The Hadith of Umm Waraqa – used by some to justify women leading prayers:
Response by: Sister Hina Azam, an incoming Professor of Islamic Studies at the University of Texas at Austin. Her specialty is Islamic law.
Because the arguments in favor of women leading jumu'ah, and mixed congregations generally, is being made using traditional sources and methodology, let me explain why I think their argument is flawed.
1. Salat al-jumu'ah and the requirements of the imamah are issues of worship ('ibadat), and thus should not be modified.
Some might ask, is the issue of women leading salat one of social norms or religious law?
Answer: In a nutshell, the laws of Islam have been divided by the scholars into two broad categories, those that have to do with the rights of God, and those that have to do with the rights of human beings. Certain acts are purely in fulfillment of one, and some the other, and some fulfill both. Prayer, as one of the 'ibadat (forms of worship) has been considered to be almost purely in the category of rights of God. This is in distinction to social, economic and political activities, which are seen as having to do with the rights of human beings.
The jurists gave human interpretation very little scope in modifying the rules regarding the forms of worship. They reasoned as follows: The elements of salat Û its physical format, the formulae read within it, the specifics of the surahs that may be read, the rules regarding special types of salat (such as jumu'ah, eid, janaza), the rules regarding what constitutes tahara (ritual purification), the number of raka'at in each type, the times of day, the alignment of men and women, the khutab Û all of these were established during the life of the Prophet under divine guidance. We simply do not know the reasons for their form. Furthermore, because salat is so critical to proper practice of Islam, it is not an area that one may tamper with.
Thus, the scholars operated according to the principle that the rule (asl) in social laws (mu'amalat) is permissibility (ibahah), and the rule in religious observance ('ibadat) is prohibition (tahrim). In ordinary language, this means that in the area of ordinary life (social and individual), we may assume that a lack of evidences (dala'il) regarding an activity indicates that we can do it. In the area of the ibadat, however, we are to take the opposite approach: Unless there is a dala'il indicating that something is permissible, we are to assume it is prohibited. It is a very conservative approach to the ibadat, undoubtedly, and I believe for good reason.
The consensus among the scholars on the issue of leadership of salat (imamah), both in terms of leading the actual salat and of delivering the khutba, falls under the laws of 'ibadah, and is not simply a question of social norm. We submit to the form of the salat that the Prophet did, and pray as he did. Just as we cannot decide that the ritual aspect is old-fashioned and we now want to pray sitting in pews, we cannot modify the rules of imamah. A hard pill to swallow for some, perhaps, but the goal is jannah, in the end.
2. Women leading mixed congregations in fard salat does not constitute a grave need, for which ordinary rules of salat and imamah may be set aside.
According to the traditional methodology, the selection of a weaker hukm over a stronger hukm can only be done when there is a dire social or individual need, or a threat of injustice or loss of life. For example, when Umar b. al-Khattab suspended the law of cutting off the hand for theft in a period of hunger, that was a dire need. When one is permitted to consume alcohol or pork when on the verge of death, that is a dire need.
Women leading salat simply does not qualify as a dire need, either individually or socially. Nor does a woman delivering the khutba (which is part of the salat). Nor does bringing the women up to the front or having a mixed congregation. Furthermore, non-engagement in any of these actions does not result in a loss of life or well-being, intellect, property, lineage, or religion. Non-engagement does not constitute injustice. On the level of necessity, then, this proposed hukm does not pass the muster.
This is not to say that there are not grave problems concerning gender equity in our community. Women in the Muslim community generally, and in the mosque in particular, are seen as being "good Muslims" when they are most silent, most unobtrusive, most compliant with male-driven policies. Walls and curtains, crowded and substandard prayer areas, prohibitions from entering the "main" area or going through the "main" door, lack of comfortable and direct access to imams/scholars, gender separation of couples and families upon entrance into the mosque Û all of these contribute to a feeling of alienation among Muslim women. All of these problems, however, should be rectified without violating the sanctity of our 'ibadat.
3. Tarawih and leading one's slaves and kin is fundamentally distinct from jumu'ah, and the rules from one cannot be translated to the other.
