Hijab- A Legal Binding or a Cultural Practice?

The people who characterize the hijab as a non-restricting social or cultural practice, moreover, bear the responsibility of proving their claim. That is on the grounds that divine orders are ventured to be legitimate and binding in nature.

By?Junaid Ahmad?-?September 9, 2022?

https://thecompanion.in/hijab-a-legal-binding-or-a-cultural-practice

Introduction

One of the most contentious debates about Islam and Muslim women in society revolves around?hijab. Its legal status is being questioned. It is being characterized as merely cultural practice which has nothing to do with religious laws. The controversy around?hijab?is constantly being created with intention to instill the doubt into the minds of Muslim women in an attempt to undermine its importance and status in the Shariah.

This article will examine the?hijab’s?legal status. Does it have a root in the Devine revelation Quran which requires Muslim women to fulfill this legal requirement? or it is only a matter of culture and social practice, and women are not mandatorily required to adhere to it.

The word?hijab?is derived from the meaning to be veiled, concealed, or protected and it can be used both in its literal and metaphysical sense. However, the term is widely used today with the headscarf worn by Muslim women.

There are several verses in the Qur’an that highlight the importance of modesty and women clothing. This primary verse reads:

“And tell the believing women to lower their gaze and guard their private parts???????????and??not??expose??their??adornment??(zīnah)??except??that??which [necessarily] appears thereof and to wrap their headcovers (khumurihinna) 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…” [24:31]

In the above verse, women are commanded to:

• “not expose their adornment except that which [necessarily] appears thereof” and
• “wrap their ‘headcovers’ over their chests.” These two Qur’anic injunctions clearly serve as the basics for the legal obligation of “hijab.”

Ibn ?Abbās, the most intimate knowledge of the Qur’an and Sunnah, a giant in Qur’anic exegesis and the cousin of the Prophet ?, commenting on the verse explained that this clause meant that everything should be covered except the hands and face. [Al-Sunan al-kubrá lil-Bayhaqī, kitāb al-?alāh, bāb ?awrat al-mar?ah al- fiurrah no. 3214]

Analyzing this verse guides us to draw two conclusions. One, women need to cover their entire body except face and hands. The verse also provides us with further explanation as to what covering means, it does not only include covering the hair but also extends to include covering the chest.

The precedent from Prophetic and Companions’ lives

In order to understand this Quranic command, we need to turn to our second primary source: the Sunnah of the Prophet ?. The preeminent way we comprehend a Qur’anic verse is through the authoritative precedent of the Prophet ?, which incorporates his implied endorsement of his Companions’ activities. Indeed, incalculable sections in the Qur’an must be perceived by reference to the Sunnah.

At the point when the Qur’anic command for women to cover was revealed, ?ā?ishah narrated:

“By Allah, I never saw any women better than the women of the An?ār or stronger in their confirmation of Allah’s Book! When Sūrat al-Nūr was revealed, ‘and to draw their khumur over their chests’, they all tore up their waist-wraps and covered themselves with them. [Safiīfi al-Bukhārī, kitāb al-tafsīr, bāb “wal-ya?ribna bi- khumurihinna ?alá juyūbihinna”, no. 4758]

This naration is incredibly strong for various reasons. To begin with, it is vital to perceive and like a large number of other hadith she narrated this hadith is also narrated by ?A?ishah (RA). She was not only the spouse of the Prophet ?, but one of the premier juristic scholars in the religion of Islam. She was additionally a lady who never held back on safeguarding the rights of women nor on what she comprehended to be the truth. Moreover, in this narration, we figure out how the women around the Prophet ? reacted to the verse. ?A?ishah commended them for their immediate response in completely covering their bodies and along these lines epitomizing the intended importance of the command. If one dismisses this practice as unimportant, one at the same time dismisses the voice and agency of the female Companions in both deciphering and applying this verse.

What frequently likewise goes ignored in conversations on dress is everything apparently inconsequential practices can tell us. By this, I am alluding to portrayals that by implication depict the manner in which female Companions characterized their commitment of covering. These traditions transfer to us the natural results of how these women comprehended Qur’anic directives of modesty.

One such model is the hadith narrated by ?af?ah b. Sirīn in which she noticed that young, unmarried women and those who were menstruating were socially and culturally expected to remain at home. Once, a woman came to ?af?ah and informed her concerning her sister who joined her husband in six fights to help care for the injured. “Is there any objection for a woman to stay at home if she doesn’t have an outer garment.

