Al-Ḥijāb: Why Do the Rulings Differ Between Men and Women?

In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, Lord of the worlds, and may peace and blessings be upon the most noble of messengers.

To proceed: Among the contemporary misconceptions raised against the rulings of Islamic Law (al-Sharīʿah) is the claim made by some: “Why is al-Ḥijāb (the modest covering) mandated for women but not for men? Is this not an unjust discrimination against women? Why are the rulings not identical and equal between the two sexes? Where is the justice and equality in this distinction?”

This misconception arises from a flawed and misunderstood concept of justice and equality. It ignores the profound wisdom behind the diversity of rulings, which are tailored to the distinct natures of each sex and their respective roles in society.

Methodological Errors at the Core of the Misconception

Error 1: Failing to Understand Allah’s Right to Diverse Legislation

Allah the Almighty is the All-Wise (al-Ḥakīm) and All-Seeing (al-Baṣīr). His wisdom is firmly established by the clearest intellectual and cosmic proofs. Anyone who reflects upon this vast universe—from the smallest details to the grandest celestial bodies—will find a precise system and a staggering accuracy that testifies to a profound wisdom that cannot be mere blind chance.

Consider the precision of the atomic system and the complex balance between protons and electrons, or the solar system and galaxies that have traveled in specific orbits for billions of years without deviation. Look at the human body and its amazing complexity: the heart that beats 100,000 times a day for decades, the eye containing millions of photoreceptors, and the brain that processes information at speeds exceeding the most powerful computers.

Consider the complex ecological balance and the overlapping natural cycles: the water cycle, the oxygen cycle, and the carbon cycle, and how they all integrate to maintain the continuity of life. All of this indicates the perfect wisdom, vast knowledge, and total power of the Creator, Glory be to Him.

He Who Created with Wisdom Legislates with Wisdom

The same God who created this magnificent universe with such precision and wisdom is the one who legislates rulings and laws for human beings. He is the one who created this being as a male and that being as a female, and He knows best what benefits each and what suits their nature and role in life.

Just as Allah has the absolute right to create what He wills and how He wills, He has the absolute right to command whom He wills with what He wills. He places for every creature the rulings that suit their creation, nature, and role.

Allah has assigned certain rulings, duties, and responsibilities to the man:

He is commanded to provide maintenance (al-Nafaqah) for his wife and children, even if the wife is wealthy and financially independent.

He is obligated to pay the marriage gift (al-Mahr).

He is tasked with congregational prayer in the mosque.

He is obligated to perform Jihād (striving or military defense).

He carries the responsibilities of leadership and guardianship.

Similarly, He has assigned other rulings to the woman that suit her nature and role:

He commanded her with al-Ḥijāb and modest covering when going out.

He gave her the right of decision in household affairs and raising children.

He granted her the right of custody (Ḥaḍānah) for young children.

He exempted her from the duty of financial maintenance.

He dropped the obligation of Jihād and military service from her.

This diversity in legislation stems from Allah's absolute knowledge of the nature of each sex and His profound wisdom in organizing society to achieve both public and private interests.

The Correct Stance of the Believer Toward Divine Rulings

A true believer does not stipulate that they must understand every divine wisdom behind every ruling before they obey and comply. Why? Because true faith in Allah’s wisdom means absolute trust in Him, even in matters where we do not yet grasp the secret or the wisdom.

This is similar to the relationship of a sensible child with wise parents—and to Allah belongs the highest example. The child trusts the parents' decisions and guidance even if they do not always understand the wisdom behind them, because they know the parents love them and want their best interest. The fundamental difference here is that Allah’s knowledge is absolute and His wisdom is perfect, whereas human parents may occasionally err in judgment despite their good intentions.

To say, “I will not obey Allah in a certain ruling until I understand the wisdom with my limited mind,” is like saying, “I will not trust Allah until He justifies His actions to me.” This contradicts the essence of servitude (al-ʿUbūdiyyah) and faith. A true servant says: “I believe in the wisdom, justice, and knowledge of my Lord. If I understand the wisdom, my faith increases; if I do not, the deficiency is in my limited understanding, not in the Divine wisdom.”

Allah’s Total Independence from Worship and Obedience

We must always remember that Allah is Absolutely Independent (Ghanī) of the worlds and their worship. Whoever obeys benefits themselves, and whoever disobeys harms themselves. Allah is not benefited by the obedience of the obedient, nor harmed by the disobedience of the sinners.

