FROM THEOLOGY TO SCIENCE OF RELIGION
RELIGIOUS DIMENSION OF WOMEN’S VEIL
Prof.Dr. Salim ÖĞÜT*
*Islamic Law Expert, Prof. Dr. Hitit University Faculty of Theology
(All translations regarding Quran are based on Muhammad Asad 's Quran Translation)
Translated by Vedat Aktaş
(Source: Chapter 5, The Non-coverable Problem of Headscarf (edited book), 2008, AKDER Publications)
Religion's approach to human behaviors:
First of all I would like to start by saying that this topic is more convenient and even "compulsory to investigate". Because it becomes possible to read (interpret) correctly, to understand correctly therefore evaluate correctly some behaviors and attitudes of religious people.
Ash-Shatibee, whose scholarly authority is accepted by almost all of those who are experts in Islamic studies, in his book titled Al-Muwafaqat (trans. Erdoğan 1990), which still keeps being the most important source in its field, while examining the verse of "and neither does he speak out of his own desire: that [which he conveys to you] is but [a divine] inspiration with which he is being inspired?" (Quran, 53/3-4) he notes the followings:
In this verse Allah limits the sources of behaviors by 2 things;
1. Revelation -which is the Sheri'a
2. Desires and lusts
There is no third one.
Therefore desires and lusts and the Sheri'a are opposite to each other. Since it is certainly known that revelation is the truth, then it becomes obvious desires are adverse of the truth. Thus, Allah says in some other verses that: "hast thou ever considered [the kind of man] who makes his own desires his deity and whom God has [thereupon] let go astray, knowing [that his mind is closed to all guidance], and whose hearing and heart He has sealed, and upon whose sight He has placed a veil?" (Quran, 45/23) "But if the truth were in accord with their own likes and dislikes, the heavens and the earth would surely have fallen into ruin, and all that lives in them [would long ago have perished]! Nay, [in this divine writ] We have conveyed unto them all that they ought to bear in mind: and from this their reminder they [heedlessly] turn away! "(Quran, 23/71) "Now among those [hapless sinners] are such as [pretend to] listen to thee, [O Muhammad,] and then, as soon as they leave thy presence, speak [with scorn] unto those who have understood [thy message]: What is it that he has said just now? It is such as these whose hearts God has sealed because they [always] followed but their own lusts." (Quran, 47/16) "can, then, he who takes his stand on a clear evidence from his Sustainer be likened Unto one to whom the evil of his own doings [always] seems goodly, and unto such as would follow but their own lusts?" (Quran, 47/14)
"By paying attention to the words, "desire" and "lust" in these verses, it is seen that these words are used to criticize and people who follow these are disparaged. It is narrated that Ibn Abbas said: "Wherever Allah used the words lust/desire in Quran, Allah used them certainly to criticize." All of these obviously show Allah's will is to courage the amenable people to serve The Lord by discouraging them to follow their lusts and desires" (trans. Erdoğan 1990, II: 170,171).
Being Honest in Religious Affairs in Modern Era
As Habermas frankly expressed "In secular systems, in order to be able to express their opinions in commonly accepted base, religious people have to interpret their opinions into secular parlance. This not only makes communication more difficult but also deprives secular society from the religious sources" (http://www.felsefeekibi.com/site/default.asp?PG=119 ). Hence in modern times, considering modern thinking has suppressing role on expressing the religion and religious commands. I believe it is necessary to start from this point and I state that it is a must to get knowledge in the field of religion from its own sources and from those scholars who get the inference depending on those sources. Otherwise the text would not go further than demonstrating the perception of modern knowledge centers.
While an individual who is addicted to alcohol and gambling behaves as a slave of his instincts; another individual who has sensitivity to stay away from these behaviors obeys the prohibition of revelation on this subject. "O YOU who have attained to faith! Intoxicants, and games of chance, and idolatrous practices, and the divining of the future are but a loathsome evil of Satan's doing: shun it, then, so that you might attain to a happy state!" (Quran, 5/90).
