Asghar Ali Engineer is a rights activist and heads the two organisations, Institute of Islamic Studies and Centre for Study of Society and Secularism. He has authored or edited 44 books on such  issues  as  Islam and communal and ethnic problems in India and South Asia in general.  For links to his other articles, please go to the top page of this site.

 
Can veil be enforced by throwing acid as announced by the Lashkar-e-Jabbar, a militant organisation in Kashmir? First of all one has to understand the nature of Qur’anic injuction on veil before we discuss what the Lashkar-e-Jabbar is doing. It is important to note that there is no concept of hijab (veil) in Qur’an for all believing women in the sense of covering one's face. What the Qur’an states should be seen in the light of the practices of women in the jahiliyyah i.e. pre-Islamic period.

 In pre-Islamic period since the Arabs belonged to different tribes, the tribal women did not cover their breasts and also many of them would publicly display their sexual charms zeenah; wear anklets and would, in the market place beat their feet to attract attention of men. Since Islam was basically a civilising mission and gave greater dignity to women lifting their status from being mere chattles and sexual objects to dignified humans enjoying equal rights with men, it prescribed certain norms of behaviour and style of dressing. The Qur’anic prescriptions should be seen in that light in order to appreciate its main thrust.

 The twenty fourth chapter of the Qur’an deals with some of these issues. Before Islam, it must be noted, the sexual morality was quite lax. Man and women indulged in free sex in many cases. It was not considered social evil to indulge even in adultery. Thus when women embraced Islam the Prophet would take an oath from these women not to indulge in adultery. Thus to remove this laxity in sexual behaviour the Qur’an prescribed punishment for adultery in verse 24:2. There was no such punishment for adultery in the pre-Islamic Arabian society.

 Also, to deal with the problem of displaying one's sexual charms (zeenah) publicly the Qur’an said that “And say to the believing women that they lower their gaze and restrain their sexual passions and do not display their adornment except what appears thereof.” (24:31) Thus what the Qur’an is prohibiting is to display ones adornment publicly. And here too the Qur’an makes an important exception i.e. “except what appears thereof”. Thus women are not asked to hide everything publicly. What should appear publicly, should appear.

 Most of the ‘Ulama and Islamic jurists maintain that the phrase “except what appears thereof” means a woman can keep her face and hands open and that she can apply collyrium to her eyes and can wear ring in her fingers and bangle in her hands and display the same. Tabari, an important commentator of the Qur’an maintains this in his commentator on this verse.  

 Other ‘Ulama also concur with him on this issue and let us remember any interpretation of the Qur’an is mediated by sociological and cultural factors. Had those commentators lived in our times when social and cultural changes have taken place would have interpreted this verse even more liberally in favour of women. Thus even the medieval commentators have permitted women to keep their faces and hands open. Today women should have even greater measure of freedom. But even going by the medieval interpretation and conforming norms laid down by medieval jurists Muslim women should be allowed to move about publicly without veiling their faces.

 In Iran women do wear hijab but in keeping with the above verse of the Qur’an, are not compelled to hide their faces and hands. They wear an overall and cover their heads. The women in Iran enjoy considerable degree of freedom. They are far from confined at home. They are quite active publicly, are members of parliament and one of them is also vice president of the Iranian Islamic Republic.

 The Qur’an, in another verse, also prescribes that women cover their breasts with the sheet of cloth which he wear (24:31) Thus it will be seen that when the Qur’an is asking women to cover their bosoms with their head-coverings how can it ask women to cover their faces? Covering bosoms is much more dignified for a woman and hence this is being prescribed by the Qur’an. Maulana Muhammad Ali of Lahore comments on this verse as follows: “Before Islam women used to appear in public with their breasts partly uncovered…and women were thus required to cover their breasts with a part of their head-covering as worn in the East conceals the arms, the neck and the bosom, as also the ornaments worn in the ears or on the neck or over the bosom…”

 It should also be noted that the Qur’an permits to display her adornments before her husband, her parents, her other relatives with whom she cannot marry. However, more important to note is that this prescription by the Qur'’n does not follow by any punishment for not following the Qur’anic prescription. Some even maintain that the nature of verses in this regard is recommendatory rather than mandatory.

