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Hassan Farshchian

In the beginning, there was nudity and lack of covering. There was no clothing and no shame, no command and no prohibition. In the first steps of human social life, they were inevitably faced with the concept of “ownership”. Ownership created “boundaries”. Boundaries distinguished “me” from “others”. The first boundaries were the boundaries of “my existence”, “my body” and “my shame”. Then gradually, the concept of “my honor” was added to these boundaries of ownership.

“The first covering” and “initial veil” emerged naturally from these boundaries of existence, and also served to protect against heat and cold.

Religions also had a significant influence on the formation of the hijab. They were the first to take steps towards transforming the “cultural hijab” into the “religious hijab”. Politics also attempted to benefit from the hijab, so we have also witnessed a third form of hijab, known as the “political hijab”. When politics and government use their tools of power to enforce the hijab, we are faced with a fourth form of hijab, known as “mandatory hijab”.

These four concepts of hijab will be the subject of this essay.

First – Recognized Hijab.

Until before the emergence of Islam, societies that later became the audience of the message of Islam, like other societies, followed a type of veil and customary clothing. These coverings were not the same in all regions, but rather the customary, cultural, and traditional differences of societies formed the basis of these customs and traditions. Even within a society, the customs of different social classes were different.

During the emergence of Islam, local customs also governed the way women dressed in the Arabian Peninsula. In some social classes, women were partially or completely naked due to poverty and lack of fabric. Some of them did not even have the ability to cover themselves for protection from cold and heat.

Women of the upper class, due to their financial ability, had access to better clothing, and for this reason, full coverage was also a symbol of class pride and distinction; just as long and full coverage is still considered luxurious attire among clergy or priests. Meanwhile, enslaved and servant women did not have access to suitable clothing due to poverty and lack. Women of the nomadic and desert-dwelling tribes also did not have full coverage according to the tradition and custom of nomadic life.

Second – Religious Veil

As mentioned, during the early days of Islam, many converts to Islam were unable to fully cover their bodies due to poverty and destitution. When men and women went to pray, it was possible for parts of their bodies, even their private parts, to be seen during prostration and bowing. Therefore, it was instructed in the narrations of that time to be careful and make sure that these body parts were not seen.

Partial nudity and semi-nudity were a widespread problem. Therefore, as a form of atonement for certain sins, freeing slaves, feeding the hungry, or clothing the naked were prescribed. The Quran considers breaking an oath as atoned by feeding ten poor people, or clothing them, or freeing a slave: “So its expiation is the feeding of ten needy people from the average of that which you feed your own families or clothing them or the freeing of a slave.” (5:89). The establishment of such atonements, which had a compensatory aspect, reflects the unstable economic and social conditions of that time.

Nowadays, the concept of nudity due to poverty is a bit difficult for us; because we are familiar with the concepts of hunger and deprivation, but we are not witnessing nudity due to poverty. At that time, hunger was alongside nudity. Many of the nudity or incomplete clothing of that era was not due to extravagance and self-display, but due to poverty and lack. Some women were found to be very exposed under their necks. The verses and narrations that mention clothing instructions or recommendations are often about these types of clothing.

Islam, with some changes, recognized the traditional and customary rules of the society of the Arabian Peninsula. In the customs of that society, women who were past a certain age were considered almost forbidden to be seen by others, meaning that the covering that was necessary for a young woman was not necessary for them; Islamic jurisprudence also recognized this. In the Quran, concessions were given for the veiling of women who were of a certain age and were not likely to be married: “And as for women past childbearing who do not expect marriage” (24:60). Islam also made exceptions for nomadic and desert-dwelling women; meaning that they have their own customary veiling. (1).

The essence and message of Islam has been to take steps towards getting closer to the principles of chastity, abstinence, and purity in order to respect the boundaries of human beings. The hijab prescribed by Islam has been a recommendation to observe modest clothing. However, later on, the traditions and customs of societies have had a significant influence in shaping what is now known as “Islamic hijab”. To the extent that sometimes these local customs have become religious obligations.

To understand the boundaries of the Islamic hijab, one must refer to the primary sources of Islam, namely the Quran and the teachings of the Prophet. In the Quran, “hijab” does not refer to the modern concept, but rather as curtains used as doors and partitions in homes. For example, the Quran advises Muslims to ask for something from the wives of the Prophet from behind a curtain: “And when you ask [his wives] for something, ask them from behind a curtain” (Al-Ahzab, verse 53).

