Legal Obligation of Hijab from the Perspective of Citizenship Rights

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Citizenship rights encompass the legal entitlements that citizens of a society enjoy in a reciprocal relationship with a specific governance. One of the contentious issues regarding the relationship between individuals and the state, and the observance of citizenship rights, is the legal obligation of hijab and how the state addresses this matter. Objective This study examines the relationship between the legal obligation of hijab and citizenship rights in the Islamic Republic of Iran. To this end, the study first uses a descriptive method to examine the principles of the Constitution related to citizens' observance of the hijab. It then analyzes and deduces the legal foundations of the relationship between the legal obligation of the hijab in society and the necessity of respecting citizenship rights. Concerning various principles of the Constitution, government intervention in citizens' religious and legal attire is essential. The non-observance of hijab in society has detrimental effects on the framework of citizenship rights such as public order, social security, and the physical and mental health of citizens, and poses a serious threat to the moral system of society leading to numerous social harms, so citizenship rights are closely linked to hijab. The findings of this study show that the legal obligation of hijab is not only consistent with citizenship rights but also, in an Islamic society, the realization of citizenship rights without considering the legal framework of hijab is at risk. Consequently The government's duty to uphold and expand hijab and observe citizenship rights does not necessarily mean using criminal and judicial measures against individuals who do not observe hijab; rather, considering the totality of the principles of the Constitution, the government is obliged to adopt the best means of inviting the establishment of this virtue, forbidding vice, and educating and institutionalizing it within the framework of citizenship rights.
Language:
Persian
Published:
Journal of Islamic Studies of Women and Family, Volume:11 Issue: 1, 2024
Pages:
121 to 142
https://magiran.com/p2811306