Fatwa ID: 22607
Title: Wearing Hijab in jail
Category: Women
Scholar: AMJA Resident Fatwa Committee
Date: 10/14/2012

Question

Does a Muslim female prisoner have to wear hijab even though she is detained in jail?


Answer

 Muslims are required to abide by the rules of Islam wherever they are. Whenever a Muslim can apply Islamic rules, he should immediately do so. If a Muslim is unable to abide by some of them due to certain circumstances, then he should not overburden himself with things that he can’t tolerate. However, he should try his best to change the conditions that prevent him from adhering to the rules of his religion.

A Muslim woman’s ‘awrah [the parts of the body that must be covered] when she is in the company of females only, is the part between the navel and the knees.

However, the whole body of the Muslim woman, with the exception of the face and the hands (a point of difference among scholars) is considered to be ‘awrah if she is among non-mahram men (men to whom a woman can legitimately get married) and thus must be covered. Almighty Allah knows best.