IS HIJAB A HUMAN RIGHT OR NOT?
WRITTEN BY: - MEHUL JAIN,
3RD YEAR B.COM LL.
B(HONS.)
PRESTIGE INSTITUTE OF MANAGEMENT,
GWALIOR (M.P)
2ND YEAR LL. B
CAREER COLLEGE OF LAW, BHOPAL (M.P)
CO-EDITED BY: YASH JAIN
5TH YEAR B.B.A. LL.B.(H)
AMITY LAW SCHOOL, NOIDA
ABSTRACT
We
see below what hijab is, its history, how the Quran defines it, styles of
hijab, and many more topics related to hijab and some cases like Karnataka
2022. And we also saw the condition of females in Iran after the 1979 Islamic
Revolution, and the hijab has become compulsory. It creates much violence in
Iran by women for not wearing the hijab, and we also see that the punishment
for not wearing hijab or not wearing hijab correctly is rigorous. But as we see
in India, there is no such punishment for not wearing a hijab. Because India is
a secular country, there are no rules and regulations for such things. The
Indian Constitution also gives everyone freedom to practice their religion
according to articles 25 and 26 of The Indian Constitution.
Banning
hijab from educational institutions is correct because, in educational
institutes, no one is known now for his religion. And in educational
institutes, all children are equal in the eye of education. When we didn't ban
the hijab from education institutes, we allowed everyone to wear their
religious things, and this rule created violence b/w religious groups.
It
is necessary for every Muslim woman up to 9 years of age to wear a hijab. While
such head coverings can come in many forms, hijab often specifically refers to
a cloth wrapped around the head, neck, and chest, covering the hair and neck
but leaving the face visible.
As we saw, hijab is an important topic over the world. Because every year, we see one and more cases of hijab from every corner of the world. And in 2022, we see the most famous case of hijab in India from Karnataka state.
I
explain this below, and the conclusion of that case is banning the hijab from
the educational institute because, in every educational institute, all children
are equal in the eye of education. And wearing clothes that disturb the
equality, integrity, and public order in schools and colleges, and it
distributes the children in every school and college. So, in my opinion, the
hijab is a banned educational institute. But the hijab is a right of every
Muslim woman according to The Indian Constitution. So, they can wear a hijab
when they want to wear it.
INTRODUCTION
In
modern usage, hijab (Arabic: ḥijāb, pronounced) often refers to the head
covering worn by some Muslim women. Hijab is mandatory for every Muslim woman
up to the age of 9. Although the head covering can be of various shapes, hijab
usually refers to the fabric covering the head, neck, and chest, covering the
hair and neck but leaving the face visible.
The word hijab was initially used to refer to a leader covering or hijab or Islamic etiquette rules. Used in verses of the Qur'an, the word jilbab sometimes refers to the veil that separates visitors to Muhammad's leading home and the residence of his wives.
This
has led some to argue that the Qur'an's mandate is only for Muhammad's wives.
Another interpretation also refers to women’s separation from men in the social
sphere. The metaphysical dimension refers to "the veil that separates men
or the world from God." For some, the word hijab in the Qur'an is khimar.
The Qur'an orders Muslim women to dress modestly; for some, the hijab is used
to protect coyness and privacy from men associated with Muslim girls and women.
According to the Encyclopaedia of Islam and the Muslim World, modesty refers to
the "appearance, gait, dress, and private parts" of men and women. Some
Islamic legal systems define unostentatious clothing as covering everything
except the face and hands. These instructions are found in hadiths and Fiqh
texts developed after the Qur'an. Some believe this is taken from the Qur'anic
verse that refers to the hijab; others believe that the Qur'an does not require
women to wear hijab.
History of Hijab
Pre-Islamic
hijab practice
Hijab did not appear with the arrival of Islam. Statues depicting veiled priests date back to 2500 BC. In ancient Mesopotamia and the Byzantine, Greek, and Persian empires, select women wore the veil to signify honor and status. In ancient Mesopotamia, Assyria had specific laws about what women should and should not veil, depending on their class, quality, and societal role. Girls and concubines were forbidden to wear veils and were severely punished for doing so. So veiling is not only a symbol of aristocratic status but also serves to distinguish "respectable" women from people in public.
Strict
seclusion and veiling of matrons were common in ancient Greece. Between 550 and
323 BC, in pre-Christian classical Greek society, respectable women were expected
to distance themselves and also wear those clothes that would hide them
from the prying eyes of prying men. Roman Paganism included head coverings worn
by the priests of the Vestal Virgins.
