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Issues Fadlullah communiqué regarding the law of banning the Hijab in schools in some Islamic countries that adopts the western law |
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The Hijab between Islamic Law and the Civil Law
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By the Religious Authority, H.E. Sayyed Mohammad Husein
Fadlullah
The issue of Hijab (the Islamic headscarf) is still being debated in
Europe where there is a row about a law that bans the Muslim women from
wearing the Hijab in schools, regarding it as a religious symbol that
does not conform with secularism.
This negative situation has also extended to reach some Islamic
countries that adopt the western law. In Turkey, a country that adopts
the secular system and the first overwhelmingly Muslim country that bans
Muslim school girls from wearing the Hijab in public schools,
universities, and official institutions, including the Turkish
parliament… this country has banned the veil because it is concerned of
the effect of this Islamic phenomenon on the secular system.
Recently, the issue was strongly raised in Tunisia and what brought up
the question was that justifying this banning on a national level was due
to considering the Hijab an imported phenomenon or a sectarian matter
that has no relation with Islam at all.
Consequently, we draw the following remarks:
First, this negative attitude against Hijab represents a kind of human
oppression against the Muslim woman who observes the Hijab and a
restraint of the public and private freedoms, since man has the right to
choose what he wants to wear, especially, if some of his personal
concerns represent a religious obligation that every Muslim who abides by
the Islamic law can not exceed its proper limits. Moreover, the Hijab in
Islam represents an obligatory legitimate ruling that the Muslim woman
should observe.
Secondly, we consider that raising the issue of Hijab as an expression
of a religious symbol alone and not on the symbols of other religions,
reveals that the West has an incurable complex against Islam represented
by the protest against the observance of the Muslim women residing in
Europe of their religious commitments, especially after the spread of the
sensitivities against Islam as a result of accusing Islam and Muslims of
terrorism. These sensitivities have made the veiled Muslim girls feel
embarrassed and afraid that wearing the Hijab, which indicates their
religious Islamic identity, would make them exposed to physical or
psychological aggression in some countries or societies.
Thirdly, talking about the Hijab as an imported phenomenon reveals the
western ignorance of the Shariaa (Islamic law) and history. Hence, the
Muslim women started to wear the Hijab since the Hijab Aya (Quranic
verse) was revealed when the Prophet (p.) was in Al-Medina. Therefore,
even though some women in non-Muslim countries wear the Hijab as a result
of their non-religious traditions, this does not mean that Muslims have
imported it since it is a manifestation of their religious observance.
Fourthly, the issue of Hijab is not one of the government's
responsibilities. It is a personal commitment that is related to man's
freedom of choosing what to wear, exactly like other freedoms. It is
ludicrous that some officials in some governments talk about wearing
modest clothes, while, they do not ban the women from wearing clothes
that are not modest in many social and tourist places. Therefore, they do
not aim at maintaining morals, but they are rather importing western
concepts and imitating western style. This is because those officials
want to prove to the West that they are free from the influence of the
Islamic traditions in order to gain western support.
Fifthly, if the legal reason of banning the Hijab in schools is due to
the bad impression that the veiled girls leave on the students is found
on psychological basis, veiled girls may also say that taking off the
Hijab may leave a negative psychological impression on them. Moreover,
this issue is not limited to schools but rather it extends to all the
mixed places in the society where people practice their public freedoms
that may make them accustomed to this diversity that might be
demonstrated in the nation’s different costumes.
Sixthly, the law of banning the veiled girls from entering schools and
universities contradicts with the principles of freedom and democracy. It
prevents many veiled girls from continuing their studies, in case their
circumstances do not permit them to enter to Islamic private schools. In
other words, this ban represents an educational oppression that has no
relation with human values.
Seventhly, the religious diversity inside the different societies is
an expression of a civilized society of different underpinnings and
practices that affirms the coexistence between different cultures. This
diversity suggests a cultural interaction that is open to the dialogue
between different religions. It would also motivate people to know the
religions of each other.
It is noticeable that the issue of banning the Hijab was not strongly
raised in the United States of America that focuses on respecting private
freedoms and the humanity of those who observe the laws of their
religions. This is because a historical complex against Islam is not
found in America, but, it may be embodied in the European culture. Hence,
Islamic countries officials imitate the Europeans because they want the
west to certify that they adopt the western civilization, while, on the
other hand, they are oppressing their people through suppressing their
political movements and civil rights.
Eighthly, we believe that confirming the freedom of the Islamic veil –
through covering the body and unveiling the face and hands – does not
prevent the woman from moving in the society. Furthermore, the Muslim
woman that abides by the Islamic laws presents herself in the society
only as a human being and not as a female that arouses the instincts.
Nevertheless, this does not prevent her from practicing her femininity in
her conjugal home or even in the female society without arousing the
instincts.
Ninthly, it is remarkable that the champions of oppressing the woman
who observes the Islamic laws claim that giving the woman her freedom to
enter the official schools, universities and institutions contradicts
with the secular system. This claim is not precise since the secular
system is not based on the way the students observe their religious
obligations, especially that secularism does not oppress the religious
freedoms, although, it does not consider it a basis for the law of the
state. Moreover, observing the public freedoms is more important than
observing some educational aspects.
Tenthly, the law of banning Muslim schoolgirls from wearing the Hijab
in schools represents a racial oppression that has no relation with
democracy and makes people act politically against the secular system.
We advise the Islamic countries to abandon this non-humanistic
arbitrary law, rise the people’s cultural and educational level and open
upon the human Islamic values that are based on the moral path which
elevates man to the spiritual level, so that people may communicate on
the basis of knowing and opening upon one another.
We also want the European countries where these negative calls against
Hijab are raised, to stay away from this non-humanistic approach that is
against Muslim girls, on the basis of believing in the public freedoms
that the West deemed adequate to its system, knowing that Muslims
nowadays represent big committees in the European societies… In this way,
we will prevent others who try to exploit such a special complexity in
order to find some negative states that do not benefit the society in any
of its affairs.
We call for a cultural dialogue in which the people of the different
religions and cultures may understand the cultural points of view of the
basis of the different kinds of observances…. Such a dialogue may lead to
a spiritual, cultural and social peace for the entire society.
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