Violations without prescribed punishment
Fatwa No: 226219

Question

As-salaamu 3laikum, I would like to know what is the correct punishment, if any, that should be carried out on a Muslim woman who goes out in public without hijaab, or appears in films without wearing hijaab, in an Islamic state. I am not asking about the obligation of hijaab - I know it is obligatory - I just want to know how an Islamic state should deal with that situation, because a non-Muslim has queried the decisions made in certain countries and I want to answer with the correct ruling in sha Allah. jazaakum Allahu khair

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We have already clarified in Fatwa 184083 that whoever has committed a sin for which there is no Hadd (prescribed punishment) and no expiation, then the punishment is Ta’zeer, which is a discretionary punishment (which is not determined in the Islamic law), so please refer to it.

Dear sister, when debating with non-Muslims, we advise you to discuss the principles of Islam before discussing subsidiary issues, because the wisdom behind some Islamic laws may be obscure to some people and it could take some time to debate about it. Calling to Tawheed (the Oneness of Allaah) and the principle of Faith is the foundation, and all other matters are subsidiary. For more benefit, please refer to Fataawa 20859 and 129867.

Allaah Knows best.

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