Karnataka Hijab News: Karnataka HC sets uniform code for school attire, citing Quran, says wearing hijab is not mandatory India News – Times of India

BENGALURU: The Karnataka High Court on Tuesday said that the Quran does not oblige Muslim women to wear hijab or cap as it delivered its verdict while dismissing petitions challenging the ban on religious clothing in classrooms in state colleges. At the same time, it said that the hijab came into existence as a socio-cultural necessity of another time and place.
The full bench of the HC quoted the Prophet from RA (ii) verse 256 of the Quran: “Let there be no compulsion in religion…”

The judges drew attention to a footnote in remarks by Indian jurist Abdullah Yusuf Ali in which he argued that “compulsion is inconsistent with religion because religion depends on belief and will, and would be meaningless if prompted by force.” …”

In dealing with the question of whether the hijab is Islam-specific, the court said: “Hijab roughly translates to partition, screen or curtain. There are several dimensions to understanding the use of hijab: visual, spatial, ethical and moral. This Like, the hijab hides, marks difference, protects, and arguably confirms the religious identity of Muslim women.”

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The court said it cannot be disputed that the word hijab is not employed in the Quran, although commentators may have. It states that there is sufficient internal material within scripture to support the view that wearing a hijab is only recommendatory, if so.

“It can be reasonably assumed that the practice of wearing the hijab was closely related to the socio-cultural conditions prevailing in that region,” the HC said. “The veil was a safe means for women to move out of the confines of their homes… What is not religiously obligatory cannot be made the quintessential aspect of religion through public movements or passionate arguments in courts.” “…at most, the custom of wearing this garment may have something to do with culture but certainly not with religion.”

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The court observed that the history of mankind is replete with instances of abuse and oppression of women. “The era before the introduction of Islam is known as Jahiliya – a time of barbarism and ignorance. The Qur’an shows concern for cases of ‘molestation of innocent women’ and, therefore, it recommended this and other garments as a social remedy. It is recommended to wear as a protection. Maybe, over time, some elements of religion have entered the practice. However, this practice is mainly religious and little by little is necessary for the Islamic faith.”