He does not need our worship, our Ḥijāb, or our prayers. Allah says: “And whoever is grateful is grateful for [the benefit of] himself. And whoever denies [His favor] - then indeed, Allah is Free of need and Praiseworthy.” [Luqmān: 12]. Out of His mercy and kindness toward us, He legislated these rulings because they contain our righteousness and happiness in this world and the Hereafter.

Error 2: A Flawed Understanding of Justice and Equality

One of the greatest methodological errors in this misconception is the false belief that absolute "sameness" in all rulings for all people constitutes justice, and that any distinction in treatment is "injustice." This is a superficial understanding of equity.

Human societies everywhere, even those claiming absolute equality, acknowledge a basic fact: absolute sameness in all rulings leads to injustice. True justice requires considering the natural and realistic differences between different groups.

Look at any advanced society today; you will find social and legal systems built on logical and just distinctions:

Business and Economics: Investors have specific licenses and tax exemptions not granted to employees. Small businesses are treated differently than large corporations.

Professional Fields: Doctors have the right to prescribe medicine and perform surgery; others are legally barred from doing so, regardless of how much they read about medicine.

Financial Matters: The wealthy pay more taxes than the poor—a clear distinction—and the poor receive social subsidies that the wealthy do not.

Citizenship: Citizens have political and economic rights that foreign residents do not have, even if the resident has lived there for fifty years.

Education and Services: Students receive discounts; the elderly have priority in health services; people with disabilities have designated parking and building facilities.

Justice Lies in Considering Differences, Not Ignoring Them

All of this distinction is not "injustice"; it is an attempt to achieve real justice and social benefit. Every group has its own circumstances, nature, needs, and roles. True justice requires considering these realistic differences, not ignoring them in the name of abstract equality.

If this distinction is accepted and applied between a trader and a non-trader, or a citizen and a resident, why is it rejected when it comes to men and women in certain rulings? This is especially true given that the biological and psychological differences between the sexes are often deeper and more fundamental than many other differences contemporary laws respect.

True justice, therefore, is giving every right-holder their due in a way that suits their nature, circumstances, and role, rather than imposing an imaginary sameness that ignores reality.

Integration of the Legal System: Rights and Duties in Perfect Balance

The Islamic Sharīʿah has established a precise social and economic system based on the balanced and just distribution of roles, responsibilities, rights, and duties among members of society. This system is an integrated framework where each part completes the other to achieve the necessary equilibrium.

In this divine system, financial maintenance (al-Nafaqah) is an established and firm right for the woman. It is not a charity, a favor, or aid conditioned upon her being in need or poor. This is a sacred right that is not waived even if the woman is wealthy, financially independent, or capable of earning.

A man is religiously and legally obligated to provide full maintenance for his wife regardless of her financial level. Even if the woman is a millionaire managing companies and vast investments, the husband remains responsible for providing suitable housing, appropriate clothing, good food, and domestic service befitting her social status. This is a right decreed for her in the Sharīʿah, not a kindness or a voluntary act from the husband.

Before marriage, a father is obligated to support his daughters regardless of their age, even if they can earn. After a father's passing or parental separation, a son is obligated to support his mother and unmarried sisters. An elder brother is also obligated to support his sisters in specific cases defined by jurists.

Obligation of Maintenance Entails Going Out to Earn

This religious and legal obligation of maintenance necessitates that a man must leave the home daily for work, trade, and earning. The religious duty of maintenance cannot be fulfilled in most cases except through labor and earning.

The man leaves his home every morning, spends long hours at work, deals with markets, traders, and clients, and travels for business. This is the reality of his daily life, imposed upon him by the heavy financial responsibilities Allah has placed on his shoulders.

The Status of the Woman in the Legal System

In contrast, because the woman is financially guaranteed and her provision, housing, and clothing are secured, she is not forced or compelled to leave the home for work and earning. Her presence in her home among her family is the foundational state, while her going out for needs and necessities is the exception.

Her home is her kingdom which she manages, and her children are her primary responsibility to raise and educate. Her husband and family are her priority for care and attention. This is her primary role, through which Allah has honored and dignified her.

Wisdom in the Variation of Rulings

From this differing reality of the two sexes in their roles and responsibilities, the rulings of dress and adornment (al-Zīnah) came to be proportionate with the nature of each one's life and function in society.

