The latest argument by the side, which had previously argued that the hijab was essential to Islam, was put forward in various forms by senior advocates Yusuf H Muchhala and Salman Khurshid. In the last hearing in the court, the bench of Justice was seen Hemant Gupta and Sudhanshu Dhulia, relying on the argument of the Muslim side on the non-essential nature of the five principles of Islam – Nama, Riza, ZakatHajj and Iman – To ask how the hijab, which ranks lower in the hierarchy, can be said to be mandatory in Islam.
As the court was hearing the Karnataka hijab ban case, the change of track on the Muslim side was evident as Muchla, one of the most experienced experts in Muslim personal law, said, “Privacy means autonomy of body and mind. Right to conscience and right to religion are complementary. So when a Muslim woman wants to wear a hijab, it is her choice to feel empowered and at the same time protect her dignity and privacy. ,
He said that ‘Amritdhari’ Sikh Women also wear turbans and their right to wear it in educational institutions should be protected as much as Muslim women’s right to wear headscarf. “We are concerned with individual rights. Whether hijab is necessary for Islam is not a question in these batches of petitions,” Muchala said, not wanting the court to investigate the hijab’s imperative for Islam.
The bench sought an explanation from Muchhala on his contradictory stand. It said, “First, you insisted that wearing the hijab is a religious right. Now, you are arguing that the court should not get into the interpretation of the Qur’an to determine whether the hijab is necessary for religion. And again, you are arguing that the matter should be referred to a nine-judge bench to determine whether the practice is essential to the religion.”
The bench said, “Even if the matter is referred to a nine-judge bench (which will hear issues relating to entry of Hindu women of all age groups in Sabarimala temple, Muslim women in mosques and Parsi women in Agiyari), you can can argue before a nine-judge bench that it too cannot interpret the Quran and decide whether the hijab is mandatory for Islam.
Khurshid argued that wearing a hijab by a Muslim woman could be due to her religious belief, a conscience, a cultural necessity or a personal preference to maintain identity, dignity and privacy. “In a country with huge cultural diversity like India, there is a need to respect cultural practices. Muslim women do not want to disobey the rule of wearing a uniform. They want to wear an extra garment in the nature of a headscarf, to respect their cultural need as well as personal preference. ,
The debate will continue on Wednesday as well.