Why Is There No Prescribed Ḥadd Punishment for Unveiling?

Question

Peace be upon you, and God’s mercy.

Dear teacher,

Why does the Noble Qur’an prescribe fixed punishments for some sins that, in essence, violate people’s social rights—for example, theft, adultery, and false accusation—yet prescribe no fixed punishment for not observing hijab, even though this is the root of many sins? The consequences are plain to see in society.

At a press conference with journalists, a woman who was not properly observing hijab brazenly remarked that, when she wanted to attend the event, she had anxiously made her way through a number of back streets so that the morality police would not see her. The president, along with the others present, responded in a way that seemed to suggest that not observing hijab is not a sin, and that if someone abandons hijab, so be it—it is no big deal.

So why is no fixed punishment prescribed for this major sin, which is the source of many other major sins? And if one is prescribed, why is it not enforced? Surely society cannot simply let a thief go free and say that no one has the right to stop him.

What is the difference between a thief and a woman who does not observe hijab? Both are committing sins, defying God’s command, and violating personal and social rights and boundaries. Perhaps failure to observe hijab has even more destructive effects than theft.

I would be grateful for your guidance on this matter.َّهِ الرَّحْمنِ الرَّحيمِ

Accepted Answer

The fact that the Qur’an does not explicitly specify a punishment for failing to observe hijab is no reason to conclude that the offender is exempt from punishment. If we approach hijab with the jurist’s discerning eye, the gravity of the offence will become clearer.

The obligation to observe hijab is a weighty one. It may be said to be among the emphatically prescribed duties and among the divine rulings to which God attaches the greatest sensitivity. It could even be regarded as one of the rulings God guards most zealously. In other words, the law requiring hijab is one of exceptional importance. To violate it is to violate a distinct divine law, one that has been given special emphasis. Without doubt, its punishment, too, will be severe: a punishment for breaking the law and, beyond that, for one who wages war against God’s law has turned to corruption. The punishment for failing to observe hijab therefore falls within the scope of punishment for corruption—and may go further still.

Moreover, since failure to observe hijab can contribute to the spread of indecency, wrongdoing and crime, it encompasses several offences in itself. It is also among the factors that lead to the breakdown of families and other social ills; this further increases the severity and scope of its punishment. The consequences of failing to observe hijab do not affect only the person who goes unveiled. It is like a fire that turns others, too, to ashes in its defiling flames.

The eminent religious authorities should determine the prescribed punishments for failing to observe hijab in light of its extent, scale and severity.

Why Is There No Prescribed Ḥadd Punishment for Unveiling?

The essence and first answer at a glance (60-word summary)

Answer by Master Ali Saei (Abdullah Meshkat)

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