Our purpose here is to at least develop a basic understanding of this issue from the point of view of the Islamic texts, that is, the Qur’an and then hadith. We are not interested in coming to conclusions that result in a set of rules on how to dress. This has been done in numerous books and articles written over the centuries, including many authored very recently. Rather, we seek to understand the spirit and focus of the original texts to get an overall sense of the message being conveyed. In general, the overriding principle that comes through is one of modesty for both men and women.
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Discussion
Without a doubt, God in His wisdom advises the believers to dress and behave in a way that elevates their status both in this life and the hereafter. Most Muslims do not view modest dress as an imposition meant to oppress either women or men. Indeed, many women who voluntarily wear hijab actually feel liberated; free from society’s rules about women’s looks, free from being slaves to fashion, free to reserve their beauty for their husbands and so on.
A more important question in this discussion is whether individuals, Muslim or non-Muslim, should be forced to dress in a certain way. Every society is entitled to establish minimum standards of dress (in the US, we do have limits as well, defining "indecent exposure" according to this society’s norms). How those standards are enforced and to what extent individuals are punished for violations is of extreme importance in those countries which strongly regulate the dress code.
When reviewing both Qur’an and hadith, there is no precedence for how to deal with such violations; the Prophet (pbuh) or his wives and companions simply reminded others to follow the guidelines. Not a single example of violence, imprisonment, humiliation or coercion can be found during the lifetime of the Prophet (pbuh)that would imply that such practices today are consistent with his example.
The Qur’an does not spell out any punishment (hudud) for violations of a dress code. Also, in the verses outlined above, the Qur’an clearly addresses "the believing women" meaning Muslims, so that it is difficult to find an argument to justify the imposition of an "Islamic" dress code on non-Muslim women. Thus, by inference the decision to dress a certain way is left to the individual who will face the consequences for all actions in this life, to her benefit or detriment, as God sees fit.
The Qur’an also says "There is no compulsion in religion" (2:256). Those who choose to behave a certain way as a reflection of their belief in God and His message and thus accept the challenges therein are not the same as those who behave to satisfy other people or laws set in place. The freedom and ability to choose to do good make the reward that much greater.
Among many Muslims today, hijab is often equated with piety, both by those who cover their hair and those who do not. Unfortunately, too many assume that a woman who covers must naturally be more religious or conservative that one who does not. This generates expectations and pressure on Muslim women in hijab , whose behavior is held to different standards, perhaps undesired on the part of the woman. On the other hand, according to popular opinion, the Muslim woman who does not cover her hair (even if she is otherwise dressed modestly) has not quite arrived at the perceived goal of all righteous believing women. The scarf, an article of clothing, has sadly become a litmus test for a Muslim woman’s faith and devotion to God. Indeed, the importance which some Muslims have attached to hijab has made some sarcastically refer to it as the "Sixth Pillar" of Islam, on par with prayer, fasting, alms-giving, pilgrimage and bearing witness to the oneness of God.
While our faith is manifested in our deeds, only God can judge our piety and righteousness. The Prophet himself (pbuh) would not venture to say who, for certain, would reach Paradise. Such knowledge is with God alone such that the judgement of one person regarding another’s religiosity is totally irrelevant.
How Muslims dress is only one aspect of our identities. For many women, dressing conservatively and covering one’s hair are felt to be acts of faith. Therefore, discriminating against a woman for dressing a particular way violates her freedom to practice her religion, a fundamental right cherished here in the United States. The non-Muslim community, particularly the media, needs to get beyond its own narrow one-dimensional view of the conservative dress of the Muslim woman as a sign of oppression. It is a choice that American Muslim women make, perhaps not the same as that of other women, but equally valid. Ultimately, what really matters is the attitude, behavior and demeanor of the person in question.
A Source of Division?
Among Muslims, the division and intolerance expressed regarding women’s dress is one factor that impedes our growth and development as a meaningful presence in the world today. All Muslims struggle with matters of faith, identity, and community. With the pressing issues facing the Ummah today such as poverty, illiteracy, violence, warfare and other ills, we must ask ourselves if we want to be consumed and paralyzed by the issue of women’s dress. Placing the burden primarily on women without calling for the accountability of men to control themselves and their sexual appetites is in violation of the spirit of the Qur’an which is about self-control and self-restraint.
In addition, the extremely negative attitudes which consider women who do not cover as somehow unchaste are most egregious and unjustifiable. Wrongful accusations against a woman’s honor are met unequivocally with severe consequences as mentioned in the Qur’an (24:4-20).
Only together, through cooperation, tolerance and forbearance, as exemplified by the Prophet (pbuh) can Muslims overcome the obstacles to success in this life and the hereafter that often are expressed in our attitudes towards women.