[1]  A hadith quoted on the authority of Hadrat ‘Abdullah bin Mas`ud, states that the Holy Prophet said: The woman must remain veiled and concealed. When she comes out of her house, Satan stares at her. And she is closer to Allah’s mercy when she is inside her house.” All the activities, outside the house is not permissible to women in normal circumstances. I would like to emphasize that the segregation of the genders is the essence of Hijaab in the Shariah of Sunni Islam. Maulana Maudoodi has proclaimed: “As for purdah (hijaab) it is over and above satar which is meant to segregate women from non-mahram males.”

 

[2] The verse 33/59:

 

“O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft-Forgiving, Most Merciful” is the basis of this recommendation.  The word translated here as “outer garments” is jalabib, the plural of jilbab. But it does not necessarily refer to the present day garment known as jilbab. Translators usually represent the word jalabib with general terms like cloaks or outer garments; The two most common scholarly interpretations of jilbab are a travelling coat or cloak and a sheet-like full body garment similar to the modern jilbab. Some insist that the Qur’anic meaning of jilbab is identical to the present day garment. Others maintain that today’s garment was developed as late as 1970 by the Muslim Brotherhood in Egypt. It has become tradition that Muslims in general, and Salifis in particular, believe the Qur’an demands women wear the garments known today as jilbāb and khumūr (the khumūr must be worn underneath the jilbāb). However, Qur’an translators and commentators translate the Arabic into English words with a general meaning, such as veils, head-coverings and shawls.

The esteemed Quranic commentators At-Tabari, Al-Qurtubi, Ash-Shanqeeti and others have elaborated on the form of Hijab or Jilbab i.e., “outer garments” as viewed by the Companions of the Prophet, as well as the circumstances surrounding the revelation of this ayah. They state that when the believing women used to go out at night (wearing ordinary clothes) to answer the call of nature, some hypocrites tried to annoy them, thinking the women were slave girls. The women thereby would scream out loudly causing these hypocrites to flee. There upon Allah revealed this Ayah. Al-Qurtubi states that the Jilbab is “a cloth which covers the entire body.”; Ibn Abaas and Ubaidah As-Salmani have said “that it is to be fully wrapped around the women’s body, so that nothing appears but one eye with which she can see.” The Tabi’ee, Qatadah, stated that the Jilbab should be wrapped and fixed from above the forehead and made to cover the nose, (although the eyes are to show) and the chest and most of the face are to be covered.

 

Independent objective opinion does not support the views of these Scholars.

“Muslim women remained in mixed company with men until the late sixth century (A.H.) or 11 th century (A.C.). They received guests, held meetings and went to wars to help their brothers and husbands, and they defended their castles and bastions”, according to Ibrahim B. Syed, Ph. D. President. Islamic Research Foundation International, Inc.

John Esposito professor of Islamic Studies at Georgetown University, writes that the customs of veiling and seclusion of women in early Islam were assimilated from the conquered Persian and Byzantine societies and then later on they were viewed as appropriate expressions of Quranic norms and values. The Qur’an does not stipulate veiling or seclusion; on the contrary, it tends to emphasize the participation of religious responsibility of both men and women in society. He claims  “in the midst of rapid social and economic change when traditional security and support systems are increasingly eroded and replaced by the state, hijab maintains that the state has failed to provide equal rights for men and women because the debate has been conducted within the Islamic framework, which provides women with equivalent rather than equal rights within the family.”

Bloom and Blair also write that the Qur’an does not require women to wear veils; rather, it was a social habit picked up with the expansion of Islam. In fact, since it was impractical for working women to wear veils, “A veiled woman silently announced that her husband was rich enough to keep her idle.”

 

[3] It has been ordained in the Quran (referred to earlier)  “do not talk in a soft voice…….. but speak in an unaffected manner (verse 33/32) and  “They should not stamp the ground in walking lest their hidden decoration is revealed.”(verse 24/31). It is derived from these verses that the intention of the Lord clearly seems to be that the women should not attract other men by their voice or the jingle of their ornaments unnecessarily and if at all they have to speak to the other men, they should speak to them in an unaffected tone and manner. Similarly the Holy Prophet disapproved that feminine voices should enter the ears of men unnecessarily. In case of genuine need the Qur’an itself has allowed women to speak to men, and the Holy Prophet’s wives themselves used to instruct people in religious matters. But where there is no necessity, nor any moral or religious objective, the women have been discouraged to let their voices be heard by men. Imam Shafa’i does not regard it as awrah. Many regard hearing of woman’s voice impermissible only if it may lead to fitnah. They think it is prudent, though to avoid talking to non-Mehrams; if inevitable then to avoid a soft and sweet tone. That is why it is forbidden for the woman to pronounce the call to the Prayer. Moreover, if a woman is attending a congregational Prayer and the Imam commits a mistake, she is not permitted to say Subhan-Allah like the males but should only tap her hands to call the imam’s attention to the error.