A Brief Evaluation on Mind
An important point to discuss here is the place of "mind". It is the point that modern people depend on most, therefore be wrong most. Modern thinking, which defined enlightenment as "trusting mind only" or "usage of mind without any guidance", missed the point mentioned above and acted as if there exists a common/pure/absolute mind. Thus they ignored Abraham and Nimrod, Moses and Pharaoh, Abu Bakr and Abu Jahl are all very intelligent and in spite this they had totally opposite beliefs, thinking and life styles. However, according to the conclusion made from Shatibee's approach, in religious thought, mind is considered as environmental and cultural aggregation therefore it is possible to speak of two kinds of mind: "believer" and "non-believer". "Believer mind" is the mind which is equipped by revelation centered knowledge and got affected from the environment where revelation centered knowledge is applied into the life, so to speak takes its hue from the revelation. "Non-believer mind" is the mind in which human behaviors submit to the instincts and follow the paths which motives draw, get into a shape in secular environments and take its hue from that environment. Therefore according to these explanations human behaviors cannot be explained as "mental" or "not mental". Contrarily, they can be explained or classified as "revelation centered" or "lust centered".
At this stage, one more of unfortunate fixation of modern era should be pointed out. According to a conclusion reached in enlightenment era, opposition of "mind vs. religion" is accepted as decree absolute, therefore, it is not even made possible to make a discussion on it. Thus, religious texts speak about the opposition of "lust vs. religion". Meaning religion came not to abolish or suppress the mind but to control and restrain the lusts, desires and illegitimate likes, and to suppress them until they reach to legitimacy line. Therefore the way of thinking is based on the opposition of mind and religion, willingly or non-willingly counted everything rational as nonreligious and proclaimed that whatever religious is irrational during last two centuries.
Place of Custom and Tradition in Religion
Following the path that Shatibee opened, it is very appropriate to point out the "customs and tradition" subject which also counted as one of the sources of Islamic Law. Because it is one of the least known; but it is most spoken matters of nowadays.
The subject of "customs and tradition", which is considered as one of the important sources feeding Islamic law by usul al-fiqh (the methodology of Islamic law), holds an importance regarding to make it understandable what we are trying to explain.
The Islamic law which validates custom at the same level of nass (clear legal injunction) through some rules like: "Custom is the arbiter" (The Mecelle Code, article 36 )."Whatever is determined by custom, it is like determined by nass (clear legal injunction). "(The Mecelle Code, Article 45); also another important point which is ignored nowadays is that in order for a custom to be valid it has to be “accurate”. In other words “valid custom” is the “accurate custom” which carries the conditions for soundness. Therefore, everything defined as “custom” by the society may not be accepted as “custom” by religion. For a custom to be accepted as valid by religion, it should not be against any evidences and basic principles of Islamic Law. An example given in sources on the methodology of Islamic law, it is said that: “Even if drinking alcoholic beverages and trading them or interest in transactions become extensive like a custom in a society, it is never accredited. Because prohibitions related to these subjects are not the subjects that could be changed by social circumstances, they are certain. To credit this kind of custom means ending the validity of nass and opening a gate to disorganize the system of obligations. Religion came for muqallaf (sane and mature person or people) to obey the decrees of it, not to follow their own customs and lusts.” (Şa’ban, 1996: 199)
Nowadays, a significant group, which is composed of secular intellects and some of theology academicians, is fixed onto the idea of “change” which is a modern argument. In this case they demand every concept and incident to get its share from the magic of the change and religion to have the biggest portion of it. Thus, as explained above “religion came to change not to be changed.” But the subject of “the change of regulations” is another field and there exist a serious complete works in this filed as a result of scholarly efforts put for many centuries. (Doctorate thesis of Mustafa Erdoğan which is prepared in 1990 and named “Change of Regulations in Islamic Law” is an important study in this field.)
At this point, a query which is possible to pop in mind should be answered like this:
Behaviors that are widely accepted as custom may or may not be convenient with law and moral standards. In other words, custom can be built by pervading of “lust and desire” centered behaviors or also by pervading of “revelation” centered behaviors. In this case religion does not accredits the pervading of lusts and desires. Religion does not consider majority of society to behave that way as reason to legitimacy, therefore does not approve it. Religion does not accredit the social demands as sociology does. Therefore density of social demands cannot be shown as cause of legitimacy by religion.
Hence, for custom to have legal credit, it must not be against any “definite evidence by Sheri’a” or principles of Islamic Law.
What does Muqallaf mean?
It literally means the one who is subject to an “offer”. And the offer is religious obligation. Islam considers all of its sane and adolescent members as muqallaf. Hence, every individual who accepts Islam as a religion is muqallaf, meaning under religious obligation at the same time.
