Is it permissible for the ruler to oblige Muslims to adopt a single opinion on controversial issues regarding which the predecessors differed, and to punish those who dissent, such as concerning the covering of the face and hands for women, or the growing of the beard for men, or the shortening of garments?
The issue can be summarized as follows: A ruler does not obligate his subjects to a specific opinion except according to certain regulations and conditions. In matters upon which scholars have reached a consensus, or which are indicated by clear and authentic texts with only a weak dissenting opinion, the ruler must obligate people to them. However, in matters where there are religious texts and a strong difference of opinion, the ruler does not obligate people to a specific opinion unless a legitimate public interest necessitates it, and provided that the enforced opinion does not place those who hold the other opinion in religious difficulty. As for matters of ijtihad (independent reasoning) for which there is no specific religious text, the Imam may obligate what he deems to be in the interest of the Muslims, provided that the Imam is a knowledgeable, mujtahid (one who exercises ijtihad), and just scholar, or consults the people of authority and influence, and that this obligation is practical, not theoretical. If these conditions are met, a dissenting individual may be punished as a deterrent to corruption and to achieve a public interest.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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