Unfortunately, this is often claimed today, but no, the madhabs agree on what 'awrah of women is. They unanimously believe that this involves her entire body, including her hands and face, which is a strong argument for the Niqab being obligatory.
The later scholars and followers of madhabs differ on it, but the founders of the schools (Imam Malik, Imam Shafi'i and Imam Ahmad) do not.
Maliki madhab:
It is believed that the Maliki madhab believes that the hands and face are not covered by 'awrah. Unfortunately, this is not correct, and this is a misconception, because the founder (Imam Malik) goes against this.
The later Malikis differed on the concept of 'awrah of women, which is why people believe that it originated from the madhab. But that is not the case as we will present to you the correct understanding of the Maliki madhah regarding covering the face and hands of women.
Arabic:
:
أن مالكا كان يوسع للمرأة أن تسدل رداءها من فوق رأسها على وجهها إذا أرادت سترا فان كانت لا تريد سترا فلا تسدل
[المدونة باب الحج 2/461]
English:
Ibn Al-Qasim (companion of Imam Malik) said:
Malik allowed the woman to lower her robe from above her head over her face if she wanted a covering, and if she wanted to uncover her face, that she may do that.
[Al-Muduwanah, Chapter of Hajj 2/461 of Ibn Said Sahnun]
As soon as the context of this statement is unknown, all kinds of conclusions will arise. So people would conclude out of it that Imam Malik would not have been strict about the woman covering her face.
Imam Malik's statement concerned Hajj's situation. It is forbidden to wear a tied veil in Hajj. Therefore, the Sahabiyat did not wear a tied Niqab, but had a veil on their heads, which they then lowered.
It is therefore not compulsory for women to keep wearing the face veil in Hajj. It is actually Haram to wear a tied face veil that cannot be uncovered in Hajj. For the face of women must be uncovered during Hajj, but when men can see them, they should lover their veils over their faces.
So the statement of Imam Malik was concering the face veil on Hajj. That has a different ruling to other situations.
The Prophet (ﷺ) said:
"A Muhrima (a woman in the state of Ihram) is not allowed to wear a Niqab (tied face veil) or gloves."
[Sahih al-Bukhari 1838]
'Aisha radiyAllahu 'anha would lower her face veil when men came into view, and when they left she lifted her face veil again.
'Aisha radiyAllahu 'anha said:
Horsemen would pass us when we accompanied the Messenger of Allah (ﷺ) in the state of Ihram (during Hajj). When they got close, one of us lowered her outer garments from her head over her face, and when they passed, we uncovered our faces.
[Sunan Abi Dawud 1833]
Argument 2 of the Malikis
Arabic:
ونقل عبد الملك بن حبيب (ت238هـ) في الواضحة عن الإمام مالك أنه قال : «وتصلي المرأة الحرة في الدرع الخصيف يستر ظهور قدميها في الركوع والسجود، وخمار يستر كتفيها وقصتها ودلاليها، ولا يظهر منها غير دور الوجه والكفين» . كما في النوادر
والزيادات لابن أبي زيد (1/205)
English:
Abd al-Malik bin Habib (student of Malik ibn Anas) reported that Imam Malik said:
"The free woman prays in a thick and covering garment that covers the backs and her feet when bowing and kneeling, and a veil covering her shoulders and her form, and nothing of her appears except of the face and hands."
[Al-Anwadir wal-Ziyadat 1/205 by Ibn Abi Zayd al-Qayrawani]
It is narrated from Imam Malik that the woman uncovers the face and hands in prayer. This does not apply to other situations when she is outside for example.
The prayer has specific rulings, and cannot be used to say women do not have to cover their face and hands outside of prayer.
Argument 3 of the Malikis
The following argument is often used. People claim that Imam Malik would allow a young woman to eat with a non-mahram. The man would then see her face and hands, using this as proof that the face and hands are not 'awrah.
Arabic:
سأل يحيى الإمام مالك: هل تأكل المرأة مع غير ذي محرم منها أو مع غلامها؟ فقال مالك: بذلك بأس إذا كان ذلك على وجه ما يُعرفُ للمرأة معه من الرجال : وقد تأكل المرأة زوجها ومع غيره يؤاكله".
[2/934 للإمام مالك]
English:
Yahya asked Imam Malik:
"Does a woman eat with a person who is not her mahram or with her slave?" Malik replied, "There is nothing wrong with that. A woman may eat with her husband and with someone else who eats with him."
[Al-Muwatta 2/934 by Imam Malik]
In his opinion, it is no problem for an (old) woman to eat with a non-mahram. Her face and hands are not 'awrah for her, but for a young woman they are. 'Ali ibn Al-Jahm (one of the Salaf) goes in on the statement of Imam Malik.
