SOCIETAL

AND LEGAL
ASPECTS
OF
HIJAB
  TABLE OF CONTENTS

1. INTRODUCTION
2. HISTORICAL
BACKGROUND
3. KARNATAKA HIJAB ROW
4. REASONING
5. OPINION
6. CONCLUSION

INTRODUCTION
India has the most diverse country when it comes to the name of the religion.
Every religion have its own practices and which are protected by the
constitution of india under Article 25 which says “all persons are equally
entitled to freedom of conscience and the right to freely profess, practice, and
propagate religion subject to public order, morality and health." Further,
Article 26 says that all denominations can manage their own affairs in matters
of religion.

Hijab is a scarf or clothing worn by Muslim women to cover their hair in order
to maintain modesty and privacy from unrelated males either in public or at
home.

All schools of Islamic law require that Muslim women wear observe the hijab.
Conceptually, the hijab is a set of requirements according to which both
women and men must cover certain parts of their body .While the
requirements for men are similar to common expectations of public decency
in the modern world, those for women extend to cover the entirety of the
body except for their face and hands, with legal schools differing on the
requirements for women to cover their feet, face, and wrists. Colloquially, the
word "hijab" refers to the headgear employed by Muslim women to cover
their hair and neck. There are many cultural variations on the hijab garment,
many of which provide different degrees of coverage, including famously the
burqa, niqab, and dupata.

While the Quran contains general guidelines on why and how the hijab should
be observed, the hadith literature is more particular in its discussion of what
the circumstances behind the revelation of the hijab requirements were and
what precisely it entails. The reasoning and requirements found in the Quran
suggesting the hijab is intended to protect the anonymity of women,
particularly Muhammad's wives who were being targeted and harassed by his
close companion Umar (also the second of the rightly-guided caliphs), and the
account in the Quran suggesting that the hijab is intended to hide women's
beauty so as to prevent molestation.
HISTORICAL BACKGROUND

Historic pieces of evidence suggest that veiling was not introduced in Arabia
by the last Prophet of Islam, but already existed there and was associated with
high social status.

Sura 33:53 of Quran states, "And when you ask [his wives] for something, ask
them from behind a partition. That is purer for your hearts and their hearts."
The verse descended upon the Islamic community in 627 CE and the term for
donning the veil, darabat al-hijab, was used interchangeably with "being
Muhammad's wife".

Pre-Islamic veiling practice

The practice of wearing a veil predates the establishment of Islam. Priestesses

in veils have been portrayed in statues as far back as 2500 BC.

The veil was a symbol of respectability and high rank worn by elite women in
ancient Mesopotamia as well as in the Byzantine, Greek, and Persian empires.

According to the woman's class, status, and line of work in society, Assyria's
clear sumptuary regulations in ancient Mesopotamia specified which women
must veil and which women must not.

In ancient Greece, it was likewise normal for matrons to wear veils and to
maintain strict seclusion.

Respectable women in classical Greek society were expected to keep to

themselves and wear attire that shielded them from the gaze of unfamiliar
males between 550 and 323 BCE, before the advent of Christianity.

During Muhammad’s lifetime

Veiling was not introduced into Arabia by Muhammad, but already existed
there, particularly in the towns

Similar to how it was done by the Greeks, Romans, Jews, and Assyrians, using
it was a sign of high social standing.

Muhammad hosted a growing number of guests in the mosque, which served

as his residence, as his power grew. These guests frequently spent the night
just a few feet from his wives' apartments. It is generally accepted that the
purpose of some verses of veiling was to shield his wives from these
outsiders.  

Darabat al-hijab, the phrase for wearing the veil, was synonymous with
"becoming Muhammad's wife" during Muhammad's lifetime.

Later pre-modern history

• Veiling gradually spread to upper-class Arab women, and eventually it

became widespread among Muslim women in cities throughout the
Middle East. 

• In the 1900’s upper-class Muslim and Christian women in Egypt wore

a headdress and a burqa (muslin that covered the lower part of the nose
and mouth). The name of this garment, harabah, derives from the early
Christian .