In other words, a few ladies couldn’t turn out openly to help since they didn’t possess the means to cover themselves. Accordingly, the Prophet ?-rather than certifying the social and cultural practice at that point, or basically permitting ladies who couldn’t cover themselves to remain at home and guarantee them great deeds for their aims, or even urge them to remain at home for their security being better for them-said, “She should cover herself with her companion’s [i.e., borrow clothing] and take part in the good deeds and in the religious gatherings of the believers.” [Safiīfi al-Bukhārī, 1652, Safiīfi Muslim, 890c]

This authentic narration explains various significant implications. For one’s purposes, we perceive how covering versus jilbāb, or clothing that covers the whole body, was one taken for granted to such an extent, that the female Companions perceived that they couldn’t leave their homes without it. Yet again this affirms the interpretation of the Qur’anic verse as one in which the entire body must be covered with the distinguished special cases. This hadith, besides, is a powerful reminder with respect to the purpose behind covering. Hijab was not a means for disgracing the female body, nor consigning women to the private sphere. Rather, it was a method for securing and enabling women to effectively engage in the community, to the degree that a customary practice at the time that could have been embraced by Islam was effectively dismissed in favor of women’s participation.

It is imperative to note that all that conveyed to us from the Prophet in the form of speech, actions, and implicit approval of the Prophet ?, is nothing but a form of divinely inspired revelation (wafiy) that should be taken along with the Qur’an as authoritative, bearing in mind the Prophet ? did not say or act on his own behalf concerning any matter of the Sharī?ah. Ibn Al-Qayyim (d. 1350) summarized this as, “If Allah made it a necessary element of faith for the Companions to seek permission to go somewhere when they were with the Prophet ?, then it is even more obvious that it is a necessary element of faith for them not to adopt a view in [the] Religion without first seeking his permission…” [As-Sibā?ī, 84]

Is?Hijab?a cultural practice or law?

Still, some may argue that the obligation to “draw their khumur across their chest” doesn’t tell us that one should cover their hair. They put forward this viewpoint on the ground that wearing the khimār itself was a social and cultural practice. Accordingly, in a society or culture wherein ladies don’t cover their hair, one should just cover their chest, and this will comprise as adequate reason for embodying the obligation within the verse. There is no question that culture plays a role in the development and implementation of Islamic law and regulation.

In any case, when it came to the traditions that the early Muslims acquired, Islam adopted one of three approaches: prohibitive, reformative, or affirmative. One, it would dismiss the cultural practice altogether, like the custom of female foeticide (infanticide). Two, it would distinguish the cultural practice and add limitations, like imposing limits on polygamous marriage. Or three, it would perceive and certify the cultural practice at hand, like the penalty of paying blood money (diyah) in predicaments of homicide. [Ayman Shabana, Custom in Islamic Law and Legal Theory: The Development of the Concepts of ?Urf and ?ādah in the Islamic Legal Tradition (New York: Palgrave Macmillan, 2010), 56–7]

In the case of?hijab, it was third option approach that the Qur’an and Sunnah took with respect to women’s dress. The Qur’an perceived that woman covered their heads, took on that custom as a vital part of the religion, and afterward extended that practice to incorporate covering everything except the hands and face. Thusly, the act of women covering their heads is no longer a customary consideration alone; it transforms into a divine commandment that one should make an honest effort to fulfill. That being said, culture continues to play a part in?how-not?if-the?hijab?is worn. Culture, for example, can set normative standards for attire tones and styles. The adaptability and practicality of culture, thus, is limited by the minimum prerequisites of the verse, which is to cover the body with the exceptions mentioned above.

The people who characterize the?hijab?as a non-restricting social or cultural practice, moreover, bear the responsibility of proving their claim. That is on the grounds that divine orders are ventured to be legitimate and binding in nature. Otherwise, one could declare that being obedient to one’s parents or respecting one’s guests are simply social and cultural practices. Hardly any will contest or deny, however, that treating our parents respectfully is a religious obligation. Similarly, the?hijab?related texts derived from the same sources (i.e., the Qur’an and Sunnah) use a similar binding language. As such, they should be treated as equally restricting legal commandments except if one can highlight evidence that shows otherwise. If such evidence is not presented (and it is indeed missing), the assumption remains that these texts are lawfully finding.

The consensus of scholars on?hijab

Probably the most grounded proof for the legal obligation of covering the hair and dressing modestly is derived from the fact that the prominent scholars have come to an agreement with regards to this issue. Whenever Muslim scholars all agree, implicitly or explicitly, on a legal ruling, the third primary source of Islamic law establishes: that of ijmā? or consensus. The authority of consensus is legally rooted primarily in the sayings of the Prophet ? that express that the Ummah will not unanimously agree on an error. Ibn ?Umar narrated that the Prophet ? said, “Indeed Allah will not gather my ummah upon misguidance.” [Sunan al-Tirmidhī, no. 2167] Though the chain of this hadith is graded to be weak by some of the scholars, they still maintain that the meaning is sound.

