What do the esteemed scholars say (*) concerning a group of non-Muslims under Muslim protection who have been required to wear clothing other than their customary dress and adopt an appearance different from their usual one? The sultan has required them to change their turbans so that they differ from those worn by Muslims. This has caused them great harm on the roads and in the open country, emboldening fools and the rabble against them, who have subjected them to severe abuse. It has encouraged people to humiliate and assault them. May the ruler therefore allow them to return to their former dress and restore their previous situation, provided that they remain distinguishable by an identifying mark? Would this contravene Islamic law or not?
Ibn al-Qayyim said:
Someone deprived of divine guidance and turned away from the path answered them that this was permissible and that the ruler could restore their previous situation.
Our shaykh said:
“The request for a ruling then reached me. I said, ‘They may not be allowed to return to their former dress. They must be kept in the attire that distinguishes them from Muslims.’
“They went away, revised the request, and brought it back in a different form. I said, ‘They may not be allowed to return to their former dress.’
“They went away and brought it back in yet another form. I said, ‘It is the very same question, even if presented in several different forms.’”
Ibn al-Qayyim said:
Then Shaykh al-Islām went to the sultan and addressed him in words that astonished those present. They unanimously agreed to keep them in that attire. All praise belongs to Allah, and all favor comes from Him.
(*) Shaykh Nāsir ibn Hamad al-Fahd stated (p. 219):
This passage is quoted from Iʿlām al-Muwaqqiʿīn, 4:193, with minor differences. Its wording in Iʿlām is:
“I shall give you an example that occurred in our time. The sultan ordered that the non-Muslims under Muslim protection be required to change their turbans, making their colors different from those of Muslims’ turbans. This caused an uproar among them and greatly distressed them. It brought benefits, honored Islam, and humbled the disbelievers, much to the Muslims’ delight. Satan then prompted his allies and brethren to frame a request for a ruling through which they could remove this dust (1), as follows:
‘What do the esteemed scholars say concerning a group of non-Muslims under Muslim protection who have been required to wear clothing other than their customary dress and adopt attire different from their usual attire? [The sultan has required them to change their turbans so that they differ from Muslims’ turbans.] (2) This has consequently caused them (3) great harm on the roads and in the open country. It has emboldened fools and shepherds (4) against them, who have subjected them to severe abuse, thereby encouraging (5) their humiliation and assault. May the ruler allow them to return to their former dress and restore their previous situation, provided that they remain distinguishable (6) by an identifying mark? Would this involve (7) a violation of Islamic law or not?’
Someone deprived of divine guidance and turned away from the path answered that this was permissible and that the ruler could restore their previous situation. Our shaykh said: ‘The request for a ruling reached me, and I said, “They may not be allowed to return to their former dress; they must be kept in attire that distinguishes them from Muslims.” They went away, revised the request for a ruling (8), and brought it back in a different form. I said, “They may not be allowed to return to their former dress.” They went away and brought it back in yet another form. I said, “It is the very same question, even if presented in several different forms.”’ Then he went to the sultan (9) and addressed him in words that astonished those present. They unanimously agreed to keep them in that attire. All praise belongs to Allah, and all favor comes from Him.”
(1) This is the reading in Iʿlām: al-ghubār (“dust”). The correct reading is al-ghiyār (“distinctive dress”).
(2) The passage in square brackets is absent from Iʿlām.
(3) Al-Fatāwā: “This consequently caused…” [without “them”].
(4) Al-Fatāwā: “the rabble.”
(5) Al-Fatāwā: “and thereby encouraging…”
(6) Al-Fatāwā: al-tamyīz (“distinguishing”), rather than al-tamayyuz (“being distinguishable”).
(7) Al-Fatāwā: “Would this…” [without “involve”].
(8) Al-Fatāwā: al-futyā (“request for a ruling”), rather than al-fatwā.
(9) Al-Fatāwā: “Then Shaykh al-Islām went.”