Is it Correct to designate the Headscarf alone by itself as Hijaab of the Muslim Shari'ah?

Is it Correct
To designate the Headscarf alone by itself
As Hijaab of the Muslim Shari'ah?

 Read ONLY,  IF AND WHEN you have time and mood for: 

 “An Ayah for 30 Days” -- August  2012

From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran -- a book rooted in the daily life of the Prophet and his community and often a response to a given situation.

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 

Surah Al-Ahzab (33) Ayah 53:

Yusuf Ali

O ye who believe! Enter not the Prophet's houses,-until leave is given you,- for a meal, (and then) not (so early as) to wait for its preparation: but when ye are invited, enter; and when ye have taken your meal, disperse, without seeking familiar talk. Such (behaviour) annoys the Prophet: he is ashamed to dismiss you, but Allah is not ashamed (to tell you) the truth. And when ye ask (his ladies) for anything ye want, ask them from before a screen: that makes for greater purity for your hearts and for theirs. Nor is it right for you that ye should annoy Allah's Messenger, or that ye should marry his widows after him at any time. Truly such a thing is in Allah's sight an enormity.

The mosque was the home and the home was the mosque. All the religious, civic and military affairs were conducted in this mosque/home complex. People -- rustic bedouins and the sophisticated -- were constantly coming in and out of this compound at all hours of the day. When delegations from other tribes came for their problems, they would set up their tents for days at a time inside the open courtyard just a few feet away from the apartments -- pigeonholes by present standards -- used by the inmates so much so that the sound of gargling inside would be heard in some parts of courtyard outside. New emigrants who arrived in Medinah would often stay within the mosque's walls until they could find suitable homes. This was the “White House” for the Last Prophet of God, the undisputed leader of the people, their Lawgiver and Legislator, their Judge and Councillor and their Commander-in-Chief. Be sure to fly back in time to early seventh century CE and visit this unique spot on the surface of the earth if you want to understand and comprehend what follows.

Comparatively a long ayah, it is conveying different messages (which have been color coded). It is of utmost importance to focus that the ayah is mainly and perhaps exclusively concerned with instructions for “ O you who believe” regarding the etiquette and manners for a visit to the family household of the Holy Prophet. 

To start with the bedouins are taught the elementary manners of entering, staying and leaving “ the Prophet’s houses.” Next the folks are reminded that the Rasool is too sophisticated to complain about it but he does gets annoyed because he is a human being with his feet on the ground as any body of us. 

Next follows the part of the ayah which has been labelled by the founders of religious knowledge as the First and probably the Central ayah for the institution of HIJAAB -- "the verse of the veil." The books of Fiqh always devote a chapter to the “descent of the hijaab”.The asbab al nuzul, ( the cause of revelation) critical to assess the meaning of this ayah is almost certainly the waleema at the wedding of Zainab bint Jahsh.¹ The oft-repeated request by Umer ibn Khattab is another reason for nuzul cited by some authorities.²

The term hijaab used in this ayah is not referring to a veil or headscarf but is used in the context of a barrier or screen and is referring to the curtains that were hung at the doors of the apartments of the wives immediately after the nuzul of this ayah to guarantee the privacy of the wives. By instituting seclusion, Prophet Mohammed under instructions from Allah was creating a distance between his wives and the thronging community on their doorstep. Taken in historical context, this verse seems to have been primarily intended to give the Prophet's wives some protection against nuisance visitors and people who were looking for gossip about them. Gossip and slander were a great concern at the time the verses relating to hijab were revealed. The stipulations of the hijaab were meant only for Muhammad's wives, and were intended to maintain their inviolability. The term darabat al-hijab ("taking the veil"), was used synonymously and interchangeably with "becoming Prophet Muhammad's wife"; during Muhammad's life, no other Muslim woman wore the hijab. Later, muslim women started to wear the hijab to emulate Prophet Muhammad's wives, who are revered as "Mothers of the Believers" in Islam. The Qur'an, in this ayah instructs the male believers (Muslims) to talk to wives of Prophet Muhammad behind a hijaab -- the physical curtain on the doors of their apartments. This attitude of hiding and staying behind -- call it hijaab -- was the responsibility of the men and not the wives of Prophet Muhammad. 

However, in later Muslim societies this instruction, specific to the wives of Prophet Muhammad and specifically for their privacy, was generalized by the traditional exponents of Islamic Jurisprudence to all men and women at all times. Our ulemaa and fugahaa have extrapolated the “curtains” at the door of the First Ladies of Islam which descended immediately after this ayah to permanent “screens” between men and women thus creating a permanent division in the Muslim space and advocating segregation of genders as mandatory. Listen to Maulana Maudoodi, as an example.³ The only basis for this very intense and far reaching conclusion is the reference to “that makes for greater purity for your hearts and for theirs” at the end of this part of the ayah. Similarly Allah’s reference elsewhere in the Quran on this subject of hijaab namely:

“O Consorts of the Prophet! Ye are not like any of the (other) women: if ye do fear (Allah), be not too complacent of speech”⁴

