WITH protests in Iran that have ignited outrage across the world, it is a wake-up call for legislators to finally revise laws regarding the use of the hijab – the headscarf donned by Muslim women – which represents a spectrum ranging from curtailing personal liberties to adjuring the right to exercise this religious requirement.

The death of Mahsa Amini purportedly detained by Iran’s morality police denotes yet another chapter in gender-based violence. Her death spurred civil disobedience, driven by Iranians’ long-standing resistance to mismanagement, inequality and corruption.

Since 1979, Iranian women have faced systematic violations of their rights. When Ayatollah Khomeini came to power, the role of women became limited, particularly when he set out to implement the “Islamification of Offices”. Unveiled women were prohibited from gaining positions in Islamic ministries. This oppression was the catalyst for the unrest that brought about the Iranian revolution. The progressive forces showed that Iranian women were ready to fight the injustices levelled against them. 

Forty years on, the politicisation of the hijab gives rise to more nationwide civil unrest. This prevalent issue centred on the conventional image of gender equality has been posed as an American value – contradicting the Islamic religious requirements imposed by Iran. Unveiled women become the stereotypes of the “socially irresponsible”, a rhetoric used to limit access to education and working outside of the home. 

It was recently alleged that Iran’s morality police had been disbanded. This would have been a great triumph for Amini’s supporters if it were true. The protest movement is inevitable as demands are best communicated by a performance administrations cannot ignore. Imposing hijab as compulsory headwear for women is an apparent case of discrimination that infringes the core principle of human rights.

Donning a hijab should be seen as a personal choice and this decision should not result in any form of state-backed discrimination. Islam is a beautiful religion that allows the freedom of belief, love and forgiveness. In my view, choosing to wear a hijab should be based on one’s individual relation with the divine. 

As set forth in article 3 of the International Covenant on Civil and Political Rights (ICCPR), to which Iran is legally bound by its provision, it is the state’s responsibility “to ensure the equal right of men and women to the enjoyment of all civil and political rights”. Detaining women just because of their choice of clothing or dismissing Islamic hijab rules are violating this very article, while simultaneously challenging the right to expression and belief under article 19 of the ICCPR that states: “Everyone shall have the right to hold opinions without interference.”

While laws are a step in the right path, there is little to no leeway given to Iranian women to provide them with the right to personal choice. Commanding women to comply with hijab laws are a reflection of a persisting discriminatory culture and prolonged religious orientations in Iranian society.

There are several gaps and missing links in Iranian legislation that renders the country far from being  woman-inclusive due to cultural reasons. Greater efforts by legislators and world leaders are required to push for policies that will protect women’s civil liberties. 

We must acknowledge the multifaceted nature of why women are subjected to unjust acts and prejudices and avoid feigning indifference to this issue. Wearing a hijab is a religious choice made by women and should not be used as a political symbol of oppression and marginalisation. – January 16, 2023.

* Haniss Haidi reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.