Hasani Ahmad Said et. all. - The Polemic Prohibition of Wearing Veil in Perspective Al-qur'an and Sadd Al-dzari’ah - Talent Development & Excellence, Vol.12, No.3s, 2020, 2487 - 2495.pdf

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Talent Development & Excellence
Vol.12, No.3s, 2020, 2487 - 2495
ISSN 1869-0459 (print)/ISSN 1869-2885 (online)
© 2020 International Research Association for Talent Development and Excellence
http://www.iratde.com
The Polemic Prohibition of Wearing Veil in Perspective Al-qur'an and
Sadd Al-dzari’ah
2
, Hasani Ahmad Said
1
Isnawati Rais
, Syarif Hidayatullah State Islamic University Jakarta, Indonesia
Shari’a and Law
Faculty of
1
isnawati.rais@uinjkt.ac.id
2
Faculty of Ushuluddin, Syarif Hidayatullah State Islamic University Jakarta, Indonesia
Coresponding author: hasaniahmadsaid@uinjkt.ac.id
Abstract:
Problem: The increasing ban on the use of the veil in various countries in Europe and other
parts of the world, especially non-Muslim countries, adds to the length of the polemic about
the legal status of wearing the veil for Muslim women. Among Muslims themselves, the use
of the veil is still a matter of debate among scholars, scholars on the grounds that there is no
explicit text (Nash); there are those who think that the law is required, but some say it is not.
This problem has become more prominent after the emergence of radical understanding and
the occurrence of several acts and threats of terrorism carried out by Islamic fundamentalist
groups. Purpose: For this reason, this research was conducted to try to analyze the reasons for
the prohibition of the use of veils in the Koran and sadd al-dzari'ah. Method: This qualitative
research was carried out through a process of collecting data through a review of various
literatures on the law wearing the veil in the context of Islamic law both from the Koran and
Sadd al-Dzari'ah. Reading sources including books, Islamic scientific journals, national articles
and articles from international journals have been the main sources of data for this study. After
the process of collecting data from various relevant sources, the process of data analysis
continues. Results: The law for the use of the veil is not found in the texts governing the law
allowing or not using the veil. So it can be concluded that the veil law is included in the legal
category of mubah. In this case, the Jumhur scholars did not accept and no one refused. There
is a method of ijtihad in Islamic law that can be used as a justification for this policy, namely
Sadd al-Dzari'ah. Conclusion: However, in-depth analysis is needed, so that the use of the veil
can be considered not excessive. Then this study concludes that the use of the hijab is not
regulated by the opinion of scholars who state that the legal status is haram or mandatory.
Therefore, it is included in the category of mubah.
Keywords: Veil Law, Radicalism, Islam, al-Qur'an, Sadd al-Dzariah
Introduction
The polemic on wearing the veil still causes various kinds of debates both from the Ahlus-
Sunnah wal Jama'ah ulama and radicalism groups which are considered more moderate in
giving the veil problem law (Hamdani, 2007; Esposito, 2010; Saharso & Lettinga, 2008). The
debate has increasingly led to polemics because some groups from the flow of Radicalism or

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more precisely the Wahabi about the different meanings of veils or headscarves in view of the
flow. A veil is something that covers the face and that can only be seen is the eye. Apart from
that, it is said not to be a veil that covers genitals.
According to al-Qardhawi (1998), a veil is a type of cloth used by some women to cover the
face so that only the eyes are visible. Marshal McLuhan considers the veil is a veil or
sunglasses. That is only the eyeball visible in addition to not visible (Botz-Bornstein, 2013;
Todosi, 2014). Polemic related to the use of the veil problem has been on the community, which
is not only in Indonesia but also in other countries, such as France, America and other European
countries (Mechoulan, 2018). In fact, the tradition of wearing the hijab, niqab, veil or as a cover
has long been done by Muslim women before there was a ban by the European government on
a large scale (Feo, 2012). In the 20th century, Muslim women living in Europe already had the
right to respect one's life personally and that is already in the European Law (Marshall, 2014).
