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Legal Actions against Individuals Casting Doubt Concerning Definite Religious Doctrines/ Raising doubt is a jurisprudential crime

Tuesday, 29 May 2012 12:37
Published in News

Ayatollah Hadavi Tehrani, lecturer of advanced jurisprudence and legal theories, said that the Islamic modest dress or what is referred as Hijab is one of the indisputable religious doctrines. He said that denying this doctrine and casting doubts about it can be regarded as an instance of creating insecurity and a serious jurisprudential offense. “Even the enemies of Islam know that the Islamic modest dress is an Islamic doctrine,” he stressed.

Ayatollah Hadavi Tehrani, speaking to Mehr reporter about Islamic dress code, said, “Some Islamic concepts are considered to be a clear and conspicuous part of the religion with no Islamic sect denying it.”

Ayatollah Hadavi Tehrani further added that such concepts have been accepted as a common ground by Muslims beyond the arguments presented in the Quran, traditions or in history. “These concepts e.g. the prohibition of usury and wine which the Quran makes reference to and which are considered to be a part of the conspicuous rules are prerogative of Islam,” he said.

Hijab is one of the essentials of Islam

Ayatollah Hadavi Tehrani further added, “Hijab or the Islamic modest dress is an essential part of Islam about which there is no doubt or disagreement among various Islamic sects. In fact,   there are verses in the Holy Quran which make direct and explicit reference to the concept of Hijab. For example, in verse 31 of Sura al-Noor, God, the Exalted says:

وَ قُلْ لِلْمُؤْمِناتِ يَغْضُضْنَ مِنْ أَبْصارِهِنَّ وَ يَحْفَظْنَ فُرُوجَهُنَّ وَ لا يُبْدِينَ زِينَتَهُنَّ إِلاّ ما ظَهَرَ مِنْها وَ لْيَضْرِبْنَ بِخُمُرِهِنَّ عَلى جُيُوبِهِنَّ وَ لا يُبْدِينَ زِينَتَهُنَّ إِلّا لِبُعُولَتِهِنَّ أَوْ آبائِهِنَّ...

Say to the believing women to lower their eyes and guard their private parts, and not display their ornaments (zinat) except what is apparent outwardly, and cover their bosom with their veils (hýmar). And not show their ornaments except to their husbands or their fathers or the fathers of their husbands or their sons or the sons of their husbands or their brothers or the sons of their brothers and the sons of their sisters or their women or their captives or male servants free of physical need or small children who have no sense of the shame of sex. They should not strike their feet in order to draw attention to their hidden ornaments. And O believers! All of you shall repent to God that you may succeed.”

Also, the president of the Porch of Wisdom Institute stated that according to verse 59 of Sura al-Ahzab, God says to the Holy Prophet:

"يا أَيُّهَا النَّبِيُّ قُلْ لِأَزْواجِكَ وَ بَناتِكَ وَ نِساءِ الْمُؤْمِنينَ يُدْنينَ عَلَيْهِنَّ مِنْ جَلاَبِيبِهِنَّ ‏..."

“O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested.”

There are many narrations mentioned under the same verse which truly indicate that the Islamic modest dress has been an established, irrefutable and unquestionable doctrine among Muslims during the time of the Holy Prophet and his Ahlul-Bayt – peace be upon them.

Denying of the indubitable essentials of the religion can be regarded as a crime from a jurisprudential perspective

Referring to the role of the Islamic Revolution of Iran in reviving Islamic modest dress as an Islamic Sunnah (tradition), Ayatollah Hadavi Tehrani said that the Islamic modest dress which is referred to as Hijab was revived in Iran and the Islamic world following the Islamic revolution. What is termed as Hijab in the world following the Islamic revolution of Iran is in fact a kind of return to the Islamic values.  Today, if Muslims are interested in Hijab and seeking adherence to it while the West is confronting it, it is because of the fact that Hijab is regarded as a symbol of Islamic values and civilization.

