Hijab Covers 'Vulnerable Parts', Protects Chastity: Highlights From Argument Of Senior Advocate A M Dar

The three judge bench of the Karnataka High Court said today that the hearing of the batch of cases relating to hijab row will be concluded tomorrow.

Today, Senior Advocate Abdul Majid Dar argued on behalf of some students of a private college, contending that the students were prevented by the college from wearing hijab.

The Senior Advocate started by saying that he can read Arabic and that he knows most of the verses of Holy Quran and will be able to assist the Court on the question of the essentiality of the practice of wearing hijab.

After explaining the four kinds of clothes that are prescribed for women, he submitted the word hijab does not find any mention in the Quran and that the word used is Khimar.

"The Khimar originates from the words 'Khamara' which means 'ghatta', meaning thereby to conceal, hide or cover something. Let them wear Khimar over the 'jayub',... in Arabic we call the chest as 'juyub'....you have to cover the hair, face and chest to protect your privacy, to protect your modesty, to protect your chastity and to protect all your (inaudible)...", the Counsel argued.

The Senior Advocate argued that "believing women are instructed by Allah to wear the Kihmar, to drab it over the chest, that is the real purpose".

He further submitted that the petitioners are not wanting to go to school wearing the burkha. "It is a small part we are covering, the head, face and the chest, these are all the vulnerable parts so that there should not be any attractment (attraction) and .....(unclear) people would gaze at the women because these are very sensitive parts of the body of a woman", he submitted.

"We have to cover our chest, it is mandatory, it is a question of life or death for us My Lord", the Senior Counsel argued vehemently.

The Counsel also narrated how the while the Prophet was taken to Allah in heaven, he saw women crying with serpents around their necks, who had not covered their head and chest. The Prophet was told by Jibril that his prayers for the women will not matter unless Allah forgives them since they had committed a sin.

He also submitted that "we believe that we have to face the day of judgment, that's why our women are very scared. It is not by way of fashion we are asking our women to wear.. no... Quran has said that it is at the time of first period or when you attain puberty, you have to cover your sisters and daughters with a scarf, it is mandatory for us".

The Senior Advocate then narrated a few verses of the Holy Quran from memory.

"To receive education is also religious practice for Muslims", the Counsel submitted.

The Counsel also stated that while offering prayer, ladies and gents have separate space and that "we don't mix up together". He said that Hajj is performed together, which is exempted, provided women cover their head, face and chest.

The Senior Advocate also submitted that wearing hijab enhances the reputation of a lady because vulnerable parts are covered.

He concluded by saying that "this is a question of life and death for us, either we have to leave the education because we will not compromise with our principles and we are ready to leave the education if your lordships will not ...."