Le Hijab (voile islamique)

Dans la plupart des pays à majorité musulmane, l’application de la loi sur le hijab n’est pas respectée (dans certains anciens états soviétiques, il n’est même pas courant que les femmes le portent). L’observance du hijab a connu un renouveau dans certains pays à majorité musulmane au milieu du 20^ème siècle après être tombé en désuétude tandis qu’en Occident, il est porté couramment et de manière volontaire. Cependant, en parallèle à ces normes sociales, il est également fréquent que les femmes et les filles (même en Occident) subissent parfois une pression communautaire ou familiale pour adhérer au hijab contre leur volonté, en particulier pour les adolescentes qui vivent avec leurs parents. Dans un petit nombre de pays à majorité musulmane (comme l’Iran), le hijab, quelle que soit la forme, est légalement imposé. Les manifestations "Femmes, Vie, Liberté" qui ont eu lieu en Iran en 2023 ont souligné que cette imposition est contraire aux souhaits de millions de femmes là-bas. L’Arabie Saoudite a, quant à elle, supprimé ses règles juridiques en matière de couvre-chef en 2018.

Elizabeth Bucar explique que dans les pays occidentaux, les femmes musulmanes qui portent le hijab est souvent un moyen d'exprimer leur identité musulmane, et que des styles spécifiques de hijab peuvent être en outre un moyen de maintenir une identité avec un héritage culturel spécifique.^[2] Dans l’Algérie du 20^ème siècle, le hijab a servi de symbole de défense culturelle et de résistance contre le colonialisme, alors qu’en Palestine, il est devenu un symbole de l’identité nationale, mais ne pas le porter était associé à la collaboration israélienne.^[3]

Le Coran contient des versets qui mentionnent le jilbab (un pardessus ou un manteau à capuche), le khimar (un morceau de tissu qui couvre la tête), et le hijab (sorte de paravent pour protéger les épouses de Muhammad du regard des visiteurs de sa maison). Bucar résume que le verset 53 de la sourate 33 était un ordre pour séparer les épouses de Muhammad de l’espace public et privé ; le verset 59 de la même sourate était un ordre pour préserver les femmes croyantes libres de leur intégrité corporelle du harcèlement ; et les versets 30 et 31 de la sourate 24 étaient un commandement pour protéger la pudeur de toutes les femmes musulmanes.^[4]

Coran 33:53

Dans le Coran (33:53), il est fait mention d’un hijab, un écran (ou une barrière) derrière lequel les visiteurs qui se rendent chez Muhammad peuvent demander des choses à ses épouses sans les voir. Bucar constate qu’en plus de ce verset, le mot hijab est utilisé ailleurs dans le Coran pour désigner un voile, un mur ou une cloison (voir 42:51, 7:46, 41:5 et 17:45). Le seul autre verset où le hijab est utilisé par rapport aux femmes se trouve dans le Coran (19:17). Enfin, dans 33:53, il est difficile de savoir sur qui repose la responsabilité de l’observance du commandement, est-ce les hommes ou les épouses de Muhammad ?^[5]

Les traditions au sujet des circonstances de la révélation de ce verset sont mentionnées dans un certain nombre de hadiths, et sont abordées plus loin dans cet article. Dans les versets 32-33 de la sourate 33, il y a un autre commandement spécifiquement adressé aux femmes de Muhammad ("Ô femmes du Prophète ! Vous n'êtes comparables à aucune autre femme. [...]").

Coran 33:59

Quran 33:59 states that the purpose of drawing over the jilbab (overgarment or cloak) is to distinguish free Muslim women (presumably from non-Muslim or slave women, who do not have to observe it) in order to prevent them from being molested/harassed.

