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All Journal Journal of Fiqh and Usul
محسن ملك افضلی اردكانی, محسن
جامعة المصطفی العالمیة
Law, Crime, Criminology & Criminal Justice

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An analysis and criticism of the arguments for the individuality of the hijab فلاح, فاطمه; ملك افضلی اردكانی, محسن
فقه و اصول سال. Û´Û·, شماره. Û²: شماره پیاپی Û±Ã
Publisher : انتشارات دانشگاه فردوسی مشهد

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22067/fiqh.v47i21.37517

Abstract

The hijāb is a religious obligation based on numerous sources and jurisprudential arguments. Some consider the hijāb as an individual and not a social issue, arguing that it essentially does not fall in the sphere of state interference and even other people’s intervention. The present paper discusses this important and critical issue within the responsibility domain of the Islamic state. Thus, by challenging the arguments of those who believe in the individuality of the hijāb, the paper aims to prove its sociality. The arguments are divided into two major categories: the juridical-legal and the Qur’anic, each of which find their appropriate responses in this paper. In addition, the jurisprudential aspect is studied more deeply. It should be noted, however, that the social essence of the hijāb and chastity, as well as the responsibility of the Islamic state as to protect and propagate the ideal, does not mean that the government should resort to force or judicial and penal measures for that purpose. Instead, on the basis of jurisprudential arguments, the state is obliged to adopt some of the best ways and mechanisms in order to encourage the people to exercise this good deed.
Co-Authors فاطمه فلاح, فاطمه