However, the rights of Muslim women living in Europe do not get personal legal rights to use
the veil. Headscarves, the veil is considered a breach of non-Islamic religions. Moreover, cases
of WTC bombings in America on September 11, 2001 were carried out by Muslims. For this
incident, making stigma veil is a group of Muslim terrorists who want to create an Islamic state
(dar al-Isam) and have the goal of wanting to destroy the non-Islamic state.
Political observers around the world are also concerned about the veil, although veiled
women are not a problem for gender equality (Howard, 2012). In Indonesia, one of them in
Java, the veil problem is not so trend, but the most trend is the veil or better known as a veil.
Java with its Islamic religion in using the veil contains ideas of practicality, freedom and
autonomy (Kusciati et al., 2013). The different responses in understanding the veil figurative
language for Islam until now still cause polemics.
This is due to the absence of texts that sharih ordered or prohibited. Nash like this, will still
accept the possibility of differences of opinion in terms of narration and guidance, as long as
the ability and understanding of scholars in installing the law is different and as long as it is
possible to take the law from zahir nash or from the womb, and from the more careful or the
taking it easier (al-Qardhawi, 1998). Opinion that developed in the midst of Islamic society to
this day cannot be separated from the base of this problem, namely that this problem belongs
to the category of law that is not agreed upon (khilafiyah).
Khilafiyah or differences of opinion in a religion often occur misunderstandings between
Muslims (Nugraha, 2017). Ijtihad from differences of opinion play an important role for
Islamic law. The method of ijtihad, ifta and taqlid as tools for legal legislation is considered
perfect for Muslims (Fariha & Pakeeza, 2016; Hassan, 2019; Shabbar, 2017). However, every
ijtihad that is done must experience differences of opinion but it is not forbidden and also
innocent, because the difference is the grace of God. People who do the pilgrimage are highly
valued by God, even if the ijtihad is wrong. In the hadith of Bukhari, Muslim, Ahmad and
others from Amr Ibn al-shAsh it is stated that the Prophet. said: "If a judge decides a case and
then he commits jihad in deciding the case- and his ijtihad is correct, then he gets two rewards,
and if his ijtihad is wrong then he gets one reward" (Zuhaily, 2001; al-Qardhawi, 1998). One
problem that is the current trend of ijtihadi problems is the veil problem.
Jumhur ulema since the days of friends may argue that a Muslim woman is not required to
wear a veil, they may open their faces and palms in front of men who are not mahram, but they

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do not forbid it. In prayers, some say makruh for women wearing the veil and some also allow
it (Syuqqah, 1990). But there are a few people who are obliged to wear a veil (face covering)
and also close their hands, but there is no strong argument that can support this opinion. They
are using the arguments of the texts that mutasyabihat rejected by the arguments of the texts
that sharih, as the word of God in QS.33: 59 which instructs to extend the veil, by interpreting
it covering the veil all over the face, so that nothing is visible except one eye (al-Qardhawi,
1998). While there are other verses QS. 24: 31 which explains that there are exceptions in
covering the woman's body, which is what is commonly seen (illa ma zhahara minha), namely
the face and two palms.
The issue of the veil polemic up to now still experiences differences of opinion in
understanding it, as conducted by Mancini (2012), about the limitations of wearing Muslim
clothing in Europe, Bhowon & Bundhoo (2016), the results of his research show that the
Muslim obligation to use the hijab instead only limited to a piece of clothing but more important
is the issue of politeness which is considered an important dimension of the veil as a reminder
for the Muslim belief system. Furthermore, the results of research conducted by Blank (1999),
on the existence of a polemic about the use of veils in France and also Europe. This is because
the veil culture for Muslims has banned the cultural principles of European countries.
This research, on the one hand, is a similarity from the discussion about the veil, but on the
other hand there is a difference from the polemic of the prohibition of al-Qur'an perspective
and Sadd al-Dzari'ah perspective. In studying Sadd al-Dzari'ah, the writer began by describing
the meaning of al-Dzari'ah. Dzari'ah is the path that leads to something, meaningfully for good
and bad (Syarifuddin, 2001). According to Abu Zhahrah, Dzari'ah is the path that leads to what
is forbidden or lawful, and the law of dzari'ah is the same as it is intended. So the path that
leads to the unlawful, the law is unclean, which leads to the permissible, the law is immortal.
