Hijab

HIJÂB IN ISLAMIC FIQH AND CULTURAL PERSPECTIVES

Rusli, S.Ag., M.Soc.Sc

STAIN Datokarama Palu, Sulawesi Tengah

Introduction

In the western world, Islam is still seen as a frightening face. Nevertheless, there are some western scholars who appreciate Islam and its civilisation, such as, among others, John Esposito. However, for most of the western people, Islam is seen as identical to terrorism, fundamentalism, radicalism, violence, backwardness, female subordination and oppression. Subordination is manifested with polygamy, seclusion, and compulsory veiling (hijâb) added to it a chador (face cover). In addition, Islam is perceived as anti-democracy, denigrating human rights, especially women’s rights, like in the case of clitorectomy or female genital mutilation.

The questions are: Does Islam, as a collection of values and ethics, subordinate women? Does hijâb reflect a symbol of backwardness, oppression and suppression against women? This essay is to refuse western feminists’ claims that hijâb is a symbol of backwardness and a barrier to women’s creativity and an obstacle to their participation in the public sphere.

The Basic Principles of Islam

As a religion and way of life, Islam has objectives and orientations. Its objective is to realise the welfare of Muslims in this world and the hereafter. Therefore, Islam outlines guidelines that must be kept in Muslim’s mind in order that they are in accordance with the basic guidelines, such as justice, equality, freedom, consultation in all matters (musyâwarah), no harm to others, etc. These are, according to Masdar F. Mas’udi (1999: 31-31), are known as universal, absolute principles that are eternal and unchangeable (qath’î). These basic guidelines and principles are points of departure for Muslim jurists and scholars in formulating legal opinions. These universal principles were mostly established in the early period of the Prophet, the period of Mecca. Several verses, which were revealed at this period and known as al-âyât al-makkiyah, indicate that this is a period of establishing a basic foundation of Islam.

At the period of Medina, the establishment of the community (ummah), which is based on these universal principles, arose. The verses that were revealed in Medina are known as al-âyât al-madaniyyah. The characteristics of al-âyât al-madaniyah are that most ayat speaking about laws and regulations that are needed in establishing the solid community based on the faith (îmân, tawhîd), equality (musâwah), justice (‘adl) and Islamic brotherhood (ukhuwwah islâmiyyah). The branch, of course, strengthens the root and does not deviate from it. Shari'a (Islamic laws) that are established in Medina, in essence, is not contradictory with the universal principles that are established in Mecca, even gives it strength.

Historically, Arabs, before the arrival of Islam, were known as jâhiliyah. In theological perspective, they are pagans worshiping statues. Nevertheless, there were some people who embraced the religion of Ibrahim, which is hanîf (pure). Sociologically, they were bounded with solid ethnical ties (tribalism). Then, if conflicts and tensions occurred between individuals from different tribes, each tribe gave its defence and protection to its clan. Consequently, it is not rare that war between opposing tribes occurred at the time. Blood is paid with blood, eye with eye, and so on. In addition, Arabs were patriarchal society that subordinated women to a great deal and treated them as objects. Men were superior over women, and women were perceived as half of men (the second sex, the oppressed). Female infanticide was a common phenomenon that was motivated by the fact that women become aib (humiliation) for the family. Women did not inherit, but were inherited like material objects. Women could not be witness and get involved politically and economically in the public spheres. These cases are examples of gender imbalances that women experienced in Arabic society before Islam.

The arrival of Islam in the society that was theologically and sociologically uncivilised was a threat to social and cultural structure of the society where patriarchy was deep rooted. Islam, which is liberal in nature, deconstructed the beliefs of Arabs that were polytheist and replace them with monotheistic (tawhîd), worshipping Allah (the Creator of the universe), not worshipping man-made gods. Since worshipping man-made gods will denigrate high values of human beings. From this fact, as Nasr Abu Zaid argued, Islam is very modern in the sense that it challenged the traditions and systems of the society and replaced them with that systems that appreciate the basic values of human beings.

Furthermore, Islam eliminates discriminations based on gender, skin colours, and social status. Every human being is equal before Allah and law. The only thing that distinguishes their status in the eye of God is taqwâ (piety). In the history of Islam, there was a person from high status committing a crime (robbery). Thus, a delegation came to the Prophet asking for the abolishmenet or reduction of punishment in order that he was not cut his hands, the Prophet said, “If Fatimah, my beloved daughter, steals, I truly cut her hands.” His statement is an indication that justice and equality before law should be upheld although to his or her relatives.

