Restrictions on wearing the hijab or burqa 'unwarranted', would infringe on personal freedom

By Osman Sher* 

The recent fatwa issued by Mufti Kanthapuram A.P. Aboobacker Musliyar, General Secretary of the Samastha Kerala Jam’iyyathul Ulama—calling for women to be confined to their homes and preserved like ornaments in a box—is deeply troubling. Islam does not treat women as objects. It grants them the right to inherit and own property, to enter marriage only with their consent, and to uphold modesty in appearance and behavior, just as men are required to do.

Religious practices are always culturally specific, shaped by unique experiences and the meanings they generate in people’s lives. Each culture is sui generis—irreducible to the assumptions of another. Within this context, the practice of veiling the face, covering the entire body, or covering only the hair is found primarily among religions that originated in the Middle East: Judaism, Christianity, and Islam. For societies outside these traditions, such customs often appear unintelligible. Had these practices possessed universal moral or material value, they would likely have been adopted elsewhere.

The Qur’an prescribes modesty for both men (24:30) and women. Additional guidance is given to women because of physical differences. The key verses on women’s covering include 24:31:

“And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their zeenat (charms) except what ordinarily appears thereof; that they should draw their coverings (khumurihinna) over their bosoms (juyubihinna)…”

The verse continues by listing close relatives before whom zeenat may be displayed. The accompanying phrases—“what ordinarily appears,” “male servants free of physical needs,” “children who have no sense of women’s nakedness,” “should not strike their feet,” and “hidden charms”—indicate that zeenat refers primarily to the curvature of the breasts, which should be covered.

Another relevant verse, 33:59, instructs:

“O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over themselves when going outside: that is more proper, that they may be recognized and not molested.”

This verse is conditional in terms of time and place. It was directed first to the Prophet’s family and then to Muslim women of that era. The purpose was social protection in sixth‑century Makkah, a city that had become a major religious and commercial hub. The breakdown of social order—marked by gambling, drunkenness, promiscuity, and violence—made it necessary for respectable women to be visibly distinguished to avoid harassment. As Abdullah Yusuf Ali notes, distinctive public dress has long served as a marker of honor in both Eastern and Western civilizations.

Importantly, the Qur’an does not mandate covering the face, full body, or hair. Yet many Muslim women adopt these practices as religious obligations. Covering the face is especially inconsistent with Qur’anic guidance, given that women are instructed to keep it uncovered during Hajj, one of Islam’s most sacred rites.

The tradition of covering the hair is rooted in Middle Eastern culture, not Qur’anic injunction. Jewish and Christian women historically practiced it as well. In ancient Judaism, head covering symbolized nobility and modesty, though it was not commanded in the Torah. Rabbinic instructions elevated the practice to near‑sacred status. A woman’s uncovered hair was associated with impropriety, even grounds for divorce without dower. Jewish men were forbidden to look at the hair of married women. Stories such as that of Qaroon’s companion On, found in Num. R. xviii. 20, illustrate how deeply entrenched this custom was.

Christianity inherited similar norms. In Corinthians 11:3–6, St. Paul insists that women praying with uncovered heads dishonor themselves. Christian women therefore cover their heads during worship, and nuns maintain the practice permanently. Given that Judaism preceded Christianity in the region, and Islam followed both, it is unsurprising that head covering became a shared cultural tradition among Jewish, Christian, and Muslim women.

Despite this history, restrictions on wearing the hijab or burqa are unwarranted. Such prohibitions would infringe on personal freedom. Individuals should be free to express themselves within the bounds of decency, whether they choose to cover or not.

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*Former diplomat settled in US