Following Law Of One's Country Is Part Of Faith: Muslim Woman Seeks To Implead In Hijab Case
The name and details of the applicant have been produced in a sealed cover before the Court, citing safety concerns.
A Muslim woman has filed a petition seeking to implead in one of the cases part of the batch of cases relating to hijab row, being heard by the full bench of the Karnataka High Court.
In the petition filed through Advocate Shiraz Quraishi, it is contended that wearing a headscarf is not an essential practice in Islam.
The woman, whose identity has been withheld in the application, and has been submitted to the High Court in a sealed cover for safety and security reasons, claims to be a person who believes in Islam.
The applicant woman also claims that she wears headscarf in the house and in public places. The petition claims that she and her family members do not wear headscarves in educational institutions where it is not allowed, and she believes in maintaining the discipline of the institution.
"Hijab is good practice but not essential dress code and students/citizen of India should obey the law/norm/discipline of particular institute if he or she is part of it to maintain the decorum", the petition states.
The applicant quotes Dr. Khaled Abou El Fadl, a scholar on Islamic law to contend that "He even mentions a great descendent of the Prophet know as Fatima al-Kubra who refused to cover her hair along with the noble woman of her time".
The applicant also contends that Prophet Mohammad has stated that "Love of one's country is a part of faith".
"There is no conflict between one's pledge to religion and their Pledge of Allegiance because exhibiting loyalty to one's country of residence itself becomes a religious practice. Therefore following the rules and law of your country is your faith. Hence the rules instituted by the Authorities should be followed as there is no harm and does not violate the principle of Islam", states the petition.
The applicant also states that the uniform prescribed in educational institutions is to ensure the feeling of equality among all students, irrespective of race, religion, creed, culture, economic disparity etc. The applicant states that relaxation in uniforms results in slackening of discipline.