Author: FAIYAZ KHAN, MAHARISHI UNIVERSITY NOIDA, CAMPUS
Co-author: HIMANSHU TRIPATHI, MAHARISHI UNIVERSITY NOIDA, CAMPUS
ABSTRACT
Hijab ban controversies has spread throughout the nation as well as worldwide when got to know that Muslim girl were not allowed to wear hijab in school and colleges due to this. Many Political party also get involved and he started debate in this issue with the right or wrong. Some of them come to support the ban while some are opposed the ban or some of them Favouring Indian Muslim girl to wear the hijab. Due to this Many students have demanded an end to the prejudice during student demonstrations against the state's Hijab Ban, which have resulted in widespread lathi charges.
In this article, we have dealt with the whole concept of hijab, why it is important to logic behind wearing the hijab and dealt with the direct and indirect impact of hijab in the Muslim community. We have also focused on why Muslim women wear hijab and their various parts and related to issue. And what mentioned in the Quran with reference to it, we have also tried to present all the above concept in a lucid way so as it presents the related concepts in a more effective manner.
Keywords: Hijab, Controversies, Muslim , Ban , Quran
INTRODUCTION[1]
For those who think the hijab is an enigma, let me tell you a story of the suffering of the poet Kamala Das[2], a woman who finds her true love at the age of 65, who had converted to Islam for her love and turned herself into Kamala Suraya. It was the most unlikely of scandals to disturb India's public life. She died in 2009, literally a mystery wrapped in an enigma. However, 13 years later, the hijab has been wrenched back to the front, propelled by a series of seismic events and far more aggression resulting in the events that have reshaped the foundations of micro, mezzo, and macro life. This story started in January 2022 nationally from small-town, i.e., Udupi situated in Karnataka state, where six girls stopped entering college premises at Udupi Pre-University (PU) Government College. The college denied permission to wear the hijab if you enter the classroom. After that, Udupi Pre-University (PU) Government College students started protesting for their rights, and they said this hijab is their sacred thing in Islam.On 19 January, the college administration held a conversation with girls, parents & officials but had no result. After this meeting once again, a meeting was held with on 26 January. Udupi MLA Raghunath Bhat said that girl’s students who cannot come to school without hijab should study online. However, opening college again, they wear and come but deny college entry. Uniform order was issued on February 5 on February 5; the state government invoked section 133(2) of the Karnataka Education Act 1983. Accordingly, it was made mandatory for all the students to wear the prescribed uniform in the college as it was said that the order was implemented by both the government and private colleges. Many political parties also criticized this decision of the state government.
The controversy turned violent on February 8. Clashes took place at many places in Karnataka. There were also reports of stone pelting from many places. A video of Shivamogga surfaced in which a college student put a saffron flag on a tricolorpole.InMandya, a girl wearing a burqa was sexually assaulted. By then, some students had been forced to sit in separate classrooms because they chose to wear a headscarf; government officials had decreed that colleges should segregate those wearing headscarves; more colleges had begun to refuse entry to hijab-wearing students; the Karnataka home minister had ordered an investigation into whether the teenage girls' protest was the result of a conspiracy; and in Mandya, a lone girl in a burqa had been surrounded and hounded. Even though the department of pre-university education's entrance rules for 2021-22 specifies that students are not required to wear uniforms, uniforms are required in practically all PU institutions. The state chief minister Basavaraj Bommai and education minister BC Nagesh explained the high court's interim decision forbidding religious clothing, saying it would only apply to pre-university institutes with a specified uniform. However, the confusion continued in the days after, when college administrations throughout the state placed a blanket ban on the hijab on February 14th. Three additional students joined the case Resham v. State of Karnataka and Ors after Resham, a student, petitioned the Karnataka High Court for relief. Therefore, the matter is now sub-judice.