 

[4] The First Requirement: The Extent of Covering

The Second Requirement: Thickness

The Third Requirement: Looseness

The Fourth Requirement: Color, Appearance and Demeanor

The Fifth Requirement: Difference from Men’s Clothing

The Sixth Requirement: Difference from the Clothing of Unbelievers

The Seventh Requirement: No Vain or Ostentatious Dressing)))

 

[5] And whether she subsequently falls into sin by exposing her face or not. Each of the two sides clings to their own opinions which they support with evidences from the Quranic ayah, the Prophetic ahadith and the practice of the Sahabah and their views. One opinion allows the woman to expose and unveil her face as long as in doing so, she has not applied facial makeup.

 

[6] Women cannot drive. Sex segregation is prevalent in health centers. A male doctor is not allowed to treat a female patient, unless there are no female specialists available; and it is also not permissible for women to treat men. A woman is also not allowed to meet her spouse unveiled until after the wedding. Saudi daughters are encouraged to wear the niqaab in public. Religious Saudis believe it is forbidden for a woman to eat in public, as part of her face would be exposed, so in most restaurants barriers are present to conceal women. A rea; example of cruel interpretation: school girls, as they were running out of a burning school building were sent back forcefully for lack of head scarf.

 

[7] The translation of the relevant part of the ayah runs as “………and let them wear their head-coverings over their bosoms……” The word khumur  (plural of khimar) here is referring to the head-covering customarily used by Arabian women in the period of Jahiliyah. According to most of the classical commentators, it was worn in pre-Islamic times more or less as an ornament and was let down loosely over the wearer’s back; and since, according to the fashion prevalent at the time, the upper part of a woman’s tunic had a wide opening in the front, her breasts were left bare. The Muslim women had continued this practice. The injunction – hukam –  in this ayah for the Muslim women is to cover their bosom, thus defining an important attribute of Islamic modesty and a sharp deviation from the practice of the kuffaar women. The women are advised to use the “khumar” — which was the prevalent pre-Islamic female fashion — for this purpose.  Javed Ghamidi, a traditional scholar but who lives and thinks in our century  argues that the word khumūr is mentioned in reference to the clothing of Arab women in the 7th century, but there is no command to actually wear them in any specific way. Hence he considers head-covering a preferable practice but not a directive of the shari’ah (law). Moreover scarves and veils of different colors and shapes were customary in countless cultures long before Islam came into being in the seventh century in the Arabian Peninsula (which includes present-day Saudi Arabia). To this day, head coverings play a significant role in many religions, including Orthodox Judaism and Catholicism.

 

 

[8] Is it not obvious that hair, head and face are just one contiguous part of human anatomy. The great Muslim poet, philosopher and scholar of Pakistan Allama Mohammed Iqbal suggests in his “Reconstruction of Religious Thought in Islam” that every generation of Muslims should rethink the issues and legislate according to their own needs. We Muslims endowed with intellect by Allah Ta’aala have used it to take full advantage of critical thinking, modern knowledge and technology to carve for ourselves and our families a prominent and profitable status even in Western societies. We owe it to our Creator therefore to use the same intellect and creative thinking to interpret Islamic injunctions and help our Deen to attain the status as the Religion of our Century. Islamic Jurisprudence must relate to the modern trends, style and sociological milieu. Does a doctor/dentist/lawyer need the same type of hijaab on a boulevard in New York with women running about in skimpy outfits need the same type of hijaab as a simple, innocent and illiterate housewife on the streets of tribal areas of Pakistan where the exposed knuckles of a woman is sufficient to arouse a man? On a personal note, my wife used to wrap a chador whenever she went shopping in Bohri Bazaar; she did not feel the need of it in Clifton.

 

