What is the ruling on the اختلاف الأئمة (scholarly differences) among the imams in jurisprudential matters, such as the hijab, given the existence of societal constraints that prevent adherence to a specific opinion, and is the questioner's hijab considered شرعي (Islamically lawful) despite her not wearing a khimar?
The Companions used to receive religious rulings directly from the Prophet. After his passing, jurisprudential disagreements emerged due to various reasons, such as: the evidence not reaching a scholar, a scholar distrusting the narrator, forgetting a , misunderstanding the intended meaning, not knowing the abrogating text, believing in a stronger opposing evidence, or relying on a weak hadith.
The Muslim's stance regarding disagreements: 1. The one proficient in knowledge: Follows what he believes to be correct based on evidence. 2. The layman: Asks someone whose knowledge, trustworthiness, and religiosity he trusts. He is not obliged to change what he practices merely upon hearing another , unless he becomes certain that the truth lies with the other .
The preponderant view is the obligation for women to cover their faces from non- men, based on evidence and the statements of many scholars. Allah (the Exalted) said: “And when you ask [his wives] for anything, ask them from behind a partition.” (Al-Ahzab/33:53). Ibn al-Arabi and Al-Qurtubi said: The entire woman is 'awrah, both her body and her voice, and it is not permissible to expose that except out of necessity.
If laws prohibit covering the face and a woman fears harm, there is no blame upon her for leaving it uncovered to the extent of the necessity, provided that this is only for a need. If she can disobey and endure minor harm, then let her do so, for there is no obedience to a creature in disobedience to the Creator.
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