The Relationship Between Protective Hijab and Islamic Citizenship Rights with Reference to the Constitution

Abstract

Hijab is one of the fundamental rulings of Islamic Sharia, encompassing both individual and social dimensions. The social aspects of hijab are closely related to the citizenship rights of individuals. For this reason, the present study addresses the connection between hijab and citizenship rights by referencing principles of the Constitution. The central question posed is: In what ways can protective hijab contribute to Islamic citizenship rights? The findings of the study demonstrate that lack of hijab is detrimental both to individuals and society; it undermines the rights of other citizens in an Islamic society. Moreover, based on the principle of rights and duties, citizens in an Islamic community have a significant responsibility to observe social norms and promote good behavior. Ultimately, protective hijab serves as a guarantor of collective well-being within the family and the broader society. Neglecting this obligation constitutes a violation of citizenship rights in society, given that hijab—like any other right—must be respected as a normative standard by other members of the community. Although the issue of hijab is not explicitly addressed in the Constitution, Article 4 of the Constitution mandates that all laws and regulations must be based on Islamic principles, thereby legitimizing the societal expectation of religious dress codes. Furthermore, Article 638 of the Islamic Penal Code (ratified in 2013) classifies public unveiling as a criminal offense. Practical strategies for realizing the concept of protective hijab include promoting a culture of modesty based on moderation within the family unit, and subsequently, establishing a comprehensive law regarding hijab in Islamic society. This study employs a descriptive-analytical method and utilizes library resources as its primary tool of data collection.