“Af’al-e muqallafeen” is a fiqh (jurisprudential) term which means behaviors of those who are considered to be muqallaf, and related rulings(Salim Öğüt, DİA (Türkiye Diyanet Vakfı İslam Ansiklopedisi) X: 452). Although there are some technical separations between methodists in Shafee school and Hanefee school on classification, af’al-e muqallafeen usually classified as fardh (an obligatory action), wajib (something necessary, although of a slightly lesser degree than fardh), mandub (commendable or recommended), mubah (neither forbidden nor commended), makruh (something that is disliked or offensive) and haram (any act or deed which is prohibited).
Mubah, among the mentioned classes is the only “activity that legislator let the muqallaf free to choose or not.” (Zükiyyüddin Şaban 1996: 253). In all other classification except this one, legislator demands muqallaf to do or not to do an activity. Classifications under consideration are formed according to the definitivity level of this demand.
An Explanation about Mubah
There is another matter, which is not mentioned in the sources related to the methodology of Islamic law that should be remembered is about the understanding of mubah. For a behavior to be accepted as mubah in religion does not mean all the details related to that behavior are also mubah. Thus, “mandub” and “nafilah (optional)” are of the same kind. For example, although the definition of mandub is made as “an action that the legislator wants to be done without making it mandatory and does not criticize to leave the action” (Şa’ban 1996: 244), once mandub prayer or fast like services are started, principles and requirements of those services become like fardh services. For example sunnah and fardh part of asr –a mid-afternoon- prayer have no differences related to the principles and requirements. Qiyam (the standing position during prayer), qiraah (reciting Quran during prayer), ruq’u (the bowing performed during prayer) and sujud (the kneeling down position during prayer) are fardh in sunnah part of a asr prayer just like in the fardh part of the prayer. The difference mentioned is about to choose or not to choose to perform the service. Performing fardh part of the facr -morning prayer is mandatory but performing sunnah part of asr prayer is optional. If a believer performs it gets reward, if not it doesn’t result in a punishment in the hereafter. Neutral activities are like this, too. That is, an individual cannot be forced to an activity like eating, drinking, talking or being quiet. Muqallaf can choose whatever he wants to do among them. Besides, this matter is not unquestionable at the end. Meaning, an individual does not have any right “not to eat” for a long period of time. This means he/she cannot perform death fast and torture his/her body through hunger. Because according to religious viewpoint “body is also a divine trust (amanah) like soul and life”. So, he/she has to show respect for the trust and behave according to the guiding laws which is drawn by the authority that gave the trust.
In spite of this, human beings naturally eat, drink, work, have rest, be silent or talk. Things that are subject to nature cannot be subject to a commandment or prohibition in the law of religion. Only some of the attributes that occur in the mentioned activities can be subject to commandment or prohibition. For example “eating” is not a demand of religion but “not wasting” is. Hence, in the verse of “... eat and drink [freely], but do not waste: verily, He does not love the wasteful!”(Quran 7/31) “eat and drink “ phrase is only a preface of the “do not waste” demand. But if an individual chooses one of these, he/she again faces with the classification of af’al-e muqallafeen. Because an individual has to be concerned about the thing he/she is eating not to be one of haram foods, be thankful to the One who gives the food, and intend to spend the energy gained from the food in halal manners. With this manner, eating itself becomes a religious service; otherwise it becomes makruh or haram according to the circumstances.
Having this point of view it is seen that an individual who submits to Islam as a religion is a “muqallaf’’ in every moment of his/her life. But as it mentioned above af’al-e muqallafeen are of different levels and among these levels only “fardh and wajib” are the ones that certainly put burden on muqallaf and cannot be quitted or neglected. “According to the most of faqeeh (Islamic scholar who can give an authoritative legal opinion or judgment) wajib and fardh have the same meaning. Although Hanafees make a distinction like; hukms (a judgment on legal issues, especially with regard to religious matters; ruling in the Qur'an or Sunnah) that are settled by daleel qat’i (definite proof) are fardh and hukms that are settled by daleel zannee (circumstantial proof) are wajib, they have consensus with others on certainty of doing wajib as well as fardh. That is the reason why they name wajib as ‘practical fardh’.” (Salim Öğüt, DİA, X: 452). Because in usul al-fiqh (the roots of the law and refers to the study of the origins, sources, and practice of Islamic jurisprudence) fardh means “the activity that religion demands from muqallaf in certain and restrictive way.” (İbrahim Kafi Dönmez, “Farz” DİA, XII: 184).
After these explanations, it is obvious that a Muslim who accepted Islam is under some obligations and to perform them is not volitional but essential.