• Until the first half of the 20th century, rural women from the Maghreb

and Egypt wore a form of niqab when visiting urban areas, “as a sign of
civilization“

• Since wearing the veil was not practical for working women, "a veiled

woman quietly announced that her husband was rich enough to keep
her inactive."
 MODERN HISTORY

• After the Soviet-Afghan War, the military dictatorship

in Pakistan and the Iranian Revolution of 1979, when traditional
conservative attire, including the abaya, jilbab and niqab, made a
comeback

• At the end of the 20th century, the hijab experienced a resurgence in

Egypt after a long period of decline due to Westernization.

As early as the mid-1970s, some Muslim men and women of college

age began a movement to come together and recommit to the Islamic
faithThis movement was called Sahwah.

• Soon this movement spread outside the youth realm and became a more

widespread Muslim practice. Women saw this style of dress as a way to
publicly express their religious beliefs while rejecting then-dominant
Western influences on dress and culture.

KARNATAKA HIJAB ROW

The Karnataka High Court on Friday ordered that students should not wear
hijab, saffron shawls (bhagwa) or use any religious flags while attending
classes in Karnataka colleges which have a prescribed uniform, till the Court
decides the case relating to ban on hijab in certain government colleges. The
interim order was passed by a Bench of Chief Justice Ritu Raj Awasthi and
Justices Krishna S Dixit and JM Khazi in a batch of petitions filed by Muslim
girl students in the State claiming that they were not being allowed to enter
colleges on account of the government order which effectively bans the
wearing of hijab.
Grounds on which the K’taka govt order has been challenged?

1. Wearing a hijab is an expression protected under Article 19(1)(a) of the

Constitution which guarantees the right to freedom of speech and
expression. Constitutionally, a right under Article 19(1)(a) can only be
limited on the “reasonable restrictions” mentioned in Article 19(2).
2. This includes sovereignty and integrity of India, friendly relations with
foreign states, public order, decency or morality or in relation to
contempt of courts, defamation or incitement to an offence.
3. Student silently wearing a hijab/headscarf and attending class cannot in
any manner be said to be a practice that disturbs “public order” and is
only a profession of their faith.
4. Ban on headscarves violates the fundamental right to equality since
other religious markers, such as a turban worn by a Sikh, are not
explicitly prohibited.
5. Senior advocate Sanjay Hedge, appearing for the petitioners, also argued
that the rules prescribed wearing of a dupatta for women and the state
cannot dictate the manner of wearing that dupatta if a student wishes to
cover her head with it.

What is the government order?

FATIMA BUSHRA VERSUS STATE OF KARNATAKA

On February 5, the Karnataka government passed an order exercising its

powers under Section 133(2) of the Karnataka Education Act, 1983 which
grants the state to issue directives for government educational institutions to
follow.

In 2013, under this provision, the state had issued a directive making
uniforms compulsory for education institutions. Referring to the 2013
directive, the latest directive specifies that a headscarf is not part of the
uniform.
It states that wearing a headscarf is not an essential religious practice for
Muslims that can be protected under the Constitution.

The order takes refuge in three cases decided by different High Courts to hold
that banning the headscarf is not violative of fundamental rights, particularly
freedom of religion.

The petitioners, however, have argued that the facts and circumstances of the
three cases are different and cannot be applied to the Karnataka case.

This means that the High Court will have to first decide whether wearing a
hijab is an essential religious practice.

CRITERIA FOR HIJAB ACCORDING TO ISLAM

According to Qur’an and Sunnah there are basically six criteria for observing
hijaab:

1. Extent: The first criterion is the extent of the body that should be
covered. This is different for men and women. The extent of covering
obligatory on the male is to cover the body at least from the navel to the
knees. For women, the extent of covering obligatory is to cover the
complete body except the face and the hands up to the wrists. If they
wish to, they can cover even these parts of the body. Some scholars of
Islam insist that the face and the hands are part of the obligatory extent
of ‘hijaab’ All the remaining five criteria are the same for men and
women.
2. The clothes worn should be loose and should not reveal the figure.
3. The clothes worn should not be transparent or translucent such that
one can see through them.
4. The clothes worn should not be so glamorous as to attract the opposite
sex.
5. The clothes worn should not resemble that of the opposite sex.

