[Diondra]

The Fatwâ of `Allâmah Kowtharî
The following is a summary of a fatwâ by `Allâmah Muhammad Zâhid Kowtharî رحمه الله , a world-renowned Muhaddith and Faqîh who held a prominent post in the Ottoman Khilâfah in Turkey and who later went on to emerge as one of the greatest scholars Egypt has ever seen.

`Allâmah Kowtharî رحمه الله writes:
People often ask concerning the ruling of performing salâh bareheaded without an excuse. This question has come to the fore, due to the emergence of a group who seem to take delight in denying those actions, which are accepted by the Muslims and have been passed down from generation to generation. They strive hard to cause discord in the masjid and greatly resemble the Khawârij (a deviant sect which emerged in the time of `Alî رضي الله عنه) in that they lay great stress on trivial matters while ignoring major issues.

The ruling concerning the salâh of a person bareheaded without an excuse, it that it is valid if all the conditions and pre-requisites are met, however this is in direct conflict to what has remained the practice of all the Muslims throughout the ages.
It also entails emulation of the Christians in that they worship bareheaded, as is well known.

Allâh Ta`âlâ has ordered the Muslims:

خذوا زينتكم عند كل مسجد
“Adopt clothing of beauty when performing salâh”

Leaving the head uncovered is discarding this beauty.

Imâm Baihaqî رحمه الله narrates that Nabî said: -
“When performing salâh, one should wear two items of clothing as the most deserving being for whom you should dress up, is Allâh.”

Imâm Baihaqî رحمه الله has also mentioned the following incident.
Nâfi`رحمه الله, the slave of Ibn `Umar says that Ibn `Umar saw him performing salâh wearing only one item of clothing. He rebuked him saying, “Have I not given you clothing?” “Yes, you have!” replied Nâfi`. “So who,” asked Ibn `Umar “has more right that you dress up well for him? Allâh Ta`âlâ or the people!”

It is on this basis, that the fuqahâ (jurists) say that it is Makrûh (reprehensible) to perform salâh wearing such clothing in which one would not normally present oneself in front of those whom he holds in high esteem.

There exists absolutely no doubt in the fact that it has always remained the practice of the Muslims not to appear bareheaded in front of those whom they respect. In the very same way, salâh performed bareheaded would be reprehensible in the light of Sharî`ah.


A few doubts cleared
`Allâmah Kowtharî رحمه الله has also most graciously provided us answers to a few doubts, which arise on this topic.

1. Misconception: The âyah “Adopt clothing of beauty when performing salâh” was revealed to censure the disbelievers who would perform tawâf (circumambulate) around the Ka`bah, naked and has nothing to do with covering the head.

Answer: It is a well-known principle of Tafsîr (commentary of the Qur`ân) that an âyah is not restricted to the particular incident concerning which it was revealed. Rather it would encompass all such situations that fall under its scope. Therefore we find all the mazhâhib are unanimous on the point that it is mustahab (preferable) to wear a topî (or turban), upper garment and lower garment when in salâh. This is mentioned by Imâm Nawawî رحمه الله in Al- Majmû` and by `Allâmah Halabî رحمه الله in Sharhul Munyah.

2.Misconception: The âyah concerns covering the private parts, not the head.

Answer: `Allâmah Abû Hayyân, the renowned Mufassir (commentator of the Qur`ân), has beautifully explained this point in the following manner: -
“The order to adopt ‘beauty’, in this ayah, is specific to salâh. Therefore ‘beauty’ cannot refer to covering the private parts since we are ordered to cover them at all times, not only during salâh. ‘Beauty’ will therefore, in this case, have to mean something else viz. that with which one beautifies himself.”

Thus we can say without any doubt that the covering of the head is part of ‘beauty’ and this has always been the custom from the early days of Islâm. It is for this reason that in no time or place has this ever been seen (in the past) that the Muslims are forming the rows for salâh, bareheaded. Anyone who denies this is just being pigheaded. We hereby understand that there exists no proof at all to show that ‘beauty’ does not include covering the head.

3.Misconception: It is Sunnah to perform salâh bareheaded as Nabî صلى الله عليه وسلم performed salâh without a topî. It is reported that he would remove his topî and place it as a sutrah (barrier) in front of him during salâh.

Answer: It is mentioned in Sharhush Shamâil and other books that this narration is weak; therefore no attention should be given to it. It has not been mentioned in any of the reliable collections of hadîth, so how can it contest the covering of the head in salâh, which has remained the accepted practice of the Muslims throughout the ages! Yes, we do find that Hadhrat `Umar would stop the women slaves from covering their heads, so those who insist on keeping their heads open, probably count themselves among the women slaves and would like to emulate them during salâh, as this is not becoming of men.

(If we do accept that Nabî used his topî as a sutrah, then we find that `Allâmah Munâwî has mentioned that this was at an instance when Nabî did not have anything else to use as a sutrah. This was done to show that it is permissible to perform salâh without a topî, even though this would be makrûh for us, not for Nabî . This is similar to the instances where Nabî urinated or drank standing. These actions are makrûh for us, but were carried out by Nabî to show that they are not harâm. The paragraph between the parentheses is by the author not by `Allâmah Kowthar&#238

4.Misconception: The head is left uncovered during Haj; there should therefore be nothing wrong with leaving it uncovered during salâh.

Answer: Haj is a unique act of worship performed at a specific time and place; therefore leaving of the head uncovered at other times cannot be established from it.

The gist is that it is not proven that Nabî ever performed salâh bareheaded without an excuse, whereas leaving the head uncovered when praying is the habit of the Christians.