The Hijab Controversy?!

The Hijab Controversy?!



How did it begin?

The situation escalated last week when a group of hijab-wearing Muslim girls camped outside a college in the state’s Udupi district after the authorities shut gates on them. As soon as the video of their protests surfaced on the internet, there was a wave of solidarity from across the country with activists asking for a repeal of the ban.


But the college and the government did not heed the demands and it instead had a ripple effect, with several other colleges in the district imposing a ban on hijab after opposition from Hindu students and activists who donned saffron – a colour associated with Hinduism – scarves and shawls.

The hijab controversy, which erupted earlier this year after an educational institution barred hijab-wearing students from entering its premises.

The matter quickly snowballed into a national issue with violent protests breaking out across Karnataka. The BJP-led state government had to order closure of schools and colleges, and even imposed curfews for a few days as clashes between supporters of the hijab and right-wing outfits intensified.

The Karnataka government also banned both hijabs and saffron scarves, and said that till an expert committee decides on the issue, all students must adhere to the uniform. After this order, a batch of pleas were filed in the high court.

The country's 200 million Muslim minority community fear the ban on hijab violates their religious freedom guaranteed under India's constitution. The US ambassador-at-large for International Religious Freedom on Friday said the hijab ban would stigmatise and marginalise women and girls.

The dispute highlights the growing marginalisation of Muslims, as activists say the ban violates religious freedom.

A Muslim Student protesting for her Right.


WHAT QURAN SAYS ABOUT HIJAB?

Holy Quran



The Qur'an instructs both Muslim men and women to dress in a modest way, yet there is disagreement on how these instructions should be followed. The verses relating to dress use the terms khimār (veil) and jilbāb (a dress or cloak) rather than ḥijāb. Of the more than 6,000 verses in the Quran, about half a dozen refer specifically to the way a woman should dress and walk in public.

CHAPTER 33 VERSE 59(SURAH AHZAB)

O Prophet! Enjoin your wives, your daughters, and the believing women that they should cast their outer garments over their persons (when abroad): That is most convenient, that they may be distinguished and not be harassed.— Quran 33:59

CHAPTER 24 VERSES 30&31 (SURAH NOOR)

The clearest verses on the requirement of modest dress are Surah 24:30–31, telling men and women to dress modestly.

Say to the believing men that they cast down their looks and guard their private parts; that is purer for them; surely Allah is Aware of what they do. And say to the believing women that they should lower their gaze and guard their private parts; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their khimār over their breasts and not display their beauty except to their husband, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.— Quran 24:30 &31

Both men and women are commanded to lower their gaze and "guard their modesty".


The most basic interpretation of "guard their modesty" is to cover the private parts, which includes the chest in women ("draw their veils over their bosoms"). However, many scholars interpret this injunction in a more detailed way and use Hadith (recorded sayings of the Prophet Muhammad) to support their views.


Zeenah (ornaments) is another word with numerous meanings. It has been interpreted to mean body parts, beauty, fine clothes or literal ornaments like jewellery. (The same word is used in chapter 7:31 - "O Children of Adam! wear your beautiful apparel at every time and place of prayer...")


The jewellery interpretation is supported by the instruction to women not to stamp their feet to draw attention to themselves. It used to be the practice among Arabian women to wear ankle chains to attract men.


The word translated here as veils is khumur, plural of khimaar. According to scholars, the word khimaar has no other meaning than a type of cloth which covers the head. Muslim scholars point out that men's turbans are sometimes called khumur as well.


Women during the time of Muhammad did wear the khimaar, but would wear it tied behind so their neck and upper chest were visible. This verse is therefore an order that the khimaar now be drawn over the chest, so that the neck and chest were not bare.


According to most scholars, the khimaar is obligatory for Muslim women.


The phrase "what must ordinarily appear thereof" has been interpreted in many different ways. Among Muslims who take the word zeenah (ornaments) to refer to body parts, a popular interpretation of this phrase is that women should only show the body parts that are necessary for day-to-day tasks. This is usually taken to be the face and the hands.


Some scholars recommend hiding everything but the eyes. The style of burqa worn by Afghan women even hides the eyes. Muslims who oppose full concealment say that if Allah wanted women to hide their entire bodies, there would have been no need to tell male Muslims to lower their gaze.