Hijab: why Muslim women wear it
Veiling was not brought into Arabia by Muhammad, according to available evidence. However, it already existed there, especially in cities, though it was likely not as common as in adjacent nations like Syria and Palestine. Its usage related to excellent social standing among Greeks, Romans, Jews, and Assyrians, much as it was among Greeks, Romans, Jews, and Assyrians[3]. The word hijab does not discriminate between veiling and seclusion in early Islamic writings and may imply either "veil" or "curtain[4]. The only verses in the Qur'an that mention women's clothes are those that promote modesty, urging women to cover their private parts and pull their scarves over their breasts while in the company of males. The "verse of the hijab" dropped upon the community around 627 CE, giving rise to the modern notion of the hijab[5]. The passage now recorded in Sura 33:53 reads, when you need anything from [his wife], ask them behind a barrier. That is healthier for your and their hearts[6] . On the other hand, this passage was not directed to all women but just to Muhammad's wives. As Muhammad's power grew, he hosted more and more people at the mosque, which served as his house at the time. These guests often remained the night barely a few feet from his wives' rooms. This passage is often believed to have been written to safeguard his women from these intruders[7]. Darabont al-hijab, the phrase for putting on the veil, was used interchangeably with "becoming Muhammad's wife" throughout Muhammad's lifetime.
During the 1960s and 1970s, Muslim nations were dominated by Western clothes[8].[9] For example, in Pakistan, Afghanistan, and Iran, some women wore short skirts, flower-printed hippie dresses, flared pants, and left the headscarf at home. Following the Soviet-Afghan War, Pakistan's military rule, and the Iranian revolution of 1979, classic conservative clothing such as the abaya, jilbab, and niqab made a resurgence[10]. In March 1979, protests erupted in Iran after the implementation of the hijab legislation, which required women to wear scarves while leaving the home[11]. However, this phenomenon did not occur in all Muslim-majority countries; in Turkey, for example, there has been a decline in women wearing the hijab in recent years, even though Turkey is becoming more conservative and Islamic under Erdoan, as Turkey repeals the Atatürk-era hijab ban[12]. As well as the establishment of new fashion enterprises aimed towards conservatively dressed ladies. Gamal Abdel Nasser mocked the Muslim Brotherhood in 1953 for advocating that women be forced to wear the headscarf. In 1953, Egyptian President Gamal Abdel Nasser said that the Muslim Brotherhood's leader informed him that they intended to impose the hijab, to which Nasser answered, "Sir, you have a daughter who studies in college which also did not wear a scarf or cover her head, why do not force her to wear, Sir you even cannot tell your daughter to wear it and you are saying 10 million women to wear it[13] .
For women, the hijab is something scared things. The Arabic word hijab means to cover. Muslim women in Glasgow, Scotland, discuss the meanings of modesty and the headscarf. 716-731 in Gender, Place & Culture. According to Siraj, Muslims make up most of the Middle East's population. The Muslim faith encourages women to wear a hijab or veil, a headscarf covering the Muslim woman's eyes, and is worn with a full-body shroud called the burqa. Wearing a Hijab by Muslim women is fashionable today, much as wearing a Turban by a sheik is. Hijab is derived from the Arabic word "hajaba," which means "to cover or hide the body and attractiveness of a lady from outsiders."
Furthermore, the Quran encourages women to wear hijab since they must be conservative. Hijab was disliked and seen as a novelty by many people before the twenty-first century. On the other hand, Muslim women embraced this attire for a variety of reasons. Many women, for example, wear the hijab because they feel it is Allah's command to do so, and it is a manner of demonstrating trust in Allah. Other ladies wear it to display their commitment to the Muslim religion and emphasize their modesty.