From above cases, it can be argued that Islam promotes values of freedom, equality and justice. These principles become the solid basis for the establishment of civil society (mujtama’ madanî) that was based on Islamic shari'a. Whatever contradicts with these basic principles have to be eliminated.

Hijâb (Islamic veiling) is a part of the Islamic tradition that is inseparable from this principle, that is, freedom to express Islamic identity and to keep dignity. Therefore, hampering Muslim women from veiling is not in accordance with the principle of freedom, which is one of the human rights. In addition, hijâb is one of the ways to appreciate the value of body to be covered. This is intended, as the Quran says, to protect women from being sexually harassed. As we already know that body is something to be appreciated, not to be shown publicly. The appreciation of the body is through covering the body since this is seen as aurat (something to be hidden).

Nevertheless, in Islamic discourse, particularly from the Islamic law perspective, there is a controversy whether or not veiling (berjilbâb) is compulsory in the current situation. This may be caused by the differences in the methodology of analysing the problem and interpreting the text on Islamic veiling. Some scholars use hermeneutic approach using sociological analysis, while others focus on textual analysis of the verse.

Hijâb: Perspective of Islamic Law

The term hijâb is derived from the verb hajaba, which means to veil, cover, screen, shelter, or seclude (Wehr, 1980: 156). This has the same meaning as the word jilbâb. Jilbâb is derived from the verb jalaba meaning to cover something with something in order that it is not seen. Hijâb and jilbâb, thus, are used to cover and veil the whole body, except face and hand. In Muslim community this means a woman’s dress covering the whole body. Some commentators (mufassir) described jilbâb as a woman’s dress covering whole face and body except the left eye (Ibn Abbas and Abidah al-Samani). Qatadah and Ibn Abbas argued that lowering the veil (yudnîna ‘alaihinna min jalâbibîhinna) means covering woman’s forehead with clothes and part of her face, except her eyes. Zamakhsyari, in al-Kasshâf, describes jilbâb as a woman’s dress that is bigger than headscarf, but smaller than scarf (al-Zamakhsyari, III: 274). Ibnu Katsir holds that jilbâb means outer garment on veil covering head [la-rida fawq al-khimâr] (Ibn Katsir, III: 497). Yusuf Ali gives the meaning of jilbâb as an outer garment; a long gown covering the whole body, or a cloak covering the neck and bossom (Yusuf Ali: 1126).

In theological perspective, hijâb and jilbâb are supported and justified by Al-Quran [Al-Nur: 31, al-Ahzab; 53, 59]. However, Islamic scholars ('ulamâ) differ in understanding whether this compulsory veiling is absolute or situational.

Most Muslim jurists (fuqahâ') from four schools of Islamic jurisprudence argue that wearing the Islamic veil is compulsory from time to time. This opinion can be found in the classical books of Islamic jurisprudence. The reason for this is the Quranic verses; al-Nur: 31; al-Ahzab: 53, 59.

And say to believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms…(al-Nûr: 31)

…And when you ask (his ladies) for anything you want, ask them before a screen (min warâ’ hijâb): that makes for greater purity for your hearts and for theirs. (al-Ahzâb: 53)

Prophet! Tell thy wives and daughters and the believing women, 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. And God is Oft-Forgiving and Most Merciful. (al-Ahzâb: 59)

However, according to Ashgar Ali Engineer (1996: 89-90), Muslim jurists did not take the social context in which the verse of hijâb was revealed, into account. The context is that few people harassed and teased Muslim women, and they did not know that their identity whether slaves or noble women. Therefore, to anticipate, Al-Quran gives a moral guideline, when they go out, it is necessary that they wear jilbâb (a long gown covering the whole body) and cast their garments in order that they are not sexually harassed and molested. Therefore, according to Engineer, this ayat is situational and is not intended to be as a law in general. In the modern context, Engineer argues, Muslim women are not supposed to wear the Islamic hijâb, in addition to the opinions of the compulsory hijâb are personal, and are not divine injunctions.

Amongst Indonesian Muslim intellectuals who hold the same opinion as Engineer are Nasaruddin Umar dan Hussein Muhammad. Hussein Muhammad, for instance, argues that hijâb is a symbol of identity that distinguishes Muslim women at that time from slaves. If there is no slave in the current situation, the practice of Islamic veiling is not compulsory anymore. Nevertheless, it does not mean that a Muslim woman is forbidden from wearing the Islamic hijâb or jilbâb (Muhammad, 2001: 39-40).

