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The Karnataka Veil Row Gone Global: Niqab is But is Hijab Halal? What Should The Indian Courts Consider?
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f. The prophet’s wife Ayesha has described the difference between the freer Jahiliyya women and the restricted Muslimas - their hardship. Yes, wearing a face-covering niqab is a much bigger struggle than wearing a face showing hijab which the 'People of the book' ladies used to wear - as said above. From the above, it can be said that the hijab, is not quite sharia-compliant and therefore, can't be said to be an Islamic garment. But, the hijab is very much religious clothing in Christianity and Judaism. It is a different story that under Modern Civilization they don’t wear it today. Niqab on the other hand covers the most tempting anatomy of the body – the face. It is therefore halal. . So Why Not Allow The Niqab in The Colleges? The reasoning is very clear. When the Indian constitution specifically says that a citizen can practise his/her religion freely why not allow girls to wear the niqab - when it is not cultural but a religious practice like the turban? The answer has many layers to it: What the Indian constitution says: a. Rights of Institutions: Almost sounding contradictory, the constitution has also given the right to institutions to make their laws as per their need. This is exactly what happens in the case of law enforcement agencies (police) and the army. The individual right of choice is only one amongst the ones that are allowed. For example, the right to wear does not mean a trip to school with a bikini on; and the right not to wear anything in the city centre can easily make one know what living in jail feels like. b. The Age Restriction: Even if the constitution says so, not all people and all age groups can claim that right. For example, the voting right or marriage right is not for underage citizens. c. Effect on Society: Yes, the right to wear a turban by the Sikhs in the colleges, the police and the army is cited by the Muslims and some secular individuals. They ask, ‘If the Sikhs can wear the religiously prescribed turban, why not let Muslimas wear the prescribed niqab - if they chose to do so? This is a valid argument. Yes, even if some Sikhs don’t wear the turban and many Muslimas don’t wear the niqab if the Sikhs are given the right to wear the turban in the institutions, why not the niqab? The answer to these questions answers that question: 1. Is it Harmful to The Individual And Society? The turban is not harmful to either of them: The niqab, on the other hand, makes identification, eating and communication quite difficult for the person. In fact, even if it makes it easier to go to heaven for her, it dehumanizes a person in the mundane plane - especially in the eyes of the non-Muslims of today. Also, while misuse of the niqab helps even men do illegal activities, the turban allows none of that. 2. Is it a Choice or a Compulsion? The reality is, no state can allow any kind of oppression in a democracy. Once culturally tuned the Sikhs automatically use the turban with no force. It is worn by them as a mark of pride and seen by others as a mark of honour - a protector of society. Yes, with the rape and harassment statistics climbing so high, the world is seen as a dangerous place that badly affects kids – in addition. So, as originally planned, any form of veil certainly gives out the message ‘I am a Muslima and I am not available' - even when not approached. It thus lessens even the liaison let alone the consent from one of the parties. This message of remaining sexually pure is a great help to the society when Sexual Revolution is destroying family structures through affairs and in the consequent assertion of individual rights, modern kids have been suffering greatly. Unlike a skimpy dress-wearing woman next door, who lures men (and which even forms a major industry globally), a niqab clad woman isn’t seen by a wife as a threat to her family! But, wearing the niqab isn’t easy. To do so yes, she has to suppress her desire to eat property, dress attractively (which she does at home) and do other things. This significant dedication of her in lessening temptation should be respected. But then, in doing so, she does not help reveal her human identity, have her pictures taken and even help a normal communication! Also, purity may be true outside, but even Mullahs agree that it does not hold inside families – as seen in Pakistan. As an addition to the help, of course, Islam's no to the social and physical tragedy bringing 'class A drug' alcohol helps but the law remains in the book alone. True, the need to be a virgin helps to keep the society pure so much but it is the non- virgin liaisons after the 1st marriage that creeps up. Thus, undeniably, the globe topping of sexual key words search and porn use by Pakistanis airs the reflection of that. Thus, the purity of niqab wear, even in a pure country named Pakistan, run in the environment of peaceful and progressive dar al Islam as opposed to the trouble-filled dar al Harb has not brought purity to its society. In addition, the veiling itself may not be freely done. And when it is done through compulsion, it is so important that it forms a major reason why Muslimas leave Islam. Furthermore, in the family, they can even be killed for not wearing it - to maintain family honour. Yes, tragedies do happen at home. But the learning institutions can’t allow oppression. Also, the state has to look into the rights of the niqab disliking girls – who are forced to wear it. Thus, even if the choice of the veil is granted ascertaining who is wearing it through compulsion isn’t easy and the state can’t be a party to exploitation. BACK NEXT
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