Question:
Assalamualaikum w.b.t. I got an offer to work in a private company and I am asked to take off my headscarf during working and shall wear the uniform prepared by the company which is not covering the awrah. If I do not obey, actions will be taken by them. My question is, shall I follow the conditions set by the company?
Brief Answer:
In conclusion, the command for a Muslim to cover his or her awrah is wajib. Therefore, a Muslim worker shall not obey the employer’s command which contradicts with the religious command because religious command is a prioritised command. We are of the opinion that the job offer shall be rejected as the job is calling upon Allah’s wrath. By the will of Allah, the rejected offer or job today will surely be replaced by a better replacement.
This is because Allah SWT states that He provides a way out from all hardships as well as provision from unexpected sources to those who are God-fearing to Him.
We also would like to remind the employers especially Muslims to always be aware of matters that becomes the sensitivity of the Muslims especially in the aspect of clothing for Muslim staffs, in which it shall cover their awrah and do not give command that contradicts the shari’a like taking off the headscarf or wearing tight clothes during working.
Explanation:
The obligation of covering the awrah for each Muslim is thabit on its ruling from al-Quran and hadith. The command to cover the awrah is mentioned clearly in Surah al-Ahzab verse 59 and Surah al-Nur verse 31. Allah SWT says:
يَا أَيُّهَا النَّبِيُّ قُل لِّأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَاءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِن جَلَابِيبِهِنَّ ۚ ذَٰلِكَ أَدْنَىٰ أَن يُعْرَفْنَ فَلَا يُؤْذَيْنَ ۗ وَكَانَ اللَّـهُ غَفُورًا رَّحِيمًا
O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful.
Surah al-Ahzab (59)
Allah SWT says in another verse:
وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ أَوْ آبَاءِ بُعُولَتِهِنَّ أَوْ أَبْنَائِهِنَّ أَوْ أَبْنَاءِ بُعُولَتِهِنَّ أَوْ إِخْوَانِهِنَّ أَوْ بَنِي إِخْوَانِهِنَّ أَوْ بَنِي أَخَوَاتِهِنَّ أَوْ نِسَائِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ أَوِ التَّابِعِينَ غَيْرِ أُولِي الْإِرْبَةِ مِنَ الرِّجَالِ أَوِ الطِّفْلِ الَّذِينَ لَمْ يَظْهَرُوا عَلَىٰ عَوْرَاتِ النِّسَاءِ ۖ وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ ۚ وَتُوبُوا إِلَى اللَّـهِ جَمِيعًا أَيُّهَ الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ
And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers, their brothers' sons, their sisters' sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women. And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed.
Surah al-Nur (31)
Ibnu Kathir brings upon a hadith narrated by al-Bukhari when commenting on the phrase (وَلۡيَضۡرِبۡنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّۖ) that when the earliest women who migrate heard of this verse, they quickly obey the command to cover the awrah. (Refer Tafsir Ibn Kathir 46/6)
According to the narration:
عَنْ عَائِشَةَ ـ رضى الله عنها ـ قَالَتْ يَرْحَمُ اللَّهُ نِسَاءَ الْمُهَاجِرَاتِ الأُوَلَ، لَمَّا أَنْزَلَ اللَّهُ )وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ( شَقَّقْنَ مُرُوطَهُنَّ فَاخْتَمَرْنَ بِها
Narrated by `Aishah: May Allah bestow His Mercy on the early emigrant women. When Allah revealed: "... and to draw their veils all over their Juyubihinna (i.e., their bodies, faces, necks and bosoms) ..." (V.24:31) they tore their Murat (woollen dresses or waist-binding clothes or aprons etc.) and covered their heads and faces with those torn Muruts.