Arabic:
قال علي بن الجهم مفسرا كلام مالك:"يعني العجوز المتجالة، وقد تأكل مع زوجها ومع غيره ممن تواكله، ولا تخلو مع رجل ليس بينه وبينها حرمة"
(الجامع في السنن.ابن أبي زيد ص214)
English:
'Ali bin al-Jahm said:
"Concerning Malik's words about the woman who eats with non-mahram: It means the old woman. And she may eat with her husband and with others with whom she eats, and she cannot be alone with a non-mahram man.”
(Al-Jami`fi al-Sunan Ibn Abi Zaid page 214)
In this we see that the argument people make when bringing up the statement of Imam Malik, is incorrect. For Imam Malik meant the old woman and not the young woman. The two differ in what they must cover in front of others.
In the following statement we see that Imam Malik was very strict on a man not being allowed to greet the young woman. This is to prevent Fitnah, so what about eating food together?!
Arabic:
"قال يحيى:"سئل مالك، هل يسلم على المرأة؟ فقال: أما المتجةال[العجوز]، فلا أكره ذلك، وأما الشابة، فلا أحب ذلك
[الموطأ 3526]
English:
Yahya said:
Malik was asked, can a man greet a woman? He (Malik) replied, "As for the old woman, I don't hate it, but as for the young woman, I don't like it."
[Al-Muwatta 3526 of Imam Malik]
Argument 4 of the Malikis
The following statement is used to claim that the face and hands are not 'awrah. For example, it is said that the woman may show her face and hands to non-mahram men.
Arabic:
قال ابن القاسم للإمام مالك، وهو يتكلم عن الظهار: « قلت: أرأيت المرأة إذا ظاهر منها زوجها هل يجب عليها أن تمنعه نفسها؟
: مالك: نعم، تمنعه نفسها قال: ولا يصلح له أن ينظر شعرها ولا إلى صدرها .
: لمالك أفينظر فقال: وقد ينظر غيره أيضا إلى وجهها» .
2/ 334-335
English:
Ibn Al Qasim asked Imam Malik what a woman can show to her husband when getting married:
"Can he see her face?" Imam Malik replied, yes, but don't look at her hair or her chest. And others can also see her face (as a witness at the ceremony).
[Al-Muduwanah 2/334-335 by Ibn Said Sahnun]
Here the Imam says that it is permissible for the woman to uncover her face in a specific situation. This statement is often taken out of context, making it seem to apply that she may uncover her face in every situation. But that is not correct.
Imam Malik's statements concerning of what is 'awrah for women
Now let's take a look at an apparent statement of Malik ibn Anas (Imam Malik) regarding the 'awrah of women. Thus we will see that the face does fall under 'awrah.
Arabic:
: إذا قال: لها أنت طالق ثلاثًا فجحدها؟
: مالك: لا تتزين له، ولا يرى لها شعرًا، صدرًا، ولا وجهًا، إن على ذلك، ولا يأتيها إلا وهي كارهة ولا تطاوعه.
- (2/95) / الأيمان بالطلاق
English:
Imam Malik was asked, what if a man pronounces talaq (divorce) on his wife 3 times?:
"She must then no longer adorn herself for him, and he must not see her hair, nor her breast, nor her face. (because he is no longer her mahram)"
[Al-Mudawannah 2/95 by Ibn Said Sahnun]
Here we can see that a woman must cover her face in front of non-mahram men. As for the hands, these are also 'awrah within the madhab of Imam Malik. We can see this in the next statement:
Arabic:
سُئل الإمام مالك عن الرجُلِ يَشتري الجارية؛ أن ينظُرَ إلى كفَّيها؟ : أنْ لا به بأسٌ.
[البيان والتحصيل 7/296]
English:
Imam Malik was asked about a man who buys a maidservant:
"Can her palms be looked at? He said, I hope there's nothing wrong with looking at it."
[Al-Bayan and Al-Tahseel 7/296]
And it is known that the maidservant is not 'awrah, but the Imam replied with a reply of doubt. He replied, "I hope there's nothing wrong with it." So how can it be freely attributed to him that the free woman's hands are not 'awrah?!
Shafi'i madhab:
There is also some ambiguity about the madhab of Shafi'i, as it is claimed that Imam Shafi'i believes that the face and hands are not 'awrah. Let's dive into the madhab to find out if that is true.
Argument 1 of the Shafi'is
Arabic:
قال الإمام الشافعي : «وعورة الرجل ما دون ركبتيه ليس سرته ركبتاه من عورته ، المرأة أن في الصلاة بدنها ، ما عدا كفها ووجهها» .
