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In the Name of God بسم الله
786abdullah786

Enforcement of Hijab in classical Fiqh

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In classical, pre-modern works of Fiqh, did any Fuqaha establish any punishment for a woman not wearing the Hijab in public? Or not wearing it properly (for example, wearing veil that still shows some hair)?

And how was it enforced in pre-modern Muslim societies, considering that what came to be known as "religious police" is a modern phenomenon? 

(I don't really want to turn this into a debate on whether Hijab should be enforced by law today, I'm mostly interested in any references to whether this was at all debated by classical scholars)

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The question had nothing to do with Hijab being wajib or not. There are many things which are wajib in Fiqh but their non-fulfillment carries no punishment or other legal consequences. 

The question is very simple - can someone please quote fiqhi opinions of classical, pre-modern fuqaha mentioning punishments or other ways of dealing with women who don't wear hijab in public. 

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ان لکل شی حدا و لمن جاوز الحد حدا

All acts of transgression are punishable, either by hadd or ta'zir

That's a consensus in Shia Fiqh

To punish (apply ta'zir to) non-hijabi, is nothing less than hijab enforcement. 

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24 minutes ago, 786abdullah786 said:

which are wajib in Fiqh but their non-fulfillment carries no punishment or other legal consequences. 

Wrong.

Especially for public sins, all are punishable, it's called ta'zir in so called 'classical fiqh'

There are even tazir for private sins (like intercourse during menstruation, with one's legal wife; very private, but has tazir)

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If that's the case then you should have no problem providing me with an answer to the question I am asking: what is the fiqh-prescribed way of dealing with a woman not wearing hijab in public. Quotes from pre-modern scholars or summaries of their opinions with references. 

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30 minutes ago, 786abdullah786 said:

pre-modern fuqaha mentioning punishments or other ways of dealing with women who don't wear hijab in public. 

Pre modern fuqaha didn't face systematic movement against hijab in their societies. 

It's like asking "can you show one case that fuqaha were against men appearing in public with only shorts on?" It wasn't their issue.

Hijab was a good thing back then. No woman in her right mind would insist on being hijabless or naked.

The whole issue of two opposite sides on hijab started with the so called modernization of Muslim societies. 

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. بسیاری از فقهای شیعه قاعده‌ای را ذکر کرده و آن‌را از ادله استفاده کرده‌اند که طبق آن،‌ برای ارتکاب هر حرامی یا حد هست و یا تعزیر. مرحوم محقق حلی در شرایع می‌فرماید «من فعل محرما او ترک واجبا فللامام تعزیره» (4:155) (رک: مسالک 14:457) مرحوم صاحب جواهر در توضیح می‌نویسد: «هیچ اشکالی و اختلافی نه در آیات و روایات و نه در فتوای فقهای شیعه نیست که اگر کسی گناهی کرد یا واجبی را ترک کرد و آن فعل از کبائر بود، امام جامعه می‌تواند او را تعزیر کند.» (41:448) 

since you insist on "classical fiqh" reference, you must easily find the references in the text.

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Why would I easily find references in the text just because I used the term "classical fiqh"? I never claimed to be an expert, if I was one I wouldn't be asking others. I'm not sure what nerve I touched that makes you guys so confrontational about this issue. It's a simple question I'm asking and the answer only requires someone competent to provide me with some actual quotes or summaries with a reference. 

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6 minutes ago, 786abdullah786 said:

Many traditional Muslim societies, South Asian or African, had plenty of women not wearing hijab or wearing it in a way that falls short of what's prescribed by fiqh, for example loose scarves exposing some hair, this is not some modern thing. 

Main cities where fuqaha lived; are the subject. 

Plus,

Even so, still the distinction between hijab and hijabless existed in those societies. They had a different understanding of hijab limits; understandably,  they were far from seminary centers

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5 minutes ago, 786abdullah786 said:

I'm not sure what nerve I touched that makes you guys so confrontational about this issue

No one is confrontational. 

I just said I don't have time to translate classical fiqh text.

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2 minutes ago, 786abdullah786 said:

so is there a text on this issue? You can just provide a summary of it and say which scholar said so and in which book. 

The reference is in the very text I copied. Those numbers, in order from Shara'i' al Islam

Masalik al afham

Jawahir al Kalam

All saying the same principle: all acts of haram are punishable, either by hadd or tazir (jawahir stating it is a consensus)

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