The Criterion of Custom in Excess and a Woman Going Out to the Market
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His Eminence the Shaykh: It has been difficult for us to understand how custom is a reference for regulating certain actions, specifically buying clothes and a woman going out. We have found people who buy a garment for six hundred riyals or more or less, and they argue based on custom. Does this contradict what came in the Sunnah regarding the encouragement to be moderate and the prohibition of waste? May Allah reward you with good.
Yes.
Custom is a reference where there is no specification in the Shari'ah. However, if it is specified in the Shari'ah, the Shari'ah is the judge over custom, not custom the judge over the Shari'ah.And in the arrangement of the rules:
Whatever comes and is not specified by the Shari'ah, like the safekeeping, is defined by custom.
And Allah the Exalted has referred to custom in His saying: [An-Nisa: 19] .
[Al-Baqarah: 228] .
[Al-Baqarah: 233] .
And there are many examples of this.
But if a person goes beyond the scope in which he should be, he becomes an extravagant person.And Allah the Exalted said: [Al-A'raf: 31] .
So people now are divided into three sections: 1- A section of the upper class.
2- A section of the lower class.
3- A middle section.
So if the people of the lower class wanted to wear what the middle class wears, or eat what the middle class eats,Or ride what the middle class rides, we said: this is extravagance, and they are forbidden from it.
And if the people of the middle class wanted to wear what the upper class wears, or ride what they ride, or eat what they eat,We would say: this is extravagance.
And if the people of the upper class wanted to wear, drink, eat, and live in what is for the lower class, we would say: this is stinginess; except if he wanted humility, such that he wants not to appear before his poor brothers if, for example, most of the neighborhood are poor, and he loves not to appear before them in a way that breaks their hearts, then this would be good. And there is a hadith regarding the reward of one who leaves the best of clothing out of humility. Did you understand now?The questioner: Yes, regarding going out, O Shaykh! The Shaykh: I mean: to the markets?The questioner: She should not go out based on the prevailing custom.
The Shaykh: No, as for a woman going out, there is no doubt that custom, modesty, nature, and religion all require that the woman be in her home, and their homes are better for them. This is general, and she does not go out except for a need. That is because even if a woman goes out without perfume, without displaying her adornment, and she is chaste, sound, and modest, she is afflicted. There are open sinners in the markets whose only concern is pursuing women, and I seek refuge in Allah, and flirting with them, and throwing papers and phone numbers at them, and the like of that, even though they are chaste.Therefore we say: The best place for a woman is to stay in her home. And in reality, she is responsible for herself, and her guardian is also responsible for her. Indeed, many men—may Allah guide us and them—have let the reins loose for women. The woman goes out whenever she wants, loiters in the markets and stores, and he does not care and does not ask. May Allah help us and you to fulfill the trust.
Yes.
Custom is a reference where there is no specification in the Shari'ah. However, if it is specified in the Shari'ah, the Shari'ah is the judge over custom, not custom the judge over the Shari'ah.And in the arrangement of the rules:
Whatever comes and is not specified by the Shari'ah, like the safekeeping, is defined by custom.
And Allah the Exalted has referred to custom in His saying:
And live with them in a manner that is good.
وَعَاشِرُوهُنَّ بِالْمَعْرُوفِAnd due to the wives is similar to what is expected of them, according to what is reasonable
وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِUpon the father is the mothers' provision and their clothing according to what is acceptable.
وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِAnd there are many examples of this.
But if a person goes beyond the scope in which he should be, he becomes an extravagant person.And Allah the Exalted said:
and eat and drink, but be not excessive. Indeed, He likes not those who commit excess.
وَكُلُوا وَاشْرَبُوا وَلا تُسْرِفُوا إِنَّهُ لا يُحِبُّ الْمُسْرِفِينَSo people now are divided into three sections: 1- A section of the upper class.
2- A section of the lower class.
3- A middle section.
So if the people of the lower class wanted to wear what the middle class wears, or eat what the middle class eats,Or ride what the middle class rides, we said: this is extravagance, and they are forbidden from it.
And if the people of the middle class wanted to wear what the upper class wears, or ride what they ride, or eat what they eat,We would say: this is extravagance.
And if the people of the upper class wanted to wear, drink, eat, and live in what is for the lower class, we would say: this is stinginess; except if he wanted humility, such that he wants not to appear before his poor brothers if, for example, most of the neighborhood are poor, and he loves not to appear before them in a way that breaks their hearts, then this would be good. And there is a hadith regarding the reward of one who leaves the best of clothing out of humility. Did you understand now?The questioner: Yes, regarding going out, O Shaykh! The Shaykh: I mean: to the markets?The questioner: She should not go out based on the prevailing custom.
The Shaykh: No, as for a woman going out, there is no doubt that custom, modesty, nature, and religion all require that the woman be in her home, and their homes are better for them. This is general, and she does not go out except for a need. That is because even if a woman goes out without perfume, without displaying her adornment, and she is chaste, sound, and modest, she is afflicted. There are open sinners in the markets whose only concern is pursuing women, and I seek refuge in Allah, and flirting with them, and throwing papers and phone numbers at them, and the like of that, even though they are chaste.Therefore we say: The best place for a woman is to stay in her home. And in reality, she is responsible for herself, and her guardian is also responsible for her. Indeed, many men—may Allah guide us and them—have let the reins loose for women. The woman goes out whenever she wants, loiters in the markets and stores, and he does not care and does not ask. May Allah help us and you to fulfill the trust.