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01-10-2007, 03:37 PM
Covering the face: An obligation in Montreal, or not?
What about the issues of difference of opinion, what should we do in general when we are lost??
I hope that this short text will help clearing the confusion about this issue and others as well inchaAllah;
Essalamu alaykum wa rahmatu Allahi wa barakatuhu :)
I hope all of you are doing fine inchaAllah,
I know that the Niqab issue is one that many people have questions about and sometimes they are quiet confused about it, and I wanted to write something about the topic some time ago but I never did.
And something just reminded me about it this week, so I wanted to share a few points about the Niqab/Hijab issue with all of you;
I am not a scholar, except that – al hamduli-Allah – I easily have access to many references and inchaAllah I’ll try to pass on some information that might help,
So, the question is: Is covering the face an obligation, or not?
FIRST OF ALL, LET’S REMEMBER SOME VALUABLE PRINCIPLES
We must start with some very important rules on how to deal with the scholar’s opinions when they differ…
1/ Types of differences of opinion
Scholars of Usol-Fiqh mentioned that there are two main levels of differences of opinion that we usually find:
- A valid difference of a opinion (khilaf mu3tabar): occurs when each opinion is (1) either based on strong and clear proofs (2) or adopted by the majority of scholars
- A weak one (khilaf shaadh): when the proofs are weak and the majority of the scholars against the opinion
2/ Difference is easiness for the Ummah
When the difference of opinion is weak, it should not be considered and should never ever be followed even if it’s easier. (this text will not be talking about the weak differences);
However, when the difference of opinion is strong, scholars mentioned that it is from the blessing of Allah on this Ummah, because it gives us more possibilities and more flexibility.
Sometimes, it is a mercy because each opinion will serve a specific context, since this deen is for the whole humanity.
In the past, a scholar decided to call his book on comparative Fiqh the “Book of difference”, but Imam Ahmad told him to call it the “Book of wideness” instead because valid diversity gives us more space, more flexibility and it’s a mercy from Allah…
3/ Which opinion should we choose when scholars differ?
In a case of a valid difference of opinion (only!):
Let’s say you have two opinions (A) and (B) and you don’t know which one to follow, both of them make sens! You are one of the three following persons:
a) If the person is qualified to make Ijtihaad and study the issue in its smallest details (texts, proofs, chains of narrations if needed…), and that in the end they get to the conclusion that opinion A is definitely the right one, then:
- They must follow it themselves because they saw the proofs and they will be questioned about them on the Day of Judgment
- They cannot force others to follow them and they still have to respect their choice if they differ
- They must remain open to any discussion because it might happen that they change their opinion later on (it happens to most of the scholars in these types of issues, they change their opinion from one book to another; Fiqh is a very flexible science, unlike aqeeda for example)
b) If the person is qualified to make Ijtihaad but that they are making a Fetwa for others (a scholar answering a question): they don’t always have the right to push people to follow their conclusion; instead they have to make a Fatwa that takes into consideration:
- which opinion fulfills the best the objectives (Maqasid) of Sharia in their specific context: at this step the scholar would use the harms/benefits balance to predict the effect of each opinion on the society
- if both opinions are quite similar in their harms/benefits thing, the scholar should direct people to the easiest opinion, because Easiness is a major characteristic of Sharia and one cannot force others to follow the hardest opinion of the two, unless: (1) either it is proven to be certainly THE order of Allah (2) or, it leads to bigger benefits or takes away major harms
- sometimes the scholars of a country would agree that opinion Y is really needed because it bring great benefits for the Ummah, and in this case, the Muslim ruler (Khalifa…) would force their opinion and it becomes obligatory on everyone to follow it, because the ruler must be obeyed in issues of common benefit just like we have to obey them for traffic lights! (the rule states “Ijtihadu al Imami naafidh” meaning the Ijtihaad of the Muslim ruler brings end to the difference of opinion)
c) If the person is just a follower who asks the scholars and cannot really deeply study the issue:
- first of all one should consult the scholars to make sure it is an issue of strong difference and not just a weak opinion (for example one asks 6 scholars he trusts and he gets 2 different answers 3vs.3, which means it is a valid and strong difference)
- if it’s the case, then the person is definitely free to choose one of the two opinions, but ideally:
§ they would go with the hardest opinion if it doesn’t really cause them any hardship
(for example: there is a major difference on the Zakat of a woman’s personal jewels, but if the woman is very rich and that it doesn’t really affect her much to give the Zakat since she can buy more, then she is encouraged to adopt that opinion);
> but, they are still free to take the easiest one
> note that sometimes the scholars of the country would agree to adopt the hardest opinion, for example if there are too many poor people waiting for Zakat, then the scholars might ask people to follow the opinion stating the obligation of Zakat on personal jewels >> in this case we should obey them since (1) it’s an issue of common benefit and (2) we are asked to obey the scholars
§ otherwise, if there is a bit of hardship with the hardest opinion, then one should go with the easiest one since Allah Subhanahu wa Taala loves the easiness for us, and one should do things that Allah loves : “Allah intends every facility for you; He does not want to put to difficulties.” 2:185
> this is a very important thing to keep in mind, because just like we have to be strict sometimes in Sharia (Sad-athara’ii), we must be easy in other times (Fath-athara’ii)
> and because some people insist always on not taking the easiest opinion, they refuse for example some permissions that some scholars mentioned for throwing the stones in Hajj which causes people to all gather at the same peak time and it results in accidents; Same for Ramadhan, because some community leaders insist on following one opinion they adopt which causes the split (they don’t know that when one is making a decision for the community, they can’t necessarily impose their own choice!)
