the legality of aurah..

this article is written by a friend of mine and i would like to share it with the viewers...this is the way law students think about the legality of aurah..maybe there's some law terms which you wouldn't understand but u may guess it..enjoy reading ya:)

Firstly, we need to identify whether the defendants (people who show their aurah) owe a duty of care

towards the plaintiffs (people who see their aurah).

Establishing the Neighbour Principle from Donoghue v Stevenson and its extension from Home Office v

Dorset Yacht, a duty of care arises when a person is a neighbour to another in law, whereby

the act or omission towards the plaintiff is foreseeable.

Therefore, we can justify. Are the defendants 'neighbour' to the plaintiffs?

Would their act of showing aurah affect the plaintiffs who suffer (sanctions from God)

foreseeable enough?

In Islamic principle, every Muslim is tied by brotherly + sisterly links.

Hence, it clearly shows that all of them are linked thus neighbour in law.

In short, the defendants could foresee the sanctions which could be suffered by the plaintiffs

because of their act.

Are the plaintiffs consent to the act by seeing the aurahs by themselves?

Or in other words, do VNFI applies?

In proving VNFI as a defence, the defendants must establish a few elements:

*Full knowledge of the plaintiff

*Done freely and voluntarily by the plaintiff

If they can prove that:

Plaintiffs themselves offer their own sights to see the aurah and they act upon it voluntarily,

then VNFI applies.

"Hey, I don't ask to see your aurah! It's an act of God. It just happens."

Do they entitled to claim for the defence of act of God?

A few discussions have been done on this issue, and what can be concluded is the claim

can only succeed in dharurah condition, which is inevitable, necessary and without illegal intentions.

Looking deep into principles in Caparo v Dickman which followed later in

Stephen Phoa Cheng Loon v Highland Properties, three elements provided:

1- loss is foreseeable (Well, you can predict - once you see, one dosa comes in)

2- sufficient proximity (Of course there is. If not, who are you - you dare to admit you're a Muslim?)

3- fair, just, reasonable (Think again. Is it just to torture other people's sights?)

In conclusion, covering aurah is a legal duty imposed on every Muslim, regardless of your gender.

If you breach it, you will be entitled for the act. But oh, sorry, there are no legal damages can be

awarded if you claim for their wrongful act. Save yourself la!

p/s: this note is not only for girls ya but also boys...i'm not perfect person but when i read this article i become more understand why Allah asked us to cover our aurah..