- As many of us would have probably expected, the All India Muslim Personal Law Board has moved the Apex Court against the judgement of the Karnataka HC by which it had upheld the ban of hijab in educational institutions (Resham vs State of Karnataka).
- The Court had held that the wearing of hijab is not an essential practice of Islam and that the imposition of uniform is a reasonable restriction and is protected by the Constitution.
- The Board has moved the Hon’ble SC through its secretary, Mohammad Fazlurrahim and two other petitioners, Munisa Bushra and Jaleesa Sultana Yaseen.
- In addition to this, the Islamic clerics organisation named ‘Samastha Kerala Jem-iyyathul Ulama’ has also filed a special leave petition to the Supreme Court under Article 136 of the Constitution on the ground that the interpretation that was done by the Karnataka HC was based on an erroneous interpretation of Islamic law, the Quran and the Hadith.
- The petitioner has contended that Surah 24 Ayat 31 and Surah 33 Ayat 59 of the Quran clearly states that covering the head and neck of a woman in presence of males outside her family (‘non-mahram’, i.e., the people with whom marriage is permissible) is compulsory. Muslim women throughout the world follow this practice in obedience to the Quran. The petitioner has also contended that it is not the hijab per se but the purpose behind it, i.e., properly covering the head and neck, which is an essential part of Islam.
- It has also been contended that according to the catena of judgements of the Hon’ble Apex Court, for a practice to be ‘essential’, it is not necessary that there must be a penalty associated with its breach, and the HC is not justified in insisting that a punishment must be attached to it to get the protection under Article 25 of the Constitution.
- It has also been contended that compelling a Muslim woman to avoid her headgear is violation of her right to follow her religion and it is protected under Article 25 of the Constitution.
- Another argument that has been put forth is that the HC had relied upon the footnotes of the Islamic writer Yusuf Ali, which can only be regarded as his personal opinion and this opinion cannot be considered as the source of Islamic Law, and it certainly cannot be put on a higher pedestal that the Hadith.
- On 24th March, the Hon’ble Chief Justice of India had rejected a request for urgent listing of the petitions challenging the Karnataka HC judgment, asking Senior Advocate Devadutta Kamat to not ‘sensitize the issue’.
- Seeing that religion has become an increasingly sensitive issue in our Country, all we can do is wait with bated breath and see where the Apex Court stands on this issue.
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