Was hijab in public enforced legally in premodern times?
The enforcement of hijab in public had varied across different cultures and times in premodern history. In the Islamic context, the Qur'an provides guidance on modesty and dress codes for women, which later became part of the legal framework in many Muslim societies.
For instance, Surah An-Noor instructs believing women on modesty, saying, And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms...
24:31. This verse establishes a foundational principle of modesty that has been interpreted to include wearing the hijab.
Similarly, Surah Al-Ahzaab states, O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, so that they may be recognised and not annoyed
33:59. The directive here specifically addresses the Prophet's family and the believing women, suggesting a communal standard for modest dress.
Tafsir Ibn Kathir explains that the command for women to wear the jilbab (a type of outer garment) was to distinguish them from the pre-Islamic women and to provide them protection and respect in society. This implies a societal expectation and legal framework for modest dress, particularly for women of status, such as the Prophet's wives and daughters.
Historical practices varied, with some regions enforcing these dress codes more strictly than others, often influenced by local customs, rulers' decrees, and cultural interpretations of Islamic teachings. In many cases, wearing the hijab became a legal requirement in certain Islamic societies, enforced through social norms and sometimes formal laws.
Overall, while there was no uniform legal enforcement of hijab in all premodern societies, the principles derived from the Qur'an and subsequent interpretations by scholars did lead to a significant expectation for modest dress among Muslim women, often codified in local laws and customs.
Sources
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24:31 · An-Noor
24:31 · Muhammad Marmaduke Pickthall
وَقُل لِّلْمُؤْمِنَٰتِ يَغْضُضْنَ مِنْ أَبْصَٰرِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ ءَابَآئِهِنَّ أَوْ ءَابَآءِ بُعُولَتِهِنَّ أَوْ أَبْنَآئِهِنَّ أَوْ أَبْنَآءِ بُعُولَتِهِنَّ أَوْ إِخْوَٰنِهِنَّ أَوْ بَنِىٓ إِخْوَٰنِهِنَّ أَوْ بَنِىٓ أَخَوَٰتِهِنَّ أَوْ نِسَآئِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَٰنُهُنَّ أَوِ ٱلتَّٰبِعِينَ غَيْرِ أُو۟لِى ٱلْإِرْبَةِ مِنَ ٱلرِّجَالِ أَوِ ٱلطِّفْلِ ٱلَّذِينَ لَمْ يَظْهَرُوا۟ عَلَىٰ عَوْرَٰتِ ٱلنِّسَآءِ ۖ وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ ۚ وَتُوبُوٓا۟ إِلَى ٱللَّهِ جَمِيعًا أَيُّهَ ٱلْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ
And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands' fathers, or their sons or their husbands' sons, or their brothers or their brothers' sons or sisters' sons, or their women, or their slaves, or male attendants who lack vigour, or children who know naught of women's nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed.
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33:59 · Al-Ahzaab
33:59 · Muhammad Marmaduke Pickthall
يَٰٓأَيُّهَا ٱلنَّبِىُّ قُل لِّأَزْوَٰجِكَ وَبَنَاتِكَ وَنِسَآءِ ٱلْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِن جَلَٰبِيبِهِنَّ ۚ ذَٰلِكَ أَدْنَىٰٓ أَن يُعْرَفْنَ فَلَا يُؤْذَيْنَ ۗ وَكَانَ ٱللَّهُ غَفُورًۭا رَّحِيمًۭا
O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, so that they may be recognised and not annoyed. Allah is ever Forgiving, Merciful.
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Tafsir Ibn Kathir on 33:59
Tafsir Ibn Kathir · 33:59
Allah Almighty commands His Messenger, peace be upon him, to instruct the believing women—particularly his wives and daughters, out of their elevated status—to draw their jilbabs (outer garments) close around themselves. This serves to distinguish them from the attire of women in the jahiliyyah (pre-Islamic ignorance) era and from those who were slaves. The jilbab is explained by many early scholars such as Ibn Mas'ud, Ubaydah, Qatadah, Hasan al-Basri, Sa'id ibn Jubayr, Ibrahim al-Nakha'i, 'Ata' al-Khurasani and others, as a cloak worn over the khimar (head covering). It corresponds roughly to an outer wrap or mantle, similar to a waist wrapper today but covering the head and body also. Al-Jawhari defined the jilbab as the 'melhafa' (a mantle or large shawl). A woman from the tribe of Hudhayl beautifully described the jilbab as the garment covering young women as they walk gracefully. Ali ibn Abi Talhah, reporting from Ibn Abbas, said that Allah commanded believing women when leaving their homes on an errand to cover their faces with their jilbabs, leaving just one eye visible. Muhammad ibn Sirin once asked Ubaydah al-Salmani about the phrase “they should draw their jilbabs close over themselves”; Ubaydah covered his face and head with a garment showing only his left eye prominently. Ikrimah remarked that the jilbab should be drawn so as to cover the neck opening tightly. Ibn Abi Hatim narrated from Umm Salamah that when this verse was revealed, the women of the Ansar appeared wearing dark cloaks over their heads and faces, like black clouds of tranquility, out of adherence to this command. There is also an explanation regarding free women and slave women: if a woman was married, she was to wear the khimar, but slaves did not wear the jilbab as it was disliked for them to imitate free women unless they were chaste. The verse specifically addresses the wives, daughters, and believing women. Sufyan al-Thawri commented that viewing the adornment of women of non-Muslims living under Muslim protection is permissible; the prohibition stands only to prevent temptation, not because their adornment is inherently forbidden. He supported this view by referencing the verse which addresses only the believing women. Allah says that drawing the jilbab closely is "that is more suitable that they will be known and not harmed." Ibn al-Suddi explained that before this revelation, some immoral people used to harass women at night in Medina. Since houses were small and streets narrow, when women went out at night they were vulnerable. Those who saw a woman with a jilbab recognized her as a free woman and refrained from bothering her; those without were presumed to be slaves and targeted. Mujahid said that covering themselves with jilbabs enabled free women to be recognized and protected from harm or suspicion. The verse then adds: "And Allah was Forgiving, Merciful" — indicating that disbelief and ignorance prevailed in the pre-Islamic era before this knowledge was granted. Next, the verse warns the hypocrites—those who display faith outwardly but conceal disbelief in their hearts. Ikrimah and others identified these as adulterers and rumor-spreaders in Medina who fabricated false alarms of enemies and wars. The verse threatens that if they do not desist and return to truthfulness, Allah will incite the Prophet against them, empowering him over them, causing turmoil or granting victory against them. They will not find refuge in the city except a few; these will be accursed, weak and few in number, caught and killed wherever found. The verse concludes by affirming that this is Allah’s established law with those who rebel and persist in hypocrisy and disbelief: the believers will be empowered to overcome and punish them. And Allah’s way does not change nor have any substitution. In summary, this ayah commands believing women to cover themselves in a distinctive outer garment to distinguish themselves from non-free women and to be protected from harm. It elucidates the social context of Medina, addresses previous ignorance and current reality, and warns the hypocrites of Allah’s impending justice.
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