Although the majority of scholars said that women cannot ever lead men in jama'ah (congregation) for any prayer, there were a few (such as al-Tabari, al-Muzani, Abu Thawr and Ibn Taymiyya) who made exceptions. The exceptions were based not on any one hadith, such as that of Umm Waraqa, but on all the textual and rational evidences taken together. These exceptions were of two sorts:
1) That a woman may lead salat al-tarawih if there is no male who has memorized the Qur'an, as long as segregation and the rows are maintained, and
2) That a woman may lead her own male kin (her husband, her children, her slaves) in her own household, if she is the most knowledgeable of them.
Each of these exceptions has its particular logic, a logic that cannot be extended to Friday prayer within the existing interpretive methodology.
Tarawih is distinct from jumu'ah in several key respects: Tarawih is a nafl salat, while jumu'ah is a fard salat. Tarawih is ideally offered in one's own home, while jumu'ah is the most public of congregations. Tarawih becomes the grounds for an exception, according to the Hanbali jurists, because of the importance of reciting and hearing Qur'an during the month of Ramadan. So important is it, they reasoned, that if a woman were the only one who had memorized or could read and recite Qur'an, it warranted an exception to the rule of male-led salat. It is very difficult to argue that in an entire locality, there is no man who is capable of leading jumu'ah, while for the much smaller tarawih, it is more likely that a woman may be the one who has memorized most Qur'an.
Leading salat al-fard in one's own household is distinct from jumu'ah in several key respects, which all stem from the fact that in one's own home, the assumption is that one is leading maharim (blood-relatives) only, while the assumption is that in jumu'ah, one is leading mostly ghayr maharim (strangers). The rules for relationship between maharim are well-known: A woman need not cover herself or be as concerned for modesty around her husband, parents, siblings, children. She can touch them, relax, etc.
In short, the jurists who were open to women's imamah still limited their exceptions to tarawih and household salat. They took the hadith of Umm Waraqa seriously, but did not run with it to the point of trampling all the other dala'il, as does the progressive approach to this issue.
4. The hadith of Umm Waraqa does not provide a sufficiently persuasive basis for women leading mixed congregations in salat al-jumu'a.
At most, one might reasonable argue that a woman can lead her own household, as have a minority of jurists. The progressives' argument on the general permissibility of women's imamah hinges in part on the idea that in the hadith of Umm Waraqa, "dar" means area or locality. While this is one of the possible meanings of "dar," it is highly unlikely in this context. For example, no one ever suggests that when the early Muslims prayed at the "dar" of al-Arqam, they were praying in al-Arqam's locality rather than within the confines of his private residence. Perhaps the strongest evidence that "dar" literally means her home is the fact that there are multiple variants of this hadith. While in Tabaqat Ibn Sa'd, the word used is "dar," the version given by Abu Dawud in his Sunan uses the word "bayt," which not only means "home" but even "room within a home."
Nevin Reda's argument (on the MWU site) is particularly inconsistent on the meaning of "dar" in Umm Waraqa's hadith. On one hand, she says that "dar" likely means "area," and that Umm Waraqa was thus designated to be imam of her locality. On the other hand, she says that "dar" means "home," and that Umm Waraqa's home functioned as the jami' masjid of her area. Both readings are speculative, and cannot be used as a basis upon which to construct a general permissibility of women's imamah, especially when there are no other supporting texts for that idea, and when there are several texts indicating that in all other known circumstances, men served as imams over other men.
In the same way, the argument that Umm Waraqa's congregation must have included more than just her 2 slaves and perhaps the elderly man who served as her muezzin can hardly pass as strong evidence for women leading jumu'ah or mixed jama'ah. Likewise, the contention that there must have been more than 3-4 people in order for there to have been a designated muezzin is not strong. There can be a muezzin even for such a small group, and most jurists held that even a lone man doing salat should call adhan for himself. Numbers have nothing to do with the need for a muezzin.