 How can then anyone enforce veil forcibly on women? The very nature of threat is un-Islamic and un-Qur’anic. If at all it is to be enforced (though in the history of Islamic administration in many Muslim countries) it cannot be enforced by any organisation on the road; it can be enforced by the Islamic state. India is a secular state and in this country even state cannot interfere with ones personal freedom. In the Shari`ah legislation no punishment has been prescribed for not observing the code of dress prescribed or recommended by the Qur’an.

 It is strange that such organisations do not speak out against men in any respect even if they violate the Qur’anic prescriptions about sexual morality. It is not that the Qur’an does not prescribe any code of conduct for men; it does. It requires both men and women to lower their gaze and restrain their sexual passions. Thus the Qur’an says in verse 24:30, “Say to the believing men that they lower their gaze and restrain their sexual passions. That is purer for them.”

 Thus men are first exhorted to observe sexual morality before women are exhorted. Yet every time these male-dominated and patriarchal organisations enforce sexual morality for women and keep silent about men. They never launch a campaign even if men continue to tease women on road and other public places or even molest or rape them. So much for their “Islamic morality”.

 In fact such threats have been possible because of culture of violence having been perpetrated by the militants in Kashmir. Once violence is resorted to for solving problems it has terrible consequences. It results in killing of innocent people rather than solution of the problem. The concept of jihad also has been not only grossly misunderstood it has been grossly exploited by all sorts of unscrupulous elements. Women in Kashmir have greatly suffered in horrible ways due to violence being perpetrated by the Jihadi groups. It is the Kashmiri women who have payed the greatest price.

 It is common knowledge that Kashmiri women have been raped by armed forces in retaliation to what the jihadis do. Several instances have been reported in the media. When the houses of Kashmiri people are searched for hiding militants the women are molested or even raped. The militants too hardly display exemplary sexual morality. They too do not hesitate in abducting women and either forcibly marry them or even rape them. Also, it is Kashmiri mothers who have lost their sons, or wives their husbands. Thus so called jihad by the militants, has done greatest disservice to women of Kashmir.

 One should thus strongly condemn lashkar-e-Jabbar for forcibly enforcing veil on Muslim women of Kashmir. Even Islam, let alone the secular government of India, does not give them any such right to enforce veil. Such threats have been condemned rightly by different sections of society in Kashmir. Even Hurriyat leaders have condemned it except of course Mr. Gilani who is known for his extremist views.

 In a secular country like India even the Government cannot prescribe any dress code. All citizens including women are free to follow their own choice in matters of dress. The threats in Kashmir has also emboldened some little known organisations in Mumbai and Hyderabad also to hold similar threats for Muslim women to observe veil. And not to be left behind the Hindutvawadis have also issued threats for the Hindu women not to wear jeans and mini-skirts. Where will be democracy if such threats are held out and women are forced to wear this or that dress.

 One is free to observe veil or not to wear jeans but the freedom of choice should be exercised by women without any external coercion. The Government should also see that no one, however militant, is allowed to take law in their own hands. Otherwise they will lose their legitimacy to govern and people will find it difficult to lead lives of their choice. There cannot be democracy without freedom and dignity.

 The common citizens should also see to it that women are not openly coerced in this way. They will also have to resist attempts by such elements if they want to protect their own freedom. One shudders to think where this rot will stop if we surrender to such forces? All sorts of fanatics and religious fundamentalists will take law in their own hands and enforce anti-diluvian laws, which have nothing to do even with religion It is well-known fact of history that there was no system of veiling the face during the early period of Islam. It came from Romans and Persians i.e. Sassanids during the Umayyad period. Many Islamic scholars have pointed this out. It is for the Muslim women also to know the Qur’anic provisions first hand rather than pitifully depending on the orthodox viewpoint in this regard.