RULES OF WEARING HIJAB:

Many Muslim girls struggle with the question of whether they should wear the
hijab, especially if they live somewhere where Islam isn't the predominant
religion. While the choice is ultimately up to you, there will undoubtedly be a
variety of factors influencing your decision, and it can feel overwhelming at
times.

Following are the rules of wearing hijab in islam:

1. Recognize what the hijab is: The term hijab is actually the Arabic term
for creating a partition or barrier, and doesn't specifically mean a type
of head covering.[1] In Islam, hijab consists of the fundamental
behaviors for modesty, as well as how Muslims should dress. These
rules apply to both men and women, and vary depending on how close
the person is to reaching puberty.
 Many people frequently refer to a headscarf of any sort as a hijab,
so the meaning is often context-dependent.
 One of the most important purposes of hijab is to identify the
wearer as an adherent of Islam.
2. Understand basic modesty in Islamic culture: Muslims are required
by the Quran to be modest, especially around those of another gender,
and must cover their awrah (what is deemed a private area in Islam).
What counts as the awrah is largely dependent on the age and sex of the
person in question - for example, babies do not have an awrah, and
young children only need to cover their private parts.
 The awrah for a woman shortly before and after she reaches
puberty is from her head to her ankles. Most scholars agree that
it's acceptable to leave your face and hands uncovered, though not
everyone agrees on whether you should cover your feet.
3. Read the Quran verses about veiling: To gain a better understanding
of the rules of veiling, it's important to read the Quran verses that
address it, with the most frequently cited verses being 24:31 and 33:59.
 "And tell the believing women to reduce [some] of their vision and
guard their private parts and not expose their adornment except
that which [necessarily] appears thereof and to wrap [a portion
of] their headcovers over their chests and not expose their
 adornment except to their husbands, their fathers, their husbands'
fathers, their sons, their husbands' sons, their brothers, their
brothers' sons, their sisters' sons, their women, that which their
right hands possess, or those male attendants having no physical
desire, or children who are not yet aware of the private aspects of
women. And let them not stamp their feet to make known what
they conceal of their adornment. And turn to Allah in repentance,
all of you, O believers, that you might succeed."
4. Be aware of the full religious significance of veiling: The hijab isn't
just your headscarf - it's how you cover yourself in general. The
requirements of hijab mean that the awrah must be covered. Simply put,
the "rules" of wearing the hijab are:
 To not display your appearance (beauty) except what is already
apparent (i.e., your face and hands, and possibly your feet).
 To avoid showing hair on your head.
 To refrain from wearing tight clothing, so your figure isn't
exposed.
 To wear your hijab so that it covers your head, neck, and chest
(though not all Muslims wear their hijab in this way).
 To avoid unveiling around those who are non-mahram.
 The use of makeup while wearing hijab is debated, since the use of
makeup can draw attention to your features. Most people agree
that light application of makeup is acceptable, though, as long as it
wasn't meant to draw the attention of others.

Can a girl wear hijab in School, Collages, and Institution?

No Fundamental Right To Wear Hijab In Classroom Defying Uniform Rule :

Karnataka AG Tells Supreme Court. The Supreme Court today continued
hearing the petitions challenging the Karnataka High Court's judgment which
upheld the ban on wearing hijab by Muslim students in educational
institutions.
Origin of Hijab- Why was the hijab created?
The Qur'an generally advances the view that an unveiled woman is to some
extent deliberately exposing herself to the increased possibility of harassment
or assault. Consequently, the idea that the criminal's culpability in some way
reduced as a result of this "encouragement" is widespread among Islamic
scholars and societies.