In general, the arguments that are given in support of the upcoming female-led jumu'ah, in combination with the extent of the modifications being made to traditional laws of salat, reflect an ends-justify-the-means approach. It appears that it has already been decided that it is permissible for women to lead a mixed congregation in jumu'ah. Any textual or rational indicants that these rulings might be invalid are conveniently rejected. At the same time, texts that are seen as supporting the pre-determined ruling are championed in a way that is highly selective and methodologically inconsistent.
For the complete article: http://www.altmuslim.com/perm.php?id=1416_0_25_0_C24
Response by Imam Zaid Shakir
Summary and Rulings
Based on the hadith of Umm Waraqa, its possible interpretations, and the other ahadith that mention women leading the prayer during the prophetic epoch, the Sunni jurists have deduced the following rulings:
1. The Shafi’i and Hanbali schools allow for a woman to lead other women in prayer without any restrictions. She can lead such prayers in the mosque or other places. The Hanafis permit a woman to lead other women in prayer. However, they hold it to be disliked. All three of these schools stipulate that the woman leading the prayer should stand in the middle of the front row, without being in front of the women praying along with her. This is based on the description of the prayer led by ‘Aisha and Umm Salama. The Malikis hold that a woman cannot lead other women in the prayer.
2. Of the three Sunni schools that hold it permissible for a woman to lead other women in prayer, none of them hold it permissible to lead men. Although there is a minority opinion in the Hanbali school which permits a woman to lead men in Tarawih, if certain conditions prevail, providing she stands behind them.
3. Imam an-Nawawi mentions the following ruling in the Majmu’, “If a woman leads a man or men in prayer, the prayer of the men is invalid. As for her prayer, and the prayer of the women praying with her, it is sound.” As for Jumu’ah, he mentions the following, “…if a woman leads men in the Jumu’ah prayer, there are two rulings [concerning her prayer]. They have been mentioned by al-Qadi Abu Tayyib in his Ta’liq, the preponderant opinion is that her prayer is invalid, the second is that it is lawfully begun as the noon prayer.”
4. Some modern scholars hold it permissible for a woman to lead men in prayer within the confines of her house, if there are no men qualified to lead the prayer.
Because the arguments in favor of women leading jumu'ah, and mixed congregations generally, is being made using traditional sources and methodology, let me explain why I think their argument is flawed.
1. Salat al-jumu'ah and the requirements of the imamah are issues of worship ('ibadat), and thus should not be modified.
Some might ask, is the issue of women leading salat one of social norms or religious law?
Answer: In a nutshell, the laws of Islam have been divided by the scholars into two broad categories, those that have to do with the rights of God, and those that have to do with the rights of human beings. Certain acts are purely in fulfillment of one, and some the other, and some fulfill both. Prayer, as one of the 'ibadat (forms of worship) has been considered to be almost purely in the category of rights of God. This is in distinction to social, economic and political activities, which are seen as having to do with the rights of human beings.
The jurists gave human interpretation very little scope in modifying the rules regarding the forms of worship. They reasoned as follows: The elements of salat Û its physical format, the formulae read within it, the specifics of the surahs that may be read, the rules regarding special types of salat (such as jumu'ah, eid, janaza), the rules regarding what constitutes tahara (ritual purification), the number of raka'at in each type, the times of day, the alignment of men and women, the khutab Û all of these were established during the life of the Prophet under divine guidance. We simply do not know the reasons for their form. Furthermore, because salat is so critical to proper practice of Islam, it is not an area that one may tamper with.
Thus, the scholars operated according to the principle that the rule (asl) in social laws (mu'amalat) is permissibility (ibahah), and the rule in religious observance ('ibadat) is prohibition (tahrim). In ordinary language, this means that in the area of ordinary life (social and individual), we may assume that a lack of evidences (dala'il) regarding an activity indicates that we can do it. In the area of the ibadat, however, we are to take the opposite approach: Unless there is a dala'il indicating that something is permissible, we are to assume it is prohibited. It is a very conservative approach to the ibadat, undoubtedly, and I believe for good reason.