Sahih al-Bukhari (4758)
Dalils from al-Quran and hadith stated above clearly states on the obligation for women to cover their awrah and wearing headscarf. Therefore, it is haram for women to take off their headscarves or hijab and showing their awrah in front of non-Mahrams. When Allah SWT and His Prophet PBUH command to do something, it shall not be taken lightly. Allah SWT says:
لَّا تَجْعَلُوا دُعَاءَ الرَّسُولِ بَيْنَكُمْ كَدُعَاءِ بَعْضِكُم بَعْضًا ۚ قَدْ يَعْلَمُ اللَّـهُ الَّذِينَ يَتَسَلَّلُونَ مِنكُمْ لِوَاذًا ۚ فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَن تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ
Do not make [your] calling of the Messenger among yourselves as the call of one of you to another. Already Allah knows those of you who slip away, concealed by others. So, let those beware who dissent from the Prophet's order, lest fitnah strike them or a painful punishment.
Surah al-Nur (63)
However, in this question, the employer puts a condition of asking the staff to abandon religious obligation which is covering the awrah completely, so it is considered as command to disobey Allah SWT which shall not be obliged. Besides, there are hadiths from several narrations like al-Bukhari, Abu Dawud, al-Tirmidhi which state that obeying the ruler is wajib as long as it is not towards disobeying of Allah’s command.
السَّمْعُ وَالطَّاعَةُ حَقٌّ، مَا لَمْ يُؤْمَرْ بِالْمَعْصِيَةِ، فَإِذَا أُمِرَ بِمَعْصِيَةٍ فَلاَ سَمْعَ وَلاَ طَاعَةَ
"It is obligatory for one to listen to and obey (the ruler's orders) unless these orders involve one disobedience (to Allah); but if an act of disobedience (to Allah) is imposed, he should not listen to or obey it."
Sahih al-Bukhari (2955), Sunan Abi Dawud (2626) and Jami’ al-Tirmidhi (1707)
Imam Badruddin al-Aini when commenting on this hadith states that the command from a ruler or in this context, employer commanding us to do something, hence, the command shall be obliged by as long as it is not disobeying or committing something of Allah’s wrath.
إِذْ طَاعَة أوامرهم وَاجِبَة مَا لم يَأْمر بِمَعْصِيَة وإلَاّ فَلَا طَاعَة لمخلوق فِي مَعْصِيّة الْخَالِق
Therefore, obeying their command is wajib, unless the command towards disobedience and there is no obedience towards the creatures while disobeying the Creator. (Refer ‘Umdatul Qari Syarh Sahih Bukhari 221/14)
Besides, there is also a hadith narrated by Imam Ahmad which carries the same meaning; one shall not obey the leader or employer if the matter is a disobedience towards Allah.
لا طاعةَ لمخلوقٍ في معصية الخالق
No obedience towards the creations while disobeying the Creator.
Musnad Ahmad (1095)
Conclusion
In conclusion, the command for a Muslim to cover his or her awrah is wajib. Therefore, a Muslim worker shall not obey the employer’s command which contradicts with the religious command because religious command is a prioritised command. We are of the opinion that the job offer shall be rejected as the job is calling Allah’s wrath. By the will of Allah, the rejected offer or job today will surely be replaced by a better replacement.
This is because Allah SWT states that He provides a way out from all hardships as well as provision from unexpected sources to those who are God-fearing to Him.
وَمَن يَتَّقِ اللَّـهَ يَجْعَل لَّهُ مَخْرَجًا ﴿٢﴾ وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ۚ وَمَن يَتَوَكَّلْ عَلَى اللَّـهِ فَهُوَ حَسْبُهُ ۚ إِنَّ اللَّـهَ بَالِغُ أَمْرِهِ ۚ قَدْ جَعَلَ اللَّـهُ لِكُلِّ شَيْءٍ قَدْرًا ﴿٣﴾
And whoever fears Allah - He will make for him a way out (2) And will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent. (3)
Surah al-Talaq (2-3)
We also would like to remind the employers especially Muslims to always be aware of matters that becomes sensitivity of the Muslims especially in the aspect of clothing for Muslim staffs, in which it shall cover their awrah and do not give command that contradicts the shari’a like taking off the headscarf or wearing tight clothes during working.
Wallahu a’lam.
Bibliography
Badruddin al-‘Aini. ‘Umdatul Qari Syarh Sahih Bukhari. Published by Dar Ihya’ Turath al-Arabiyy
Ibn Kathir. 1999. Tafsir Ibn Kathir. Published by Dar Taibah lil Nasyr wa al-Tauzi’