Following Dispensations in the Ruling on a Woman’s Awrah and the Multiplicity of Fatwas
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Question:
Honorable Shaykh, recently it has become widespread for women to wear nearly naked clothing, relying on a fatwa from one of the scholars in which he stated that a woman’s awrah (the part of the body that must be covered) in relation to another woman is only from the navel to the knee. This fatwa was delivered directly via television, which caused confusion among many upright young women. We hope you will express your opinion regarding these fatwas, which many students of knowledge have addressed via satellite channels, especially since people at this time are following dispensations (rukhsah) from any path.
Answer:
Yes, this is following of desires. They do not care that this fatwa is wrong, and even the one who issued it has apologized. But when it agreed with their desires and wishes, they acted upon it, even though its author is a noble man, a man of knowledge, a noble man, but he erred, for a person may err.
And he retracted it. They heard this and heard the condemnation of it from several quarters, on the radio, in the newspapers, and in a statement issued by the Permanent Committee regarding this matter. They are not ignorant of this matter, but because it agreed with their desires, they took it. And this does not absolve them of their responsibility before Allah, Glorified and Exalted is He.
As for the multiplicity of fatwas and the multiplicity of fatwa-issuing bodies on television and elsewhere, it is obligatory for the Muslim to follow one in whose religion and knowledge he has trust, and to take a fatwa from one in whose religion and knowledge he has trust. This is if he is a layperson. But if he is a student of knowledge, it is obligatory for him to take a fatwa from one who presents evidence to him. If he knows how to derive evidence and knows the proofs, and he is a student of knowledge, it is obligatory for him to take from the fatwas that which is stronger by evidence, and his responsibility is not absolved except by that. But if he is a layperson and does not know the evidence, he takes the fatwa from one in whose knowledge and religion he has trust. And especially in this land, praise be to Allah, there is a designated body for fatwas. So it is obligatory to refer to that body, which is safer and better than falling into such errors.
Honorable Shaykh, recently it has become widespread for women to wear nearly naked clothing, relying on a fatwa from one of the scholars in which he stated that a woman’s awrah (the part of the body that must be covered) in relation to another woman is only from the navel to the knee. This fatwa was delivered directly via television, which caused confusion among many upright young women. We hope you will express your opinion regarding these fatwas, which many students of knowledge have addressed via satellite channels, especially since people at this time are following dispensations (rukhsah) from any path.
Answer:
Yes, this is following of desires. They do not care that this fatwa is wrong, and even the one who issued it has apologized. But when it agreed with their desires and wishes, they acted upon it, even though its author is a noble man, a man of knowledge, a noble man, but he erred, for a person may err.
And he retracted it. They heard this and heard the condemnation of it from several quarters, on the radio, in the newspapers, and in a statement issued by the Permanent Committee regarding this matter. They are not ignorant of this matter, but because it agreed with their desires, they took it. And this does not absolve them of their responsibility before Allah, Glorified and Exalted is He.
As for the multiplicity of fatwas and the multiplicity of fatwa-issuing bodies on television and elsewhere, it is obligatory for the Muslim to follow one in whose religion and knowledge he has trust, and to take a fatwa from one in whose religion and knowledge he has trust. This is if he is a layperson. But if he is a student of knowledge, it is obligatory for him to take a fatwa from one who presents evidence to him. If he knows how to derive evidence and knows the proofs, and he is a student of knowledge, it is obligatory for him to take from the fatwas that which is stronger by evidence, and his responsibility is not absolved except by that. But if he is a layperson and does not know the evidence, he takes the fatwa from one in whose knowledge and religion he has trust. And especially in this land, praise be to Allah, there is a designated body for fatwas. So it is obligatory to refer to that body, which is safer and better than falling into such errors.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرجعة، وباب الإيلاء والظهار والكفارة — islamhouse.com (1:09:43)
The Arabic text is a machine transcription of the audio recording.