Muslim clerics in Lucknow on Tuesday called for a review of the Allahabad High Court’s observation that wearing a headscarf (hijab) is not an essential religious practice in Islam, saying the order needed reconsideration. Sunni and Shia clerics said hijab has religious significance and claimed the lawyers representing the petitioner had failed to present the case effectively. They said they may approach the Supreme Court if the review plea is rejected.
The court had dismissed a petition filed by a minor student of Tagore Public School in Prayagraj seeking permission to wear a headscarf with the prescribed school uniform.
A bench of Justices JJ Munir and Indrajeet Shukla, in its August 21 order, observed that the petitioner had failed to place religious scriptures or other material before the court to establish that wearing a hijab was an essential religious practice. The judges also noted that other girls from the same religious community at the school were not wearing scarves.
Maulana Khalid Rasheed Farangi Mahali, chairman of the Islamic Centre of India and a member of the executive committee of the All India Muslim Personal Law Board (AIMPLB), sought a review of the order. “The High Court’s decision regarding Hijab needs a review; there must be some confusion in it. As far as Islam is concerned, Hijab or Pardah is an integral part of Islam, proven through the Holy Quran and Hadees,” he said.
He said girls who wanted to wear a hijab to school should not face discrimination. While a school uniform could be compulsory, he said, the hijab should also be allowed because of its religious significance.
{{/usCountry}}He said girls who wanted to wear a hijab to school should not face discrimination. While a school uniform could be compulsory, he said, the hijab should also be allowed because of its religious significance.
{{/usCountry}}Farangi Mahali said the AIMPLB would seek a review and its legal experts would present the case with facts and references. He also said it appeared that the lawyers had been unable to present the case effectively before the court.
Shia cleric and president of the Shia Markazi Chand Committee, Maulana Saif Abbas, said he had no objection to a school dress code but maintained that a student seeking to wear a scarf with the prescribed uniform should be allowed to do so.
He said hijab or pardah was compulsory in Islam and referred to Surah An-Nur in the Quran. “It is clearly stated in Para 24 (Surah An-Nur) of the Holy Quran that Hijab is compulsory. Therefore, we are not ready to accept that the Hijab is not integral to Islam,” he said. The cleric also argued that the practices of some individuals who did not follow a religious practice could not be used to determine whether it was integral to the religion.
Maulana Yasoob Abbas, general secretary and spokesperson of the All India Shia Personal Law Board (AISPLB), termed the observation “very sad”. “Hijab is absolutely compulsory in Islam. It is wrong to stop any girl from wearing a hijab and attending school,” he said.