The recent judgement passed by the Karnataka High Court about hijab is disappointing and on expected lines. The court fails to understand Muslim feelings and the facts about the hijab.
Some takeaways from the ruling.
1. Hijab is not mandatory for Muslim women. It is of a recommendatory nature.
2. Hijab is a socio-cultural practice that came into being to protect women during a particular time period. It is not a religious order.
3. Hijab is not essential to Islam. It is not fundamental to the Islamic faith.
4. Women without Hijab are not sinners in Islam.
According to The Quran
" There is no compulsion in religion "(2:256)
If Islam forces this attire on women - it loses its glory and ceases to be a religion.
5. Muslims had requested to wear hijab, matching the colour of the school uniform. Court has not accepted it claiming that a uniform ceases to be a uniform if the hijab is added to it.
6. The court has ruled that it is far fetched to say that the ruling goes against The Constitution - Section 14,15, 19, 21.
Let us now look at what the leading newspaper " The Hindu" has to say about this verdict.
The Court's judgement is wrong on many levels. It has failed to examine how a piece of cloth disturbs the uniform of a school.
A Hijab is a reasonable accommodation that can be allowed in schools. This promotes social diversity in a plural society. It in no way affects the prescribed uniform.
Hijab is not a big deviation from the prescribed dress code. There is no ground to refuse it.
The courts' stand that the Hijab should pass through an " Essential religious criteria test " is not a valid point.
The test means that if a particular aspect of religion is removed then the religion would be destroyed.
"The Hindu," says no religion can stand this scrutiny.
Finally, the court should allow freedom of religion as long as it does not disturb health, privacy and public morality. Freedom of religion is important as freedom in itself is very important.
The Hindu has convincingly written about why the Court's judgement is faulty and unjust.
Let us look at the judgement from an Islamic angle.
1. The court referred to The Holy Quran (2:256) - "There is no compulsion in religion " and that hijab is not mandatory.
This verse has been interpreted out of context here.
Islam means submission. Once a woman enters Islam, she submits to all the commands of Allah.
Among the obligatory acts(prayer, fasting, charity & hajj) - some are compulsory and some are recommended. All other commands are non-negotiable and binding on a Muslim.
How can the court decide the nature of the hijab and compartmentalize religion??
2. Next we ask the court where is the evidence that the hijab is a socio-cultural order?
The Institution of hijab was put in place during the Prophet's lifetime. Islamic laws are universal and for all times. They are not subject to change .
3. The court says that women without Hijab are not sinners but in Quran, several references have been made to those who disobey Allah's commands as rebellious, sinners and transgressors.
4. We would like to ask the court - how does a small piece of cloth harm anyone or disturb the uniform??
5. Why does the court adopt double standards in this regard??
When Babri Masjid and Sabarimala issues were discussed - the court was told to keep away as it is a religious issue and matter of Faith.
Why are triple Talaq and Hijab treated differently??
Aren't they also religious issues ??
Adopting double standards is very dangerous to a country's secular fabric.
As Muslims let us not lose hope. Just as The Supreme Court removed the ban on Media One news channel we will pray that this will be removed too.
Do not use derogatory words against the judges or adopt violence. Analyse the verdict in an intellectual way. Subject to law, let us do all that we can and place our trust in Allah - The best disposer of Affairs.
Author: Ayesha Shenaz, Cadre, Jamaat-e-Islami Hind, Chennai
Date: 27th March 2022
Pic. Credits: Google
Very well said. If the court takes to citing a verse from the Qur'an to say there is no compulsion in religion, then they should also consider other verses in the Qur'an like
"O Prophet, enjoin your wives and your daughters and the believing women, to draw a part of their outer coverings around them. It is likelier that they will be recognised and not molested. Allah is Most Forgiving, Most Merciful." (33:59)
Taking into account what suits their predisposal and ignoring other verses isn't serving justice in any manner.