Qadi ‘Iyad, discussing the hadith in which Jarir (may Allah be pleased with him) said, “I asked the Messenger of Allah ﷺ about the sudden glance, and he instructed me to turn my eyes away,” which Muslim records ⦗1⦘, writes:
“The scholars—may Allah have mercy on them—said:
This hadith proves that a woman is not required to cover her face while walking on the road; rather, doing so is a commendable sunnah for her. What is obligatory is that a man lower his gaze from her in every circumstance, except when a legitimate shar‘i reason warrants otherwise. Shaykh Muhyiddin al-Nawawi mentioned this and added nothing further.”
Ibn Mufliḥ next quotes the statement of Ibn Taymiyyah—on which al-Tuwayjiri relies in his book (p. 170) while disregarding the views of the majority of scholars, the remark of Qadi ‘Iyad, and al-Nawawi’s concurrence—and then says:
“Given this, is censure justified? The answer hinges on the broader question of reproving actions subject to legitimate scholarly disagreement, a matter discussed earlier.
As for our view, and that of a group of Shafi‘is and others, that looking at an unrelated woman is permissible provided there is neither desire nor seclusion, then one ought not censure it.”
I say: This response is in complete accord with the statement of Imam Ahmad—may Allah have mercy on him and be pleased with him—who said,
“The jurist should not compel people to adopt his own school.” ⦗2⦘