NOW, BACK TO THE NIQAB ISSUE
InchaAllah it will be continued in an upcoming email…
(I have not got the second email yet :))
What about the issues of difference of opinion, what should we do in general when we are lost??
I hope that this short text will help clearing the confusion about this issue and others as well inchaAllah;
Essalamu alaykum wa rahmatu Allahi wa barakatuhu :)
I hope all of you are doing fine inchaAllah,
I know that the Niqab issue is one that many people have questions about and sometimes they are quiet confused about it, and I wanted to write something about the topic some time ago but I never did.
And something just reminded me about it this week, so I wanted to share a few points about the Niqab/Hijab issue with all of you;
I am not a scholar, except that – al hamduli-Allah – I easily have access to many references and inchaAllah I’ll try to pass on some information that might help,
So, the question is: Is covering the face an obligation, or not?
FIRST OF ALL, LET’S REMEMBER SOME VALUABLE PRINCIPLES
We must start with some very important rules on how to deal with the scholar’s opinions when they differ…
1/ Types of differences of opinion
Scholars of Usol-Fiqh mentioned that there are two main levels of differences of opinion that we usually find:
- A valid difference of a opinion (khilaf mu3tabar): occurs when each opinion is (1) either based on strong and clear proofs (2) or adopted by the majority of scholars
- A weak one (khilaf shaadh): when the proofs are weak and the majority of the scholars against the opinion
2/ Difference is easiness for the Ummah
When the difference of opinion is weak, it should not be considered and should never ever be followed even if it’s easier. (this text will not be talking about the weak differences);
However, when the difference of opinion is strong, scholars mentioned that it is from the blessing of Allah on this Ummah, because it gives us more possibilities and more flexibility.
Sometimes, it is a mercy because each opinion will serve a specific context, since this deen is for the whole humanity.
In the past, a scholar decided to call his book on comparative Fiqh the “Book of difference”, but Imam Ahmad told him to call it the “Book of wideness” instead because valid diversity gives us more space, more flexibility and it’s a mercy from Allah…
3/ Which opinion should we choose when scholars differ?
In a case of a valid difference of opinion (only!):
Let’s say you have two opinions (A) and (B) and you don’t know which one to follow, both of them make sens! You are one of the three following persons:
a) If the person is qualified to make Ijtihaad and study the issue in its smallest details (texts, proofs, chains of narrations if needed…), and that in the end they get to the conclusion that opinion A is definitely the right one, then:
- They must follow it themselves because they saw the proofs and they will be questioned about them on the Day of Judgment
- They cannot force others to follow them and they still have to respect their choice if they differ
- They must remain open to any discussion because it might happen that they change their opinion later on (it happens to most of the scholars in these types of issues, they change their opinion from one book to another; Fiqh is a very flexible science, unlike aqeeda for example)
b) If the person is qualified to make Ijtihaad but that they are making a Fetwa for others (a scholar answering a question): they don’t always have the right to push people to follow their conclusion; instead they have to make a Fatwa that takes into consideration:
- which opinion fulfills the best the objectives (Maqasid) of Sharia in their specific context: at this step the scholar would use the harms/benefits balance to predict the effect of each opinion on the society
- if both opinions are quite similar in their harms/benefits thing, the scholar should direct people to the easiest opinion, because Easiness is a major characteristic of Sharia and one cannot force others to follow the hardest opinion of the two, unless: (1) either it is proven to be certainly THE order of Allah (2) or, it leads to bigger benefits or takes away major harms
- sometimes the scholars of a country would agree that opinion Y is really needed because it bring great benefits for the Ummah, and in this case, the Muslim ruler (Khalifa…) would force their opinion and it becomes obligatory on everyone to follow it, because the ruler must be obeyed in issues of common benefit just like we have to obey them for traffic lights! (the rule states “Ijtihadu al Imami naafidh” meaning the Ijtihaad of the Muslim ruler brings end to the difference of opinion)
c) If the person is just a follower who asks the scholars and cannot really deeply study the issue:
- first of all one should consult the scholars to make sure it is an issue of strong difference and not just a weak opinion (for example one asks 6 scholars he trusts and he gets 2 different answers 3vs.3, which means it is a valid and strong difference)
- if it’s the case, then the person is definitely free to choose one of the two opinions, but ideally:
§ they would go with the hardest opinion if it doesn’t really cause them any hardship
(for example: there is a major difference on the Zakat of a woman’s personal jewels, but if the woman is very rich and that it doesn’t really affect her much to give the Zakat since she can buy more, then she is encouraged to adopt that opinion);
> but, they are still free to take the easiest one
> note that sometimes the scholars of the country would agree to adopt the hardest opinion, for example if there are too many poor people waiting for Zakat, then the scholars might ask people to follow the opinion stating the obligation of Zakat on personal jewels >> in this case we should obey them since (1) it’s an issue of common benefit and (2) we are asked to obey the scholars
§ otherwise, if there is a bit of hardship with the hardest opinion, then one should go with the easiest one since Allah Subhanahu wa Taala loves the easiness for us, and one should do things that Allah loves : “Allah intends every facility for you; He does not want to put to difficulties.” 2:185
> this is a very important thing to keep in mind, because just like we have to be strict sometimes in Sharia (Sad-athara’ii), we must be easy in other times (Fath-athara’ii)
> and because some people insist always on not taking the easiest opinion, they refuse for example some permissions that some scholars mentioned for throwing the stones in Hajj which causes people to all gather at the same peak time and it results in accidents; Same for Ramadhan, because some community leaders insist on following one opinion they adopt which causes the split (they don’t know that when one is making a decision for the community, they can’t necessarily impose their own choice!)
NOW, BACK TO THE NIQAB ISSUE
InchaAllah it will be continued in an upcoming email…
(I have not got the second email yet :))