But "what must ordinarily appear thereof" could be understood as meaning the parts of the body that are shown when wearing normal (modest) dress, with the definition of normal dress deliberately left up to the believers' particular time and culture. This could explain why the Qur'an is not more specific: if God had wanted to, he could have listed the acceptable body parts in as much detail as the list of exceptions to the rule.


Some scholars interpret "what must ordinarily appear thereof" to mean that if a woman exposes part of her body by accident, she will be forgiven. All agree that women will not be punished for breaking the rules if some emergency forces them to do so

WHAT HADITH SAYS ABOUT HIJAB?

Revelation of the verses of veiling

According to this hadith, one man (Umar ibn al-Khattab, later the second caliph) was able to bring about the commandment for the Prophet's wives to veil their faces.


Narrated 'Aisha: The wives of the Prophet used to go to Al-Manasi, a vast open place (near Baqia at Medina) to answer the call of nature at night. 'Umar used to say to the Prophet "Let your wives be veiled," but Allah's Apostle did not do so. One night Sauda bint Zam'a the wife of the Prophet went out at 'Isha' time and she was a tall lady. 'Umar addressed her and said, "I have recognized you, O Sauda." He said so, as he desired eagerly that the verses of Al-Hijab (the observing of veils by the Muslim women) may be revealed. So Allah revealed the verses of "Al-Hijab".-------Sahih Bukhari, Volume 1, Book 4, Number 148


Narrated Aisha (the Prophet's wife): Asma, daughter of Abu Bakr, entered upon the Apostle of Allah (peace be upon him) wearing thin clothes. The Apostle of Allah (peace be upon him) turned his attention from her. He said: 'O Asma, when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this, and he pointed to her face and hands.— Abu Dawud, Book 32, Number 4092

Narrated Aisha, Ummul Mu'minin: The Prophet (peace be upon him) said: Allah does not accept the prayer of a woman who has reached puberty unless she wears a veil.—Abu Dawud, Book 2, Number 0641




Husband and wife

There is no restriction on what a husband and wife may show to each other in private. The Qur'an encourages married couples to enjoy each other's bodies.

Individuals in private

Islam highly values modesty, so even when alone, men and women are recommended never to be completely naked and to cover from the navel to the knee. Exceptions do apply where necessary, for example taking a shower or going to the bathroom.

ARTICLE 25 OF THE INDIAN CONSTITUTION.

Article 25 in The Constitution Of India 1949
25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly


Article 26 in The Constitution Of India 1949

26. Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law


Article 27 in The Constitution Of India 1949

27. Freedom as to payment of taxes for promotion of any particular religion No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religions denomination

Article 28 in The Constitution Of India 1949

28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions
(1) No religion instruction shall be provided in any educational institution wholly maintained out of State funds
(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution
(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto Cultural and Educational Rights

Article 29 in The Constitution Of India 1949

29. Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them


Article 30 in The Constitution Of India 1949

30. Right of minorities to establish and administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause
(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language




VOILATION OF ARTICLE 25 OF THE INDIAN CONSTITUTION.

"THOSE NOT WEARING HIJAB DO NOT BECOME SINNERS UNDER ISLAM" - KARNATAKA HIGH COURT


If somebody is to assert the exercise the right to freedom of religion. the court will have to see if this exercise affects public order,morality. whenever challenge comes before court, first test according to me, whether it comes against public order,morality or health-attorney general karnataka high court

Does the constitution give freedom to follow the Quran? look the arguments of the Attorney General in the Karnataka High Court ,not from the speech of any leader. And the time has come to make the talisman of Article 25 to 30.

 The cuetest thing after the hijab ban :"it's our fault ,we failed to convince the judge that the hijab is an integral part of islam"

they are more interested in studying islam than you are interested, it is another that Allah has kept their hearts away from the light of guidance. the rest of those people understand everything


CONCLUSION

India is the most diverse country with respect to religion. Being a secular country it does not have its own religion and every citizen has the right to choose, practice, propagate and even change his or her religion. However, these rights are not absolute but subject to certain restrictions provided by the constitution. No person in the name of religion can do any act that is opposed to the public policy or creating any kind of disturbances or intolerance among the people of India. But in the case of Hijab(Veil) Karnataka High court states that - |Hijab is not a integral part of islam. those not wearing hijab do not become sinners in islam

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