Lucknow: Muslim Clerics have spoken out against the Allahabad High Court order that said hijab is not an essential part of Islam.
The Court has dismissed a petition filed by a minor student of a school in Prayagraj, who had sought permission to wear a hijab along with her school uniform.
The petitioner failed to present any religious scriptures or material to prove that wearing a scarf is an “essential” part of her religion, without which her faith would be affected, the Court observed. In the photographs, other students from the same religious community were seen not wearing headscarves, the Court noted.
Maulana Khalid Rasheed, chairman, Islamic Centre of India, asserted that Hijab was an integral part of their religion and girls should be allowed to wear it in schools, in addition to the uniforms.
“Hijab is an integral part of Islam, and there is no confusion about it. Allah himself gave the order for pardah in the Quran. So, saying hijab is not an integral part of Islam is not correct. School uniforms should be worn by all students; however, girls should be allowed to wear hijab, just as children from other religions wear items of religious significance when attending school. I don’t think hijab is against any rules and regulations; moreover, it fosters modesty,” he told ANI.
His sentiments were echoed by Saif Abbas, a Shia religious leader. He argued that if a small percentage of Muslim women do not wear the hijab, it cannot be said that it is not an integral part of Islam.
“We are not opposing school uniforms; the dress code should be followed. But if a student is asking permission to wear the hijab, she should be allowed to do so as per the Constitution. Quran asks women to wear the hijab, and it is an integral part of Islam. If some women don’t wear hijab, it cannot be said that hijab isn’t a part of Islam. A large percentage of women wear hijab. The counsel in the court, I believe, could not make it clear that hijab is integral to Islam. The matter should be taken to the Supreme Court,” Abbas said.
As long as a dress code is uniform, made in good faith, non-discriminatory, and aimed at maintaining discipline and institutional identity, the determination of the uniform falls primarily within the jurisdiction of the school, the High Court stated in its order.
Even if the student had been wearing a scarf in lower classes without hindrance, it does not grant her a permanent or enforceable right to compel the school to change its uniform policy, the Court observed.
The division bench of Justice J J Munir and Justice Indrajit Shukla clarified that the school is not curtailing the student’s freedom of faith but is merely demanding institutional discipline, of which the uniform is an essential part.
The petitioner student had passed her Class-X board examination from a private school and wanted admission into Class 11 there. She claimed that she had been wearing a scarf over her school uniform since Class 6 and no objection had ever been raised. However, at the time of admission to Class 11, the school management stated that wearing a scarf was a violation of the dress code and refused her admission on those grounds.