[9] Muslim women may/can/should look pretty and beautiful but not sexy; we  do/should want our sisters/wives/daughters to appear smart but not erotic. Hijaab is about concealing her sexuality but allowing her femininity to be brought out. The Arabic word At-Tabarruj (ayah 33/33), means not only “to display oneself” but also “to spruce up one’s charms for the purpose of exciting desire”; this is what Muslim women are forbidden. Hairs do not have a particular sexual attraction to a man of normal sexual appetite. It is the body with its provocative size, shape, curves, gyrations and movements that makes a woman sexy and erotic.  A good hair style makes a woman pleasant and charming; this is acceptable. A curvaceous body with focus on gyrations makes her lewd; this is not acceptable. In our social gatherings, comments like “so and so has a pretty face, or she has beautiful hairs, her hair style was gorgeous, she looks attractive, she has a beautiful smile” should not and does not raise any eye brows. On the other hand slightest reference to the body as shapely etc will and should sound highly objectionable. The vigorously oscillating pony tail of a jogging woman just looks either funny or interesting. On the contrary depicting moving parts of body are favorite scenes in Indian movies to attract male attention. Once again a dance in such movies focusses on erotic movements of the body. As against this a clean classical dance concentrates on the face, hair style and graceful movements of head and arms. I cannot recall a single sensual (and therefore vulgar) scene in Hollywood/Bollywood movies where the hair of the heroine played any role.  Only an advertisement for cosmetics and hair products will display the hairs prominently. To sell a new limousine needs a female torso in bikini. In short, guarding modesty and decency needs a focus on the body; head and the hairstyle can safely be left alone.

 

[10] Designer scarves with dazzling colour and beautiful designs are interestingly seen in weddings and expensive parties. A garment i.e. the headscarf which is intended to conceal a woman and her beauty from public view cannot be a thing which enhances her beauty. Therefore, the garment cannot contain bright colors, bold designs or shiny and reflective material that draw men’s attention to the wearer. At a recent wedding, I saw a girl with a headscarf dancing in the balcony to the tune of rock music played on the stage. A scarf on the head but inadvertently ignoring to cover the bosom appears questionable. Working in an open mixed gym with smiles on an uncovered face will be forbidden under Shari’ah law; it is totally acceptable to PPK Muslims in our times specially in the West; however a headscarf does not blend in this scenario; it appears paradoxical.  In the corridors and courtyard of the Aga Khan Unviversity it was not uncommon to see girls with headscarves to socialize very informally with boys on one to one basis. Wearing a kamees with a high side slit or a fitting pant or a well stitched maxi dress is not uncommon in our parties; quite normal and do go unnoticed; however this practice stands out in sharp contrast if a headscarf is added; they appear contradictory.

 

[11] This is a general ruling of the Shari’ah which encompasses not only dress but also such things as manners, customs, religious practices and festivities, transactions, etc. Indeed, dissimilarity with unbelievers is a precedent that was established by the first generation of Islam. The following two ahadith will help to clarify this position:

Abdullah ibn Amr ibn Al-Aas said: Allah’s Messenger saw me wearing two saffron-colored garments, so he said: Indeed, these are the clothes of kuffar (unbelievers), so do not wear them. [Sahih Muslim].

Abdullah ibn Umar said: Allah’s Messenger stated: Whoever resembles a people is one of them [Abu Dawood].

The Western media just loves the fact that this version of Hijaab bears very close resemblance to the practice of Christian nuns.  It does not let go any opportunity to display the “modern Muslim nuns” as a sign of the perceived “backwardness” of Muslim society; berating us, that we Muslims have now adopted the custom started by the Christian nuns two millennium ago and which now has been almost discarded by them. It is ever ready to screen women in headscarves as an example of Islam’s attitude of “women bashing and oppression.”

 

[12] The colonial experience and influence has big role to play in this context. French and British colonizers encouraged Muslim women to remove the veil and emulate European women. Consequently, in Algeria and other North African and Middle Eastern countries, the veil became a symbol of national identity and opposition to the West during independence and nationalist movements. It has probably become an issue of “they guys” against “us guys.” The headscarf is regarded as a symbol of female Muslim identity just as a long beard and white cap is for men. We Muslims want to look different. However we will not like it if we are treated as different! It could perhaps be the same sentiment which caused this practice in early Christianity — to look unattractive to a male gaze. To quote an Iranian school girl “We want to stop men from treating us like sex objects as they have always done. We want them to ignore our appearance and to be attentive to our personalities and mind. We want them to take us seriously and treat us as equals and not just chase us around for our bodies and physical looks.” Among Muslim women, the debate about headscarf which they label as hijaab takes many forms. Many believe that the veil is a way to secure personal liberty in a world that objectifies women. Several women have argued that hijaab allows them freedom of movement and control of their bodies. Understood in such terms, hijaab protects women from the male gaze  and allows them to become autonomous subjects. Others have argued that the veil only provides the illusion of protection and serves to absolve men of the responsibility for controlling their behavior. A Muslim woman who covers her head is making a statement about her identity. Anyone who sees her will know that she is a Muslim and has a good moral character. Many Muslim women who cover are filled with dignity and self esteem; they are pleased to be identified as a Muslim woman. In contrast, many daughters of Muslim immigrants in the West argue that the veil symbolizes devotion and piety and that veiling is their own choice. To them it is a question of religious identity and self-expression. On and on, goes the tale.