Because it's something that can't be done that is obligatory without him, then the law is
obligatory, like ablution ’for prayer. On the other hand something that becomes a referee from
the occurrence of adultery, such as seeing female genitalia, the law sees female genitalia is
haram, because adultery is unlawful (Zhahrah, t.t.); (Kisworo, 2016).
Method
There are two parts that need to be explained in this method section. One is what method was
used to collect the data needed and the other is what approach or method was used to analyze
the data after it is collected. Because this research is a literature review study Zed (2008), the
process of collecting data was done through the review or study of various literatures on the
law wearing veil in the context of Islamic law both from the Koran and Sadd al-Dzari'ah.
Reading sources include books, Islamic scientific journals, national articles and articles from
international journals. After the process of collecting data from various relevant sources, the
process of data analysis went through three stages; First, to review and explore data related to
veil polymics, both from the verses of the Koran and Sadd al-Dzari'ah. Second, to select related
data and by focusing on research questions both in general and specifically. Third, after the
data was obtained, then the format of writing a qualitative study report was followed (Glesne,
2015).

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Findings and Discussion
Since the Qur'an was revealed by Allah to the Prophet Muhammad through the intermediary
of the Angel Gabriel, then the Qur'an has been used as a guide for Muslims to establish a law.
Then from the explanation of the Qur'an which was interpreted by the Prophet then gave birth
to the hadith so that it becomes the second source of Islamic law (Arief, 2020). The
development of Islamic law was not only limited when the Prophet lived, because after his
death many problems occurred in the community so that the friends and the next generation to
establish a law using qiyas, ijtihad and also the opinion of the scholars.
The Qur'an revealed by Allah is not merely a guide for a group of human beings but as a
whole (Said, 2015; Said, 2020; Said, 2016). In fact, the development of interpretations by
displaying various types of interpretations is inseparable from its relation to Islamic law (Said,
2013; Said, 2014). The development of Islamic law in the time of the Prophet Muhammad until
now is inseparable from two criteria, namely in the form of commands and prohibitions
(Abualfaraj, 2011). Every command must be carried out and carried out, on the contrary every
prohibition must be kept away from. The orders of Shara 'and their prohibitions must have a
Wasilah or mediator that leads someone to the act, whether in the form of an order or
prohibition, whether intentional for that purpose or not. If the act in the form of the wase leads
to the prosecuted / ordered, then he is ordered. Conversely, if the action does not bring except
to the bad, then the action is prohibited.
Thus it can be concluded that an intermediary (wasilah) is to follow the law that is passed
by him. Certainly it is not logical if there is an act that is ordered or prohibited, while the
intermediary is not ordered or not prohibited. That would certainly have the effect of
disregarding orders and violating a prohibition. Therefore, it is also necessary to prescribe the
command from an order, while to refrain from a prohibition must also be prohibited. This
method and legal thought by Imam Malik is called al-dzari'ah. To be in compliance with the
command is called fathu al-dzari'ah and for the waslah to the prohibition is called sadd al-
dzari'ah (Hambali, 1997). Understanding dzari'ah in general, namely; "The road to something"
is also the opinion of Ibn Qayyim al-Jauziyah, (1973). While Asy-Syathibi specifically defined
it. He said that dzari'ah is; "Something (deed) which originally contained wealth leads to
something of moderation" (Al-Syathibi, 1973). In line with this, Amir Syarifuddin citing
Badran's opinion defines dzari'ah by: "What is conveyed to something forbidden that contains
damage" (Syarifuddin, 2001).
From this difference in the definition of dzara'i, it can be understood that dzara'i in the
general sense includes everything that is used as wasilah (means), regardless of whether or not
the facility is allowed to do it. Dzara'i in this sense includes all forms of dzara'i, both positive
and negative. Dzara'i in this sense does not always have to be closed (prohibited), sometimes
it must be opened (ordered to do it).
