Hijab Controversy: Unable to prove from Quran and Hadith that Face Veil is Obligatory in Islam, Petitioners Now Rely on Tradition and Voice of Conscience
The Educational
Career Of The Girls Is At Stake
Main
Points:
1. Quran does
not mandate face cover or Burqa.
2. Ulema insist
on one-eyed Burqa without any justification.
3. Petitioners
say Hijab is only a tradition.
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By
New Age Islam Staff Writer
26 February
2022
(From the Files)
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The Hijab
case has been heard and debated in the Karnataka High Court for 11 days and the
Court has reserved its order. The Solicitor General had told to the Court that
hijab was not an ERP ( Essential Religious Practice). He had qouted the
architect of Indian Constitution Dr B. R. Ambedkar that "We should leave
our religious instructions out of educational institutions." He said that
only ERP gets protection under Article 25 of Constitution. Interestingly the
contention of the petitioners, the college students, was that wearing face
cover was an Essential Religious Practice and so they should be allowed to
attend class with Hijab but their advocate could not give reference from the
Quran or Hadith that could prove that it was an ERP.
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Also Read: The Many Meanings of Hijab
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He probably
quoted Mohamnad Pickthal's translation of verse 59 of Surah Ahzab which is as
follows: " O prophet, tell thy wives, and thy daughters, and the women of
the believers to draw their cloaks close around them (when they go abroad).
That will be better, so that they may be recognised and not annoyed. Allah is
ever Forgiving and Merciful." The advocate of the petitioners also said
that in the hadith it is said that even if there is no need to cover the face,
the Hijab (head cover) is necessary. He said that wearing the face cover was a
tradition based on the voice of conscience and so it need not be seen whether
it is ERP or not. It is only a cloth that covers the head and face.
Do now the
argument rests on the fact that it is tradition based on the voice of
conscience whereas earlier it was said that face cover is a religious
ordainment. It would be appropriate here to quote the translation of another
verse from the Quran regarding Hijab: The Verse 30-31 of Surah Nur: Pickthal:
"And tell the believing women to lower their gaze and be modest and to
display their adornment only that which is apparent and to draw their veils
over their bosom and not to reveal her adornment save to their husbands, or
father's or husband's father or their sons, or their husband's sons, or their
brothers or their brothers' sons, or sisters sons, or their women or their
slaves or male attendants who lack vigour or children who know naught of women’s'
nakedness. And let them not stomp their feet so as to reveal what they hide of their
adornment. And turn into Allah together O believers in order that ye may
succeed."
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Also Read: On The Hijab Controversy
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Here
another translation of the verse of Surah Ahzab (59) done by Mohsin Khan would
be an interesting example of how the exegetes and translators of Quran have
inserted their own sectarian views in the translations violating the rules of
translation: O prophet tell your wives and your daughters and women of the
believers to draw their cloaks (veils) all over their bodies (i.e. screen
themselves completely except the eyes or one eye to see the way). That will be
better that they should be known (as free respectable women) so as not to be
annoyed. And Allah is Ever Oft Forgiving Most Merciful." Some Islamic
scholars insist that women should wear full body Burqa with a hole before one
eye. Mohsin Khan has inserted this belief in his translation though this has no
basis in Quran or Hadith. The advocate of the practitioners could not prove it
from Quran or Hadith. The translations of Pickthal or other honest translators
does not mention face cover or full body cover as mandatory. In Urdu commentary
of the verse 31 of Surah Nur, Maulana Shabbir Usmani writes: "The most
prominent part of the physical body is the breast. It's veiling was especially
enjoined and the way of eliminating the practices of Jahiliyyah was also
preached. During Jahiliyyah, women would use khumar (Dupatta) which they put in
the head and then wrapped it around the shoulders to cover the breasts.
(From the Files)
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In this way
the shape of the breast would remain prominent. It was as though the exhibition
of beauty. The Quran taught that the Dupatta should be out on head and then it
should wrapped around the breast so that ears, neck and breasts remain
completely covered." Here the covering of face is not mentioned. The controversy
started when the college administration banned face cover in the class. Some
girls had approached the Principal to seek permission to wear Hijab to class
but we're refused. According to reports, the students wing of PFI, Campus Front
of India had held a press conference to protest against the ban. Some girls had
approached the Principal and sought permission to wear Hijab in the class but
we're refused. The girl students had attended the press conference.
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Also
Read: Hijab Row Is Now Taking A Toll On Muslim Girls' Education
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If the
court order goes against them the girls will either have to remove the hijab or
leave the college. In the latter case, their educational career will come to an
end. Their dream of achieving their goals and serve their community and country
will be shattered. For this the one-eyed exegetes and Ulema as well as
conservative outfits will be responsible. The girls will have to decide whether
they will prefer face cover (Hijab) which has no basis in Quran and Hadith over
their education. They will face a big dilemma.
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