Moreover, tell the believing women to lower their gaze and guard their chastity, and not to reveal their adornments (i.e., hair, body shape, and underclothes.) except what appears typically (i.e., the face, hands, outer clothes, rings, kohl, and henna.). Let them draw their veils over their chests and not reveal their ˹hidden˺ adornments (i.e., hair, arms, and legs.). Except to their husbands, their fathers, their fathers-in-law, their sons, their stepsons, their brothers, their brothers' sons or sisters' sons, their fellow women, those ˹bondwomen˺ in their possession, male attendants with no desire, or children who are still unaware of women's nakedness. Let them not stamp their feet, drawing attention to their hidden adornments. Turn to Allah in repentance all together, O believers, so that you may be successful[14].
(Qur’an 24:30-31)
Apart from this, Muslim women wear a different kind of Islamic cloth
1- Hijab: In general terms, hijab is to cover or veil, most commonly referring to a headscarf covering hair and neck, but not the face. Moreover, the hijab is mostly very stylish &fashionable.
2- Niqab: It is a garment worn by Muslim women covering the whole face except the eye. As a part interpretation of hijab,Face veiling is not a necessity in Islam, according to the majority of Muslim academics and Islamic schools of thought. Muslim women wear the niqab in locations where they may meet non-mahram (unrelated) males.
3- Burqa: It covers the whole-body part of women. The terms burqa and niqab are occasionally used interchangeably. The niqab is a face veil that leaves the eyes open, but the burqa covers the entire body from the top of the head to the ground, with just a mesh screen enabling the wearer to see ahead of her. The hijab, which covers the hair, neck, and all or part of the chest but not the face, is not to be mistaken with the burqa.
4- The khimar is a long, cape-like veil that reaches just below the waist. It covers the hair, neck, and shoulders but exposes the face.
O Prophet! Tell your wives and daughters and the ladies of the faith to drape their cloaks (veils) over their whole bodies (i.e., screen themselves thoroughly except the eyes or one eye to see the way). It would be preferable if they were recognized (as free, decent ladies) to avoid becoming irritated. And Allah is forgiving and Merciful at all times[1].
SURAH AL-AHZAB AYAT 59 (33:59 QURAN)
In QURAN, not only women but men are also given instruction
Tell the believing males to guard their private parts and lower their eyes (from staring at prohibited items) (from illegal sexual acts, etc.). For them, this is purer. Allah is well aware of their actions[2].
SURAH AN-NUR AYAT 30 (24:30 QURAN)
Is it necessary to wear a hijab every time?
They are speaking from the standpoint of today's generation. Hijab has a stigma linked to it and prejudices and misunderstandings. Yes, it is used by certain males to oppress women, which is entirely against Islam. Solely a few narrow-minded individuals believe that women should only perform housework. The Prophet Mohammad's wife, Khadija was a Makkan 'businesswoman.' In truth, Islam stipulates that both men and women must be educated. Suppose we take it to be a piece of fabric that covers one's body, rather than a piece of cloth solely worn by Muslim women to cover their bodies. Then it would be simple to see why it is required.
We all have clothing on, and no one goes outdoors nude. Bikinis, jeans, shorts, salwar kameez, sarees, and hijab are worn by some. These are their methods of covering themselves following their preferences. As a result, the hijab is a new technique for Muslim women to cover their bodies as prescribed by Islam. Of course, not wearing a hijab depends upon one choice. It is not mandatory to wear it all the time[3]
Are women forced to wear hijab?
No, the majority of Muslim women cover themselves by their own will, and there is no force to must wear hijab. Generally, it says that when a girl reaches puberty the same every time, it is advised that she start dressing her up modestly.
Need for hijab?
Women in Islam are given an independent status, which is not tolerated. She is still a servant girl, and at the same time, her dignity and purity have been given equal weight.
Nowadays, even if 5-10 men walk on the road or travel somewhere, no one looks at them. However, if, on the other hand, a single woman walks, or goes anywhere or travels, all eyes are drawn to her. Allah, the Almighty, has preserved a specific power of attraction in women. If adequate arrangements are not made to stop the gaze, the very fabric of society will be destroyed[4].