[الأم، باب الصلاة 1/ 109]
English:
Imam Shafi'i said:
"A man's awrah is that which is below his navel to his knees. Neither his navel nor his knees are part of the 'awrah (i.e. only what falls in between), and the woman must cover her whole body in prayer, except her hands and face.”
[Al-Umm, Chapter of Prayer 1/109 of Imam Shafi'i]
Often people use this statement to show that the face and hands are not 'awrah, but this is incorrect. The saying of Shafi'i refers to what should be covered in the prayer, and not outside it.
Argument 2 of the Shafi'is
The following statement is used as proof that the hands and face are not 'awrah. For example, they say that the woman may show her face and hands to non-mahram men.
Arabic:
ونقل المزني عن الشافعي: «قال : وإذا أراد أن يتزوج المرأة فليس له أن ينظر إليها حاسرة وينظر إلى وجهها وكفيها وهي متغطية بإذنها وبغير إذنها قال الله تعالى {ولا يبدين زينتهن إلا ما ظهر منها} [النور: 31] قال الوجه والكفان »
[مختسر الصفحة 219 النكاح]
English:
Al-Muzani (student of Shafi'i) said that Imam Shafi'i said:
“If a man wishes to marry a woman, he has the right to look at her face and hands, with or without her consent. {And tell the believing women to lower their gazes and guard their chastity and not their beauty than that which is visible of it. (Surah Nur verse 31)}, this verse pertains to the face and the hands."
[Mukhtasar, chapter of Nikaah page 219 of Al-Muzani]
As you can see, this statement refers to a specific situation. The situation is about when a man is interested in a woman, and wants to see her for the sake of wanting to marry her.
Imam Shafi's statements concerning of what is 'awrah for women
Imam Shafi'i, like Imam Malik, also simply believes that the face and hands are to be covered. Let's look at a clear statement from Imam Shafi'i about what the 'awrah of women is in front of non-maharim men.
Arabic:
قال الإمام الشافعي: وأحب للمشهورة بالجمال أن تطوف وتسعى ليلاً، وإن طافت بالنهار سدلت ثوبها على وجهها أو طافت في ستر
[كتابه الأم ط الوفاء ج3/ص 245]
English:
Imam al-Shafi'i said:
"It is preferable for a woman to perform Tawaf (walk around Ka'baa) at night. If she wants to do it during the day, she does it while covering her face with a veil hanging over her face."
[Al-Umm volume 3 page 245 of Imam Shafi'i]
Imam Shafi'i says here that the woman covers her face even in Hajj. How can it be attributed to him that he does not see the woman's face as 'awrah, when he says that she must cover it?
The Imam even prefers that the woman perform her Tawaf at night, for there is less chance of men seeing her at that time.
Hanbali madhab:
The madhab of Ahmad ibn Hanbal is the most clear regarding the covering of women. Several statements have been made by the Imam so that there is no ambiguity.
Still, some want to claim differences of opinion on this, but these are incorrect when we can observe the direct statements of the Imam.
Arabic: 18 - أخبرني أحمد بن محمد بن مطر، : حدثنا أبو طالب، أنه أبا عبد الله يقول : المرأة عورة، واذا خرجت فلا يبين لا يدها ولا ظفرها ولا الخف يصف القدم، إلى عند يدها، يدها يدها لا يبين منها شيء.
أحكام النسا ص32 من ابو بكر الخلال
English:
Imam Ahmad said:
"The woman's nail is an 'awrah, and when she goes out, her hand, fingernails and feet should not be visible, for the leather shoes describe her foot. And I like it if she covers her hands with long gloves, so that nothing of her hands is visible.
[Ahkam an-Nisa page 32 athar 18, from Al Khallal]
Everything about the woman is 'awrah, even her face. There is, however, a difference between the young and the old woman. The young woman covers her face, but the old woman is not obliged to.
Arabic:
9 - أخبرني حرب بن إسماعيل، قال: قيل لأحمد: الرجل يكون في السوق، يبيع تشتري منه، فيرى كفها ونحو ذلك، فكره ذلك، وقال: كل شيء من المرأة عورة، قيل له: فالوجه؟ : كانت شابة تُشتهى فإني كره ذلك، وإن كانت عجوزَا رجوت.
English:
Harb bin Ismail reported that Imam Ahmad said:
"A man is in the market, selling and buying. Women are buying from him, and he sees her hand and so on." to which Imam Ahmad replied, "Everything of the woman is 'awrah", so he was asked, "What about the face?" and Imam Ahmad said: "If she is a young woman, I do not like it, and if she is an old woman, I hope there is nothing wrong with that."
[Ahkam an-Nisa page 30 athar 9, of Al Khallal]