This reasoning differs significantly from the story found in the hadith
regarding the reason for the revelation of the hijab requirements, where ideas
of modesty and protection against assault are absent. Critics have suggested
that if the story found in the hadith regarding the revelation of the hijab
verses is reliable, then the reasoning of modesty given in the verses was most
likely a latter rationalization of the practice on Muhammad's part rather than
the original motivation.

Quran 24:31 states that the purpose of the hijab is to hide women's beauty
from men.

Corpus: And say to the believing women that they should lower of their gaze
and they should guard their chastity, and not to display their adornment
except what is apparent of it. And let them draw their head covers over their
bosoms, and not to display their adornment except to their husbands, or their
fathers or fathers of their husbands or their sons or sons of their husbands or
their brothers or sons of their brothers or sons of their sisters, or their women
or what possess their right hands or the attendants having no physical desire
among the men or the children who are not aware of private aspects of the
women. And not let them stamp their feet to make known what they conceal
of their adornment. And turn to Allah altogether O believers! So that you may
succeed.

Quran 33:59 states that the purpose of the hijab is to distinguish free Muslim
women (presumably from non-Muslim or slave women, who do not have to
observe the hijab) in order to prevent them from being molested/harassed.
Corpus:O Prophet! Say to your wives and your daughters and the women of
the believers to draw over themselves of their outer garments. That is more
suitable that they should be known and not harmed. And is Allah Oft-
Forgiving, Most Merciful.

Reasoning on the hijab

Protection of chastity and against assault

While Islamic legal scholars are assiduous in pointing out that Islamic laws,
being direct orders from God, need not provide practical benefit to merit
fulfillment, most today hold that the practical reasoning behind the obligation
of the hijab is that it protects women from sexual assault by suppressing their
attractiveness and serves to help them guard their own chastity. The following
hadith account is often referenced in this vein of reasoning.

Traditional counter-perspectives and modern criticisms

While modern scholars have inclined precipitously toward the rationale of

chastity and assault protection, most probably due to its appealing to some
form of practical reasoning, the traditional understanding and the
understanding most straightforwardly found in the Islamic scriptures
themselves appears to be that the hjiab serves to obscure the public identity
of women to some extent and to prevent men from observing their physique.
One criticism that has been presented against the above interpretation of the
account regarding the eunuch found in the hadiths is that if Muhammad's
concern had been the chastity and protection of the women from assault, then
whether or not they wore the hijab in the presence of eunuch should not have
made a difference. A eunuch, after all, could not pose any threat to the
women's chastity or safety. The reason Muhammad did give in the hadiths is
that he did not want the eunuch to observe the women. This, rather than the
protection of women as such, appears to better fit both the legal requirements
of the hijab and narratives presented in Islamic scriptures.
A more poignant criticism presented by critics, however, has been that if the
hijab seeks to protect women from sexual assault, it wholly fails to serve this
purpose. Islamic countries where the overwhelming majorities of women
observe the hijab have been found to have some of the highest rates of women
experiencing all manner of sexual harassment. In Egypt, for instance, women
and young girls are harassed 7 times every 200 meters and in Saudi Arabia,
where the observance of hijab is strictly enforced throughout the country,
women experience one of the highest rates of rape in the world.

Women’s opinion on wearing hijab- positive and

negative .

: Many women states that they feel safe while wearing hijab and its there
freedom to wear whatever they want to be as they are living in a democratic

Country and they have the right to be treated equally as mentioned under
articles 14 15 and 25 .

Although some people states that in an educational institute there are no

rights all students are same so everyone should remain same and should be in
a proper uniform also hijab is not a compulsory practice so it is not right to
wear hijab.

The most common form of violence against women in Iran

The rate of domestic violence against women in Iran is the world’s highest but
the most prevalent form of violence against Iranian women is perpetrated by
the ruling regime in its efforts to enforce the mandatory Hijab on them.

