:sl:
I asked on another forum... someone there called up a shaykh and this is what he said:
There are some concepts that need to be factored in while doing any action. And we need to keep in mind Allah (swt) has not made something haraam, without giving an alternative. Ok, we don't eat land or air predators like wolves or eagles, but deer or pigeons are ok. And so on.
Now when we do an action...
1) The intention and action must be pure and the means to achieve that must be halal (general rule)
2) Before even entertaining the idea of doing the haram, there must be no halal badeel, or alternative.
3) In the end, if one is left with no choice, then this choice must be out of daroora - or it must be a necessity under extreme circumstances. Not a series of options.
4) If one is forced to choose between two wrongs, then one chooses the lighter of the two harms. Eg: If you are dying of hunger, and there's nothing else to eat but a dead animal, then you eat just to stay alive, you don't make a 5 course meal out of it.
The evidence...
5:3 "...But if any if forced by hunger, and with no inclination (hates it in their heart) to transgression, Allah is indeed oft-forgiving, most merciful".
This is talking about the first part of the verse that makes it haram to eat dead meat, blood, swine, etc. That's a general rule. The end of the verse says if one is forced (no other choice) and hates it in their heart and doesn't want to sin (but eats it out of compulsion), then and only then is it allowed and Allah is most forgiving.
He also gave an example from the sunnah (in case) but for brevity, I'll proceed.
If you apply these principles to your questions, then it becomes a lot clearer. Let's take the hijab.
It's highly likely there are many other ways to influence a field to allow hijab before even entertaining the idea of removing it. And this isn't a matter of your own life or personal safety at stake where it would conditionally be allowed.
For example, if the field doesn't allow the hijab, changing that can come in the forms of lobbying business groups, politicians, people of influence, your MP's or decision makers to change that aspect of that industry.
It's not required to remove the hijab as it does not qualify as a necessity. And he also said doing so puts the girl at very serious risk of slowly, accepting it and even feeling good about looking so pretty at work with her hair out like that and then end up forgetting why she did this very serious move in the first place. Or she may have a change of heart and have a career change.
That's why every single option must be exhausted first before proceeding to the next step.
And the swimming pool for women for example...what are the options?
Is it possible to lease a public pool for Muslim women?
Is it possible to finance it in a halal way?
Does it qualify for a free government grant?
If any of these can be answered 'yes' (Two, I know are a definite yes) then there's no need to go to Riba.
He said these are the general guidelines and are not meant to be a blanket rule for every situation. If one is in a very specific situation and wants a fatwa on an exact matter, then they are free to call him. PM me for his number.