Dr Zeenat Shaukat Ali is professor of Islamic studies
at St. Xaviers College, Mumbai
The recent diktat on Muslim women to make themselves
invisible behind burqas or suffer adverse reactions (even have acid thrown on their faces) issued by the
Lashkar-e-Jabbar in Kashmir, is yet another way of gaining recognition, legitimacy and political control
through the victimisation of women. This is not the first time that religion has been used
to impose a Taliban like control on women by driving them to seclusion or locking them behind closed doors.
And perhaps this is also not the last time. What is alarming is that such dictums and threats are catching
on in cities like Hyderabad and even Mumbai.
It is claimed that the basis of the mandate for
veiling and secluding women are found in the primary sources of Islam, the Holy Quran and the Sunnah of
Prophet Mohammed. Since such arguments are tendentious it is necessary to quote directly from the Quran and
the authentic Sunnah of Prophet Mohammed.
The use of the word “burqa” is not there in the Holy
Quran. Hence in order to fully appreciate the arguments on the subject of the veil it is necessary
to fully analyse, etymologically and historically, the dimension of the word “veiling”.
The association of clothing, modesty and morality in
Islam acquires meaning beyond the familiar, hence
limiting it to a single dimension of “veiling”
obscuring historical developments, cultural and social differences, class, special rank and socio-political
articulations.
An interesting point to be noted is that the Quranic
reference to “hijab” meaning “screen” does not concern or limit itself to women’s clothing. The Holy Quran
has a number of references to hijab, not one of which concerns women’s clothing.
In one instance the Holy Quran says: “It’s not fitting
that God should speak to him except by inspiration or from behind a veil (hijab).” (H.Q. 42:51)
The veil here is not material. The reference endorses
the “non-gendered” context separating the creator from his mortals. Another verse uses this term to segregate
the wrongdoers from the righteous: “Between them shall
be a veil (hijab), and on the Heights will be men who
would know everyone by his marks...” (H.Q. 7:46)
Again reference is made to those who accept the truth
and those who do not. At another instance: “We put between thee and those who believe not in the
Hereafter a veil (hijab) invisible.”(H.Q. 17: 45)
The next reference is to the separation of light and
darkness: “Truly do I love the love of good, with a view to the glory of my Lord until (the sun) was
hidden in the veil (hijab) of the night.” (H.Q. 38:32) Finally there is one more verse which says: “O ye who
believe enter not the Prophet’s house until leave is given to you... and when you ask his ladies for
anything you want, ask them behind a screen.” (H.Q. 33:53).
The reference here again is to a screen and not to
women’s clothing. Although traditionalists argue that this verse relates to women in general, modern
scholars equally well grounded in Islamic theology uphold that this verse relates to the wives of the
Prophet or “ummul Mumineen” only as they were special.
Modesty of both outlook and appearance is recommended
in the Holy Quran. Hence, with regard to gender one
verse of the Quran speaks to both men and women to be
modest. It should be noted that the first verse on modesty of outlook is addressed to men: “Say to the
believing men that they should lower their gaze and guard their modesty; that will make for greater purity
for them.” (H.Q. 24:30)
“And say to believing women that they should lower
their gaze and guard the modesty.” (H.Q. 24:31)
Further recommendations to women are: “They should not
display their beauty and ornaments except what must
ordinarily appear thereof.” (H.Q. 4.31). And “O
Prophet, tell thy wives and daughters 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.” (H.Q. 33:59)
It is interesting that these verses do not refer to
hijab but to “khimar” (head cover) and “jilbab” (body dress or cloak). It should be noted that the centre of
both these verses is modesty, protection and special status.
According to the noted scholar Syed Ameer Ali the last
injunction was required by special circumstances which
then prevailed in Medina, where the hypocrites would
molest a woman and feign innocence by suggesting that
they thought that the woman was a person of
ill-repute.
This is plainly hinted in the following verse: “Truly
if the hypocrites and those who stir up sedition in the city desist not, we shall make thee stand up
against them.” (H.Q. 33:60). Such a dress was therefore a kind of protection and not meant for
suppression. Finally, in older women such dress is done away with: “Such elderly women as are past the
prospect of marriage — there is no blame on them if they set aside their outer garments without making a
wanton display of their ornaments.” (H.Q. 24:60).
An interesting view on the dress code of women in
pre-Islamic Arabia is propounded by Said Al Ashmawy, former chief justice of Egypt’s Supreme Court (author
of 15 books on Islam and law). Basing his data on history he says, “In the Prophet’s day, many women
went about with their chest uncovered. What the Quran stated was that women should dress more modestly; by
pulling a cloth across the chest.” A similar view is held by Maulana Muhammed
Asad.