If at least 66 percent of Iranian women experience domestic violence in their

homes, one must say that virtually 100 percent of them experience the state-
sponsored violence to enforce the veil everywhere, every day and round the
clock on the streets of cities across the country.
The Commander of the State Security Force, Hossein Ashtari, once boasted
that his forces arrest at least 2,000 women every day in cities across the
country, for flouting the compulsory veil (The state-run Tasnim news agency,
September 29, 2016).

These arrests are accompanied by violence, and 27 ministries and institutions

are tasked with enforcing the mandatory Hijab on Iranian women.

In very few occasions where a bystander manages to film the state security
forces or morality patrols’ treatment of women in the streets, the video clips
are truly heart-rending and horrifying. They bring to life the pain and horror
of Iranian women who are routinely denied their freedom to choose their
clothing.

One of the regime’s female MPs once acknowledged that there are long-lasting
psychological consequences for women who are dealt with by the Guidance
Patrol. Parvaneh Salahshouri told a parliamentary session, “The anxiety and
fear caused by the Guidance Patrol affects some young women and girls for
long years, leaving undesirable psychological consequences. As an MP, I have
seen cases when the girl’s cover was not that bad but such unprincipled
approaches have caused psychological problems for the person which has led
to other ailments”.

INDIAN LAWS RELATED TO HIJAB

1. Wearing a hijab is an expression protected under Article 19(1)(a) of the

Constitution which guarantees the right to freedom of speech and
expression. Constitutionally, a right under Article 19(1)(a) can only be
limited on the “reasonable restrictions” mentioned in Article 19(2).
 2. This includes sovereignty and integrity of India, friendly relations with
foreign states, public order, decency or morality or in relation to contempt of
courts, defamation or incitement to an offence.
3. Student silently wearing a hijab/headscarf and attending class cannot in any
manner be said to be a practice that disturbs “public order” and is only a
profession of their faith.
4. Ban on headscarves violates the fundamental right to equality since other
religious markers, such as a turban worn by a Sikh, are not explicitly
prohibited.
5. It is also argued that the rules prescribed wearing of a dupatta for women
and the state cannot dictate the manner of wearing that dupatta if a student
wishes to cover her head with it.

Foreign Laws
French

GENEVA (23 October 2018) — In two landmark decisions, the United Nations
Human Rights Committee found that France violated the human rights of two
women by fining them for wearing the niqab, a full-body Islamic veil.

The two decisions, which were considered concurrently since they posed
identical legal questions, are available to read in full (in French): 1 and 2.

The Human Rights Committee received the two complaints in 2016, after two
French women were prosecuted and convicted in 2012 for wearing articles of
clothing intended to conceal their faces in public. France in 2010 adopted a
law stipulating that “No one may, in a public space, wear any article of clothing
intended to conceal the face.” The law has the effect of banning the wearing of
the full Islamic veil in public, which covers the whole body including the face,
leaving just a narrow slit for the eyes.
The Committee found that the general criminal ban on the wearing of the
niqab in public introduced by the French law disproportionately harmed the
petitioners’ right to manifest their religious beliefs, and that France had not
adequately explained why it was necessary to prohibit this clothing. In
particular, the Committee was not persuaded by France’s claim that a ban on
face covering was necessary and proportionate from a security standpoint or
for attaining the goal of “living together” in society. The Committee
acknowledged that States could require that individuals show their faces in
specific circumstances for identification purposes, but considered that a
general ban on the niqab was too sweeping for this purpose. The Committee
also concluded that the ban, rather than protecting fully veiled women, could
have the opposite effect of confining them to their homes, impeding their
access to public services and marginalizing them.

“The decisions are not directed against the notion of secularity (laïcité), nor
are they an endorsement of a custom which many on the Committee, including
myself, regard as a form of oppression of women,” said Yuval Shany, Chair of
the Committee. Rather, he explained, the decisions represented the position of
the Committee that a general criminal ban did not allow for a reasonable
balance between public interests and individual rights.

The case was the first of its kind to be considered by the Committee. While it
regularly receives and rules on the practical application of civil and political
rights in individual cases, it had not until now considered the question of laws
which had the effect of banning the full Islamic veil.