Bucar explains that Quran commentators agreed that the occasion of revelation for this verse was that the hypocrites (al-munafiqun) in Medina (who are mentioned in the next verse, Quran 33:60) were physically harrassing slave women in public spaces. This context is mentioned for example in Tafsir al-Jalalayn regarding the verse. The jilbab thus made free believing women visibly distinct. It was a responsibility placed on them by the Quran to mitigate the immoral behaviour of certain men. Bucar says that the meaning of jilbab is unclear, but most scholars believed it to be a type of outer covering.^[6]

Coran 24:31

Quran 24:31 tells believing women to draw the khimar (piece of cloth that covers the head) over their bosoms and to hide their adornment or beauty from men.

Bucar notes that unlike the above two verses, only late traditions provide an occasion of revelation for Q. 24:30-31. Believing women are told to draw their Khumur (singular: Khimar) over their bosoms (juyub). Bucar comments that the word khimar, which some Quran commentators glossed as a veil, mainly meant a kerchief worn on the head, and that the root of the word juyub meant a space between, so probably meant cleavage. Thus she argues that the purpose of this part of the verse is that the cleavage must be covered.^[7] In the same year (2012) a PhD thesis by Sheikh Mustapha Mohamed Rashed at al-Azhar University similarly concluded that the verse only commands that the bosom be covered.^[8]

Except in specifically defined company, the verse also says that women must not reveal their adornment (zina, which besides illicit sexual activity is a word used in a few verses for stars adorning the heavens). It seems to essentially mean a woman's attractiveness, though Quran commentators have always disagreed on the meaning of hidden zina in this verse. Some suggested it meant ankle bracelets due to the final part of the verse telling women not to stamp their feet. Quran 24:60 later in the same surah exempts older women from the command to wear garments hiding their adornment. Some Quran commentators like al-Tabari thought it allowed a woman's face to show, based on a hadith in which Muhammad defines what a woman can reveal of herself when she reaches the age of menstruation (Sunan Abu Dawud 33:4092, quoted in the next section below). For al-Zamakhshari, adornment in this context meant jewelry and makeup. Ibn Taymiyyah and al Baydawi said that even a woman's face and hands must be covered in public except during prayer.^[7]

Bucar notes that there was similarly no consensus on the meaning of the word 'awra in the verse. For men, hadiths made clear that a man's 'awra was from his navel to his knees. As for a woman's 'awra, there is an isolated hadith collected by al-Tirmidhi quoted in the next section on hadiths below. For some scholars it referred to a woman's bosom, neck and head, for others everything except her face and hands, or for others just the genital region (as with men).^[7]

Bucar observes that there are no explicit references in hadiths to women being required to cover the face or hair (a popular translation of Sahih Bukhari 6:60:282 mentions the women covering their faces, but this is not clear in the Arabic text and another version of the narration in Sunan Abu Dawud 32:4089 refers only to them making Khimars). Bucar observes that hadiths distinguish a time before and after the revelation of the hijab verse concerning Muhammad's wives, particularly narrations about the event of the slander (al-ifk) in which 'Aisha was accused of adultery. By the time of these narrations, hijab had come to be transformed from a literal screen in the home of Muhammad's wives to a complex ideology of segregation, privacy and social status, perhaps reflecting post-Muhammad cultural practices of specific Muslim communities.^[9]

A few hadiths refer specifically to Muhammad's wives covering their heads and faces with jilbab in public such as Sahih Bukhari 5:59:462, which is the above mentioned event of the slander. It mentions Aisha drawing her jilbab over her face, though it also says this was after the verse of hijab had come down, which was a requirement specifically for Muhammad's wives.

Bucar says that the few relevant hadiths detailing requirements for believing women in general concern the avoidance of thin clothing or short hemlines while an isolated hadith collected by al-Tirmidhi is the exception, describing a woman in her entirety as 'awra.^[10]

A narration mentioned by some Quran commentators such as Ibn Kathir attributes to Ibn Abbas a view that a woman should be entirely covered by her jilbab except for a single eye.

Some other relevant hadiths were collected by Abu Dawud (all graded Sahih by al-Albani):

The following hadith account mentions the use of hijab (screen) to conceal Muhammad's wives from a eunuch, or effeminate man in other translations (similarly see Sunan Abu Dawud 32:4095).

