مطالعات راهبردی زنان (کتاب زنان)
سال:1386 | دوره:10 | شماره:37 (فقه و حقوق) |تعداد مقالات:6

Since in the recent decades some European countries made restrictions for Muslim women wearing hijab, it is necessary to explain minority rights in the international law. Thus, this paper deals with the status of minority rights in the international law and the existing barriers for religious minorities to maintain their rights. And in the light of the principle of “non-prohibition” and “equality” of individuals, article 27 of the International Covenant on Civil and Political Rights, and “doctrine of margin of evaluation” the paper critically evaluates the prohibition of hijab in the view of international minority rights law. Finally, the paper concludes that prohibition of hijab is a breach of individuals’ human rights and their religious freedom, which is because of social and political pressures.

Women’s being obliged to cover their bodies results from an overall enquiry into jurisprudential sources. However, a deep thinking over the testimonies for hijab shows there are controversies about the limits and manners of hijab. The two extremes of these controversies are too far away from each other to be considered in a single perspective. On the one hand, some believe all parts of a woman’s body, including hands, face, and even her voice, should be covered; on the other hand, others believe a sincere look at a woman’s face and her saying prayer without a head cover are allowed. The former belief may result in social problems for women and Islamic societies whereas it is necessary for the Muslim women to have an active participation in the social life. Now the question is whether reviewing jurisprudential texts and approaching the issue from inside the religion can solve some of the problems Muslim women are facing or not. The paper tries to answer some of these questions, referring to Quranic verses, traditions, and words from jurisprudents.

Hijab is a jurisprudential principle and a religious necessity proposed for Muslim women, though it has exceptions too. In this paper, first, the primary principle of hijab is studied from two aspects: one, the advisability of the arguments for the obligation of hijab; two, the advisability of practical principles to which one has to refer when in doubt. Since disregarding hijab results in corruption, some jurisprudents consider the practical principle as discretion whereas others rely on the principle of bara’a [distance]. An exception is the case of slaves and the question is whether one can consider the slaves as servants and adopted children. Another exception is the case of emasculated men, which is very controversial among jurisprudents.