Understanding like this is based on the view that the law basically revolves around two
things, namely the goal and the means. The target is every action that contains elements of
mashlahat or elements of mafsadat without any external factors that influence it. While the
means are a way to achieve that goal. This facility may have elements of mashlahat or mafsadat
not because of actions which are the means themselves, but because of external factors that

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affect them, namely the target. If that target the law is mandatory, the ingredients are also
mandatory. If the target is haram, then the ingredients are also haram. For example: Friday
prayer is obligatory, so leaving the transaction when the call to prayer Friday is obligatory also.
Making adultery is forbidden, then seeing other women's nakedness the law is also forbidden,
because this is a means that can cause adultery (Mainardi, 2003).
From all of the above explanations, sadd al-dzari'ah is more precisely related to the specific
meaning of dzari'ah, namely what conveys to something forbidden which contains mafsadah.
Thus what is meant is to close the path of mafsadat (damage).
The Maqasid Sharia Rule and Motivation of Veiled Women
Motivation is something that comes from within or from outside. In terms known as intrinsic
and extrinsic. Meanwhile, women's motivation for the veil depends on the perception of each
woman. However, basically a Muslim using the veil does not need to be questioned. Even the
law is still being debated by the ulama, that is, the use of the veil, including the problem of
mukhtalafun fih. Therefore, anyone who wants to use it please and who does not want it does
not matter.
From several studies on the veil problem used by Muslims with several categories and
causing polemics and debates but the symbol of using the veil raises several perceptions, for
example the results of research conducted by Bhowon & Bundhoo (2016), that some Muslim
respondents use veils, the veil is to provide a symbol for her identity as a Muslim woman. The
symbols in human life are inseparable from culture. (Geertz, 1976; Said et al., 2020), so that
the symbol put forward by Cassirer (1994), humans and culture cannot be separated from each
other, because it has a very close relationship such as contents and nails. From the closeness,
the symbols that exist in the community and experience development along with the
development of technology into values in people's lives (Aslan & Hifza, 2020). The
development of symbols into values in a society that has meaning, it needs to be interpreted by
people who do not understand about the symbol (Geertz, 1973). Symbols are communications
that are used to the public (Herbert, 1969). (Blumer, 1986). The meaning of the symbol of the
veil even though it causes a polemic because there is no strong Islamic law but some Muslim
women use the veil as an identity for themselves as adherents of Islam.
The perception of Muslim identity by using the veil as Muslims is not easy as it reverses the
palm of the hand of the country as a majority Muslim population with Muslim minority
countries, such as Indonesia and India (Wagner et al., 2012; Bilge, 2010). Differences of
opinion, even more so the understanding of radicalism holds the authority of the sources of
Islamic law of the Koran and the Hadith without holding other sources of Islamic law (Said,
2015), so that until now, the polemic of the veil problem has never been exhausted, so that the
writer is very agree with Rahman & Syafiq (2017), opinion ,
about the motivation of women
with Islam using the veil consisting of two factors, namely internal and external. Internally,
Muslim women use the veil as a form of obedience to religious teachings, be more careful in
maintaining self-respect as Muslim women, giving rise to a sense of comfort because of
avoiding promiscuity with opponents type. While the external factor in using the veil is because
it follows the personal model that is admired such as religious teachers, artists, and other public

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figures who use the veil, it can also be caused by the provisions that require the use of the veil
when entering into an agency or organization. Thus, both intrinsically and extrinsically
motivated the use of the veil when viewed from the history of the veil that existed before Islam
came and has been used by adherents of the fire worshipers that the veil used by women is as
a symbol to honor their Lord, so to carry out worship it is obligatory using the veil.
Veil in Al-Qur'an's Perspective and Saddal-Dzari's Concept
The dress code for a Muslim has been established in the Shari'ah through the word of Allah in
the QS. al-Ahzab verses 53 and 59, and in the QS. al-Nur verse 31, as well as several traditions.
