Does Hijab Infringe upon Women's Liberty?
Sheikh Muhammad Mitwalli As-Sha`rawi, may Allah bless his soul, in which he states:
Whoever embraces Islam has to accept its rules even if they pose restrictions to his freedom since such rules are set only to benefit mankind. Allah Almighty, the Lawgiver, knows our nature more than we do.
Definitely there is no religion without rules binding on its adherents and followers, so the deviation we see nowadays relates to man's following his self-inclination; this sometimes drives him to worshipping idols or sun or anything else in his pursuit to lead a life where he will not be subject to any rules.
Logically, if a woman finds hijab as restricting her liberty and, thus, goes about displaying her body to seduce men or snatch another woman's husband (thus ruining a serene and peaceful marital home), she should not be surprised if her son or husband happens to be the victim of another woman's foul play.
Hence, the wisdom behind prescribing hijab as a duty for women is to safeguard and protect the whole society from temptation and secure the stability of marital lives.
In the following verse, Allah Almighty prohibits women from revealing their adornment in the presence of marriageable males: (And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands' fathers, or their sons or their husbands' 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 stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed. ) (An-Nur 24: 31)
Persons mentioned in the above verse are women's maharim (unmarriageable males), in the presence of whom she is permitted to take off her veil since she could not be harassed by them with lusty motives.
Allah Almighty prohibits women from even stamping their feet to reveal their hidden adornment: (and let them not stamp their feet so as to reveal what they hide of their adornment... ) (An-Nur 24: 31)
Despite all this, some people still consider hijab as a restriction to woman's freedom, unaware of the fact that it greatly protects her to the extent that had Allah Almighty not commanded her to wear it, she should have called for it. Besides, a woman's beauty is something temporary, which will, after some time, start fading away, with her husband maintaining his youthfulness and vigor, and perhaps, nourishing hope of taking another wife. Being seduced by an unveiled woman may turn the husband against his wife, thus putting his marital life at stake.
Beauty is a kind of quality that the more one sees it the less captivating and enchanting it becomes; it is only absence that makes the heart grow fonder. Parents may not notice any development in their child due to seeing and having him around all the time, but on staying away for some time, they will definitely notice change in him on seeing again.
A husband may not observe the gradual loss of his wife's beauty as he daily sees her; on the contrary, she will still remain in his eyes the beautiful bride whom he married many years ago. Yet when he goes out and sees those younger and prettier girls exposing their beauties outdoors, this may injure his self-esteem as he tries to notice variation in beauty (the thing that would not happen had all women adhered to the rule of hijab).
It is so strange that many women are not aware of such a wisdom behind ordaining hijab. It is just for their own sake; to safeguard their marital homes.
Punishment, as far as religion is concerned, never comes unless sin is committed. For instance you have the right to enjoy the beauty and the fragrance of a flower without blame unless you stretch your hand to cut it (trespassing on the right of its owner). You could also contemplate the beauty of a pretty mare without blame unless you try to ride it without the permission of its owner. The same applies to all kinds of beauty on the surface of earth, (And horses and mules and asses (hath He created) that ye may ride them, and for ornament. And He createth that which ye know not. ) (An-Nahl 16: 8)
The above Qur'anic verse permits anyone to enjoy these adornments, either their owners or any others who would like to contemplate their beauties. Thus, it is permissible to contemplate all kinds of beauty on earth except starring at opposite sex. It is not permissible for a male to look at a female other than his wife and the same applies to females, they are not allowed to gaze upon males and contemplate their masculinity. Allah says: (And tell the believing women to lower their gaze and be modest. ) (An-Nur 24: 31)
Hijab for women in Islam, does it concern women only?
Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
"Hijab is the proper Islamic dress code, which is primarily intended to safeguard the modesty, dignity and honor of men and women.
Allah, the Creator of humans, knows our nature better than ourselves, and thus He has prescribed appropriate rules of behavior and appearance to be observed when men and women interact with one another in a social milieu. These rules of interaction also include a prescription for modest dressing, which, I should hasten to add, apply to males as well as females.
Hijab thus forms part of a holistic program of Islamic ethics and morals governing male and female interaction. Prescribing the rule of Hijab, Allah says, "Say to the believing men to lower their gazes and guard their chastity," (An-Nur: 30) "And say to the believing women to lower their gazes and guard their chastity, and let them not display of their charm - except what is apparent." (An-Nur: 31)
Commenting on the phrase, "what is apparent", Ibn `Abbas, the famous Companion and the Qur'an exegete, said, "It means face and hands." In other words, according to Ibn `Abbas, a woman must cover all her body except her face and hands while in the presence of men who are not related to her directly (and the list of those in whose presence she need not cover is clearly outlined in Surat An-Nur: 31).
The majority of Imams - including those of the Four Schools as well as others - share the above interpretation of Ibn `Abbas, and thus hold the opinion that a woman is not obliged to cover her face and hands.