The logic behind hijab for the face
In the whole human body, the most beautiful part is the face. All the beautiful parts of the face, such as hearing, speaking, seeing, and other power, which create turmoil in the emotions and may lead men to sin, are connected to the face. This is the reason shariah has to tell the women to cover the face with a nose – piece, and that is why it is not allowed to see any other men to have a glimpse of her face in particular[5] .
HADITH: whoever looks at a non – mahram woman with lust, molten lead would be poured into his eyes on the day of judgment.
(Hidayah ,kitab UI karahiyya ,vol 4 )
As per the survey conducted by us,we are sharing screen shot with this paper.
SAYEEDHA SHEEBA FATMA
BACHELORS IN JOURNALISM AND MASS COMMUNICATION
2 YEAR , 4TH SEMESTER
JAMIA HAMDARD
ASHUTOSH KUMAR PANDEY
Which model of secularism is better?
The Indian –us version of secularism or the French – European version of secularism, has no straight forward easy answer, which model would be better for India? Should India adopt the French model? If the French model is implemented in India, it would mean that not only the hijab would be banned, even the turbans for the Sikhs would be banned, and any type of religious thread will not allow i.e., complete ban bandit& tika. Apart from this, any sort of religious prayers would not be held at school, whether they are Hindu prayers or Christian prayers, & obviously institutions in addition to schools even people in the govt wouldn’t be able to wear any religious dress or symbols. Like a coin has two sides good and bad let’s see both sides. Let us see what the disadvantage of the French model of secularism are? We see its disadvantage in terms of social integration. there have been several reports from France[1] , these state that since France has banned the hijab in schools and colleges, the community of Muslims in society has taken to very low due to this. Thus, the result Muslims have become excluded from society.
To comprehend this, you must first comprehend the ramifications. Consider what would happen if the hijab were to be outlawed in India. Often, hijab-wearing females come from households where religion is highly prominent. Most probably we often see religion always beats the education. hijab is not allowed in school; hence parents are refraining their girl child from attending school and collages. or send her to same another religious school. Moreover, if there are no religious schools nearby, the parents may decide not to send their daughter to school at all. They may get their daughter married off. &Build a new future for her. It essentially deprives females of the chance to get an education. Some may say is it so difficult, they can simply take off their hijab before coming to school but in reality, when a child or young girl is going to school or college, she is not allowed to take any decision independently to whether she goes for school or collages, we often see in most of the cases parents itself decide whether her child go or not to school or collages, On the other hand, if the hijab isn’t banned, & hijab-wearing girls are allowed to go to school & colleges, those girls can then complete their education. They will get educated & perhaps then after they get an education, they will teach their next generation. their children, about the freedom of choice, &would not let hijab be forcefully imposed on them, the point is about patriarchy, that the girls are forced to wear a hijab, In the case of hijab, the education play very important role to the growth of girls and the only solution to which this possible is through women empowerment.
Let us see the disadvantages of India with respect to secularism
The very first disadvantage is that we must set a line for this and if girls are allowed to wear hijab in school and collages today. Then tomorrow someone comes to school in a burqa. It’s her freedom of choice what she needs to wear and all. Nobody was allowed strictly it to wear anything. Suppose I am making new religion and there mention this cloth allowed to wear and come to school as well. So, someone may wear X cloth to school, how can we prevent this from happening? What is the logic for this? And the second disadvantage is that it’s very difficult to set a parameter for theis. It is very easy to manoeuvre people in the wrong direction through politics. In the name of religion, it is very easy to incite people to fight. It gets simpler in this model than in the French model.