Criticizing some personal comments made in regards to Hijab, Ayatollah Hadavi Tehrani said, “In such an atmosphere in which even the enemies of Islam know that Hijab is an Islamic doctrine, unfortunately there are some people who negate Hijab casting doubts with their comments. Such comments should be examined and dealt with because such utterances can be considered as a serious crime from a jurisprudential perspective.”

“Such comments must be dealt with legally by the judicial authorities because those who spread such doubts and spurious arguments are standing against an incontrovertible Islamic doctrine. In fact, some jurisprudents are of the view that if a person denies an indubitable and conspicuous doctrine of Islam, he goes out of the pale of the religion. If there are instances of this, they have to be dealt with,” he stressed.

Casting doubt concerning an indubitable Islamic doctrine is an instance of creating insecurity

Ayatollah Hadavi Tehrani added, “Casting doubt concerning an irrefutable and an established religious concept in an intellectual atmosphere within the public culture of society can be considered an instance of creating insecurity and uncertainty. Such actions which serve to expand the concept of muharebah (enmity with God) can be studied with scrutiny. In case, this crime has been committed and it is amongst those crimes for which no punishments has been determined, there is no doubt that this is a crime whose perpetrators deserve to be punished. In fact, legal actions should be taken against the individuals who cast doubt of such nature.”

Speaking about the status of Islamic modest dress among Iranian Muslims, Ayatollah Hadavi Tehrani said that the people of Iran are well-informed and educated. Most of the Iranian women have adopted the Islamic modest dress with knowledge and understanding. Of course, there might be a small minority of women abiding by the Islamic dress code due to the legal obligations but most of those living in Iran have chosen the Islamic modest dress as a better option; they have adopted it as a symbol of their religiosity.

The benefits of Hijab and drawbacks of not covering modestly must be explained/ Quoting a member of the UK House of Commons about the status of woman in Iran

Ayatollah Hadavi Tehrani stressed that there is no doubt among Muslims about the necessity of modest covering. “Most women look at the Islamic modest dress as an Islamic value. If some people look at it with some doubt, it is perhaps because of spurious arguments or misgivings which must be dealt seriously. Those people might be under the impression that Hijab does not originate in the authentic and authoritative Islamic sources. Therefore, the concept of Islamic modest dress must be explained on the basis of religious sources and I am of the view that such people are few and far between in our country,” he said.

He stressed on the need to explain the benefits and privileges of Islamic modest dress and said that the greatest benefit of Islamic modest dress for the Islamic society is the general security or confidence which is provided for women and also for the society in its entirety as a consequence of adherence to Islamic dress code. “This is the benefit which we are unmindful of because we are living in a society characterized by modesty,” he added.

Referring to an article published in Guardian Daily Newspaper  and written by one of the female members of the House of Commons of England, Ayatollah Hadavi Tehrani said, “One of the points mentioned by this woman in her article is that the Iranian women have security and respect, something which the English and Western women are deprived of. She says that Iranian women can walk in the streets alone at night without fear of assault whereas no Western woman can dare walk easily in the streets late at night.

Some social disturbances in recent years stemmed from non-observance of Islamic modest dress

Professor of advanced jurisprudence and legal theories in the Islamic Seminary of Qom pointed out that the present atmosphere prevailing in Iran is owing to the observance of Islamic modest dress. If some social disturbances in the recent years are scrutinized and studied carefully, we will come to know that they stemmed from lack of observance of Islamic modest dress. That is to say, some people created an insecure environment and let a social crime take place by defying the rule of Hijab. Therefore, we must acquaint our society with the impacts and concrete benefits of modest covering and we must also explain the drawbacks of immodesty which is prevalent in Western society.

He added, “Those who have seen the West from close know very well what a deplorable situation woman has in Western society. The statistics of violence and assaults on women in UK and Spain show the extent woman is subjected to disrespect and assaults inside and outside of the family.  One reason for these disrespect and unjust acts against women is the absence of public decency or modesty which eventually leads to invasion of privacy and eradication of modest covering. This has led, to a great extent, to the degradation of woman in Western civilization and in Western family.[1]

 

Office of Ayatollah Mahdi Hadavi Tehrani

 


[1] - Related link: Mehr News Agency

- Asr Iran Analytical News Website