Is the statement that there is no forbidding of evil in matters of ijtihad correct?
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The Shaykh : The mujtahid who disagrees with me in his ijtihad, because if I were to forbid him, he would respond to me in kind and say, "And I also forbid you. We are both mujtahids, and you are not infallible, nor am I. So if neither I nor you are infallible, you have no right to forbid him regarding his ijtihad. And if I forbid you regarding my ijtihad, I also forbid you regarding your ijtihad." However, if the matter is known by an explicit text and the text is clear in it, then there is no room for ijtihad, and I forbid the one who contradicts the text. Therefore, the statement that there is no forbidding of evil in matters of ijtihad is not absolute; rather, it is restricted to cases where the ijtihad does not contradict the text. If it contradicts the text, then we do not follow opinions and we leave the athar. As for the example he gave, which is a woman uncovering her face: if the woman is in a country that maintains covering the face, then it is a matter of etiquette and character that she conforms to the people of that country and is modest, covering her face. And if they forbid her from doing so, in order that this not open the door for the women of that country to do what she did, then the one in authority has the right to do that. I say, the one in authority is not every person. It is not for every person to prevent women from uncovering their faces in a country where its scholars consider uncovering the face forbidden. This is not because we are imposing our opinion on the woman, for example, but because of protecting the society from negligence regarding this matter, which they consider forbidden. Yes.
The questioner : If it is with the tongue.
The Shaykh : Even if it is with the tongue, harm may result from it, because not everyone controls his tongue and speaks with gentleness and softness. But yes, if you see a woman uncovering her face and her guardian is with her, and you hold the guardian's hand and say, "My brother, this is forbidden by the Shari'ah. And even if you do not believe this, you should not contradict the custom of the country and open the door for them to be negligent in this matter. The sensible person will comply. I fear that if we allow people to say, 'Forbid those you see uncovering their faces,' a person with strong, intense jealousy might, upon seeing her, speak to her with harsh words, and her evil would increase. Yes.
The questioner : If it is with the tongue.
The Shaykh : Even if it is with the tongue, harm may result from it, because not everyone controls his tongue and speaks with gentleness and softness. But yes, if you see a woman uncovering her face and her guardian is with her, and you hold the guardian's hand and say, "My brother, this is forbidden by the Shari'ah. And even if you do not believe this, you should not contradict the custom of the country and open the door for them to be negligent in this matter. The sensible person will comply. I fear that if we allow people to say, 'Forbid those you see uncovering their faces,' a person with strong, intense jealousy might, upon seeing her, speak to her with harsh words, and her evil would increase. Yes.