Ibn Kathīr says, “There are many authentic hadiths with this meaning (i.e., that the ummah will not unanimously agree on something incorrect). In fact, it is reported by some of the scholars that this meaning has been established by diffusely congruent (mutawatir) reports.” [For more, see Ismā?īl ibn ?Umar ibn Kathīr, Salāmah, 8 vols. (Riyadh: Dar Taybah, 1999), 2:412–13.] In other words, if the whole Ummah agree on a legal obligation, it is unsounded to perceive that it is an incorrect interpretation.

Scholarly consensus capacities as the last step in the legal process by giving a “stamp” of endorsement considering various source texts that may not be definitive in nature. That is to say, for us the point to start is generally Qur’anic text and Prophetic point of reference. In the event, for instance, that we are working with a source that isn’t actually definitive in indication, implying that it tends to be perceived in a larger number of ways than one, our initial step is to spread out different pieces of proof on the matter that might explain the indented ruling. In our case, it is to determine each verse and hadith related to modesty and covering. Once all these texts and evidence are gathered, we affirm out that no text all alone is uncontestably conclusive, a ruling is therefore derived from the unanimous authority of these sources.

Now that we have concluded the argument and established that?hijab?is not a merely cultural practice which can be left to the consent of women to decide whether they are willing to practice it or leave it, rather it is an obligation that has been unanimously accepted and thus binding the women to cover their bodies mandatorily and they are accountable to Almighty if failed to fulfill this command.

It is vital to recognize the individuals who battle with being made to feel like the “other,” with negative self-image, and an absence of self-confidence concerning?hijab?and this all at a time when so-called modern and liberal society is deliberately trying to liberate women from modesty and every effort towards removing the?hijab?gets praised and even celebrated, It is vital to recognize the individuals who have felt embarrassment when confronted by ignorance, hatred, and prejudice.

Too often, women are excused, stereotyped, accused, and, misjudged as oppressed, or lacking honesty, faith, and the courage to rise above all these things. The tests are real, just like the struggles found in every narrative of life. However, they need not fear as every prophetic example teaches and guides us that one need not fear embarrassment due to the fact that in reality, they are true servants, and they stand tall in the sight of Allah and will receive great reward for their truthfulness, relentlessness, steadfastness and striving within their means. So, it is incumbent upon those who strive to fulfil this command with hardship to turn to Him with sincerity, for He is the most Merciful and Most Loving, and the One most capable of concerting the difficulties into easiness and generating respect and love for you in the hearts of the people.

Allah’s Messenger ? said, “If Allah loves a person, He calls Gabriel, saying, ‘Allah loves so and so, O Gabriel love him.’ So Gabriel would love him and then would make an announcement in the Heavens: ‘Allah has loved so and-so therefore you should love him also.’ So all the dwellers of the Heavens would love him, and then he is granted the pleasure of the people on the earth.” [?afiīfi al-Bukhārī, no. 7485, bk. 97]

It is heartening to see that there exist more hindrances today inside our own communities, families, and even mosques which often incorrectly demotivate Muslim girls and women from revealing and realizing their inherent potential. As a result of this misled messaging and stereotyping people and undermining the challenges Muslims are facing in every walk of life has increasingly contributed to the faith crisis.

It is high time to rise to the challenge and rectify the errors and strive to educate the masses of the importance of knowledge to purify the minds from the misleading concepts and thoughts. This is the only way to bring about change in the society and have a lasting impact on the world around us. As the proverb goes, it takes a village to raise a child. Returning to the prophetic model, this starts with nurturing faith, conviction, confidence and trust in our children, as well as in our siblings and sisters alike with the message of tawhīd, of knowing Allah, and of subjugation as the reinforcement of one’s existence and identity as a sincere and true ?abd of Allah. Once the hearts are inclined to Allah it becomes easy for a servant to worship Allah, obey His commands, and practice the religion.

Conclusion

While reading this, it may come into the mind of a reader that the methodologies adopted by scholars are very complex; and if it had been a clear divine obligation, it must be detailed in the Qur’an explicitly. To that, a reader is reminded to one of the most important and fundamental acts for Muslims—the obligation to establish the prayer five times a day— is not detailed clearly in the Qur’an. However, all great Islamic scholars agreed unanimously that praying five times a day is obligatory. And there has never been a confusion or doubt among Muslims in this matter. Rather, it reflects how a jurist must put together various source texts to understand the intended ruling.

So, as we do not see any contention about the lack of explicit details over praying for it is regarded as necessity within the religion. In other words, it is known to every Muslim that it is an obligation and therefore there is no way to have any doubt. It is well known, and a precedent is established by the companions of Prophet and inherited by the descendants. And thus, the commands such as salah became so inherent and noticeable to the essence of Islam that it is taken for granted that every believer would be aware of this obligation without looking and asking for the proofs. Likewise, the obligation to dress modestly for both Muslim men and women, and for Muslim women to cover their hair in particular, was not only a natural application of these Qur’anic words, but also an inevitable conclusion from prophetic precedent.