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Another incident came to the fore which proves Indian Muslims are in trouble and signs and facts of Islam are vanishing. A verdict on hijab row passed by HC of Karnataka on 15-3-20
Another incident came to the fore which proves Indian Muslims are in trouble and the basic principles of Islam are again being violated. A verdict on hijab row passed by HC of Karnataka on 15-3-2022, Tuesday, was merely against Indian secularism ideological factor. Because, if any rights of religion have been denied, be it from the government, Centre or any political party, the last sigh of relief was from Indian courts. The lawyers should observe a deep study about it. If the petition belongs to a religion, I think, it would be better to negotiate with scholars of the respective religion and come to a conclusion that respects both constitutional and individual freedom, signifying the latter. HC has peripherally argued the hijab is not compulsory in Islam, claiming that its origin in the Arabic verb hajaba has etymological similarities with the verb “to hide". That this word as such is not employed in Quran cannot be disputed, although commentators may have employed it. From this, we can understand very clearly that the court sought evidence only in Quran and came to the conclusion saying the word hijab is not employed in Quran and this word is used only by interpreters not by god.
Let's discuss it by questioning and answering.
What are the basic Islamic principles to believe?
Islam has four basic principles.
Quran, Hadith; talk and actions of the prophet Muhammed (s), Ijma; juristic consensus, Qiyas; analogical reasoning. These are the principles. If anyone needs any evidence for anything in Islam, he should seek Quran, Hadith. If he did find nothing in both, then move into Ijma and next to Qiyas. Every practice in Islam is proved. Here, the main problem HC has gone through is they sought only the Quran (even though Quran has the explicit proof for hijab) and found nothing.
The commentators or interpreters (Mufassirin) who interpret the actual meaning of the Quran, do they deserve authenticity and recognition in Islamic jurisprudence?
Yes, their words are authentic and dependable as far as we depend on Quran and Hadith. Because a Mufassir or jurisprudential scholar in Islam has only been recognised after absorbing a deep knowledge and much expertise in his specified field. Whatever they say is authentic and will be proven either by hadith or events that took place in the best generation as the prophet (s) said " The people of my generation is best, and then those who follow them, and then those who follow the latter. Yet, it is not obligatory for us to believe what they interpret, but also if we didn't go through their interpretations, we will understand nothing. Because they are a nerd and imbibed more beneficial knowledge than us. In short, they are to say what is the exact meaning that Allah is meant by it.
Is it true that the Quran didn't mention the hijab which means to hide in the entire Quran?
Basically, HC claimed that the word hijab is not used in Quran, therefore it's not mandatory. But still, I am thinking about why they are discussing whether the word is discussed in it or not? Do petitioners file like that? Instead of context, they searched for a word. Anyway, there are a lot of verses in Quran which portrays the hijab as essential for women. Allah describes it in different style by using different word. We should show a minimum sense of capacity to understand such things. In English, there are a lot of synonyms for one word. For instance, with the word “walks ", I can suggest, 5 more similar words to it. Stroll, saunter, amble, trudge, hike etc. Allah used a context hijab is mandatory in different style but context is one. The answer to my question, whether Allah used the word hijab which imposes the meaning of compulsory in the Quran, is surah Ahzab, verse no 53. Allah says
Ùاسئلوهن من وراء Øجاب
when you ask (with his wives) for something, ask them behind the veil. Abu Jaafar Muhammad bin Jareeru Thabri who has been called Sheikhul Mufassirin being to his interpretations mentioned a hadith that says if you ask something with his wives or with other women, ask behind from a complete hijab. Here Allah orders men to maintain distance from women and women to veil themselves. Even the companions who were so pious and feel displeasure to do an ounce of mistake, are been ordered with hijab, how we can prove it not essential? These are the errors I found in the statement passed by HC.
For further, let’s discuss whether the hijab is a mandatory practice in Islam or not?
Here we go some proofs:
In Quran:
1. Surah Ahzab, verse no 59
يدنين عليهن من جلابيبهن
Say Muhammad to let down their veils upon them.
Narrated by Imam Abu Bakker Ahmed bin Ali Arrazi, while this ayah was revealed, a group of women from the Ansar tribe came up with a hijab that looks like a crow. It means that they wore a black coloured veil and covered their bodies completely. They understood the actual meaning of this ayah and turned their attire into the complete veil.
2. Ùاسئلوهن من وراء Øجاب
Ask with them (with wives of Muhammad s) behind a hijab. I have discussed it earlier.
3. Surah Ahzab, verse no 33
وقرن ÙÙŠ بيوتكن ولا تبرجن تبرج الجاهليةالاولي
Stay in your home and do not go out displaying your allurements as in the time of ignorance.
Imamul Mufassirin interprets the meaning of the word thabarruj as thabakhthur which means to strut or to walk arrogantly, proudly. Walking proudly showing all their allurements out as they did in the time of ignorance is strictly prohibited. The core point is to hide their beauty by covering their bodies.
4. Surah noor, verse no 31
وليضربن بخمرهن علي جيوبهن
Tell believing women to draw their veils over their bosoms.
Further, Allah says, let them not stamp their feet so as to reveal what they hide in their adornments. Even Allah decrees them to hide the adornments or beauty in legs without stamping, I think, the face is far more beautiful than the leg.
In Hadith:
المرأة عورة
Ibn Masood (r) narrates; the prophet(s) says women are Awrah.
In Islam awrah of men is different from women. The awrah of men is in between navel and knee. Men should mandatorily cover their awrah even he is alone. Here prophet s says the awrah of a woman is her entire body. By this, it's obvious to us to figure out that she herself should cover her entire body.
Prophet(s) says those who are in ihram, shouldn’t wear veil and hand gloves. By this, we can understand, a woman out of her ihram, should wear the veil and cover her body. Otherwise, if it is not compulsory and women weren't wearing a veil, no point in saying not to wear it while they are in ihram.
3 and 4
Two hadiths of Asma'(r) and Aysha(r) are the same in context. So joining it to prevent lengthily. They say while they are circumambulating the Ka'ba, we keep our face open. If any man comes in contact with us, we will draw our khimar (cover) down. And we lift it once they disappeared.
5. Once Aysha(r), while returning from a battle Banu- l -Musthalaq, lost her necklace. While looking for it, she lost the army that will take her back to Madinah. Safwan bin al Muathal whose responsibility was to come last after all army leave their place, inspecting whether anything was left behind. He found Aysha(r) sitting there. While he came to her, she suddenly put down her khimar (veil). What is the need of putting down a veil, if it is not compulsory in Islam? By this, it’s clear that the hijab and niqab are compulsory in Islam.
6. Narrated by Nathan, a freed slave of Umm Salaam that she narrated to him, once she and Maimuna (duo wives of prophets) were with prophets. A blind guy comes to the prophet(s). He ordered us: اØتجبا منه, veil yourselves from him. So I asked, o messenger of Allah, he is blind that he cannot see and recognize us? Why do we need to veil ourselves? He said: are you two blind so that you cannot see him?
These are all the clear proofs and evidence in Quran and hadith for the hijab. Despite Deluges of evidence are existing, how we can deny it? How does HC claim hijab is not essential?
Hijab is a part of the religion that is mandatory and a right to be bestowed to Muslim women in India. I request, even all Muslims, should study the controversies and rise sound for rights and reach these facts for every Muslim man and woman. Hope these facts will be useful for upcoming discussions in SC and it will provide justice.
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