Violations of Ibn Hazm to the Majority of Jurists in the Provisions of the Private Parts Related to Women

Abstract

  This study discussed the Islamic rulings of the woman's Awrah, in which Ibn Hazm disagreed with the majority of jurists (Jumhur Al-Foqhaa) , using the inductive approach, to gather the doctrinal issues relating to Awara, in his book (Almuhalla).

The researcher also used the descriptive approach to present opinions and evidences, then he used the critical, comparative and analytical approach, to discuss and weight opinions.

At the beginning of the study an introduction about Ibn Hazm and his doctrinal approach, followed by three investigations: the first: the woman's Awrah (the private area that must be covered) in front of her Mahrams (those she cannot marry) of men, the second: the woman's Awrah in front of other women, and the third: the Awrah of the Amah (a female slave).  The study found that Ibn Hazm's opinion regarding the Amah was the strongest, which is that it is a free woman’s Awrah,

and that the most correct opinion about a woman's Awrah in front of her Mahrams as well as in front of other women is what is usually shown in the normal clothes of the profession.