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The Asian Age

Behind the veil

By Dr Zeenat Shaukat Ali

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.
 

Dr Zeenat Shaukat Ali is professor of Islamic studies at St. Xaviers College, Mumbai