeking or feeling [sexual] pleasure in so doing. If there is, then it is impermissible [to look at either the hands or the face]. As to whether [a man’s feeling sexual pleasure] obligates [a woman] to cover her hands and face, that is the position of Ibn Marzūq who states that it is the best known opinion (mashhūr) of the madhhab. [The contrary opinion that a woman] is not obliged to do so, but rather that the man must lower his gaze, is the corollary of what Mawwāq narrates from [Qāḍī] ʿIyyāḍ. Zarrūq notes in the Waghlīsiyya in the case of an attractive woman, that she is obligated to cover her face, but for others it is merely recommended. Note that nowhere in that tract does the word makruh even come up. Interestingly enough, the tract does a fairly accurate job summing up the position of the madhhab. As a way of finding an excuse for the brother, all I can venture is perhaps he meant to say that it is makruh for a woman to pray with the niqab on, or has confused the issue of praying while in niqab, with niqab in general. The beard issue also goes some strange places. The fact of the matter is that keeping a minimum fist-length beard is FARDH. Cutting it shorter than that is HARAM. Read the Risalah or Khalil. They are very explicit on this matter. I find the most irritating part of this whole thread the totally ridiculous claim that there is no tarjih in the madhhab, and all of its opinions are good for the picking by a "qualified" mufti or scholar... THE RELIED UPON POSITIONS OF THE MADHHAB ARE GATHERED AND REPORTED IN THE MUKHTASAR KHALIL. That is a fact. As for the one who seems to be championing the position opposed to that, I have met most of the people that he claims to have studied with (http://www.sunniforum.com/forum/show...t=45832&page=5) with the exception of one. They all accept Khalil to be the the collection of the relied upon opinions of the madhhab. Particularly interesting is the taking of the name of Sidi Rami Nsour, who I know personally well enough and I have cc'd on this email. He is welcome to shoot me down if I am wrong on any of the information I convey here. He has related to me on more than one occasion his frustration with people who "pick and chose" within the madhhab and don't take the relied upon positions, which are reported in Khalil. At any rate, Allah knows best. [Shaykh] Hamzah [Maqbul]
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