Seeing the widespread laxity of morals among all
classes of people, the Prophet strongly recommended modesty in appearance and dress. But to suppose that
his recommendation would assume its present form that he enjoined seclusion or ostracisation of women is
wholly opposed to the spirit of his reforms. The Quran itself offers no warrant for holding the seclusion of
women as presently practised or imposed.
It must be noted here that Islam did not introduce
veiling or seclusion in Arabic countries nor is this indigenous to Arabs. Long before the advent of Islam,
veiling and seclusion appear to have existed in the Hellenistic-Byzantine era and among the Sassanians of
Persia.
In ancient Mesopotamia, the veil for women was
regarded as a sign of respectability and high status; decent married women wore the veil to differentiate
themselves from women slaves and unchaste women.
The latter were in fact forbidden to cover their heads
or hair. In Assyrian law, slaves were forbidden to use the veil. Those caught using the veil illegally were
liable to severe penalties. Thus veiling was not simply a mark of aristocracy but also used to
distinguish “respectable” women from disreputable ones.
Successive invasions brought the Greeks, Persians,
Mesopotamians and the Semitics in contact. The practice of veiling and seclusion of women appears
subsequently to have become established in Judaic and Christian systems. Gradually these spread to the urban
upper classes of the Arabs and eventually to the general urban public.
The veiling of Arab Muslim women belonging to urban
areas became more pervasive under Turkish rule as a
mark of rank and exclusive lifestyle. By the 19th
century upper-class urban Muslim and Christian women in Egypt wore the “habarah”, which consisted of a long
skirt, a head cover, and a burqu, a long rectangular cloth of white transparent muslin placed below the
eyes, covering the lower nose and the mouth and falling to the chest.
The revival of the term in the Seventies took place
when the veil became the centre of feminism and nationalist discourse in Egypt during British colonial
occupation.
Classical as well as modern scholars submit that
verses relating to dress are not obligatory (Fard al Ayn or Fard al Kifayah) since there is no textual
stipulation which makes it obligatory (wajib).
Indeed, Al Jabiz writes that women with the knowledge
of their kin, socialised freely at that time of early Islamic community. Furthermore, Al
Wahidi, in his Asbab al-Nazul, and other scholars maintain that the reference in Surah 24:31 to scarves that should cover
both head and bosom (khimar; in contrast to the full-length dress) was based on the need to
differentiate between free women and slaves. Further scholars emphasised that if scarves were used to
distinguish free women from slaves “then the abolition
of slavery in the modern period has eliminated this reason for (extra) covering of oneself,” (p. 324).
Jurists differ as to the requirement of veiling and
seclusion contained in the Sunnah. Reference of veiling in the earlier, hence sounder, hadiths are
vague and general; whereas the latter, hence less reliable, hadiths are much more detailed.
Some women consider veiling to be liberating, some
find it an assertion of cultural identity. In the West veiling is associated with morality and privacy.
However, to some it implies subordination and subjugation. And on the basis of religion it cannot be
enforced.
The Asian Age ,
New Delhi
December 01 , 2001
LETTER
by Mahesh
Kaul, Canal Road, Jammu
Soulful Sir,
Dr Zeenat Shaukat Ali’s article Behind the Veil
(The Op-Ed Page, The Asian Age, November 21) was a timely one as it appeared during the holy month of
Ramzan when the followers of the faith are called upon by the Prophet to observe a pure life through fasting
and introspection. We have witnessed how women have been ill-treated in the name of Islam.
Women have been forced to hide themselves behind burqas and have been denied their freedom in
Afghanistan. We have also witnessed the same in
Kashmir. Thus being the situation Dr Ali’s article has given readers the impression that Islam is a religion
of discipline and not repression and human rights violation.
By quoting couplets from the Quran in support of
freedom for women, Dr Ali has done great service not only to Muslim women but has also enabled us
non-Muslims to understand the main preachings and message of the Prophet in a broader context.
To further reinforce her claim of Islam being a
religion that proclaims respect to women I quote the wandering monk of India Swami Vivekananda who had said
that, “It is a mistaken statement that has been made to us that the Mohammedans do not believe that women
have souls. I am very sorry to say it is an old attitude... By the by, you know I am not a Mohammedan,
but yet I have had opportunity for studying this religion, and there is not a word in the Quran which
says that women have no souls, in fact it says they have.” (The Complete works of Swami
Vivekananda, Vol. 4, page 192.)
