Sheikh Sami

There are Muslim women around the world who have chosen to cover their faces in public. Most of these women sincerely believe that it is their religious obligation to do so. Their decision can be met with resistance, especially in the workplace or when they are engaged in certain public activities. Often those who oppose their wearing the face veil cite practical considerations that they claim make the veil unviable. The women who wear the face veil can find themselves under a lot of stress. They sometimes feel that they have to choose between either functioning normally in society or obeying their Lord.
The matter of the woman covering her face has two dimensions. One is the matter of a woman showing her face in public. The other is that of the man looking at a woman’s face. Scholars who discuss this matter might approach it from one of these two angles or both. In brief, we can say the following with certitude:
1. It is unlawful for a Muslim man to look lustfully at a woman who is not his wife, regardless of who the woman is or how she is dressed. If a man deliberately does so, then he is sinning.
2. It is unlawful for a Muslim woman to present herself in any way with the deliberate intention of inciting the sexual desire of any man besides her husband. If she does so, then she is sinning.
3. The matter of covering the face is something about which there is legitimate scholarly disagreement. The majority of scholars hold the view that it is not obligatory for the woman to cover her face, though many of these scholars consider it obligatory in cases where sexual temptation is feared. However, there are others who consider it obligatory for women in general, and they have evidence to support their opinion. Their view is to be respected. Likewise, a Muslim who holds either view on the matter has a right to do so and this also should be respected.
A Muslim who does not consider the face veil to be obligatory should not dismiss or belittle the needs of those who do. Likewise, a Muslim who advocates covering the face has no right to look down upon those who do not.
The Degree of Seriousness Though some scholars are of the view that a woman must cover her face when she can be seen by unrelated men, their opinion is based upon an interpretation of the evidence. There is no direct, unambiguous statement on the matter.
When a matter in Islamic Law is of great importance, there is always unambiguous and direct textual evidence about it. This is the case for rulings like the prohibition of polytheism, adultery, and theft. It is also the case for the prohibition of a man and woman being alone together. This is why all scholars agree on these matters.
The prohibition against a woman showing her face in public, on the other hand, is based on indirect evidence. For instance, they cite the verse: “They should draw their head coverings over their bosoms” [Sûrah al-Nûr: 31]
Those who say a woman must cover her face use this verse to argue that if Allah orders a woman to draw her head covering over her bosom, it means implicitly that she will be covering her face. Other scholars counter that the same effect can be achieved by wrapping the head covering around the face and allowing it to drape over the bosom. This is, indeed, what we see most women doing. Therefore, we must realise that if the ruling on covering of the face had been a grave and serious matter, Allah would have addressed it with a direct and unambiguous statement.
We are certainly not saying that the scholars who regard covering the face to be obligatory are wrong. In fact, the author of this article considers them to be in the right. However, even if we accept that they are right, the matter is not as serious as other matters of Islamic Law which are established by decisive texts.
Relaxing the Veil  Examining more closely the statements of those scholars who claim that it is obligatory for a woman to cover her face in public its seen that the statements of the jurists who held this view  among the most vociferous in this matter being Ahmad b. Hanbal all of them allowed women to show their faces for a legitimate need. In brief, they allowed the woman to show her face in any case where the positive identity of the woman is needed and likewise, they permitted men to look at the face of the woman in order to make that positive identification.
Ibn Qudâmah, a leading Hanbalî jurist and proponent of covering the face, says the following in al-Mughnî (9/498): A male witness may see the face of the woman he is to be a witness for…  If a man engages in business with a woman, either buying and selling or entering into a rental agreement, then he has a right to see her face… It is related from Ahmad b. Hanbal that that he disliked his doing so if the woman in question is young, but not if she were old. It is likely that he meant that he disliked it for someone who feared temptation and in cases where it is not necessary for him to transact with her. As for when there is a need and where there is no fear of overt sexual arousal, there is no objection.
Dr. Muhammad b. Sâlih al-Duhaym, the presiding judge at the Layth District Courthouse in Saudi Arabia, is a contemporary scholar who regards covering the face to be obligatory. He issued the following ruling:
If a woman is living in a country, or in a time, or under circumstances where she cannot cover her face and hands  whether the reasons are societal, political, or related to public safety  and if she might face difficulty or might lose out on a greater good, then it is permitted for her to uncover her face and hands.
Many Hanafî jurists hold the view that a man can look at woman’s face as long as his doing so does not incite sexual desire. If it does incite such desire in him, then he is prohibited from looking at her face. Nevertheless, in cases where there is a compelling need for him to see her face, then he may look at it, even if he feels desire.