Why is my Hijab Your problem: A Jurisprudential Analysis of women behind the Veil

Abstract

The socio-cultural development of any society is judged on the basis of the status of the women in that society. Better the say and rights of women in the society, better is the socio-cultural status of the society. The same can be easily said if we look at the status of any women in any section of the society. And depending upon the disparity of the women rights and status, the cultures are valued and discussed upon.

Hijab is one such aspect of the women which has attracted the attention of two different extreme opinions as far as the status of women in society is concerned. One major set is the Islamic countries which associate hijab with modesty of female and claim it as a practice that keep women at bay from the lustful eyes of the society. It has been made synonymous to the integrity of the female. And the fact that the society has changed, does not mean that the female should shed away the hijab to meet the western concepts of liberty.

On the other hand, there is a viewpoint which symbolizes hijab with torment and shackling of women through such customary practices and a way to put women at bay from the wave of development. The argument that the status of the women in society can not be prejudiced because of some customary and orthodox principles of the religion which has been interpreted to subside the interest and growth of the women in the society is heavily relied upon.

The fact that the world is divided on these lines and few countries like France and Belgium have put a ban on hijab and some Islamic countries are adamant and strictly following the concept of hijab. Both set of viewpoints have been the reason of the implementation of their set of laws. Amidst all these, the real and crucial point of discussion is eclipsed i.e. the choice of women, her will and whether the concept of hijab is against the development of women. The status of women, with or without hijab cannot be decided by the extreme notion of the concept of hijab.

This article is jurisprudential analysis of this debate on the analogies of Jeremy Bentham who supports the concept of hedonism and Robert Nozick who values the ideals of individual liberty.