This may help the discussion, inshallah:
Obviously if a woman was going to be searched she should be allowed to insist on a female, be that a police officer or doctor.
Question: As-Salamu `alaykum. I was watching a TV program that broadcasts some court cases. When I tuned to this channel, it was about a Muslim woman who is suing the State of Florida's Vehicle and License Department because it asked her to remove her face veil (niqab) so that an ID photo can be taken. One of the Muslim leaders in that state was on the cross-examination and argued that the woman can remove her niqab only in case of death!
What would you say to Muslim women who live in the West generally and in the US particularly about the issue of niqab? Is it so difficult to remove the niqab that she must file a case against the State, which doesn't even require her to uncover her hair, as some states do require for the drivers' license?
Answer: Dear brother, we commend your eagerness to become well acquainted with the teachings of Islam, which is the way Allah has chosen for the welfare of His servants.
As for your question, bear in mind that the majority of Imams — including those of the four schools of fiqh as well as others — hold the opinion that a woman is not obliged to cover her face and hands. However, a group of scholars, the majority of whom belong to the Hanbali School, teach that a woman must cover her face and hands as well.
It goes without saying that Muslims precede others in keeping the public interest and security of the nation. Therefore, if the law governing a given country requires uncovering the face of the woman for genuine reasons, such as identification, the Muslim woman, like all other women, abides by the law.
In response to your question, the prominent Muslim scholar, Sheikh Muhammad Iqbal Nadvi, Imam of Calgary Mosque, Alberta, Canada, and Former Professor at King Saud University, Riyadh, Saudi Arabia, states:
“The issue of niqab (covering the whole body including the face and hands) is a basic condition of hijab (Muslim woman’s dress) in one school of fiqh, while it is recommended part of hijab in other schools. But what is agreed upon in all schools is to remove the niqab[i.e., to uncover the face]) for some genuine reasons such as identification or medical purpose.
The case you mentioned may be a reason to remove the niqab if the police officer is in need to do so, and there is a legal requirement by the law to show the face, regardless of the faith and this applies to all faiths.
However, this should not be a way of discrimination against a veiled woman just to tease her. Therefore, the sister has to insist on her right to use niqab and fight for this right IF she is targeted for discrimination and the law does not require showing the face.”
Dr. Rif`at Fawzi, professor of Shari`ah at Cairo University, adds:
“It is permissible, as far as Shari`ah is concerned, to remove the niqab (face cover) for some genuine reasons such as identification or to get a photo for ID or driving license.
Therefore, if a Muslim woman is asked to remove the face cover to get a photo for such genuine reasons, then she is permitted to do so and Almighty Allah will forgive such matters. Added to that, she will keep the photo and such matters are pardoned for the facilitation of the affairs of people.”