Conclusion
As we know that our India is a diverse country for culture where several culture practice at a time and respected each culture.it’s now person choice to decide his /her dress code as per their ownwish, because we live in democratic nation, we have freedom to do anything or to wear any cloths.however, we know that the hijab bansdisputes led to closer of all the educational institutes in the state of Karnataka resulting in further protest among student organisations. The hijab ban dispute also disrupted public order in the state. In the case of national legal services authority vs. union of India[2] it said that any person choice of dressing is protected under freedom of expression,what one wears and how one dressed is a personal choice. Are protected under privacy which was held in the case of K.S PUTTASWAMY vs. UNION OF INDIA[3] seeing above all the things hijab does not violative of any F.R , as hijab is a custom which where women following from the long for their modesty .as it is said in Islam women always need to be hijab only there husband and child allowed to see her as per Islam mention it’s because women have always risk of their modesty from past , and also said that for many women hijab is a confidence booster in itself . Apart from that, it gives a smile to one's face. I have always been attracted by the shine that a lady who wears a hijab exudes. Hijab is more than simply a fashion statement; it represents much more. It is, for example, a barrier between a man and a Muslim lady. In essence, Hijab brings both spiritual and physical serenity and harmony to the Muslim lady. Hijab does not make you different from other women. It signifies that you have chosen to protect yourself from other societal ills. A lady feels more secure wearing a hijab. It boosts her confidence since she believes she is securely protected and may walk freely in locations where male counterparts congregate[4] .
[1]Muslims feel 'alienated' in France (aa.com.tr) [2]https://indiankanoon.org/doc/193543132/ [3]https://www.scconline.com/blog/post/2019/11/14/thought-the-aadhaar-issue-was-over-with-k-s-puttaswamy-judgment-not-yet-heres-why/ [4]https://myislam.org/surah-ahzab/ayat-59/
[1] https://www.namazzamani.net/quran/surah-an-nur-ayat-59.htm [2]https://myislam.org/surah-nur/ayat-30/#:~:text=Tell%20the%20believing%20men%20to%20lower%20their%20gaze%20(from%20looking, Aware%20of%20what%20they%20do. [3]https://www.abc.net.au/news/2014-09-23/why-do-muslim-women-wear-a-burka-niqab-or-hijab/5761510?nw=0&r=Gallery [4] https://www.scribd.com/document/181842303/Veil-Hijab-Purdah-English [5] http://www.irfi.org/articles2/articles_2301_2350/Why%20Muslim%20Women%20Veil%20%28Hijab%29.HTM
[1]Faiyaz khan ,Maharishi university , Noida campus , Himanshu tripathi ,Maharishi University ,Noida campus [2]Kamala Surayya (born Kamala; 31 March 1934 – 31 May 2009), popularly known by her one-time pen name Madhavikutty and married name Kamala Das, was an Indian poet in English as well as an author in Malayalam from Kerala, India. Her popularity in Kerala is based chiefly on her short stories and autobiography, while her oeuvre (works) in English, written under the name Kamala Das, is noted for the poems and explicit autobiography. She was also a widely read columnist and wrote on diverse topics including women's issues, child care, politics among others etc. [3] https://www.jstor.org/stable/20839030 [4] Ahmed, Leila (1992). Women and Gender in Islam. New Haven: Yale University Press. pp. 53–54. [5] https://en.wikipedia.org/wiki/No_God_but_God:_The_Origins,_Evolution,_and_Future_of_Islam [6] https://web.archive.org/web/20130207003453/http://quran.com/33/53 [7] https://archive.org/details/nogodbutgodorigi00asla/page/66/mode/2up [8] https://www.albawaba.com/slideshow/retro-mini-fashion-middle-east--514288 [9] https://yalebooks.yale.edu/book/9780300181432/quiet-revolution [10]https://www.businessinsider.in/politics/take-a-look-at-these-amazing-photos-of-iran-before-the-revolution/articleshow/46807681.cms [11] https://www.theguardian.com/artanddesign/2015/sep/03/hengameh-golestans-best-photograph-iranian-women-rebel-against-the-1979-hijab-law [12] https://www.nationalgeographic.com/history/article/131011-hijab-ban-turkey-islamic-headscarf-ataturk [13]https://www.youtube.com/watch?v=_ZIqdrFeFBk. [14] https://quran.com/24/30-31.