Praise be to Allaah.
With regard
to women’s clothes that merchants sell in their stores, one of the following
three scenarios must apply:
1 – The
seller knows or thinks it most likely that these clothes are going to be
used in permissible ways, and that they will not be used in haraam ways.
There is nothing wrong with selling these clothes.
2 – The
seller knows or thinks it most likely that these clothes are going to be
used in haraam ways, i.e., the woman is going to wear them and adorn herself
with them in front of non-mahram men. Selling these clothes is haraam,
because Allaah says (interpretation of the meaning):
“but do
not help one another in sin and transgression”
[al-Maa'idah 5:2]
The seller
can figure it out from the type of clothes and the state of the woman who
buys them.
There are
some kinds of clothes which it is usually known that however much a woman
flaunts herself (tabarruj) she will never wear them for anyone but her
husband, and she cannot go out wearing them in front of non-mahram men. And
there are clothes which the seller will think most likely – or may be
certain – that the one who buys them is going to use them in haraam ways.
What the
seller should do is to act upon what he knows or thinks most likely to be
the case with regard to the buyer.
And the
clothes may be used in permissible ways or in haraam ways, but the fact that
women observe hijab or that the state enforces hijab means that they cannot
be used in haraam ways, so there is nothing wrong with selling them.
3 – If the
seller is uncertain as to whether these clothes will be used in permissible
ways or haraam ways, because the clothes may be used in both ways, and there
is no evidence to make him certain about either possibility, then there is
no sin in selling these clothes, because the basic principle is that it is
permissible to sell and it is not haraam, because Allaah says
(interpretation of the meaning):
“Allaah
has permitted trading”
[al-Baqarah 2:275]
The one who
buys them must use them in ways that Allaah has permitted, and it is not
permissible to use them in haraam ways.
There follow
some fatwas of the scholars which support what we have said above.
The scholars
of the Standing Committee were asked:
What is the
ruling on dealing in women’s adornments and selling them when the seller
knows that the one who is buying them will adorn herself with them in front
of non-mahram men in the streets as he can see how she is appearing in front
of him, and as is common, unfortunately, in some areas?
They
replied:
It is not
permissible to sell it if the seller knows that the one who is buying it is
going to use it in ways that Allaah has forbidden, because that is helping
in sin and transgression. But if he knows that the buyer is going to adorn
herself for her husband with it or he does not know anything, then it is
permissible for him to sell it. End quote.
Fataawa
al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’,
13/67
The Scholars
of the Standing Committee were also asked:
What is the
ruling on selling cosmetics to women, knowing that most of those who use
them are women who make a wanton display of themselves and are evildoers who
disobey Allaah and His Messenger, and those who use these things to adorn
themselves for men other than their husbands – Allaah forbid?
They
replied:
If the
matter is as described, it is not permissible to sell them to them, if he
knows their situation, because that is cooperating in sin and transgression,
which Allaah has forbidden as He says (interpretation of the meaning):
“but do
not help one another in sin and transgression”
[al-Maa'idah 5:2]
End quote.
Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’,
13/105.
The Scholars
of the Standing Committee were also asked:
What is the
ruling on selling different types of tight pants for women, including jeans
and those made from stretch fabrics, as well as pant suits which consist of
pants and a blouse, and selling women’s shoes with high heels, and all kinds
of hair dyes, especially those which are specifically for women, and selling
see-though women’s clothes, especially those made of chiffon, and women's
dresses with short sleeves, or short dresses, and short skirts for women?
They
replied:
Everything
that will be used in haraam ways or that one thinks are most likely to be
used in such ways, it is haraam to make it, import it, sell it and
distribute it among the Muslims. That includes what many women have fallen
into nowadays – may Allaah guide them to the right path – of see-through,
tight and short clothes, which includes displaying their charms and showing
the shape of their limbs in front of non-mahram men. Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) said: If it seems most likely that
garments will be used to help commit sin, it is not permissible to sell them
or sew them for one who will use them for sinful and wrongful purposes.
Hence it is makrooh to sell bread and meat to one who you know will drink
wine with them. The same applies to any permissible thing if you know that
it will be used to help commit sin. End quote
Every Muslim
merchant and businessman must fear Allaah. Our advice to our Muslim brothers
is not to make or sell anything but that which is good and beneficial for
them, and to forsake everything that is evil and harmful for them. In that
which is halaal there is sufficient so that we have no need of that which is
haraam.
“And
whosoever fears Allaah and keeps his duty to Him, He will make a way for him
to get out (from every difficulty).
3. And He
will provide him from (sources) he never could imagine”
[al-Talaaq 65:2, 3]
This advice
is what is implied by faith, as Allaah says (interpretation of the
meaning):
“The
believers, men and women, are Awliyaa’ (helpers, supporters, friends,
protectors) of one another; they enjoin (on the people) Al‑Ma‘roof (i.e.
Islamic Monotheism and all that Islam orders one to do), and forbid (people)
from Al‑Munkar (i.e. polytheism and disbelief of all kinds, and all that
Islam has forbidden)”
[al-Tawbah 9:71]
And the
Prophet (peace and blessings of Allaah be upon him) said: “Religion is
sincerity.” They said: To whom, O Messenger of Allaah? He said: “To Allaah,
to His Book, to His Messenger, to the leaders of the Muslims and to their
common folk.” Narrated by Muslim in his Saheeh.
Jareer ibn
‘Abd-Allaah al-Bajali (may Allaah be pleased with him) said: I swore
allegiance to the Messenger of Allaah (peace and blessings of Allaah be
upon him), pledging to establish regular prayer and pay zakaah, and to be
sincere towards every Muslim. Saheeh –agreed upon.
What Shaykh
al-Islam Ibn Taymiyah meant in the words quoted above, “Hence it is makrooh
to sell bread and meat to one who you know will drink wine with them…” is
that it is makrooh in the sense of haraam, as is known from his fatwas on
other topics. End quote.
Fataawa
al-Lajnah al-Daa’imah wi’l-Buhooth al-‘Ilmiyyah wa’l-Ifta,
13/109
And Allaah
knows best.