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The question

Is it permissible to act upon the opinion of those who say that disbelievers are not addressed by the branches of Sharia, especially concerning the sale of revealing clothing to non-Muslim women, of whom it is certain that they will use it in front of non-mahrams, taking into consideration the existence of large Muslim-owned commercial entities based on this work, and is the rule "whoever is afflicted with something may imitate the one who permitted it" sound?

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

A Muslim's residence in the lands of the disbelievers is not permissible unless there is security from temptation (fitna) and the ability to openly practice the rituals of the religion. It is preferable to reside in Muslim lands.

Selling forbidden things to disbelievers, such as revealing clothing to non-Muslim women, is not permissible due to the Prophet's (peace and blessings be upon him) saying: "May Allah curse the Jews; fat was forbidden to them, so they sold it and consumed its price. Indeed, when Allah Almighty forbids the consumption of something, He also forbids its price." Disbelievers are addressed by the ancillary rulings, and as a result, selling forbidden things to them is unlawful.

The rule "whoever is afflicted with something may follow whoever permits it" is not valid to adopt, because neither the one giving the nor the one seeking it can follow their whims. Rather, it is obligatory to follow what is most preponderant and closest to the evidence.

Following the dispensations (rukhsa) of the madhhabs without a valid reason is considered فسق (transgression), and combining different madhhabs with the intention of seeking out dispensations is prohibited.

Religion is ease, and necessities permit prohibitions within their legal frameworks, not based on whims and desires.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
106849
Imported
Translation status
Source text, unreviewed
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