According to Leila Ahmed, there is evidence that the hijab and strict norms of women's seclusion in Christian Byzantine literature were influenced by ancient Persian customs and differed significantly in practice. "Whatever the source of culture or source, fierce misogyny is a unique part of Mediterranean and Christian thought centuries before Islam," says Leila Ahmed. Ahmed interprets the veiling and separation of the sexes as an expression of misogynistic attitudes. This gender shame focuses more on the chagrin of the female body and the danger of seeing it exposed.
During Muhammad's time,
The available evidence shows that the hijab was not introduced to Arabia by Muhammad but was already there, especially in the cities, and was not widespread in neighboring countries such as Syria and Palestine. Similarly, among the Greeks, Romans, Jews, and Assyrians, this practice was associated with high social status. In early Islamic writings, the word jilbab does not distinguish between hijab and hijab and can mean "veil" or "veil." The only verse in the Qur'an that is specific to women's clothing is the one that promotes modesty, instructing women to protect their private parts and pull their hijabs over their breasts when men are around. The modern concept of hijab originates from 627 AD when the "verse of hijab" was revealed to the people. Now the verse documented in 33:53 says: "And if you ask [their wives] anything, ask them to return the portion. This is purer for the heart and mind." This verse is generally addressed only to the wives of Prophet Muhammad (PBUH). As Muhammad's influence grew, more and more people came to the mosque, which was then his home. This guest often lives just a few meters from his wife's apartment. It is usually hinted that this verse is intended to protect women from these strangers. The term "wearing a hijab" in Muhammad SAW was replaced by "being the wife of Muhammad" in the al-hijab database.
Later pre-modern history
The practice of veiling was a sign of honor and high social status among the elite of the Byzantine and Persian empires when the Arabs conquered those empires. Reza Aslan: "After Muhammad died, the hijab was not enforced or widely accepted, and many male scribes and legal scholars began to use their religious and political power to regain the authority they had lost in society as a result of the prophet's egalitarian reform." Since Islam is defined as the only religion of the conquered kingdoms, this practice is seen as an expression of the Qur'anic ideals of righteousness and holiness. The hijab gradually spread to upper-class Arab women and eventually became widespread among Muslim women in Middle Eastern cities. The veiling of Arab Muslim women became widespread during the Ottoman period as a fatwa status and a whole way of life, and the 17th century Istanbul witnessed a variety of dress styles reflecting geographic characteristics and occupation. Women in rural areas are slower to wear the hijab because the clothing prevents them from working in the fields. Because wearing a hijab is not suitable for working women, "veiled women quietly declare that their husbands are rich enough to be unemployed." Until the 19th century, upper-class urban Muslim and Christian women in Egypt used to wear hijabs and burkas (a muslin cloth covering the nose and lower mouth). The name of this dress is derived from early Christian and Jewish religious words, which may indicate its origin. Until the first half of the 20th century, women who lives in the rural areas of Morocco and Egypt wore a form of niqab when they visited urban areas as a "symbol of civilization."
How does the Qur'an define hijab?
The
Qur'an talks about the hijab. The meaning of verses 30-31 of the 24th chapter
of the Qur'an: [Tell the believers to close their eyes and be humble. It's
cleaner for them. Here you go! God knows what they are doing. Tell the
believing women to close their eyes and be polite, only show what is visible of
their embellishment, and they should hold their hijab over their stomachs and not show their embellishment which is saved to their husbands or their fathers
or their husbands' fathers. Their sons, husbands, relatives, brothers, sisters,
wives, enslaved people, weak male workers, or children know nothing about
female nudity. Let them not mark their feet to reveal what they hide in their
ornaments. O people of faith, turn to God together.
Verse 59 gives meaning: [O Prophet! Tell your wives, daughters, and believing women to close their clothes around them [if you go abroad]. It would be better, so recognizable and not annoying. God is Most Forgiving and Most Merciful.] The above verses show that Allah SWT commands women to wear hijab, but this word is not stated in the above verses. The word hijab means more than a body covering; it refers to the code of etiquette outlined in the above paragraph.
Words
used
●
"Keep your eyes down,"
"soft,"
●
"don't show your beauty,"
●
"Draw a curtain on your stomach,"
and
●
"don't step on your feet,"
It
should be clear to Anyone who thinks about the meaning of the above words in
the Qur'an. During the Prophet's time, women wore clothes covering their heads
but not adequately covering their stomachs. So, when they asked her to pull her
veil over her chest so as not to reveal her beauty, it was clear that the dress
had to cover the head and body. Hair is considered an attractive part of a
woman's beauty, not only in Arab culture but in many cultures worldwide.
Is the hijab mandatary in Islam?
The
hijab is obligatory for every Muslim woman once she starts mensurating. Many
younger girls keep their hijabs on and off but it’s not mandatory to wear them. The
head covering can be of various shapes, hijab usually refers to the fabric
covering the head, neck, and chest, covering the hair and neck but leaving the
face visible.
What is the difference between hijab and burqa?
The difference between hijab and burqa is vital because they are two different types of clothing. Hijab is a hijab that covers a woman's hair, neck, and sometimes shoulders and chest. The burqa comes in various designs but usually covers a woman's face and head and covers most or all of her body.
Women
use hijab and burqa to observe the Islamic code of modesty. Burqas are used by
women living in Afghanistan or Pakistan, while women in many cultures use
hijabs.
The
term "Hijab" can be used for two different meanings. The first is an
expression of Muslim women's general commitment to standards of modesty in
dress. This word describes a unique garment, hijab, or hijab worn by Muslim
women to cover their heads and hair. There are many types of hijabs according
to the culture and preferences of the women who wear them.
It
usually covers the hair and neck of women who wear hijab. In some cases, the
hijab may be draped over the shoulders for additional coverage. The hijab
usually does not cover a woman's face, although she may choose to wear it in
addition to her hijab. The burqa is a traditional garment that provides ample
coverage to the wearer. Unlike hijab, the burqa covers the wearer's face and
eyes.
A mesh square built into the burka allows the woman to see what is ahead of her. Some burqas cover only a woman's head, face, and body, while others have a veil that a woman can wear without revealing the rest of her body if she needs or wants to. Covering a woman's face and eyes is an essential difference between the hijab and the burqa.
Wearing of hijab is banned from the educational institute or not?
According
to my internet research, "wearing hijab in educational institutions is not
prohibited" because, in the constitution of India, 1950, every person has
the fundamental right to perform their religious/cultural duties as stated in
Article 3 of the shape of India. Basviolents Article 25, 26. This explains that
every person has freedom of conscience, practice, and control of religious
affairs. Everyone in India follows the rules and regulations of their religion.
As in the Sikh religion, all men wear a turban.
But when Muslim women wear hijab, why does society want to ban it? Muslim women have certain rights to wear the hijab in the Indian constitution of 1950.
In this, Which Have To follow:
· Institute Rules & Regulations and Constitution,
I think it is correct if the hijab is banned in educational institutions because no educational institutions are recognized by their religion anymore. In academic institutions, all children are equal in education. When we do not ban hijab in educational institutions, we allow everyone to wear their religious items, which usually creates violent religious groups.
Recent cases which pull over the hijab in front/top over the world:
-
In
most cases, remove the hijab towards the front/top of the world.
Karnataka Cases: -
In
early February 2022, a school uniform controversy erupted in the Indian state
of Karnataka when several Muslim students at a junior high school who wanted to
wear the hijab were denied entry, citing a violation of the college's uniform
policy. Students of other religions are also persecuted. In recent weeks, the
controversy has spread to other schools and colleges in the country, where
groups of Indian students have protested by demanding the wearing of saffron
scarves.
On
February 5, the Karnataka government issued an order to make dress compulsory
wherever there is a policy, and there are no exceptions to wearing the hijab.
Some educational institutions spoke of the order and banned Muslim women
wearing the hijab from entering. A petition was filed for the student facing
the High Court of Karnataka.
On
February 10, the Supreme Court issued an interim order banning all students
from wearing religious clothing.
The
order requires students and, in some cases, teachers to remove their
headscarves and burqas outside school gates in all schools and colleges in
Karnataka. After nearly 23 hours of hearings over 11 days, the court ruled on
March 15, 2022, upholding the ban on the hijab. The court ruled that the hijab
is not a substantive religious practice in Islam.
Y
category security has been provided to the Karnataka High Court judge who
passed the hijab verdict, and two people have been arrested for making
threatening speeches. The enforcement of dress codes by educational institutions
that ban the hijab has been criticized in India and abroad by officials in
countries such as the United States and Pakistan, Human Rights Watch, and
figures such as Malala Yousafzai.
The
ban was defended by politicians like Arif Mohammad Khan, Aditya Thackeray,
Vishwa Hindi Parishad, and activist Taslima Nasreen. The Karnataka High Court,
on March 15, 2022, upheld the hijab ban by educational institutions. The court
held that the hijab is not an essential religious practice in Islam and therefore
does not establish a fundamental right under Article 25 of the constitution.