From the above discussion, it appears that the difference of determining the law of veiling is caused by the difference of understanding the texts. Traditional jurists (fuqahâ', experts of fiqh) refer to the literal meaning of the text that indicates that wearing jilbâb as one way to cover women’s aurat in order that they are not sexually harassed is compulsory in any time. Meanwhile, liberal Muslim scholars employ the sociological and historical analysis of the text. The text is contextual; therefore, it is necessary to take the social context in which the verse is revealed into account. This is in line with the legal maxim (qâ’idah fiqhiyyah): al-hukm yadûr ma’a al-illat wujûdan wa ‘adaman (law changes according to the availability of the illat [reason, cause], if there is an illat, there is a law; otherwise, if there is not an illat, there is no law).

Hijâb: Symbol of Culture

Apart from the controversy occurring between the Muslim scholars, from anthropological perspective, hijâb and the practice of covering body have existed in different cultures before Islam, such as Sumerian, Persia, Hellenist, Egypt, and Bizantium (El-Guindi, 1999: 13-12). In Muslim world, El-Guindi argues, hijâb is a unique, complex phenomenon, which has different sociological and cultural meanings, such as symbol of identity, resistance, politics, purity, modesty and privacy.

In Iran, for instance, this phenomenon comes to surface in the time of revolution led by Ayatullah Khomeini. Shah, while ruling Iran, established regulations that prohibited Iranian women from wearing the Islamic veil in public spheres, be in office, school and the workplaces. Whoever disobeys this regulation will be punished or fined. Shah’s policy enraged Iranian Muslims and Muslim scholars (Mullah). Thus, men and women joined hands to throw Shah’s regime, which was highly dependent on America. Women from different social status and educational backgrounds wore the Islamic hijâb as a symbol of solidarity to the revolution and of political resistance against Shah. Eventually, Shah could be thrown. At the period of post-revolution, Khomeini made veiling (hijâb) for women compulsory as a symbol of Islamic identity, dignity and purity. For women who unveil while being in the public sphere will be punished with 70 slashes. At the period of Shah, hijâb was prohibited, at the regime of mullah, wearing hijâb is compulsory.

In Turkey, as Gole (2000: 468) points out, “veiling is a discursive symbol that is instrumental in conveying political meanings.” The fact that hijâb has political force can be looked at the Islamic movement of veiling that criticised the process of westernisation in this country. The practice of Islamic hijâb is a symbol of war between the Islamists and the westernised Muslims. Female body revitalises contemporary Islamic movement that distinguishes the Islamists from the secular Muslims.

In the context of Algeria, hijâb is a symbol of resistance against colonialism of France. Fanon, as quoted by El-Guindi (1999: 169), writes, “The veil helped the Algerian women to meet the new problem created by the struggle.” The arrival of France colonialists is accompanied with the efforts to destroy Algeria’s culture and its system of law, hamper them from education and employment, and force their Muslim women to unveil. This, however, gave an impetus to Muslim consciousness to revolt against French colonialism and strengthened their attachment with hijâb as national and cultural identity. At the current situation, hijâb is a symbol of resistance against colonial heritages, Israel’s acquisition and occupation of Palestine and local regimes (El-Guindi, 1999: 173).

In Malaysia, the practice of hijâb is not a barrier for women’s creativity and participation in social, economical and political affairs. We know such prominent female figure as Wan Azizah Wan Ismail, wife of Anwar Ibrahim. She is a politician in addition to a medical doctor. Her wearing the Islamic veil does not hamper her participation in social world. The practice of hijâb or jilbâb in Malaysia is seen as a symbol of identity. This phenomenon mostly appeared when there was the Islamic resurgence in 1970s-1980s. More and more Muslim women wore jilbâb as a symbol of Islamic identity as a response to modernization and industrialisation that threatened their identity. Thus, they found that Islam offers the best solution.

In short, hijâb in the Islamic communities has differently unique sociological and cultural connotations. Although there is a similarity in theological basis for justifying the practice of hijâb, its implementation is very much influenced by social, economical and political conditions in those areas.

Concluding Remarks

From this essay, it can be concluded that (i) Islam is liberal in nature, the arrival of Islam is inseparable from the theological, social, economical and political problems that happened in Arab society which patriarchy was deep rooted. (ii) There is controversy concerning the compulsory hijâb in the current situation that is based on the difference in understanding the problem and analysing the text. (iii) The claim of Western people that hijâb is the symbol of backwardness and oppression against women is not true since in Muslim countries, the practice of hijâb and jilbâb has political meanings, at which points it can drive women to do any revolt to the prevailing political power.

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