The consensus among the scholars on the issue of leadership of salat (imamah), both in terms of leading the actual salat and of delivering the khutba, falls under the laws of 'ibadah, and is not simply a question of social norm. We submit to the form of the salat that the Prophet did, and pray as he did. Just as we cannot decide that the ritual aspect is old-fashioned and we now want to pray sitting in pews, we cannot modify the rules of imamah. A hard pill to swallow for some, perhaps, but the goal is jannah, in the end.
2. Women leading mixed congregations in fard salat does not constitute a grave need, for which ordinary rules of salat and imamah may be set aside.
According to the traditional methodology, the selection of a weaker hukm over a stronger hukm can only be done when there is a dire social or individual need, or a threat of injustice or loss of life. For example, when Umar b. al-Khattab suspended the law of cutting off the hand for theft in a period of hunger, that was a dire need. When one is permitted to consume alcohol or pork when on the verge of death, that is a dire need.
Women leading salat simply does not qualify as a dire need, either individually or socially. Nor does a woman delivering the khutba (which is part of the salat). Nor does bringing the women up to the front or having a mixed congregation. Furthermore, non-engagement in any of these actions does not result in a loss of life or well-being, intellect, property, lineage, or religion. Non-engagement does not constitute injustice. On the level of necessity, then, this proposed hukm does not pass the muster.
This is not to say that there are not grave problems concerning gender equity in our community. Women in the Muslim community generally, and in the mosque in particular, are seen as being "good Muslims" when they are most silent, most unobtrusive, most compliant with male-driven policies. Walls and curtains, crowded and substandard prayer areas, prohibitions from entering the "main" area or going through the "main" door, lack of comfortable and direct access to imams/scholars, gender separation of couples and families upon entrance into the mosque Û all of these contribute to a feeling of alienation among Muslim women. All of these problems, however, should be rectified without violating the sanctity of our 'ibadat.
3. Tarawih and leading one's slaves and kin is fundamentally distinct from jumu'ah, and the rules from one cannot be translated to the other.
Although the majority of scholars said that women cannot ever lead men in jama'ah (congregation) for any prayer, there were a few (such as al-Tabari, al-Muzani, Abu Thawr and Ibn Taymiyya) who made exceptions. The exceptions were based not on any one hadith, such as that of Umm Waraqa, but on all the textual and rational evidences taken together. These exceptions were of two sorts:
1) That a woman may lead salat al-tarawih if there is no male who has memorized the Qur'an, as long as segregation and the rows are maintained, and
2) That a woman may lead her own male kin (her husband, her children, her slaves) in her own household, if she is the most knowledgeable of them.
Each of these exceptions has its particular logic, a logic that cannot be extended to Friday prayer within the existing interpretive methodology.
Tarawih is distinct from jumu'ah in several key respects: Tarawih is a nafl salat, while jumu'ah is a fard salat. Tarawih is ideally offered in one's own home, while jumu'ah is the most public of congregations. Tarawih becomes the grounds for an exception, according to the Hanbali jurists, because of the importance of reciting and hearing Qur'an during the month of Ramadan. So important is it, they reasoned, that if a woman were the only one who had memorized or could read and recite Qur'an, it warranted an exception to the rule of male-led salat. It is very difficult to argue that in an entire locality, there is no man who is capable of leading jumu'ah, while for the much smaller tarawih, it is more likely that a woman may be the one who has memorized most Qur'an.
Leading salat al-fard in one's own household is distinct from jumu'ah in several key respects, which all stem from the fact that in one's own home, the assumption is that one is leading maharim (blood-relatives) only, while the assumption is that in jumu'ah, one is leading mostly ghayr maharim (strangers). The rules for relationship between maharim are well-known: A woman need not cover herself or be as concerned for modesty around her husband, parents, siblings, children. She can touch them, relax, etc.
In short, the jurists who were open to women's imamah still limited their exceptions to tarawih and household salat. They took the hadith of Umm Waraqa seriously, but did not run with it to the point of trampling all the other dala'il, as does the progressive approach to this issue.
4. The hadith of Umm Waraqa does not provide a sufficiently persuasive basis for women leading mixed congregations in salat al-jumu'a.