Spiritual house The Supreme Court of India has rejected pleas seeking an urgent trial of the case. The lawyer hopes the court will urgently take the girls to sit for school exams and not lose last year’s progress. The Chief Justice of India, N. N. Ramana, rejected this request, who said that the trial had nothing to do with the matter and that the case was not sensationalized.
Iran case: -
In
Iran, in 1981, after the Islamic Revolution of 1979, the hijab became
mandatory. All women must wear a dress and hijab in public. In the Middle Ages,
Turkic shepherds came from Central Asia, and their women did not wear hijabs.
However, after Safavid centralization in the 16th century, the hijab became the
standard head covering for most of the religious women in urban areas around the
Iranian Empire.
The only exceptions to this are in villages like the Qashqai and among the cattle tribes. The full-face veil is rare among Iranians and usually reserved for local Arabs and Afghans. Then, at the end of the 19th century, during the economic depression of the Qajar dynasty, the poorest religious urban women could not afford the hijab. On January 8, 1936, Reza Shah, issued a decree which mentioned of banning all veils. Official measures were eased under Reza Shah's successor, Muhammad Reza Pahlavi, and wearing a hijab or chador was no longer a crime but considered a sign of backwardness or membership of the lower class. In the 1970s, chadors were usually patterned or in lighter colors, such as white or dark; Black chadors were traditionally reserved for mourning and only became more acceptable casual wear from the mid-1970s, but in pre-revolutionary Iran, the black chador outside of Qom was associated with loyalty to political Islam and stigmatized. Trends in Iranian society.
Discrimination
against women who wear the hijab or chador is still widespread, with government
agencies actively banning their use and some restaurants refusing to serve
women who wear them. After the revolution, the hijab gradually became
mandatory. In 1979, Ayatollah Khomeini declared that women must follow the
Islamic dress code. Beginning on March 8, 1979 (International Women's Day), almost
immediately, thousands of women began to protest against the mandatory hijab.
The protest continued for six days until March 14. The demonstration was
followed by assurances from the government that the statement was only
advisory.
The hijab was made mandatory in government and public offices in 1980 and became compulsory for all women (non-Muslims and non-citizens) in 1983. According to one source, the hijab rule is the raison d'etre of the Islamic Republic. Two of the slogans of the 1979 revolution were "Wear a veil, or we will hit your head" and "Death to those who open up." Under Article 638, Book 5, women in Iran who do not wear the hijab can be imprisoned for ten days to two months and fined between 50,000 and 500,000 rials, adjusted for inflation. In 1983, the Islamic Council decided that women who did not cover their hair in public would be punished with 74 lashes. Since 1995, undisclosed women can be jailed for up to 60 days.
In
May 2017, My Secret Freedom, an Iranian online movement supporting women's
suffrage, launched the White Wednesday movement: a campaign calling on men and
women to wear a white hijab, T-shirt, or bracelet to show opposition to the
compulsory hijab.
The
movement code focuses on women who proudly wear their veils but rejects the
idea that all women in Iran should be forced to cover up. Masih Alinejad, an
Iranian-born journalist and activist, based in the UK and US, created a
movement to protest Iran's mandatory hijab rule. She explained the 2017
movement on Facebook like this: "This campaign is aimed at women who are
willing to wear the hijab but oppose the idea of forcing it on others.
So,
it isn’t very respectful. It also shows that they disagree with the
campaign." posted photos and videos of Iranian women wearing white pieces
on social media. Hijab is dominant. On December 27, 2017, 31-year-old Vida
Movahed, also known as "The English Street Girl," was arrested for
public exposure after a video of the girl went viral on social media. The
footage shows Mohamed silently shaking her white hijab, which was removed from
her head and kept on a stick-on Tehran's Revolution Street for an hour.
Initially, the move was thought to be related to the widespread protests in
Iran, but Movahed confirmed that the move was in support of the White Wednesday
campaign of 2017. Vida's arrest sparked outrage on social media, with many
Iranians posting "#Where is she?" He shared a video of his protest
with his friends. On January 28, 2018, prominent human rights lawyer Nasrin
Sotoudeh announced on Facebook that Vida had been released.
A
few weeks later, Sotoudeh revealed the girl's identity. In the following weeks,
several people appeared publicly to remove Wida's hijab and wave it in the air.
On February 1, 2018, Iranian police announced that they had arrested 29 people,
primarily women, for removing their hijab, which is against Iranian law. Shima
Babaei was arrested after removing her head in court as a symbol of her
commitment to the cause.
