Rethinking Hijab and ‘Awra of Women: Embracing Flexibility and Contextual Realities and Rejecting Patriarchy and Traditionalism

By Adis Duderija, New Age Islam 21 March 2024 While The Majority Of Classical Jurists Considered A Woman's Entire Body, Except For The Hands And Face, As ‘Awra , Others Held Valid Minority Opinions That Restricted It To Parts Below The Elbow Or Knee. Additionally, Slave Girls Were Exempted From Certain Clothing Requirements, Such As Head Covering During Prayer, Based On A Consensus. ------ For references to this article in addition to hyperlinks in the main text below please click here. The concepts of hijab and ‘Awra which pertain to head covering and the parts of the body that should be concealed, have long been subjects of intense debate in Islamic jurisprudence. It is crucial, however, to recognize that the early rulings on these matters were heavily influenced by the social and historical contexts in which they emerged. As societies evolve, it is necessary to reconsider these rulings by carefully examining original source texts and shedding light on overlooked elements. This re-evaluation, firmly grounded in Islamic legal theory, can enable us to identify aspects of the laws that require flexibility to adapt to different circumstances across time and place. One key factor that underscores the need for reconsideration is the varying positions of premodern Muslim jurists regarding the definition of ‘Awra for women. While the majority of classical jurists considered a woman's entire body, except for the hands and face, as ‘Awra , others held valid minority opinions that restricted it to parts below the elbow or knee. Additionally, slave girls were exempted from certain clothing requirements, such as head covering during prayer, based on a consensus. These discrepancies suggest that the concepts of ‘Awra and modes of veiling were still evolving organically, shaped by the specific contexts in which they were applied, rather than being rigidly defined edicts. Moreover, several traditions also situate the revelation of veiling verses within a specific sociocultural framework, indicating that women faced harassment on their way to relieve themselves at night. The solution provided was contextual, addressing a clear harm rather than prescribing a universal standard of adornment. Furthermore, reports describe women in Medina regularly wearing modest but partially revealing attire, such as head covers thrown behind their shoulders, leaving their chests exposed. This affirms the early fluidity in sartorial practices. If strict veiling had been an absolute injunction, deviation would likely have been met with censure rather than tacit acceptance. Moreover, the exemption of slave girls from veiling requirements, despite their regular interactions with men, implies that functionality outweighed concerns of modesty related solely to physical attraction. Their unique status as contributing members of the economy necessitated active mobility, which warranted leniencies in dress. If exceptions can be made based on necessity, why not also consider situations in which the requirements of covering negatively impact the welfare and rights of modern women? Analogical reasoning and consideration of the public interest represent important aspects of Islamic legal discretion. Significantly, early sources make no mention of the term ‘Awra in prayer rulings; instead, they address appropriate types of clothing. This suggests that ‘Awra was a separate concept that was evolving independently of the requirements for prayer attire, thereby warranting detachment from direct implications on matters of faith. Furthermore, the early scholarly disagreements regarding the validity of prayer without ‘Awra coverings indicate divergent understandings of the centrality of ‘Awra to acts of worship, affirming a certain level of flexibility. When revisiting traditions that involve praying in a state of nakedness or minimal dress due to compelling circumstances, we find that the underlying principle is the fulfilment of religious duties, unhindered by the absence of optional coverings. While these allowances are exceptional, they exemplify the prioritization of essence over circumstance and invite reconsideration when the requirements of covering disproportionately impact rights or roles. The endorsement of praying under exceptional uncovered conditions found in hadith literature parallels matters of customary flexibility found more generally in Islamic law. Taken together, these findings imply that concepts of modesty, adornment, and their religious implications were shaped organically through interaction with dynamic social practices, rather than being fixed and unchangeable. They indicate that early efforts were focused on addressing identified vulnerabilities rather than imposing rigid sartorial regulations. These concepts remained flexible enough to accommodate divergent standards based on contextual considerations for specific populations, such as military personnel or servant-girls in times of need. Importantly, the issues of ‘Awrah and veiling for women were also based on certain patriarchal interpretations of the Qur’an, certain understanding of the nature of the concept of Sunna and its relationship with the idea of custom ( ‘Urf /’Adat) and these were underpinned by the logic of patriarchal honour. While core values, such as importance of privacy and modesty , remain integral, a deep look at historical rulings allows for the contextualist and culturally variable rethinking of practices of hijab and understandings of the concept of ‘Awra and therefore the very idea of modestly itself. As I argued elsewhere, moreover, there is an urgent need for decoupling these ideas and concepts from patriarchal interpretations of the Qur’an and sunna and the broader socio-cultural processes marked by patriarchy. Continuous questioning and reasoning focused on the best and most reasonable community’s interests (Maslaha) is the approach that is needed rather than continued preference for de-contextual thought and traditionalism that is still widely followed among those who insist on retaining the understandings on these issues inherited from classical Islamic laws. ----- A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia. His forthcoming books are ( co-edited)- Shame, Modesty, and Honora in Islam and Interfaith Engagement Beyond the Divide (Springer) URL: https://newageislam.com/islam-women-feminism/hijab-awra-flexibility-contextual-patriarchy-traditionalism/d/131967 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism