Saving Lives: Swap the Hijab for a Khimar
By Professor Nazeer Ahmed
Concord, CA
“And whoever saves the life of a person
Is as if he has kept alive the entire human race. (The Qur’an: 5:32)
The current anti-Islamic xenophobia, left unchecked, poses an existential threat to the American Muslim community. Hate crimes against minorities in general, and Muslims in particular, have skyrocketed since the election.
It is reported that there have been 800 incidents of verbal and physical abuse against Muslims in the last 30 days. An off-duty policewoman in New York City was harassed when she was dropping off her son at school. The mayor of the city as well as the police commissioner appeared before the press to affirm their strong support for the off-duty officer. Another woman wearing a hijab was pushed down a staircase. From New York to California, from Texas to Michigan, reports are pouring in of women harassed, children bullied and men taunted. In California a Muslim man was stabbed near a mosque as he turned around to confront his tormentors.
Hard data is not available, but from published reports it appears that a large majority of the attacks against individuals are directed at Muslim women wearing the hijab. It is as if a hijab is a magnet that attracts the hate mongers. It is like waving a red flag before a bull in a bull pen. Women and children are more vulnerable and offer an easy target for the bullies.
Abuse of hijab wearing women is only one aspect of the broader Islamophobic issues facing the American Muslim community. Nonetheless, it is an issue that requires our immediate attention before more women get hurt.
This article is about women’s safety. Although it draws upon religious sources for discussion, it is not meant to be another footnote in the unending debate about the doctrinal aspects of hijab.
The word “hijab” appears eight times in the Qur’an but none of them refer to a head covering worn by women which in current parlance is referred to as “hijab”. The Ayah that is oft quoted in support of a head covering is given below as translated by Muhammed Asad:
“And tell the believing women to lower their gaze and to be mindful of their chastity, and not to display their charms (in public) beyond what may (decently) be apparent thereof; hence, let them draw their head-coverings over their bosoms. And let them not display (more of) their charms to any but their husbands, or their fathers, or their husbands’ fathers, or their sons, or their husband’s sons, or their brothers, or their brothers’ sons, or their sisters’ sons, or their womenfolk, or those whom they rightfully possess, or such male attendants as are beyond all sexual desire, or children that are as yet unaware of women’s nakedness; and let them not swing their legs (in walking) so as to draw attention to their hidden charms.” (The Qur’an, 24:31)
In his comment on the pertinent passage, “let them draw their head-coverings over their bosoms”, Mohammed Asad writes:
“The noun khimar (of which khumur is the plural) denotes the head-covering customarily used by Arabian women before and after the advent of Islam. According to most of the classical commentators, it was worn in pre-Islamic times more or less as an ornament and was let down loosely over the wearer’s back; and since, in accordance with the fashion prevalent at the time, the upper part of a woman’s tunic had a wide opening in the front, her breasts were left bare. Hence the injunction to cover the bosom by means of a khimar (a term so familiar to the contemporaries of the Prophet) does not necessarily relate to the use of a khimar as such but is, rather, meant to make it clear that a women’s breasts are not included in the concept of “what may decently be apparent” of her body and should not, therefore, be displayed.
Muhammed Asad hedges when he states that the word khimar “does not necessarily” relate to the use of a khimar, or a head covering. Some commentators have interpreted the term khimar to mean a cap or a hat. Our readers are no doubt aware of the voluminous writings by the two opposing camps: those who oppose the head covering, and those who have elevated it to a fundamental tenet of Islam.
Rather than take a position on this dialectic, our intent is to evolve a consensus based on an alternative that is acceptable to both camps. Such a consensus must meet the requirements of safety of Muslim women in these extraordinary times. In this effort we use the principle of Istehsan, a principle of fiqh advanced by Imam ulAzam, Abu Haneefa.
Imam Abu Haneefa (700-764 CE) lived in an era of explosive growth of the Umayyad Empire. It was during this period that Sindh, Multan in the East as well as Spain and Southern France in the West were added to Islamic domains. In 732, the Umayyad Empire extended from Tours near Paris to the river Sindh in modern Pakistan, and from the Amu Darya in Uzbekistan to the Sahara desert in Africa.
Abu Haneefa, the first of the great Imams, was born to Afghan parentage in the southern Iraqi city of Kufa, which was at the time a melting pot of people from Arabia, Persia, India and Central Asia. As such he was confronted with the legal issues faced by not only the desert Arabs but also the new entrants into the faith from Zoroastrian Persia, Hindu India and animist Central Asia. The Turks from beyond the Amu Darya were also entering the fold of Islam in large numbers. It was the genius of this great mujtahid that he rose to the challenge and developed the principles of fiqh that provided the greatest latitude for a jurist who might be called upon to tackle the complex issues of his own age as well as the unforeseen issues of the future.
According to Imam Abu Haneefa, the principles of fiqh are based on five sources: (1) the Qur’an (2) the Sunnah of the Prophet (3) the Ijma of some but not necessarily all the Companions of the Prophet (4) Istehsan (5) Qiyas. The Maliki, Shafii and Hanbali schools of fiqh as well as the concurrent IthnaAsharifiqh modified or restricted, to various degrees, the acceptable principles of Ijma, Istehsan and Qiyas. The ultimate objective of all these schools of fiqh is the same, namely, to evolve a consensus of the community about a juridical issue consistent with the Qur’an and the Sunnah of the Prophet.
The principle of Istehsan provides a juridical tool to address the issue of hijab in today’s America. Istehsan derives from the root word al Husn, namely, what is good, beautiful and excellent. It also means something that is preferred. When there are two alternate solutions to a juridical issue, the principle of Istehsan favors the alternative that is preferred and is good for the individual and the society.
There are a large number of pious Muslim women who wear the hijab and consider it to be a sign of purity, sincerity and obedience to the commandments of Allah. Their steadfastness and courage in the face of hostility is inspiring. There are also a large number of pious Muslim women who do not wear the hijab but are equally sincere and obedient to the commandments of Allah. Their commitment to the long-term survival of the community is also inspiring.
However, there is an overriding issue here, namely, safety and the protection of life. In an Islamophobic environment, hijab marks out a Muslim woman. She, as well as her children or husband or brothers, become objects of harassment, humiliation, name calling or worse. Physical abuse and harm have been reported. There is danger to one’s life.
In this context, the Qur’an, the Sunnah of the Prophet as well as the principle of Istehsan permit a relaxation of normal religious requirements. The Qur’an permits a group of believers to split into two groups, when faced with danger, one to pray, the other to stand guard. It also permits the Tayammum in place of Wudu when there is no water. It permits the postponement of a Ramadan fast or expiation through feeding the poor if one is sick and unable to fast. Relaxation of restrictions on food have occurred throughout Islamic history in situations of extreme distress
Regardless of how one interprets the Divine injunctions about head covering, it stands to reason that a woman who wishes to cover her head can do so with a Khimar (a description used in the Qur’an) which can be a cap or a hat that does not make a Muslim woman stand out in public as does a scarf. There is no compulsion in religion. Ladies who cover their heads as well as those who do not cover their heads must both be honored and protected. The principles of safety and sanctity of life must be overriding considerations. A Khimar offers a large choice in appropriateness and suitability, providing tremendous opportunities for creativity and innovation.
If even one life is thus saved, it would be as if we have saved the life of all humanity.
Back to Pakistanlink Homepage