On
February 23, 2018, Iranian police issued an official statement saying that
women protesting Iran's mandatory veil would be charged with "encouraging
corruption and prostitution" and face a maximum prison sentence of 10
years. Before this change, according to Article 638 of the Islamic Criminal
Code of the Islamic Republic of Iran: "Anyone who commits illegal acts
(sins) openly in public places and streets will be punished in addition to the
punishment provided for that act. Two months imprisonment or with 74 lashes. If
they commit a show that is not punished but violates public wisdom, they will
be imprisoned for ten days to two months or punished with 74 lashes.
Hijab
will be imprisoned for ten days to two months or fined five hundred and fifty
thousand rials. Following the announcement, several women were reportedly
physically assaulted by police after their arrests, and some were sentenced to
years in prison for disobedience. In one video, a woman stands on top of a tall
box and opens it, offering a white scarf to passers-by. The video shows a man
in a police uniform throwing the woman to the ground. Shortly after the video
was released, the Interior Ministry accused the police of using physical force
against the woman. Ministry spokesman Salman Samani said on February 25, 2018,
"No one has a license to break the law, even in the role of an officer
involved in a crime."
On
March 8, 2018, a video of three Iranian women singing a feminist fight song in
the Tehran subway went viral. The women sang in honor of International Women's
Day and highlighted the plight of women due to the forced hijab and other
discriminatory laws. A video of three topless Iranian women singing "I am
Woman" calls on women to fight injustice and create a world of
"equality." The woman held hands, showed photos of past women's
rights protests, and asked other women on the subway to clap to honor
"those who live and fight against all forms of discrimination, violence,
discrimination, and abuse throughout their lives.
"At
the end of the video, one protester can be heard saying, "Happy Women's
Day to you all." On the same day, Iran's Supreme Leader Ali Khamenei
addressed a gathering of religious poets in Tehran and sent several tweets
responding to the peaceful hijab protests. Khamenei defended the dress code and
praised Islam for keeping women "simple" and in "defined
roles" such as caregivers and mothers. He also came to seduce women in the
Western world. Khamenei tweeted: "The characteristics of modern Iranian
women are modesty, chastity, visibility, and self-defense against male oppression."
He argued that the most sought-after trait of a Western woman is her ability to
attract men physically.
Also,
outside Iran, the Iranian-Scottish wrestler Melika Balali became the British
Champion in June 2022 in a match against the forced hijab, saying, "Stop
forcing the hijab. I have the right to be a wrestler". Protests against
Iran's forced hijab continued in September 2022 in response to the killing of
Mahsa Amini, who was allegedly beaten by police for wearing an
"inappropriate hijab."
CONCLUSION
We
see below what hijab is, its history, how the Quran defines it, styles of
hijab, and many more topics related to hijab and some cases like Karnataka
2022. And we also saw the condition of females in Iran after the 1979 Islamic
Revolution, and the hijab has become compulsory. It creates much violence in
Iran by women for not wearing the hijab, and we also see that the punishment
for not wearing hijab or not wearing hijab correctly is rigorous. But as we see
in India, there is no such punishment for not wearing a hijab. Because India is
a secular country, there are no rules and regulations for such things. The
Indian Constitution also gives everyone freedom to practice their religion
according to articles 25 and 26 of The Indian Constitution.
Banning
hijab from educational institutions is correct because, in educational
institutes, no one is known now for his religion. And in educational
institutes, all children are equal in the eye of education. When we didn't ban
the hijab from education institutes, we allowed everyone to wear their
religious things, and this rule created violence b/w religious groups.
It
is obligatory for every Muslim woman up to 9 years of age to wear a hijab.
While such head coverings can come in many forms, hijab often specifically refers
to a cloth wrapped around the head, neck, and chest, covering the hair and neck
but leaving the face visible. As we saw, hijab is an important topic over the
world. Because every year, we see one and more cases of hijab from every corner
of the world.
And
in 2022, we see the most famous case of hijab in India from Karnataka state. I
explain this below, and the conclusion of that case is banning the hijab from
the educational institute because, in every educational institute, all children
are equal in the eye of education. And wearing clothes that disturb equality,
integrity, and public order in schools and colleges, and it distributes the
children in every school and college. So, in my opinion, the hijab is a banned
educational institute.
But the hijab is a right of every Muslim woman according to The Indian Constitution. So, they can wear a hijab when they want to wear it.
REFERENCES
2. https://en.wikipedia.org/wiki/Hijab
3. https://en.wikipedia.org/wiki/Iranian_protests_against_compulsory_hijab
5. https://www.scobserver.in/cases/hijab-ban-karnataka-educational-institutions/
6. https://islamonline.net/en/is-hijab-a-quranic-commandment/
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