However, a group of scholars, the majority of whom belong to the Hanbalite Juristic School, teach that a woman must cover her face and hands as well. In support of their position they invoke a tradition attributed to the Prophet, peace and blessings be on him, stating, "Woman is all `Awrah", and hence as such, needs to completely covered up. They also reason by saying that the most attractive parts of a woman's body capable of enticing men are her face and hands.
The aforementioned position of the majority on this issue seems to be more consistent with the general understanding and evidences of the Qur'an and Sunnah than of those who advocate covering the face and hands as well. There are several proofs which point to this conclusion:
Firstly, the verse quoted above from the Qur'an, seems to presume that the women it addresses are not wholly covered (i.e. face and hands), since otherwise, there is no sense in ordering both genders to lower their gazes.
Secondly, it is a general consensus among scholars that a woman is not required to cover her face and hands while performing Salah; if these were deemed to be `Awrah, it would certainly have been necessary to cover them.
Thirdly, a woman is required to bare her face while she is in a state of Ihram (during Hajj and `Umrah), which again, confirms what we said earlier.
Moreover, the evidences in the sources - the Qur'an and the Sunnah - are overwhelming in showing that the Hijab as prescribed by Islam was not meant to segregate women or shut them out of the social involvement and participation in the affairs of the Muslim community since the participation of Muslim women - at all levels of Islamic life - is fully documented beyond a shadow of doubt in the sources of Shari`ah. Such active participation as described in the sources is conceivable only if we assume that women were not wholly covered from head to toe.
In light of the above, we conclude: a Muslim woman is required to cover all her body except her face and hands, according to the majority of scholars belonging to all schools. Covering the head, however, is not at all a disputed issue among them - they all agree that this is a necessary part of Hijab.
A very important point has to be made here, as it is seldom mentioned in discussions on Hijab. Unfortunately, the onus of guarding the honor and chastity of the Muslim society is often laid solely on the backs of women. While recently, there has been more of a stress on the rules of Islamic dress for men, what needs to be addressed is the requirement of Muslim men to lower their gaze and maintain Islamic decorum in relations with all women - and not just Muslim women. It is not rare to see a Muslim couple walking where the woman is in full Hijab while her husband is gawking at other women, or to see a father instructing his daughter to cover properly before going out, and then turning back to watch a TV show full of improperly attired women. There is wisdom in the Qur'anic injunction to women to cover themselves, and this stated alongside the order to men to lower their gaze. Allah is Just and justice would not be served if women were to be the only guardians of honor.
The Hijab can become a tool of oppression if Muslim males do not maintain their part of this balance. It is often stated that it is difficult for Muslim men to avert their gaze and interact in business-like-ways with women in a society where such behavior is considered anti-social. To this we can answer that it is just as difficult or even more so for a Muslim woman to maintain Hijab in such a society. These tasks can be a struggle and Muslim males and females should view their respective duties as a social responsibility as well as acts of worship. As Allah states in the last part of the verse on Hijab, "O you who believe, turn ye altogether towards Allah in repentance that you me be successful." (An-Nur: 31)
Hijab: Religious Symbol or Obligation?
Dr. `Ali Jum`ah, Mufti of Egypt, states:
"A Muslim woman is obliged to wear hijab as soon as she reaches puberty, as indicated in the Qur'an, the Sunnah of the Prophet (peace and blessings be upon him) and the consensus of Muslim scholars from early ages of Islam up till now. Hijab is known to be essential and necessary in religion; it is not merely a symbol that distinguishes Muslims from non-Muslims. It is an obligation that forms part and parcel of the Islamic religion.
Allah Almighty says: "O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, so that they may be recognized and not annoyed. Allah is ever Forgiving, Merciful." (Al-Ahzab: 59)
He also says: "And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms." (An-Nur: 31)
Also, the Prophet (peace and blessings be upon him) said to Asma', daughter of Abu Bakr (may Allah be pleased with them): "O Asma'! Once a girl reaches puberty, nothing of her body may be seen (by non-mahrams) except this and these, (he pointed to his face and hands while saying so).""
Sheikh Muhammad Husain Fadl Allah, a well-known Shiite jurist of Lebanon, also comments:
"Wearing hijab derives from religious commitment; it is in the same status of religious obligations in the way that incompliance with it constitutes a sin. Has secularism become so weak that the secular authorities fear a scarf, a turban, or a cross hanging from the neck to threaten its stability?"
Moreover, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:
"I completely reject and condemn the French resolution that prevents the Muslim female students from wearing hijab at school. By doing so, they force Muslim women to ignore the teachings of their religion and disobey Allah's commands, which say: "...and to draw their veils over their bosoms", and: "O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad)."
