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The Polemic Prohibition of Wearing Veil in Perspective Al-Qur'an and Sadd Al-Dzari’Ah

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The Polemic Prohibition of Wearing Veil in Perspective Al-Qur'an and Sadd Al-Dzari’Ah 2487 Talent Development & Excellence Vol.12, No.3s, 2020, 2487 - 2495 The Polemic Prohibition of Wearing Veil in Perspective Al-qur'an and Sadd Al-dzari’ah Isnawati Rais1, Hasani Ahmad Said2 1Faculty of Shari’a and Law, Syarif Hidayatullah State Islamic University Jakarta, Indonesia [email protected] 2Faculty of Ushuluddin, Syarif Hidayatullah State Islamic University Jakarta, Indonesia Coresponding author: [email protected] 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 ISSN 1869-0459 (print)/ISSN 1869-2885 (online) © 2020 International Research Association for Talent Development and Excellence http://www.iratde.com 2488 Talent Development & Excellence Vol.12, No.3s, 2020, 2487 - 2495 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 ISSN 1869-0459 (print)/ISSN 1869-2885 (online) © 2020 International Research Association for Talent Development and Excellence http://www.iratde.com 2489 Talent Development & Excellence Vol.12, No.3s, 2020, 2487 - 2495 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.
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