Source: http://qa.muftisays.com/?11271
Question ID: #11271
 
Question: Was it haram or makruh for slave women to reveal breasts to non mehram men in the early islamic soci

I have studied on some fatwas on various fiqhs regarding the awrah of slave women, some scholars have said breasts are not a part of the awrah, but it's obligatory to cover up breasts, like some scholars from shafi'i, maliki, some hanafis said they could show but in presence of fitnah they have to cover up and some other parts of the hanafi scholars said even breasts were a part of her awrah (slave women awrah similar to mahram woman). From the hanbali school, Ibn Taymiyaah, Sh. Uthaymeen they said it was wajib to cover up their breasts. I apologize in advance if i said something wrong.


My questions are as follows,
1. Was it halal or makruh or haram for them to reveal their breasts to non mehram as they pleased? ( like serving men or walking out bare chested in public as they pleased). Given if we see in history there was a lot of fitnah from them.

2. In slave markets, i understand the inspections were permitted based on their legal awrah (everything besides navel to knee) but the practice of default bare chested display for convenience or parading them bare chested for attracting the highest bids, were these practices halal ? or even makruh? or haram?

3. Also, a sensitive question, during inspection of slave women, was it permissible to uncover her awrah for old practices such as "virginity inspection" or was uncovering her awrah totally prohibited?

4. Some scholars said they had no sanctity, does that mean any kind of display or inspection was possible in the slave market? I believe Every human being has dignity, but what does this mean in this context?

5. How can this ruling be makruh (if it is) when it clearly causes fitnah, exploitation and social disruption? I understand there are no clear cut textual evidence, but by extension of broader principles of fitnah prevention and modesty rules, shouldn't this be elevated to haram?

6. Maliki school said it was makruh to uncover the chest, then why did Imam malik strongly condemned this behavior and going as far as to punish the slave women going out bare chested? Do makruh things get punished?

I apologize in advance if i offend anyone, i'm just trying to find answers that have been bothering me for some time. Thank you.

May Allah bless you, Ameen.
 
 
Answered by: Ulamaa ID 04 (London)
Date: 19/12/2024 18:22pm

بسم الله الرحمن الرحيم

الجواب حامدا ومصليا

There are more important issues in Islam that pertains to one’s Iman than rulings related to slavery.

The Awrah of concubines is the same as a Mahram woman. Meaning, the Awrah of a slave-woman (excluding one’s own) is similar to the Awrah of a Mahram woman, in that it is permissible to see of a slave-woman that which is permitted to see of a Mahram woman.

It is stated in al-Fatawa al-Hindiyya:

“It is okay for a man to see from his mother, mature daughter, sister and all other Mahram women such as grandmothers, grandchildren, paternal and maternal aunts, at their: hair, chest, locks, breasts, forearms (shoulders) and shins. It is not permissible to look at their back, stomach and the area between the navel and (including the) knees.”(Al-Fatawa al-Hindiyya, 5/328)

Having said that, it should always be remembered that a legal ruling also has a spirit attached to it. What the jurists (fuqaha) have explained is the basic and absolute minimum that a woman must cover in the presence of Mahram men. However, this does not mean she goes around the house exposing her legs chest and breasts, just like a man is not supposed to wonder around in front of his sister and daughter bare-chested. As such, although the chest and breasts are not in strict terms part of her Awra in front of Mahram men, the spirit of Shariah requires that she does not expose these parts unless there is a genuine need.

https://daruliftaa.com/womens-issue/are-a-womans-breasts-part-of-her-awra-in-front-of-mahram-men/

So based on the above text in the Shariah it would not be appropriate for women to reveal her chest and breast to Mahram men this will also apply to slave women.


And Allah knows best

17 Jumadal Thaniya 1446/ 19 December 2024
Mufti Qamruzzaman

London, UK
 
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