Relation of This Matter with Itiqad and Iman
In the religion of Islam, since all the actions can arise to the state of “amal” through iman (Trust, faith and acceptance), itiqad ((belief)comes before amal. Because “amal is all the acts and behaviors that are subject to reward or punishment in this world and in hereafter.” (Süleyman Uludağ, “Amel, DİA, III, 13). As a matter of fact it is stated in Quran that: “On that Day will all men come forward, cut off from one another, to be shown their [past] deeds. And so, he who shall have done an atom's weight of good, shall behold it; and he who shall have done an atom's weight of evil, shall behold it.” (Quran 99/6-8)
And iman is “confirming Prophet Muhammad on things he notified in the name of religion.” (Mustafa Sinanoğlu, “İman”, DİA, XII: 212). In other words after believing in Allah, believing His prophet and believing and accepting everything sent by Allah through prophet. Accepting a hukm as Allah’s commandment is of this sort. Any behavior without this kind of acceptance has no reward before Allah. For example if an individual stays hungry and thirsty –and meet other requirements, too- from dawn to sunset in order to accomplish Allah’s commandment, meaning, this individual fasted and has right to get the reward put for those who fasts. But if an individual behaves the same way intending to go on a diet he/she is not considered as performing a service and therefore would not have the right to get the reward put for those who perform religious service. Same situation goes for alcoholic drinks, too. An individual who stays away from alcohol for health issues may not have the right to reach the same reward.
Because of this principle, first of all a Muslim shall accept a behavior as religious command and then comply with the command intentionally. Therefore that behavior becomes “religious”. This subject is considered extremely important and found worthwhile to be examined according to scholars in fields of kalam (The name applied to the discipline of philosophy and theology concerned specifically with the nature of faith, determinism and freedom, and the nature of the divine attributes.) and fiqh. (Süleyman Uludağ, “Amel”, DİA, III: 14, İbrahim Kâfi Dönmez, “Amel (Fıkıh)”, DİA, III: 16). Because Prophet Muhammad said: "Actions are by intention, and every person will receive what he intended. So whoever intended to migrate for the sake of Allah and His Messenger, then his migration will be for Allah and His Messenger. And whoever intended to migrate for the sake of some worldly benefit or in order to marry a woman, and then his migration will be for that which he migrated." (Bukhari, Bed’ü’l-Vahy 1, İman, 41, Itk 6, Menâkıbu’l-Ensâr 45, Nikâh 5, Eymân 23, Hiyel 1; Müslim, İmâret 155; Abu Davud, Talâk 11; Tirmidhi, Fedâilu’I-Cihâd 16; Nesâî, Tahâret 60; Tirmidhi, Fezailü’l-cihad 16; Talak 24, Eyman 19; Ibni Mace, Zuhd 26).
In a meeting where the subject of “Appearance, Dressing and Hijab (to veil oneself) in Islam” is discussed, eight declarations are presented and debated under eight main headlines. First main title, therefore first proceeding, of this meeting is “Dressing and Hijab in the Context of Islamic Itiqad”. The owner of the proceeding, Bekir Topaloğlu, being the most senior and competent person this country raised, considered this matter relating to kalam and itiqad perspective in his declaration and said:
“The subject of dressing and hijab partially takes place in hukms of amal (actions) regarding to salah (any one of daily five obligatory prayers) and hajj (pilgrimage to Mecca), takes place in hukms of akhlaq (The practice of virtue. Morals) regarding to social and family life of a Muslim. At first sight, this subject may appear as if it has nothing to do with hukms of itiqad. But if there exist some nass in the declaration of Prophet Muhammad relating to clothing and hijab, that is, this subject constitutes one of the fundamental rules of religion. In that case, we are going to accept the existence of clothing and hijab as one of the zarooraat al deeniyah (absolute necessities of religion).” (Topaloğlu, 1991: 13)
Zarooraat al deeniyah( absolute necessities of religion) meaning “essential principles of iman that are in Quran and explained by hadith” do not consist of only the famous six elements. To believe and to confirm any hukms of itiqad, ‘amal, and akhlaq that are proven to be from the religion as fardh, halal or haram is the requirement of being Muslim.” (Mustafa Sinanoğlu, “İman”, DİA, XXII, 214)
Religious Hukm of Hijab
Subject of this study is of course to examine the religious foundations of Muslim women’s hijab. Besides, considering Islam being the last religion revealed ,it will be very convenient to investigate approaches in the holy texts of former celestial religions.
