The Obligation of Hijab: An Individual Ruling with Social Effects
Document Type : Original Article
10.22034/j.miu.2023.10238
Abstract
Sharia rulings are generally classified into individual rulings and social rulings. The question raised regarding the ruling on the hijab is: ‘Is the obligation of the hijab an individual ruling, such as prayer and fasting, or a social ruling, such as the Hajj, Khums and Zakat?’
Finding an answer to this question is parallel to the issue of the obligation of hijab from a new perspective. This article was written with the aim to explain the obstacles and challenges in the issue of the hijab, by analyzing the opinions in support of and against the hijab. To achieve this purpose, relevant sources, including articles and books written in the period from 1951 to 1977 were analyzed and reviewed. We did not find any research in which the subject of the current study was analyzed.
The finding of this research showed that the hijab and its jurisprudential ruling are a personal and individual issue, but with social implications. Therefore, considering the social evils resulting from not using it, governments can, as secondary legislation, and based on the jurisprudential principles “necessity is based on its needs” and “necessity makes forbidden things permissible” impose the Islamic hijab on members of their society