The All India Muslim Personal Law Board (AIMPLB) on Tuesday expressed anguish over the Karnataka High Court ruling that hijab is not an essential religious practice of Islam.
In a statement issued to the media, AIMPLB General Secretary Maulana Khalid Saifullah Rahmani, who is based in Hyderabad, said that the board would soon take an appropriate decision on its future course of action.
Maulana Rahmani described the Karnataka High Court judgement on hijab as a stand against Islamic teaching and the principles of Sharia. It also violates Article 15. Injunctions that are categorised as farz and wajib are mandatory and not observing them is a sin.
“In this regard, hijab is mandatory. Those who do not observe it are not out of the fold of Islam, but are sinning. To say that hijab is not essential to Islam is improper,” he said.
Maulana Rahmani pointed out that not following Islamic injunctions, such as doing the namaz or fasting, does not imply that they are not mandatory.
He said that the choice of clothing is a constitutional right, and any prohibitions imposed by the government are akin to curtailing individual liberties.
Meanwhile, the Students Islamic Organisation stated that the judgement has overlooked the issue of access to education. The student body pointed out that the case highlights the “defects” of the essential practices doctrine and that they organisation does not agree with the “selective” reading of an “English translation of the Quran”, and that it has excluded many other translations and interpretations.
“The court has also given a particular meaning to uniform and dress code, where the stress is on homogeneity rather than uniformity. The principles of tolerance, balance and accommodation that are indispensable in a plural, multi-religious and culturally diverse country like India, have been ignored.”
“ The allowing of turbans and even kirpans for students of the Sikh community is a reflection of a broad principle of tolerance and empathy. The question of hijab could have been dealt with in a similar vein,” it added.