a. Hijab’s Hukm in Other Religions
Before examining religious hukm in Islam concerning hijab, we find it helpful to examine other two celestial religions; Christianity and Judaism. Because according to our belief the source of all these three religions is divine and that’s why it is possible to find some similarities in rulings in spite of possible distortions occurred in religious texts, therefore in rulings, of other two religions. In spite of those scientists, who do not admit religions to be based on revelation or rather who refuse to explain the sources of religion with revelation, trying to explain this situation by some rules of Islam to be plagiarized from other religions, people who believe in Quran explain it by all three of the religions to be revelation centered. Thus, in the verse that orders to fast it is said that: “O you who have attained to faith! Fasting is ordained for you as it was ordained for those before you, so that you might remain conscious of God” (Quran 2/183) As it is clearly seen, Allah declared that He ordained fasting for former societies.
The situation is likewise in clothing and veil. Naturally, there are some similarities between the rulings of different religions on this matter. For example Torah put a ban on women not to be clothed like a man. In Torah, related sentences stated in the following: "A woman shall not wear man's clothing, nor shall a man put on a woman's clothing; for whoever does these things is an abomination to the LORD, your God. (Deuteronomy 22/5). On the other hand according to Judaism women shall veil their hair and opening a woman’s hair can be done only by a priest and it is an act of humiliation. The sentence related to this ruling in Torah is: “The priest shall then have the woman stand before the Lord and let the hair of the woman's head go loose...” (Numbers 5/18). Besides, a woman to open her hair in public is accepted as a humiliating behavior of hers. (İshaya 3/17). This is why, according to Jewish scholars, a married woman who shows her braids shall be punished. Even according to Talmud a man can divorce his wife if she opens her hair in public. According to some others, it is prohibited to read holy texts in homes in which woman stays without veil. (Ömer Faruk Harman, DİA, “Kadın: İslam Öncesi Dinlerde ve Toplumlarda Kadın”, XXIV: 84).
There are some commandments and explanations in religious texts of Christianity concerning this matter. For example the sentences below are quite clear: “Every man who prays or prophesies with something on his head dishonors his head and every woman who prays or prophesies with her head uncovered dishonors her head, which is the same as having her head shaved. So if a woman does not cover her head, she should cut off her hair. If it is a disgrace for a woman to cut off her hair or shave her head, let her cover her own head.”(Corinthians 11/4-6 International Standard Version of Bible)
a. Hijab’s Hukm in Islam
Islam’s hukm in regard with this matter is more explicit and clearer than the approaches of other two religions. Because, the nass (verses and hadith) that establishes the rules on this matter cannot even be compared with the rulings of other two religions with respect to content and quantity.
We would like to convey two fatwas (fatwa: A legal opinion given on a religious basis) relating to this matter given by The Higher Committee of THE PRESIDENCY OF RELIGIOUS AFFAIRS at two different times. We think these fatwas are sufficient enough to put religious hukm on this matter. Besides, being satisfactory from scientific perspective, these fatwas are supposed to be considered important for showing place of this institution in secular system and the mission carried by it. Therefore, before presenting fatwas we would like to draw attention to the points mentioned below:
1- The Higher Committee for Religious Affairs is a committee of experts built in The Presidency of Religious Affairs. The place of The Presidency of Religious Affairs in secular structure of Turkish Republic always drew attention and be questioned by some. Even those who had to defend the institution do not feel comfortable about it. Because a theoretical frame fits this structure is not reached, yet. Most of the time, this matter -as well as many others- is avoided to be discussed because of “Turkey’s distinctive circumstances”. But as it is clearly stated by some straightforward people understanding of secularity in this country is not built on the form of “protecting religious freedom” but “controlling religious thoughts and behaviors”. Laicism is not interpreted as “separation of religious and governmental affairs” but “suppression of religion by government” with the reason of “filling basic principles of Republic”. So, “Religious commissary” is converted into an ordinary “government officer” and central religious authority is tied to prime ministry. Therefore some of the experts think “principle of believing in having rights to interfere the religion” is applied as laicism instead of “principle of neutrality of government against religion”. Hence, The Presidency of Religious Affairs is being perceived as an agency to perform this mission and it is allowed to represent any other meaning or value.
Although I put emphasis on this matter as an important point which should be investigated and evaluated separately, I would like point this out: The “fatwa” that is going to be published below is written up by such institute. This has a meaning and importance. Therefore people and institutes who/which put serious emphasis on this matter, should not disregard this point. Because on one side there are effective and empowered parties and their unofficial supporters which turns “headscarf” issue into “regime” problem and on the other side official agency which should operate in accordance with regime’s commandments and directions. It is very natural for the mentioned institution to act comforting those who consider themselves as owner of the regime and thinks the regime is in danger. But in spite of all efforts and struggles, this official agency could not find an opportunity to make a step to comfort the mentioned parties on the issue of “headscarf” which is perceived as a big threat and danger for the regime. On the contrary the institute had to make an explanation that disappoints their expectations.
While evaluating this situation, we think there are two reasons to conclude this way: First, scholars in fatwa committee to act with sense of both religious and scientific responsibility.
Second, nature and characteristic of the subject on which they investigate and have to deliver an opinion. This matter has a special feature; it is one of the rare extant subjects reached today with the agreement of all ulama (scholars) without showing any deviation throughout history. As it is mentioned in the texts of fatwa which will be conveyed below, until 20th century ulama had agreement on religious hukm of this issue. First well coordinated opposing opinion on this subject came from Egyptian Kasım Emin. When his study named Tahrîru’l-Mer’e (Freeing Woman) published, it aroused indignation both in Egypt and in other regions of Islamic world. Because “ by approaching to his thoughts as a whole it is seen that he is affected from Western rationalism like other members of school of ıslah (reformation), he uses the concepts of freedom, progress, civilization and science and establishes his ideas around these concepts.” (Fethi en-Neklâvî; “Kâsım Emin”, DİA, XXIV, 541).
Hereby, we would like to point this out: The phenomenon we examine here, various comments may be made on the evaluation regarding to The Presidency of Religious Affairs and starting from this point it may led crisis between the institutions. May be this is the reason, discussing such an issue can be discussed from ethical point of view. But we have to remark this with an honest approach: the headscarf matter has been so abused and manipulated, even people with good intentions begin to suspect about it. In such an environment we pointed the aforementioned reality out to put emphasis on: Fatwas of The Presidency of Religious Affairs relating to this matter is important in respect of pointed sources in the texts and reached results as well as in respect of strategic place of the institution that expresses opinion on this matter. Which means two said fatwas gained special importance for both sensitivity of its subject and the special location of the institution, in which they are published, in the system. As it is mentioned above, this side of the matter should be discussed in detail by experts.
2- Although the Higher Committee for Religious Affairs is criticized for some of its members not being expert in Basic Islamic Sciences, yet majority of members are experts in Islamic faith. Therefore we have to admit their decisions and opinions depend on scientific principles and have objective characteristic. Above all if the published opinion has “correctional” but not “confirmative” characteristic, that is, having the impression it puts up resistance against some pressure, naturally we have obligation to show more consideration and respect towards such an opinion.
A Brief Explanation about Fatwa
We think it is very beneficial to make an explanation on the concept of “fatwa”. Because according to our opinion this concept is diluted and its seriousness is damaged these days.
“Fatwa is an answer to a jurisprudential issue which explains religious and legal hukm of it.” (Fahrettin Atar, “Fetva”, DİA, XII, 486). Although the fundamentals of the matter are serious this much, some people, who perceives religious matters as state owned treasury, to present their personal opinions with fatwa style put the matters they discuss out from being fiqhee (jurisprudential) as well as draw their opinions and thoughts away from being “an explanation on religious hukm of the matter”.
By virtue of its importance, I would like to go over a few details regarding to the matter: “Ifta (giving fatwa) is only explaining and notifying a shar’i (Islamic Law) hukm. In a sense Mufti’s (an Islamic scholar who is an interpreter or expounder of Islamic law [Shari’a], capable of issuing fataawa [plural of "fatwa"]) fatwa is explaining a religious hukm exists in Quran and sunnah (what the Prophet did or said or agreed to during his life) and determining its scope.” (Fahrettin Atar, “Fetva”, DİA, XII: 486-487). This is why ulama of Islam perceived giving fatwa as a task which religiously too risky and tried to stay away as much as possible throughout history. Even Imam Abu Hanifah who is the founder of Hanafee school and a great Islamic Law expert complained about this matter. Warnings on this issue are serious enough to put muslims hearts in their mouths. (See Nevevî, Âdâbü’l-Fetvâ ve’l-Müftî ve’l-Müsteftî, Dımaşk, 1411/1990, s. 13-17). But sensitivities of this kind are weakened nowadays and some people, who are not aware of seriousness of the matter, do not avoid giving bold and careless rulings. And this situation makes it harder to solve religious issues.
