With Islam's expansion into areas formerly part of the Byzantine and Sasanian empires, the scripture-legislated social paradigm that had evolved in the early Medinan community came face to face with alien social structures and traditions deeply rooted in the conquered populations. Among the many cultural traditions assimilated and continued by Islam were the veiling and seclusion of women, at least among the urban upper and upper-middle classes. With these traditions' assumption into "the Islamic way of life," they of need helped to shape the normative interpretations of Qur'anic gender laws as formulated by the medireview (urbanized and acculturated) lawyer-theologians. In the latter's consensus-based prescriptive systems, the Prophet's wives were recognized as models for emulation (sources of Sunna). Thus, while the scholars provided information on the Prophet's wives in terms of, as well as for, an ideal of Muslim female morality, the Qur'anic directives addressed to the Prophet's consorts were naturally seen as applicable to all Muslim women.[19]
Semantically and legally, that is, regarding both the terms and also the parameters of its application, Islamic interpretation extended the concept of hijab. In scripturalist method, this was achieved in several ways. Firstly, the hijab was associated with two of the Qur'an's "clothing laws" imposed upon all Muslim females: the "mantle" verse of 33:59 and the "modesty" verse of 24:31. On the one hand, the semantic association of domestic segregation (hijab) with garments to be worn in public (jilbab, khimar) resulted in the use of the term hijab for concealing garments that women wore outside of their houses. This language use is fully documented in the medireview Hadith. However, unlike female garments such as jilbab, lihaf, milhafa, izar, dir' (traditional garments for the body), khimar, niqab, burqu', qina', miqna'a (traditional garments for the head and neck) and also a large number of other articles of clothing, the medireview meaning of hijab remained conceptual and generic. In their debates on which parts of the woman's body, if any, are not "awra" (literally, "genital," "pudendum") and many therefore be legally exposed to nonrelatives, the medireview scholars often contrastively paired woman's' awra with this generic hijab. This permitted the debate to remain conceptual rather than get bogged down in the specifics of articles of clothing whose meaning, in any case, was prone to changes both geographic/regional and also chronological. At present we know very little about the precise stages of the process by which the hijab in its multiple meanings was made obligatory for Muslim women at large, except to say that these occurred during the first centuries after the expansion of Islam beyond the borders of Arabia, and then mainly in the Islamicized societies still ruled by preexisting (Sasanian and Byzantine) social traditions.
With the rise of the Iraq-based Abbasid state in the mid-eighth century of the Western calendar, the lawyer-theologians of Islam grew into a religious establishment entrusted with the formulation of Islamic law and morality, and it was they who interpreted the Qur'anic rules on women's dress and space in increasingly absolute and categorical fashion, reflecting the real practices and cultural assumptions of their place and age. Classical legal compendia, medireview Hadith collections and Qur'anic exegesis are here mainly formulations of the system "as established" and not of its developmental stages, even though differences of opinion on the legal limits of the hijab garments survived, including among the doctrinal teachings of the four orthodox schools of law (madhahib). [20]
Attacked by foreigners and indigenous secularists alike and defended by the many voices of conservatism, hijab has come to signify the sum total of traditional institutions governing women's role in Islamic society. Thus, in the ideological struggles surrounding the definition of Islam's nature and role in the modern world, the hijab has acquired the status of "cultural symbol."
Qasim Amin, the French-educated, pro-Western Egyptian journalist, lawyer, and politician in the last century wanted to bring Egyptian society from a state of "backwardness" into a state of "civilization" and modernity. To do so, he lashed out against the hijab, in its expanded sense, as the true reason for the ignorance, superstition, obesity, anemia, and premature aging of the Muslim woman of his time. He wanted the Muslim women to raise from the "backward" hijab into the desirable modernist ideal of women's right to an elementary education, supplemented by their ongoing contact with life outside of the home to provide experience of the "real world" and combat superstition. He understood the hijab as an amalgam of institutionalized restrictions on women that consisted of sexual segregation, domestic seclusion, and the face veil. He insisted as much on the woman's right to mobility outside the home as he did on the adaptation of shar'i Islamic garb, which would leave a woman's face and hands uncovered. Women's domestic seclusion and the face veil, then, were primary points in Amin's attack on what was wrong with the Egyptian social system of his time. [21] Muhammad Abdu tried to restore the dignity to Muslim woman by way of educational and some legal reforms, the modernist blueprint of women's Islamic rights eventually also included the right to work, vote, and stand for election-that is, full participation in public life. He separated the forever-valid-as-stipulated laws of 'ibadat (religious observances) from the more time-specific mu'amalat (social transactions) in Qur'an and shari'a, which latter included the Hadith as one of its sources. Because modern Islamic societies differ from the seventh-century umma, time-specific laws are thus no longer literally applicable but need a fresh legal interpretation (ijtihad). What matters is to safeguard "the public good" (al-maslah al'-amma) in terms of Muslim communal morality and spirituality. [22]