At most, one might reasonable argue that a woman can lead her own household, as have a minority of jurists. The progressives' argument on the general permissibility of women's imamah hinges in part on the idea that in the hadith of Umm Waraqa, "dar" means area or locality. While this is one of the possible meanings of "dar," it is highly unlikely in this context. For example, no one ever suggests that when the early Muslims prayed at the "dar" of al-Arqam, they were praying in al-Arqam's locality rather than within the confines of his private residence. Perhaps the strongest evidence that "dar" literally means her home is the fact that there are multiple variants of this hadith. While in Tabaqat Ibn Sa'd, the word used is "dar," the version given by Abu Dawud in his Sunan uses the word "bayt," which not only means "home" but even "room within a home."
Nevin Reda's argument (on the MWU site) is particularly inconsistent on the meaning of "dar" in Umm Waraqa's hadith. On one hand, she says that "dar" likely means "area," and that Umm Waraqa was thus designated to be imam of her locality. On the other hand, she says that "dar" means "home," and that Umm Waraqa's home functioned as the jami' masjid of her area. Both readings are speculative, and cannot be used as a basis upon which to construct a general permissibility of women's imamah, especially when there are no other supporting texts for that idea, and when there are several texts indicating that in all other known circumstances, men served as imams over other men.
In the same way, the argument that Umm Waraqa's congregation must have included more than just her 2 slaves and perhaps the elderly man who served as her muezzin can hardly pass as strong evidence for women leading jumu'ah or mixed jama'ah. Likewise, the contention that there must have been more than 3-4 people in order for there to have been a designated muezzin is not strong. There can be a muezzin even for such a small group, and most jurists held that even a lone man doing salat should call adhan for himself. Numbers have nothing to do with the need for a muezzin.
In general, the arguments that are given in support of the upcoming female-led jumu'ah, in combination with the extent of the modifications being made to traditional laws of salat, reflect an ends-justify-the-means approach. It appears that it has already been decided that it is permissible for women to lead a mixed congregation in jumu'ah. Any textual or rational indicants that these rulings might be invalid are conveniently rejected. At the same time, texts that are seen as supporting the pre-determined ruling are championed in a way that is highly selective and methodologically inconsistent.
For the complete article: http://www.altmuslim.com/perm.php?id=1416_0_25_0_C24
Response by Imam Zaid Shakir
Summary and Rulings
Based on the hadith of Umm Waraqa, its possible interpretations, and the other ahadith that mention women leading the prayer during the prophetic epoch, the Sunni jurists have deduced the following rulings:
1. The Shafi’i and Hanbali schools allow for a woman to lead other women in prayer without any restrictions. She can lead such prayers in the mosque or other places. The Hanafis permit a woman to lead other women in prayer. However, they hold it to be disliked. All three of these schools stipulate that the woman leading the prayer should stand in the middle of the front row, without being in front of the women praying along with her. This is based on the description of the prayer led by ‘Aisha and Umm Salama. The Malikis hold that a woman cannot lead other women in the prayer.
2. Of the three Sunni schools that hold it permissible for a woman to lead other women in prayer, none of them hold it permissible to lead men. Although there is a minority opinion in the Hanbali school which permits a woman to lead men in Tarawih, if certain conditions prevail, providing she stands behind them.
3. Imam an-Nawawi mentions the following ruling in the Majmu’, “If a woman leads a man or men in prayer, the prayer of the men is invalid. As for her prayer, and the prayer of the women praying with her, it is sound.” As for Jumu’ah, he mentions the following, “…if a woman leads men in the Jumu’ah prayer, there are two rulings [concerning her prayer]. They have been mentioned by al-Qadi Abu Tayyib in his Ta’liq, the preponderant opinion is that her prayer is invalid, the second is that it is lawfully begun as the noon prayer.”
4. Some modern scholars hold it permissible for a woman to lead men in prayer within the confines of her house, if there are no men qualified to lead the prayer.
For the complete article: http://www.pmuna.org/archives/female_imam-3.pdf