Some observe that a eunuch could not pose any threat to the chastity or safety of Muhammad's wives, which distinguishes the purpose of hijab in Q. 33:53 from that of jilbab or khimar for protection or modesty in the other verses discussed above.

Bucar details how different opinions on the veil existed between and within the schools of Islamic jurisprudence over time, probably influenced by the differing cultural contexts (she uses the term "veil" to mean the relevant Islamic concepts in a general sense).^[11]

She writes that "Early fiqh discussed veiling in the context of prayer, and in general saw veiling as an issue of social status and physical safety". Later, it was not a central concern of medieval legal scholars, though their reasoning remains relevant to modern discussions about veiling. Regarding the concept of 'awra mentioned in Q. 24:31 and discussed above, the majority view was that it excluded a woman's hands and face (the main Maliki and Hanafi view), though a minority view was that everything should be covered except her eyes despite no mention of this in the Quran, while hadiths indicate this was not common practice for early Muslim communities. Ibn Taymiyyah (d. 1328 CE) who inspired modern day Salafism said that her face should be covered in public, which became the standard Shafi'i and Hanbali legal position. Legal scholars also commonly linked 'awra with the concept of fitnah mentioned separately in the Quran. Bucar quotes the prominent jurist al-Nawawi (d. 1278) as an exemplar of this view, which is a motivation argued by some emerging Islamic governments in modern times:

Some modern Islamic jurists such as Khaled Abou El Fadl (d. 1963) have criticised this linking of a woman's 'awra with the concept of fitna and preventing illicit intercourse. He argues that modesty is a Quranic ethical command in and of itself and the relevant verses do not link it to fitna. The medieval jurists invocation of fitna in addition thereby shifted the blame for potential sin from men to women (whereas the hypocrites are blamed in Q. 33:59-60 for violating women's modesty). Thirdly, since even medieval jurists allowed exemptions (for example slaves labouring in fields), he argued that the rules must be "contigent and contextual in nature". In the late 19th and early 20th century a renewed juridical interest in veiling led to a wide range of debates and opinions.^[11]

Saudi Arabia (until it revoked its legal head covering requirement in 2018), Afghanistan, and Iran base their laws on veiling on the Hanbali, Hanafi, and Shi'a Jafari schools of jurisprudence, respectively.^[13]

Bucar categorises three types of traditional and modern purposes for hijab that have been articulated. Firstly, it was seen as a means of building moral character (modesty, shyness) and a path to piety because it is not an easy thing to start wearing it. With repetition, over time a woman would feel uncomfortable at the thought of not wearing it. Indeed, one could add that ex-Muslim women commonly describe how leaving home without hijab for the first time takes some courage. Secondly, it has been said to have the benefit of preventing inapproprate desires, which could end in zina (illicit sexual activity), and strengthens the marital bond since a woman's sensuality was reserved for her husband. Finally, it is seen as having a social purpose, to regulate and prevent sexual urges in society running out of control. Arguments in this last category are of four types: 1) that it prevents constant male arousal, protects social dignity and a tranquil society; 2) that it supports educational and economic productivity due to reduced male distraction; 3) that it allows women to participate more fully in society as every public space is a morally safe zone; and 4) that it serves as a guard against westernizing influence.^[14]

Bucar gives examples of Muslim figures who have criticised such arguments for hijab. Some reformists and progressives interpreted hijab metaphorically in terms of a principle of modest behaviour and controlling one's desires. Other Muslim critics have noted that veiling is not sufficient to suppress desire, and in a modern context can even stimulate desire for that which is "forbidden". Others criticise mandatory veiling for removing moral choice.^[15] Secular observers might add that most of the arguments for hijab pre-suppose a conservative moral order in which sexual activity outside the bounds of marriage (or in the past, slavery) must be forbidden, and the risk of such, mitigated.