“ And stay quietly in your houses and make not a dazzling display, like that of the former Times of Ignorance”⁵

“O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad)”⁶

  ^“that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms...... and that they should not strike their feet in order to draw attention to their hidden ornaments.”⁷

seem to be interpreted out of context, ignoring the letter and spirit of the Quranic verses. The ayahs that speak volumes about the basis of Islamic hayah and sharam for both the genders namely “ Say to the believing men that they should lower their gaze”⁸  are hardly quoted let alone discussed in the context of hijaab. Hence it seems that the traditional teachings and recommendations in the Fiqh (jurisprudence) of Sunni Islam and labelled as the Shariah on the topic of Hijaab are controversial and probably not based on the letter and spirit of the Divine Book. An intense and extensive research on this subject by the PPK Muslims with the help of modern  Ulema and Fuqaha -- who are prepared to think out of the box -- is long over due. It cannot be over emphasized that Tabligh and Da’awa are one of the basic duties of the Muslims for the cause and propagation of Islam. It is also apparent that hijaab and all that goes with it is the main reason for the negative image of Islam as “woman bashing” in the whole non-Muslim world -- three-fourth of humanity and the main target for Da’awa. 

 The ayah then goes on to implore the Muslims not to annoy the Prophet. Why? Is it possible that a believer would dare to annoy the Prophet of Allah? Surprisingly yes, he did dare, definitely and repeatedly. These are the facts of life quite contrary to the image of respect and elation that we would like to build around Allah’s Rasool. An example of this is the fact that there were men who declared on the face of our prophet that they would marry his wives after his death. This is the incident that called for the last part of this ayah. 

There are seven ayahs in the Quran and more than seventy ahadith⁹ regarding the why and what of Hijaab. According to Islamic scholarship, hijaab is given the wider meaning of modesty, privacy, and morality; the meaning of hijaab has evolved over time. However, hijaab, has been interpreted in many different ways by Islamic scholars and Muslim communities. The modesty in Qur'an concerns both men's and women's  gaze, gait, garments and genitalia, though the focus of our ulema is always the woman. This is a concept in Islam and not merely a dress code; it should not be reduced to a piece of cloth for women when out on streets. It includes not only dress and covering the body, but methods of behavior before members of the same and/or opposite sex, promoting privacy for females and prohibiting loose intermingling between males and females, and thereby encouraging modesty, decency, chastity and above all, respect and worship of Allah.  Also the dress code does not refer to a style or fashion of the outfit -- this is left to the individual according to the time and place -- but to satisfy a certain need of Hayah and Sharam, translated as modesty and morality. The primary and probably the only goal of Hijaab is to avoid sexual attraction which can lead to sensuality and fornication commonly referred to as Fitnah. Our scholars have disallowed all practices that may or can possibly lead to fitnah even if in a given case it may not lead to one (i.e. fitnah). 

Veiling has been rapt in controversy throughout history. Today, the goal of Shari’a behind the institution of hijaab is completely lost. Instead, the veil -- albeit a truncated version -- stands as both a symbol of Islamic identity and resistance to Western ways, while in much of Western thinking, the veil has become the symbol of the Middle Eastern woman and oppression. Lastly the hijaab, it may be noted is not a uniquely Islamic convention; it predates Islam by centuries.¹⁰ Interestingly the veiling advised in the Bible is attributed to women’s inherent inferiority.

TO BE CONTINUED

HIJAAB -- The Shari’a version v/s Modern version

.....and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

FOOTNOTES: 

[1]  Al_Tabari, reports Anas Ibn Malik as saying:

The Prophet had wed Zaynab Bint Jahsh. I was charged with inviting people to the wedding supper. I carried out this charge. Many people came. They arrived in group, one after the other. They ate and then they departed. I said to the Prophet:

"Messenger of God, I invited so many people that I can't find anyone else to invite."

At a certain moment, the Prophet said: "End the meal." Zaynab was seated in a corner of the room. She was a woman of great beauty. All the guests departed except for three who seemed oblivious of their surroundings. They were still there in the room, chatting away. Annoyed, the Prophet left the room. He went to Aisha’s apartment. Upon seeing her, he greeted her, saying:

"Peace be unto you, member of the household."
"And peace be unto you, Prophet of Allah," responded A'isha to him. "How do you like your new Companion?"
He thus made the round of the apartments of his wives, who greeted him in the same manner as A'isha. Finally, he retraced his steps and came again to Zaynab's room. He saw that the three guests had still not departed. They were still there continuing to chat. The Prophet was an extremely polite and reserved man. He quickly left again and returned to A'isha’s apartment. I don't remember any more whether it was I or someone else who went to tell him that the three individuals had finally decided to leave. In any case, he came back to the nuptial chamber. He put one foot in the room and kept the other outside. It was in this position that he let fall a sitr [curtain] between himself and me, and the verse of the hijaab descended at that moment. 

