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Last Update: 10:37 GMT, Wednesday, Dec. 02, 2009

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Name of Questioner

Luciano

Title

Lesser Hijab for French Muslim Women: Acceptable?

Question

Dear Sheikh! As-Salamu `alaykum! Muslim women and girls in France face a critical situation these days regarding the wearing of hijab. Are they allowed to take hijab off under the current pressure?

Date

22/Dec/2003

Name of Counsellor

Group of Muftis

Topic

Dress & Adornment

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner! thank you for your question and the confidence you place in our service and we pray to Allah to enable us render this service purely for His Sake.

There should be some suffering in this world for the upholders of truth so that their true colors may be seen and their courage in defending the truth may be mustered.

It is the law of Almighty Allah to test His beloved servants to see if they will stick to the truth or leave it at the first lash of suffering. This is to make them feel that gaining Paradise is not easy. Almighty Allah says: “Or think ye that ye will enter Paradise while yet there hath not come unto you the like of (that which came to) those who passed away before you? Affliction and adversity befell them, they were shaken as with earthquake, till the messenger (of Allah) and those who believed along with him said: When cometh Allah’s help? Now surely Allah’s help is nigh.” (Al-Baqarah: 214)

In facing oppression and suppression, a Muslim should be strong and never succumb to the deplorable situation. But he or she must not resort to violence, but, rather, use wisdom. What is happening these days in France may happen in any other country. Muslims must understand the lesson and never dance to the others’ tune.

Focusing on the question, the prominent Muslim scholar Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

“I think it is better for them to resist as best as possible, for surely Allah guides those who remain steadfast in their struggle for His Sake. But at the same time, if they feel that the circumstances they face are unbearable, they may go for the lesser hijab by doing the minimum of uncovering: for instance, take off the scarf alone while dressing modestly. This is permissible only as long as the harsh circumstances continue.

While accepting this, they are never allowed to acquiesce in it; rather they must be ever determined to change the status quo by using all the available means open to them.”

The prominent Muslim scholar Sheikh Muhammad Al-Mukhtar Al-Shinqiti, Director of the Islamic Center of South Plains, Lubbock, Texas, adds:

“All Muslim women in France have to challenge this law by all legal means. If there is no way to wear hijab at school or government offices, they should look for other alternatives, like studying in private schools or taking home schooling, etc.

In all cases, a Muslim has to try all possible means to avert the violation of legal rulings, but if a Muslim is faced with failure in all these possible means, then the law in Islam states that extreme necessities might relax what has been strictly forbidden. But this has to be done with extreme caution and with great wisdom in measuring the pros and cons of every situation. The other rule in fiqh states that necessity is judged according to the circumstances that surround it.”

Also read:

Hijab in France: Muslims' Role

Taking off Hijab to Pursue Education

Almighty Allah knows.

Allah Almighty knows best.

 

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