Actually, all Muslims with their various affiliations and inclinations agree upon the obligation of hijab. Hence, we have been struck by the hijab ban, which is a persecution against the Islamic teachings and values, especially which it is made by France, the land of liberality and openness, the home of the French Revolution that called for freedom and equality. Moreover, France has the largest Muslim community in Europe.
Therefore, such resolution contradicts two human rights: individual freedom and religious freedom, which are asserted by all constitutions and charters of human rights all over the world.
On the other hand, banning hijab on the basis of preserving secularity of the state is an illogical claim, because secularism in a liberal community means that the state authority should be neutral in matters of religion. The government should neither accept nor reject, neither be with or against any religion. The state is to provide freedom of religion for all people. Conversely, Marxist secularism is hostile against religion in general; it considers religion to be like addiction that hinders peoples' development. Marxism denies the existence of God and denies the existence of man's soul as well.
Claiming that hijab is a sign of religion is by no means acceptable, because a religious sign or symbol has no function but to declare the religious beliefs of the one who wears it, such as the cross for a Christian and the kippa for a Jew. They both have no function but to declare the religious beliefs of those who wear them. Hijab, on the other hand, has a religious function, namely, to protect Muslim women and preserve their chastity. It could not strike the mind of hijab-clad women to wear it for declaring their religious beliefs. Rather, they wear it in obedience to Allah's commands.
Therefore, the hijab ban contradicts the principles of freedom and equality that have been asserted by the French Revolution and stipulated in all heavenly revealed religions and international charters of human rights. In fact, the hijab ban is a form of persecution against the committed Muslim women; it infringes upon their freedom; it prevents them from their right to learn and work to the favor of non-Muslim and uncommitted Muslim women.
Real civilization is characterized by tolerance, so it has room for various races, religions, and ideologies. It does not tend to make people copies of a prototype. People should be brought up to the point of tolerance with one another in spite of their difference in religion, as the Glorious Qur'an teaches us in the following verse: "Unto you your religion, and unto me my religion." (Al-Kafirun: 6)
It hurts to hear the claims that one who wears hijab bears hostility towards others. What hostility can a woman who tries to protect her honor and who is committed to the teachings of her religion bear towards others? Hostility and enmity are never expected from a pious person, man or woman, who is conscious of Allah and fears Him.
It is true that the majority pass whatever laws they agree upon, according to the principles of democracy. Yet, just democracy cares for the rights of the minorities, whether religious or ethnic; it does not oppress the minorities. Were it so, the majority in a democratic society could get rid of the minorities under the name of democracy."
Logical on how does Islam respect a woman by letting her wear Hijab
Jewels Are Precious - So Protect Them
When someone has a jewel or any precious item one always treats it with great respect and protects it against any loss. One may even build a special place to keep it or place it in a vault for security. Perhaps one may even hire a guard to insure that it will not be stolen. These things are most obvious to all of us and nothing here seems strange at all.
By the way, someone may say, 'Why do we compare women to jewels and pearls? Doesn't this sound as describing women as objects or mere possessions in this world?'
In reply to that, I say: Comparing women to jewels and pearls doesn't mean that women are mere objects or worldly possessions. The intended item or object here is what the woman possesses, as mentioned by Allah in His Book. Allah is ordering us to tell the believing woman to lower her gaze and to protect her, guard her private parts and protect her chastity. She is being well advised by her father, brother, husband, son and all of us, to cover herself.
Somehow we have been deluded into thinking that women exhibiting their beauty in front of others and men encouraging this is warranted. Many large corporations protect their shareholders from losses while at the same time producing cosmetics, jewelry and clothing that do exactly the opposite for our ladies. Money and vain desires are the primary reasons for this type of exploitation in the world today.
It should be that we would be asking the question: 'Why are women exposed in public in a way that men do not even see them in the privacy of your home?' The problem today is that society is so far away from the basic concepts of moral and correct behavior that was originally ordained by the Almighty Lord of the Universe (Allah). As each year passes, we see more and more deviation away from the proper attire and behavior in public. Fashion designers, cosmetic companies and women's magazines make huge fortunes selling the poor beguiled women on the idea of presenting themselves as if on display in a market for others to stare at them and then decide how they 'rate.'
So actually, Islam has been preserving the correct and proper dress code, not only for ladies, but for men as well. In addition to defining the proper attire for the sexes, Islam also carefully instructs both men and women on how to behave toward each other. For instance the Qur'an tells us in surat An-Nur in verses 30 and 31 exactly how to act in the presence of the opposite sex: (Tell the believing men to LOWER THEIR GAZE...) And then (Tell the believing women to LOWER THEIR GAZE...)
So, immediately we understand that it is more than just the clothing that is desired. It is the proper respect and behavior of the two sexes toward each other at all times. Keep in mind that Islam is not just another religion. Islam (Total Surrender, Submission, Obedience, Sincerity and Peace with Allah) is for all people, in all places and in all times.
Sources : Islamonline.net
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