 It will help to summarise the most salient facts in this account by al-Tabari :

1 While drawing the curtain, Anas tells us, the Prophet pronounced what was to become in the Koran verse 53 of Sura 33, which for the experts is "the verse of the hijab." They are the words that Anas heard murmured by the Prophet when he drew the sitr (curtain) between them _ words that were the message inspired by God in His Prophet in response to a situation in which Muhammad apparently did not know what to do nor how to act. We should remember that the Koran is a book rooted in the daily life of the Prophet and his community; it is often a response to a given situation.

2 The second fact to take note of is that the Prophet was celebrating his marriage to Zaynab Bint Jahsh.

3 He invited to this event nearly the whole Muslim community of Medina.

4 All partook of the wedding supper and departed, with the exception of three impolite men who continued to chat without concern for the Prophet's impatience and his desire to be alone with his new wife.

5 The Prophet, irritated, went out into the Courtyard, walked up and down, returned to the room, and left again to wait for the visitors to leave.

6 Upon their departure, Allah revealed the verse on the hijab to the Prophet.

7 The Prophet drew a sitr between himself and Anas, while reciting verse 53 of Sura 33.

Fatima Mernissi: The Veil and the Male Elite:

[2]  And as regards the veiling of women, I said 'O Allah's Apostle!  I wish you ordered your wives to cover themselves from the men because good and bad ones talk to them. So the verse of the veiling of the women was revealed" (Bukhari, v1, bk 8, sunnah 395).....

[3] Now whosoever has been blessed with understanding by Allah can himself see that the Book which forbids the men and women to talk to each other face to face and commands them to speak from behind a curtain because “this is a better way for the purity of your as well as their hearts," could not possibly permit that the men and women should freely meet in mixed gatherings, educational and democratic institutions and offices, because it did not affect the purity of the hearts in any way. Tafheem ul Quran.

 Surah 33/54

"Whether ye reveal anything or conceal it, verily Allah has full knowledge of all things". Yusuf Ali

[4]Surah 33/32

"O Consorts of the Prophet! Ye are not like any of the (other) women: if ye do fear (Allah), be not too complacent of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech (that is) just". Yusuf Ali

[5] Surah 33/33

"And stay quietly in your houses, and make not a dazzling display, like that of the former Times of Ignorance; and establish regular Prayer, and give regular Charity; and obey Allah and His Messenger. And Allah only wishes to remove all abomination from you, ye members of the Family, and to make you pure and spotless".  Yusuf Ali

[6]Surah 33/59

"O 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 Allah is Oft-Forgiving, Most Merciful".  Yusuf Ali

[7]Surah 24/31

"And say to the 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 and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss". Yusuf Ali

[8]  Surah 24/30

"Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do".  Yusuf Ali

[9] Ma’aariful Quran, Maulana Mufti Mohammed Shafi

[10] The practice of veiling has a long history in the Judeo-Christian tradition. Catholic nuns engage in the practice, of course, and there are several references to the practice in both the Old and New Testaments (King James Version). Ironically, the representation of veiling in the Bible is much more problematic than those in the Qur'an or the Hadith, because the Judeo-Christian sources imply that women should be covered because of their inherent inferiority. Historically, the veiling of the face was practised by many cultures before Islam and scholars say the adoption of its practice by Muslims was part of fitting into the society. 

From the earliest records, veiling was a sign of status. An Assyrian legal text dating back to the thirteenth century B.C., forbade prostitutes from wearing the veil, restricting its use to "respectable" women.

Veiling took place in the Greco-Roman world and respectable Athenian women were known to be secluded. In pre-Islamic Iran and the Byzantine Empire veiling and seclusion also existed and appear to have been indicators for urban-upper-and middle-class women to show that their husbands could afford to “keep” them. Wealth aside, at the heart of the separation of the sexes is the notion of male honor. In Mediterranean societies, both Christian and Muslim, a man’s honor is directly connected with the purity of the women in his family. Therefore, female behavior is to be controlled in order to maintain male honor.

During Islam’s rise in the Middle Ages, the use of the veil and gender segregation was commonplace in the Christian Middle East and Mediterranean regions, but their influence on Islam was relatively minor in the lifetime of Muhammad. Muslims in their first century at first were relaxed about female dress. When the son of a prominent companion of the Prophet asked his wife Aisha bint Talha to veil her face, she answered, "Since the Almighty hath put on me the stamp of beauty, it is my wish that the public should view the beauty and thereby recognized His grace unto them. On no account, therefore, will I veil myself." As Islam reached other lands, regional practices, including the covering of the faces of women, were adopted by the early Muslims. Yet it was only in the second Islamic century that the face veil became common, first used among the powerful and rich as a status symbol.

 It was only well after Muhammad’s death that the veil became a commonplace item of clothing among Muslim upper-class women, who began to veil as a sign of status following the example of the Prophet’s wives. It is unknown how and exactly when these customs spread to the general Muslim population, but it would have been following the Muslim conquests of areas where veiling was prevalent, and when the Muslim State was attaining greater wealth.