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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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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Original fatwa ID
8344
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