The limit and amount of hijab that is currently established by most jurisprudential and contemporary fatwa sources is the necessity of a covering that covers many parts of the body (except for the hands and feet from the wrists down, and the face). There is no clear statement in the Quran regarding the covering of women’s hair. The verses cited in the Quran for hijab are from Surah An-Nur and Surah Al-Ahzab. In verse 59 of Surah Al-Ahzab, the Prophet is addressed: “O Prophet, tell your wives and your daughters and the women of the believers to bring down over themselves [part] of their outer garments. That is more suitable that they will be known and not be abused. And ever is Allah Forgiving and Merciful.” The verses cited in Surah An-Nur emphasize modesty. In verse 31 of Surah An-Nur, the Prophet is instructed to tell women with faith to: “lower their

On the other hand, the invitation of the Quran to hijab and modesty is not specific to women, but rather the Quran addresses both men and women in verses that emphasize chastity and purity: “Tell the believing men to lower their gaze and guard their private parts… And tell the believing women to lower their gaze and guard their private parts” (Surah An-Nur, verses 30 and 31). However, later in customary law, hijab has come to mean its current meaning and the audience of hijab has become exclusively women.

Some of the verses about hijab in the Quran are related to guidelines for the wives of the Prophet. At the time of the emergence of Islam, the people of the Arabian Peninsula had a minimum dress code, but wealthy individuals had the ability to have more complete coverage. Part of the hijab of the Prophet’s wives was a combination of modesty and nobility, as they were the wives of the Prophet and the mothers of the believers. People would always come to the Prophet to ask about various matters, and houses were often in open or semi-open spaces. People would come to the Prophet’s house at all times, and sometimes the Prophet’s wives were not dressed appropriately. Some verses, such as verse 53 of Surah Al-Ahzab – which was mentioned before – teach etiquette in dealing with the Prophet’s wives. Other verses from the Quran, such as verses 31 and 59 of Surah Al-Ahzab: “And abide in your houses and do not display

Third – Political Veil

In some historical periods, the hijab has been seen as a political phenomenon and has taken the form of a social norm. For example, during the Algerian people’s fight for freedom against colonization in the mid-20th century, the hijab became a cover for women who were active fighters and supporters of the Algerian cause. On one hand, the hijab served as a cover for facilitating transportation of materials and prohibited declarations, and on the other hand, it was a solution for preventing the identification of girls who were members or sympathizers of the Algerian Liberation Front.

In Iran, during the reign of the Pahlavi dynasty in the final years of Reza Shah’s rule, the mandatory unveiling of hijab was seen as a return to one’s true self and resistance against tyranny. During the 1979 Revolution, part of the inclination towards hijab was a result of this political wave. Many young girls who adopted the term “Islamic hijab” did not have a rooted understanding of it, but rather chose it as a form of “political hijab” along with the revolutionary movement. This hijab was a result of emphasizing one’s own identity and choosing it over escaping from imposed and mandatory identity of unveiling.

The selection of “political hijab” by women during that time, although in some cases it may have been due to conformity with the crowd, or with selfish and opportunistic motives, or even out of fear of the dominant and advancing revolutionary forces, but the majority of these women embraced hijab with sincere intentions.

In the years following the victory of the revolution, some of these “political veils” deepened and continued. However, another part, with the loss of political motivations and the change of the dominant wave of society, was left behind and political veils abandoned their political veil. What remained for them was the “mandatory veil” that they were forced to comply with.

Fourth – Mandatory Hijab.

As mentioned above, the verses of the Quran regarding hijab include recommendations for modest clothing and behavior, as well as discouragement from showing off. The principle of hijab is a matter of custom and religious coercion can be influenced by societal pressures, and customs can also affect these pressures. (2) However, external coercion, such as government coercion, is a more recent phenomenon.

Although at the beginning of the victory of the February 1979 revolution, the inclination towards hijab was seen as a voluntary phenomenon for returning to one’s identity and in line with the wave of the revolution, these motivations quickly diminished and the Islamic Republic resorted to “mandatory hijab”.

In this matter, we are now faced with two questions: Is it the duty of the government to enforce hijab? If the answer is negative, why does the Islamic Republic of Iran insist on enforcing compulsory hijab?

The government’s duty is not to force the hijab (headscarf).

The government considers enforcing the hijab as part of its duties by claiming to implement Islamic laws. However, this interpretation is baseless and unfounded. Firstly, establishing an Islamic government is not one of the duties of Islam. The Prophet of Islam was a reminder, not a ruler. God says to the Prophet in the Quran: “So remind, [O Muhammad]; you are only a reminder. You are not over them a controller.” (Surah Al-Ghashiyah, verses 21-22). Therefore, if a government is established in the name of religion, it does not have the duty to rule.

Secondly, even in the case of necessity for the establishment of an Islamic government, this religious government does not have the duty to force women to wear hijab. Because the duty of the government is to manage the affairs of citizens and their daily lives.

