Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the evidence of the hijab rule in jurisprudence and law and the role of the Islamic government in it

Document Type : research

Authors
1 PhD Student of Theology and Islamic Studies-Jurisprudence and of Imam Khomeini's Laws and Thoughts, Khomein Branch, Islamic Azad University, Khomein, Iran.
2 Professor, Department of Theology and Islamic Education, Faculty of Humanities, Saveh Branch, Islamic Azad University, Saveh, Iran.
3 Assistant Professor, Department of Law, Faculty of Humanities, Nurabad Mamasani Branch, Islamic Azad University, Nurabad Mamasani, Iran.
10.22034/ejs.2024.464815.1852
Abstract
Background and Aims: Islamic veil is obligatory for every Muslim man and woman and leaving it is forbidden. according to، The Islamic ruler can invite and oblige the Muslim community to observe the Islamic hijab. A society that has preferred a religious government over a non-religious and secular government، has no expectation other than that the elected government behaves based on the divine law and legal custom. The purpose of this article is Investigating the hijab ruling in jurisprudence and law and the role of the Islamic government in it.
Materials and Methods: This article is descriptive-analytical. Also، this research، with a practical purpose and in the form of documentary and library studies، has investigated the ruling of hijab in terms of jurisprudence and law and the position of the Islamic government in this regard.
Ethical Considerations: In this article، the originality of the texts، honesty and trustworthiness are observed.
Findings: Studies show that the issue of Muslim women observing hijab against non-mahram men is agreed upon by all Islamic sects، but there are differences of opinion in its necessary limits. However، most of the Shia and Sunni jurists have considered it obligatory to cover the whole body except for the face and hands.
Conclusion: The results showed، seven reasons; The way of thinking، the application of the proofs of individual and social religious rulings، the proofs of the prohibition of evil، the proofs entered in special cases of punishment، the application of some hadiths entered in the interpretation of punishment، the authority of the jurist on the punishment of offenders، the principle of jurisprudence in general that is contrary to the Shari'ah. It proves that it is permissible to require hijab by the Islamic government.
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