The next step is for France within 180 days to report to the Committee on the
action it has taken to implement the Committee’s decision, including
compensation of the two petitioners and measures taken to prevent similar
violations in the future, including by reviewing the law in question.
The Human Rights Committee monitors States parties’ adherence to the
International Covenant on Civil and Political Rights, which to date has been
ratified by 172 States parties. The Committee is made up of 18 members who
are independent human rights experts drawn from around the world, who
serve in their personal capacity and not as representatives of States parties.

Its Optional Protocol, ratified to date by 116 States parties, establishes the
right of individuals to complain to the Committee against States which
violated their human rights. The Optional Protocol imposes an international
legal obligation on State parties to comply in good faith with the Committee’s
Views. Further information on the individual complaints procedures before
the Committees.

List of countries where hijab is banned: The Karnataka HC has pronounced

its verdict on wearing hijab in schools. The court upheld the ban and ruled
that wearing of hijab is not an essential religious practice of the Islamic faith.

In view of this, we take a look at some of the countries across the world that
have placed a ban on hijab.

Austria

Austria in 2019 placed a ban on headscarves for children up to the age of ten
years to promote equality between men and women. The ban is also aimed at
boosting social integration concerning local customs.

Bosnia and Herzegovina

Despite being a secular country, wearing the hijab and other religious symbols
are banned in courts and other institutions. Presently, Muslim women
employed in judicial institutions are prohibited to wear hijab to work.
Canada

Wearing religious symbols for all public servants in positions of authority in

Canadian province Québec are prohibited.

France

France passed a law in 2004 banning all religious clothing and symbols in
schools. The law, however, doesn't apply to universities.

India

Although some schools in India do not allow girls to wear hijab in classrooms,
it is not banned in the country. Being a secular nation, the country allows
people to donn headscarves, turbans or other religious clothing in public.

Kazakhstan

Some schools banned headscarves in Kazakhastan in 2017. A year later, the

government proposed a ban on people wearing headscarves, niqabs, and
other similar forms of clothes in public.

Kosovo

Wearing of hijab in public schools, universities and government buildings is

banned since 2009. However, in 2014, Kosovo got its first women
parliamentarian with a headscarf.

Russia

Hijab is banned in schools and varsities in two regions of Russia-- the Republic
of Mordovia and the Stavropol Territory.

Conclusion
In my opinion whether to wear hijab or not is a person own personal choice,
india has given freedom to us in many ways and also fundamental rights 14 15
and 25 also give proper rights for freedom there is nothing controversial about
Muslim girls wanting to wear a headscarf, referred to ( incorrectly ) as a "hijab".
But describing the happenings in BJP-ruled Karnataka as the " hijab controversy"
is misleading. It is nothing of the kind. It is an outright assault on the right to
education of young Muslim women, guaranteed to them by the law and the
Constitution of India. It is significant that even the National Human Rights
Commission, thought to be pro-government under its new chief, issued notice to
the district authorities in Udipi on January 27after it received a complaint stating "
Facts of the case are disturbing. The allegations made in the complaint are serious
in nature involving 'Right to Education'. The case therefore involves grave
violation of human rights of the victim students."

It is thus very disappointing that the single bench of the Karnataka High Court did
not grant an interim stay against the Karnataka government' s wholly
unwarranted and misconceived order of February 5 which has jeopardized the
future of hundreds of young Muslim women studying for their final Class 12
exams scheduled in just two months. The order wrongly invokes Section 133 (2) of
the Karnataka Education Act, 1983, to state that students have to wear the dress
chosen by the college Development Committee or the Appellate Committee of
the Administrative Board of Pre-University Colleges, which come under the Pre-
University Education Department. In the event of the Administrative Committee
not selecting a uniform, "clothes which disturb equality, integrity and public law
and order should not be worn. " The use of this particular section 133(2) is itself
questionable since it permits direct intervention by the state government in
matters pertaining to " development of education." Uniforms surely do not fit into
this category.