Human Rights and Question of Legal Wear

Document Type : Original Article

Authors

1 Member of Political Jurisprudent Department of Shahid Beheshti University

2 Associate Professor of Shahid Beheshti University

Abstract
A common belief has it that human dress is a personal issue associated with one’s private life and therefore, nobody, including governments, is authorized to interfere therewith. Exactly opposite to this belief is the belief that the issue of human dress is a public matter which governments are obligated to interfere therein. This study aims to investigate whether human dress and hijab is a private or public matter, which would subsequently clarify whether or not governments can interfere with it. To do so, we first compared private domain limitations in Islam and the West. Since in the West, the private domain is determined by custom and law while in Islam, in addition to custom and law, sharia is also involved, the individualist and epicurean Western-style public domain is much larger. The difference is such that Western society may consider something to belong to the private domain while in Islamic legal system, the same thing belongs to the public domain. In the second phase, the association of hijab with the public and private domains was investigated. It became clear that because legally speaking, “privacy” covers an affair which is not done in public and is done in solitude, the hijab and dress style in public places is not a private matter. More clearly, the hijab and dress style is considered a private matter within the private domain and a public matter within the public domain.

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