Some critics argue that if the hijab is intended to protect women from sexual assault, it wholly fails to serve this purpose. Islamic countries where the overwhelming majorities of women observe the hijab have been found to have some of the highest rates of women experiencing all manner of sexual harassment, notably in the case of Egypt.^[16][17] In Saudi Arabia, where the observance of hijab is strictly enforced throughout the country, women experience one of the highest rates of rape in the world.^[18]

A hadith narrated from Anas bin Malik describes how he witnessed the revelation of the hijab verse. See also Sahih Muslim 8:3328.

A somewhat different account, or background leading up to the revelation of the verse is reported regarding pressure exerted on Muhammad regarding his wives by 'Umar, as detailed below.

Umar bin Al-Khattab's spies on Sauda

According to hadiths found in Sahih al-Bukhari, the most authoritative hadith collection, the series of events leading up to the revelation of the verse of the hijab (Quran 33:53) was as follows. First, Umar repeatedly asked Muhammad that Allah should reveal verses of the Qur'an pertaining to the veiling of women. Next, when no such revelation was forthcoming from Muhammad, Umar went out one night and stalked one of Muhammad's wives when she went out to relieve herself. Identifying the wife as Sauda bint Zam'a, he called out to her by name, noting that he had succeeded in recognizing her in her compromised circumstance. After this, Sauda presumably returned home embarrassed by the incident and reported what occurred to Muhammad, finally resulting in the revelation of the verses pertaining to the hijab.

Note that the Sahih al-Bukhari translator's comment attempting to define hijab as "a complete body covering excluding the eyes" at the end of the hadiths is not present in the Arabic. Moreover, in the Arabic these hadiths do not mention "verses" of the hijab plural, but at most mention the "verse" singular. This is in reference to Q. 33:53 which concerns concealing Muhammad's wives from public view (this is even clearer with the related hadiths in the section after this below).

Allah agrees with Umar

Following the incident with Sauda and a number of other incidents where Umar had directly preceded revelation in his recommendations to Muhammad, Muhammad proclaimed that Allah had come, on multiple occasions, to agree with Umar.

Note that the translation of the hadiths below are incorrect. The Arabic text of these hadiths refers to "the veil" (hijab) singular, and "verse" singular, not plural i.e. the various versions of this hadith refer to the revelation of Quran 33:53 concerning the screen (al hijab) between visitors and Muhammad's wives.

Umar ups the ante

After Umar's wish of having Muhammad's wives veiled was fulfilled, he set his sights on having the clothing requirements increased to the point of making the women completely unrecognizable. To this end, he again spied on Sauda as she had gone out to relieve herself, this time notifying her that because she was a distinctively "fat huge lady", the newly-obligated veil did not suffice in obscuring her identity. Embarrassed yet again, Sauda returned home to inform Muhammad. Then feasting on a piece of meat and apparently disturbed by the interruption, Muhammad immediately received revelation from God alerting Sauda that Umar's demands would not this time be met. Accordingly, Sauda was informed that she would be allowed to relieve herself outdoors in spite of Umar's harassment.

Another hadith records how Umar attempted to apply the ruling of hijab (curtain) to other women in Muhammad's house besides his wives (the same account is in Sahih Bukhari 8:73:108).

Umar struck a slave girl for wearing jilbab like free women

One tradition relates Umar's strident views also to the theme of Quran 3:59, the verse in which believing women in general are instructed to wear the jilbab to distinguish themselves and to avoid harrasment.

Another type of veiling, also referred to in Arabic as hijab, is that effected through physical barriers. This was the original meaning of the term as discussed above regarding Quran 33:53. While Islamic legal schools disagree about the requirement and use of physical barriers in addition to hijab as matter of personal clothing, the use of physical barriers is the rule rather than the exception in much of the Islamic world and even make frequent appearance in Western diasporic settings.

In addition to the generic employment of physical barriers wherever both men and women are present, there is the more specific practice of the "household hijab". The idea of separating male and female visitors at one's home is inspired by hadith accounts which describe this practice in Muhammad's household as well as a Quranic allusion thereto in Quran 33:53. According to the hadiths, the separate revelation regarding the household hijab was also situationally inspired. Here, the story is that Muhammad had visitors and was bothered to find them lingering to chat with his wives after they had dinner.

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