The man, who must necessarily leave daily for work and spend most of his time interacting with people, was not bound by strict restrictions in dress that might hinder his movement or make his task more arduous.

The woman, whose outings are limited and who spends most of her time in her home, was commanded with al-Ḥijāb and modesty when she goes out for a necessity. This command does not constitute a real burden on her daily life at home, nor does it obstruct her primary role in the family and society.

Psychological and Physiological Considerations

In addition to social considerations, there are established psychological and physiological factors: a man, by his biological nature, is often more visually stimulated than a woman. A woman, in her special physical and physiological makeup, possesses elements of attraction and beauty that may trigger this stimulation in men.

Al-Ḥijāb achieves the required balance in this sensitive social equation: it protects the woman from intrusive gazes and unwanted comments, protects men from unnecessary temptation and stimulation, and protects society as a whole from the moral chaos that might result from neglecting this aspect.

Sharīʿah and Public Interest: Prioritizing Collective Welfare Over Individual Whims

Rulings in Islam were not revealed to satisfy personal whims or individual preferences, but to achieve real benefit, collective welfare, and happiness in both worlds. This is a fundamental principle in understanding the nature of Divine Law and its higher objectives (Maqāṣid).

The Principle in Man-Made Laws

This principle—prioritizing public interest over personal desire—is accepted even in man-made laws worldwide. No civilized nation places laws to please every individual’s whim; rather, they are placed for the public good, even if they conflict with the desires of some.

Traffic Laws: Prevent high-speed driving to protect society from accidents, even if some enjoy speed.

Environmental Laws: Prevent factories from dumping waste in rivers to save costs.

Health Laws: Prohibit smoking in public places to protect others' health.

The Impossibility of Satisfying All Individual Whims

If a state tried to please everyone's contradictory whims, it could not establish a single law. One person wants absolute freedom, another wants strict safety, a third wants wealth without effort. A wise government balances benefits and harms to choose what achieves the greatest good for the majority.

The Difference Between Sharīʿah and Man-Made Laws

The Divine Sharīʿah applies this principle with greater perfection. Allah may legislate what the soul dislikes, but it is actually good for it. Allah says: “But perhaps you hate a thing and it is good for you; and perhaps you love a thing and it is bad for you. And Allah knows, while you know not.” [al-Baqarah: 216].

Applying the Principle to al-Ḥijāb and More

Al-Ḥijāb may be disliked by some because it conflicts with prevailing fashion or limits absolute freedom of display. However, it achieves great benefits:

It protects women from being reduced to mere physical bodies and ensures they are respected for their minds and achievements.

It preserves their dignity and protects them from intrusive comments.

It protects society from moral instability and harmful competition in physical appearance.

Similarly, the prohibition of alcohol may bother those who enjoy it, but it protects society from crimes committed under influence, fatal accidents, and the destruction of families. The prohibition of al-Zinā (unlawful relations) preserves lineages and protects society from disease. The command of al-Zakāh (obligatory charity) might be disliked by the miserly, but it achieves social solidarity and fights poverty.

Conclusion: Wisdom in Diversity and Justice in Balance

Al-Ḥijāb and the distinction in dress rulings between men and women are not isolated or arbitrary decisions; they are an organic part of an integrated system that achieves real justice between the sexes.

The variation in certain rulings is not "unjust discrimination" but a wise consideration of fixed biological and psychological differences and the complementary roles of each sex in building society. As we have seen, even modern societies that claim absolute equality recognize the necessity of distinction in many laws and treatments. True justice is not blind "sameness," but giving every right-holder what fits their nature, circumstances, and responsibilities.

Most importantly, these rulings are from the All-Wise, the All-Knowing, who created humans as male and female and knows exactly what suits each. True faith requires submission to Allah’s judgment even if we do not grasp every wisdom, as our understanding is limited while His is absolute.

Al-Ḥijāb is, in reality, a great honor for the woman and a preservation of her dignity. It ensures she is treated as a complete human being with a mind and personality, not just a body for visual pleasure. It is part of an integrated system that protects the woman, honors her status, and preserves social stability.

The true believer, surrendered to Allah, says: “We hear and we obey,” satisfied with Allah’s judgment and trusting in His wisdom. All praise is due to Allah who guided us to the religion of truth and justice.