In Surat al-Ahzab verse 53 explains the specificity of the hijab for the wives of the Messenger
of Allah, peace be upon him, and about the dress that distinguishes between free women and
slaves. While in Surat al-Nur verse 31, it is explained about the limitation of adornment that
may be displayed by women to men who are not mahram, orders to cover their necks and chests
with the ends of the veil, women may show their jewels to their mahram, male servants who
have no desire for women, and children who do not understand genitals. At the end of the verse,
there is a command to hide the jewelry on the feet by forbidding hitting the feet. While the
traditions in general provide an explanation of the three verses of the Qur'an above.
Related to sura al-Nur verse 31 above, Ibn Umar, Atha ', Ikrimah, Sa'id ibnu Jubair, Abusy
Sya'sa, Ad-Dahhak, and Ibrahim An-Nakha'i and others allowed to show faces, both palms
hand, and the ring (Katsir, 2005). Al-Maraghi is more specific that what may be displayed is a
ring, kohl and nail polish (al-Maraghi, 1974). While there are also other interpreters who
emphasize the prohibition of displaying jewelry, that is, a body that can stimulate men who are
not mahram except those commonly seen from them such as faces and palms (Shihab, 2002).
Of all these propositions, it is not explicitly found the obligation to cover the face of a
Muslim woman who is not the wife of the Messenger of Allah when he goes out of the house
and or in front of men who are not mahram, and there is also no prohibition on the provisions
of the hijab, namely wearing a barrier (satire) when in front of the male ajnabi is specifically
for the wives of the Prophet who is the ummahaatul believers. Based on various histories, this
is related to the verse of the obligation to wear hijab. Therefore after the hijab verse came down,
the believers covered their faces when they left the house. As for other Muslim women, may
be seen on the face and palms, as explained in the hadith narrated by A'ishah who told the
Prophet's advice to Asma ', and the narrations that are in line with it. The necessity to cover
face for Muslim women is the result of ijtihad which is still being debated by the ulama. Jumhur
Ulama said that Muslim women are not required to cover their faces and palms, because there
is no text that prohibits them from opening them. However, Jumhur ulama also did not forbid
women from covering their faces. Thus, as stated earlier, covering the face by wearing the veil
belongs to the category of mubah.
To see the rules of the ban objectively, we must look at the rights side on the one hand and
the authority on the other side. One thing that was agreed upon was that everyone has the right
to worship according to his religion and that must be respected. But institutions, workplaces,
colleges, boarding schools also have the authority to set regulations. It is a convention
(unwritten rule) that anyone, as a worker, student or employee must obey the rules of the

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institution or institution. Whether or not a veil / lecturer on the campus is very dependent on
the code of ethics that has been set. Prohibition of something, including the veil, in addition
must refer to the rules of the code of ethics as well as the sociological and psychological
arguments of policy makers. Policies must be based on clear footing and convincing arguments
through comprehensive research with clear legal considerations, not based on personal
assumptions or interests. If this is done, then the rules will not be swayed and will not be
considered a violation of Human Rights (HAM).
Conclusion
As explained earlier, the use of the veil is not indicated by a clear text of the commands and
prohibitions. Therefore, it belongs to the category of mubah. In this case Jumhur ulama no one
ordered and no one prohibited. There is a method of ijtihad in Islamic law that can be used as
a justification for this policy, namely the Sadd al-Dzari'ah method. Although it still needs an
in-depth analysis whether in this case, the use of this method, has gone through comprehensive
research and study, so it is considered not excessive. If this is related to Islamic law, it is very
much in line with the previously stated principle, namely tasharruf al-imam ‘ala al-ra’iyyah
manthuqun bi al-mashlahati. Then, in terms of concerns about radicalism, terrorism and other
dangers, it is closely related to the study of maslaha and mafsadah in matters related to the use
of veils, which is al-mafasid muqaddamun ‘ala jalb al-mashalih. And this concept actually
manifests from the teachings that exist in the text of the Qur'an
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