Thirdly, it should be noted that in the laws of the country, the relationship between the law and Muslims and non-Muslims is equal. In the mosaic of Iranian society, religious and non-religious individuals, Jews, Christians, and other religions have a common social life, but hijab is not mandatory for many of them. Even in the case of compulsory hijab for Muslim women, we cannot impose hijab on Muslims and non-Muslims in the laws. Because non-Muslims do not believe in hijab and are not bound by its legal branches. In the case of Muslims as well, it is not the duty of the government to force the people to wear hijab. Even the duty of the prophets was not to force people to do good deeds. The Quran does not say that the prophets were sent to “create” justice among people, but rather to “establish” justice; meaning to provide the necessary conditions for it: “so that people may stand for justice” (

Although the government should prevent corruption and immorality, being unveiled is not synonymous with being naked. Being naked may lead to corruption, but being unveiled is not equivalent to being naked. Even if we consider being unveiled a sin, it is not the government’s duty to prevent every sin. Only sins that harm others should be prevented by the government, as it is responsible for protecting the people’s interests. These sins should be considered crimes in order to protect the people’s rights. It is important to differentiate between “crime” and “sin”. The government’s duty is to prevent crime, not sin. (3) Preventing immorality and indecency is one of the government’s responsibilities, as it is a social right that is protected by law. However, observing the hijab is a personal behavior that is not related to the government. (4)

B- The reason for the insistence on ruling over “mandatory hijab”.“:

The concern of the rulers of the Islamic Republic of Iran regarding “mandatory hijab” is now not due to a religious necessity or a jurisprudential obligation, but rather due to a “moral order” that can generally be seen as the reason for the hijab becoming a moral issue for the rule of the Islamic Republic. This includes the failure to fully Islamize the country, the promotion of Islamic hijab as a symbol of the country’s Islamic identity, and the expansion of the government’s authority.

After the victory of the revolution in Bahman 1357, the current rulers of Iran took control of the country in the name of “Islam” and with the slogan of implementing Islamic regulations. They emphasized their advantage over others in their abilities and qualifications for “Islamization” and based on this advantage, they considered themselves superior to others in ruling. Islamizing the content of citizens’ lives was a difficult and complicated matter, but Islamizing appearances and paying attention to rituals seemed easier. Therefore, the current rulers of Iran, as they gained the levers of power, focused on Islamizing appearances. Although the Islamization of appearances began from the very day of the revolution, its widespread implementation was done in proportion to the balance of power. When they took over the ruling arena by eliminating opponents and critics, they forced these Islamic appearances to be adopted as legal decrees. Therefore, after the failure in Islamizing other aspects of the country, such as fighting poverty and discrimination, they strongly clung

The government cannot present its traditional supporters with achievements in individual, social, economic, and judicial justice. These justices are in conflict with the privileges and benefits that the government and its supporters enjoy. However, it can pretend to its supporters that although “Ali’s justice” was not implemented by establishing an Islamic government, it is still fighting against immodesty, which is synonymous with indecency and lawlessness.

Governance, when faced with legitimacy crises in the coming decades, lost its social authority and power even over its own supporters, and became uncontrollable due to inefficiency, corruption, and party games. It attempted to demonstrate its power and authority over society in cases such as mandatory hijab. In totalitarian and ideological regimes, dominating citizens as “subjects” and turning them into “objects” is a common method of controlling and managing them. The mandatory nature of uniforms in some systems or in certain spaces, such as prisons and prisoner camps, is a common way of exerting control and dominance over targeted subjects, gradually inducing them to accept voluntary submission. In this process, imposing desired codes facilitates the normalization of the authoritarian system. The enforcement of hijab and the standardization of current clothing have now become symbols of the emergence of power and authority of governance in the public sphere.

Abstract and Conclusion:

As it was observed, hijab was initially a matter of “custom” at the beginning. Customs and social norms determined its boundaries. Religions, with moral considerations, regulated the norms and abnormalities of their societies and laid the groundwork for the “religious hijab”. The legislators based the religious hijab on customs, local traditions, and their own needs. Politics also had an impact on hijab and used it as a method in political and social struggles, sometimes as a symbol of returning to one’s own identity and resistance against imposed identity. At the beginning of the victory of the revolution in February 1979, the inclination towards hijab was voluntary, but then the rulers made it “mandatory”.

Forcing everyone to wear hijab was neither the duty of the religious scholars nor the duty of the government. However, the government, although initially may have used the Islamic motive to enforce hijab for women, soon other concerns took its place. Now, due to political motives, the government has turned this phenomenon into a “mandatory order” and sees it as a “red line”. For this reason, by considering “mandatory hijab as a matter of honor”, it tries to keep the control over it and sees any resistance against it as a fight against itself.

Notes:

1. R.K., a writer, in an interview with Zeytoon website: “Forcing the society to wear hijab is neither the duty of religious scholars nor the duty of the government”, June 11, 2016.

2. R.K., writer in an interview with Khat-e-Solh magazine: “Forcing veiling on children is one form of child abuse”, issue 68, December 2016.

3. Note by the writer: “Ayatollah Montazeri: Compulsion to Hijab, Enjoining Good and Forbidding Evil”, Jares website, November 8, 2014.

4. Note by the writer: “Ayatollah Khamenei and the campaign against compulsory hijab”, Jaras website, 19 October 2012.

5. Note by the writer: “Why did hijab become a matter of honor in the Islamic Republic of Iran?”, Zeytoon website, 18 Bahman 1396.