In The Veil and the Male Elite: A Feminist Interpretation of Women's Rights in Islam, the Moroccan sociologist Fatima Mernissi attacks the age-old conservative focus on women's segregation as mere institutionalization of authoritarianism, achieved by way of manipulation of sacred texts, "a structural characteristic of the practice of power in Muslim societies." In describing the feminist model of the Prophet's wives' rights and roles both domestic and also communal, Mernissi uses the methodology of "literal" interpretation of Qur'an and Hadith. In the selection and interpretations of traditions, she discredits some of textual items as unauthentic by the criteria of classical Hadith criticism. In Mernissi's reading of Qur'an and Hadith, Muhammad's wives were dynamic, influential, and enterprising members of the community, and fully involved in Muslim public affairs. He listened to their advice. In the city, they were leaders of women's protest movements, first for equal status as believers and thereafter regarding economic and sociopolitical rights, mainly in the areas of inheritance, participation in warfare and booty, and personal (marital) relations. Muhammad's vision of Islamic society was egalitarian, and he lived this ideal in his own household. Later the Prophet had to sacrifice his egalitarian vision for the sake of communal cohesiveness and the survival of the Islamic cause. To Mernissi, the seclusion of Muhammad's wives from public life (the hijab, Qur'an 33.53) is a symbol of Islam's retreat from the early principle of gender equality, as is the "mantel" (jilbab) verse of 33:59 which relinquished the principle of social responsibility, the individual sovereign will that internalizes control rather than place it within external barriers. Concerning A'isha's involvement in political affairs (the Battle of the Camel), Mernissi engages in classical Hadith criticism to prove the inauthenticity of the (presumably Prophetic) traditions "a people who entrust their command [or, affair, amr] to a woman will not thrive" because of historical problems relating to the date of its first transmission and also self-serving motives and a number of moral deficiencies recorded about its first transmitter, the Prophet's freedman Abu Bakra. Modernists in general disregard hadith items rather than question their authenticity by scrutinizing the transmitters' reliability. [23] After describing the active participation of Muslim women in the battlefields as warriors and nurses to the wounded, Maulana Maudoodi [24] says " This shows that the Islamic purdah is not a custom of ignorance which cannot be relaxed under any circumstances, on the other hand, it is a custom which can be relaxed as and when required in a moment of urgency. Not only is a woman allowed to uncover a part of her satr (coveredness) under necessity, there is no harm."
In the matter of hijab, the conscience of an honest, sincere Believer alone can be the true judge, as has been said by the Noble Prophet: "Ask for the verdict of your conscience and discard what pricks it."
Islam cannot be properly followed without knowledge. It is a rational law and to follow it rightly one needs to exercise reason and understanding at every step.[25]
by Dr. Ibrahim B. Syed, Ph.D
• Copyright © 2001 irfiweb.org All Rights Reserved.
References
1. Cyril Glasse. The Concise Encyclopedia of Islam. Harper and Row Publishers, New York, N.Y., 1989, p. 156
2. Ibid, p. 413
3. Ibid, p. 421
4. Translation by Abdullah Yusuf Ali. The Holy Quran (Amana Corp., Brentwood, Maryland), 1989. Pp 873-874
5. Riffat Hassan. Women's Rights and Islam: From the I.C.P.D. to Beijing. Louisville, Kentucky, 1995. pp. 65-76
6. Translated and explained by Muhammad Asad. The Message of the Qur'an. Dar al-Andalus, Gibraltar. 1984. p.538
7. Bouthaina Shaaban.The Muted Voices of Women Interpreters. In
FAITH AND FREEDOM: Women's Human Rights in the Muslim World, Mahnaz Afkhami (Editor). I. B. Tauris Publishers, New York, 1995. p.68.
8. Nazira Zin al-Din, al-Sufur Wa'l-hijab (Beirut: Quzma Publications, 1928), p 37
9. Bouthaina Shaaban, op.cit. P.69
10. Nazira Zin al-Din, op.cit.pp. 191-2
11. Ibid, p.226
12. Bouthaina Shaaban, op. cit. p.72
13. Shaykh Mustafa al-Ghalayini, Islam ruh al-madaniyya (Islam:
The Spirit of Civilization)(Beirut: al-Maktabah al-Asriyya,
1960) P.253
14. Ibid, pp.255-56
15. Shaykh Muhammad al-Ghazali.: Sunna Between Fiqh and Hadith
(Cairo: Dar al-Shuruq, 1989, 7th edition, 1990)
16. Ibid, p.44
17. Abd al-Halim Abu Shiqa.: Tahrir al-mara' fi 'asr al-risalah
(Kuwait: Dar al-Qalam, 1990)
18. Jane I. Smith.:The Experience of Muslim Women:Considerations
of Power and Authority. In The Islamic Impact. Haddad, Y.Y. (Editor), Syracuse University Press. 1984. Pp. 89-112
19. Barbara Freyer Stowasser.: Women in the Qur'an, Traditions, and Interpretation.Oxford University Press. 1994. P. 92
20. Ibid, p.93
21. Ibid, p.127
22. Ibid, p.132
23. Ibid, p.133
24. Syed Abu Ala Maudoodi. Purdah and the Status of Woman in Islam. Islamic Publications. Lahore, Pakistan. 1972. P.215
25. Ibid, p.203
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