If some problems occur in terms of tasattur (hijab) when we make wudu near non-Muslim women, can we make tayammum?

The Details of the Question

I live in Spain and I sometimes have to make wudu outside; however, there are some other women in toilets and most of them are not Muslims. As far as I know, non-Muslim women are like men in terms of (tasattur) hijab. In that case, shall I make wudu in the toilet or is it more appropriate to make tayammum?

The Answer

Dear Brother / Sister,

According to Hanbalis, the awrah places of a Muslim woman in the presence of unbelieving women are like the awrah places of mahram men; that is, between her navel and knees. According to this madhhab, a Muslim woman can open her arms and head in the presence of non-Muslim women.

According to the majority of scholars, the whole body of the woman except the parts that are seen while doing housework is awrah.

The disagreement originates from the differences of the interpretation of the relevant verse in the chapter of an-Nur.

“...And say to the believing women that they should not display their beauty except to their husbands … or their women..." (an-Nur, 24/31)

Hanbalis stated the following: What is meant by women are all women. No discrimination is made between Muslims and unbelievers. Therefore, it is permissible for a Muslim woman to open her beauties that are permissible to show to an unbelieving woman.

According to the majority of scholars, what is meant by these women is especially Muslim women. That is, they are the Muslim women that they chat and are sisters in the religion. Accordingly, it is not permissible for a Muslim woman to show her beauties to any unbelieving women. (Tafsiru Ayatil- Ahkam bil – Azhar, II/164; Wahba Zuhayli, İslam Fıkhı)

The awrah places of a woman in the presence of other women is like the awrah places of a man in the presence of other men. Therefore, Muslim women cannot look at the body parts between the navels and knees of the other Muslim women. However, a non-Muslim woman can look only at the face and hands of a Muslim woman. It is not appropriate for her to look at the other parts of her body.

When you have to make wudu in the presence of non-Muslim women, you can make wudu in accordance with the view of Hanbali scholars. For, there is a difficulty here.

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