After these reminders we can convey the fatwa given by The Higher Committee for Religious Affairs in The Presidency of Religious Affairs.
First Fatwa:
The Presidency of the Higher Committee for Religious Affairs
Subject: Clothing of those female students who study in Imam-Hatip High School (Islamic Divinity Students High School)
Date of Decision: 30.12.1980
Decision number: 77
“Minister Mehmet Özgüneş from The Ministry of Education requested an opinion from Higher Committee of Religious Affairs to form an official view in regard with the dress code of student who is in Imam-Hatip High School (Islamic Divinity High School). This request is dated 22.12.1980 and numbered 018323. An official communication is written in response to request dated 22.12.1980, numbered 5.05 – 1020 by Higher Committee of Religious Affairs. In accordance with the duty, authority and responsibilities assigned in the article 5th of the law, numbered 633, About Establishment and Duties of Presidency of Religious Affairs, the requested subject matter is examined from religious, legal, and other aspects.”
Here we are going to convey the part related to “Religious Side” only. Those who want to see the section related to “Judicial and Other Sides” may apply to the study titled “İslam’da Kılık Kıyafet ve Örtünme (Appearance, Clothing and Hijab in Islam)” (1991: 177-183) which is booklet form of a debate forum.
At the end of debates:
1-In 31st verse of surah Noor of Quran it is said that:” 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...”
2-In the period prior to Islam (Jahiliyah era) women, who use head-scarf, were tying head-scarf on their nape or releasing it behind and let their neck and bosom open. Allah certainly forbids this custom of Jahiliyah by this verse, commanded Muslim women to draw their head-coverings in a form to close their hair, head, ears, neck and bosom.
Authority to explain the concise hukms of Quran belongs to Prophet Muhammad who is also on duty to convey it. The parts of body which are concisely declared in this verse by the phrase “what may [decently] be apparent thereof” are explained by a hadith narrated by Hz. Aisha; The Apostle of Allah pointed to his face and hands and said to Asma binti Abu Bakr, who is Aisha’s elder sister, “when a woman reaches the age of menstruation, it does not suit her that she displays her parts of body except this and this” (Sunan Abu Dawud, 4/42, Hadith No. 4104)
In 59th verse of surah Ahzab, it is said: “O Prophet! Tell thy wives and thy daughters, as well as all [other] believing women, that they should draw over themselves some of their outer garments [when in public]: this will be more con¬ducive to their being recognized [as decent women] and not annoyed.”
In this verse Muslim women are commanded not to go out with their housedresses and to take an outer garment that does not show their body shape.
Mujtahids and faqeehs of Islam -depending on the verses above and hadith narrated by Aisha - agreed on the necessity that Muslim women shall cover their whole body except hands, face and feet not only in salah (prayer) but also in front of those with whom marriage is allowed in religious aspect . Besides The Book and The Sunnah, which are basic sources of Islamic rulings, this matter is understood like this since the era of companions of Prophet Muhammad and their followers; therefore agreement of ummah on women’s hijab is composed in every century. Hence, implementation in Islamic countries continued like this from the day Islam was born until today. And none of the Islamic scholars declared an opposing opinion.”
Although this fatwa, which is published with a great insight and perhaps took some risks, includes not only female students but all Muslim women that reached the age of menstruation, The Presidency of Religious Affairs had to issue following fatwa in another date.
Second Fatwa:
The Presidency of Religious Affairs of the Prime Ministry of the Republic of Turkey
The Presidency of the Higher Committee for Religious Affairs
Number: B.02.1.DİB.0.10/212
Subject: Hijab
Decision number: 6
Date of Decision: 3.2.1993
Decision of the Higher Committee for Religious Affairs
Because of the questions asked from time to time relating to clothing of women in Islam, the matter is examined by our institution:
In 30th verse of surah Noor after men are commanded to lower their gaze and to be mindful of their chastity, in 31st verse it is said that: “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 the rest of the verse describes who women may display their charms that are not apparent.
1- LOWERING GAZE AND BEING MINDFUL OF THE CHASTITY: As it is seen both men and women are commanded to lower their gaze, to cover their private body parts, to be mindful of their chastity by protecting themselves from adultery, prostitution or anything causes that. Prophet Muhammad said: “The adultery of the eyes is the lascivious sight”’, therefore gazing at a forbidden thing described as adultery of the eye. 1-But in some hadith it is described that accidental gaze at a forbidden thing is not the same as intentional gaze.2- Depending on the verses above and relating hadithes, Islamic scholars agree it is forbidden for men and women to look lasciviously at anybody except their spouses. Looking -within the conditions and limits drawn by fiqh- is allowed in case of absolute necessity or need, like the case of medical treatment, testimony and marriage. In the absence of danger of temptation and fear of lust for both men and women, hukms related who to look from among relatives and strangers and where to look at, exist in fiqh books with the proofs.
2- HIJAB: After these commands, in regard with women’s hijab, Surah Noor 31st verse commands women not to display their charms [in public], beyond what may [decently] be apparent thereof; hence, let them draw their head-coverings over their bosoms. Prior to Islam (Jahiliyah era), those women wearing head-scarf were tying head-scarf on their nape or releasing it behind. Allah certainly forbid this custom of Jahiliyah by this verse, commanded Muslim women not to display their charms [in public] beyond what may [decently] be apparent and to draw their head-coverings in a form to close their hair, head, ears, neck and bosom. Aisha said: “May Allah bestow His Mercy on the first Muhajirat (emigrants). When Allah revealed, ‘let them draw their head-coverings over their bosoms’, they cut part of their skirts and covered themselves with it.”4 Again once, Aisha mentioned appraisingly the women of Ansar (the inhabitants of Madinah), she told how they comply with the command of hijab.5
3- BODY PARTS THAT ARE NOT NECESSARY TO BE COVERED: Concise statement of “charms what may [decently] be apparent thereof”, which are excluded from charms that are commanded to be covered, as “face and hands up to wrists”.6 is interpreted by many Islamic scholars -including Hazrat Ali, Ibn Abbas, Ibn Omar, Anas, who are companions of Prophet Muhammad, Saeed b. Jubair, Ata, Mujahid, Dahhaq, who are the followers of companions, and some of imams like Abu Hanifa, Malik and Avzai.
4- COMPULSARY COVER FOR BODY PARTS: Islamic scholars, who interpreted the concise statement of “charms what may [decently] be apparent thereof”, understood the coverage of charms as hair, head, neck, ears, bosom, arms and legs and –even there are some slight differences in interpretations- agreed it is not religiously permissible to display any of these.7 Those to whom women can display their charms are described in the rest of the verse. When this verse revealed, women of ansar and muhajir cut part of their skirts and hurried to cover their heads as it is stated in the hadith mentioned above. When Asma binti Abu Bakr entered upon the Apostle of Allah while she was wearing thin clothes, the Apostle of Allah stated that it does not suit a woman that reached the age of menstruation to display her body except face and hands. Again, by pointing to his face and hands up to 4 inch from the wrists and he said:” it does not suit a woman who believes in Allah and the day of judgment to display her body except face and hands up to here when she reaches the age of menstruation.” These examples show commandments in this verse are compulsory and women are obliged to cover their charms as described above.
5- THE PURPOSE OF HIJAB: The purpose of religious commandment of hijab is women to cover their charms from those who are not their spouses or mahrams, and not to let their charms to be seen by those who are not their mahrams. This is why the clothing should be thick enough to prevent hair, skin color or charms to be seen through and it should be loose enough to hide body shape.8 There are many hadith available besides those mentioned above.9 Surah Ahzab verse 59th states: “O Prophet! Tell thy wives and thy daughters, as well as all [other] believing women, that they should draw over themselves some of their outer garments [when in public]: this will be more con¬ducive to their being recognized [as decent women] and not annoyed.” In this verse Muslim women are commanded to take an outer garment, which is loose enough to hide their body form, when leaving their houses and not to leave their houses with their home dresses. Surah Noor verse 60th states that old women may discard their outer garments (like overcoat, etc.) in public provided that they do not display their charms described in 31st verse of same surah. The 60th verse follows:” AND [know that] women advanced in years, who no longer feel any sexual desire, incur no sin if they discard their [outer] garments, provided they do not aim at a showy display of [their] charms. But [even so,] it is better for them to abstain [from this]”
CONCLUSION:
1. Both men and women to lower their gaze.
2. Women to cover their entire body except hands, face and feet in front of those with whom one is religiously allowed to get married, with loose clothing that is not form fitting to the body and not showing the color of the body.
3. Women to draw their head-covers on their bosom in a form that covers their hair, head, neck and bosom are the certain commandments of our religion stated by Quran, Sunnah and agreement of Islamic scholars. It is a religious obligation for a Muslim to perform these commandments.