Hijab from Pahlavi to Today
Hijab from Pahlavi to Today
Two events, 48 years apart, stand in contrast to each other: the dress code change law in December 1935 and the law of mandatory Islamic hijab in August 1983. In both cases, women were subjects of top-down changes with political motivations, although the consequences of these actions, such as the 45-year rule of mandatory hijab, cannot be considered equivalent.
What worries the religious government in Iran today, leading them to introduce a law named Chastity and Hijab, is a chaotic puzzle indicating that mandatory Islamic hijab is no longer, at least for part of Iranian society, the issue it was as presented by Morteza Motahhari, a theorist of the Islamic Republic, in his book. The government, which since the 1990s has tried every method alongside coercive power in various forms and names, faced a historical intersection with the death of Mahsa Amini in the custody of the morality police in September 2022.
A Law That Cannot Be Enforced
Ahmad Bokharaei, a sociologist in Tehran, referring to the law promoting family support through the culture of chastity and hijab, believes that this law, announced to be implemented on December 14, will not be enforced. He says this law has been criticized from various angles, and even those principled individuals who do not say the law is wrong agree that it is unenforceable and are concerned about its consequences.
According to Article 1 of the Civil Code, resolutions of the Islamic Consultative Assembly and the results of referendums, after going through legal procedures, are communicated to the President. The President must sign and communicate it to the executors within five days and order its publication. The note of the same article states that if the President refrains from signing or communicating within the mentioned period, the official newspaper is obliged to print and publish the resolution within 72 hours at the order of the Speaker of the Islamic Consultative Assembly.
Ahmad Bokharaei considers the statements of Zahra Behrouzi-Azar, Deputy for Women’s Affairs of the President of Iran, about the reverse impact and executive ambiguities of this law as indicative of its inherent and semantic flaws. The author of the book ‘Democracy and Its Enemies in Iran’ talks about the hidden function of the Chastity and Hijab law for Masoud Pezeshkian and his government.
He adds that Mr. Pezeshkian needs to build credibility for himself, and this issue could be seen as beneficial for him and recorded as positive for his government in the eyes of the people. Mr. Bokharaei says Masoud Pezeshkian is someone whom all opposing forces in Iran’s deadlocked society pin their hopes on, and they might give him this credibility to continue the path behind the superficial slogan of national unity. However, Sedigheh Vasmaghi, an Islamic scholar and critic of Iran’s mandatory hijab policy, finds this analysis far-fetched and says the reason for passing this law and highlighting it to such an extent is not to give credit to Masoud Pezeshkian, the President of Iran.
This women’s rights activist asks, does it mean that the principled individuals put themselves more than ever before against the people and discredit themselves so that Pezeshkian gains credibility and the system is preserved? Despite this, Mr. Bokharaei insists on the meaning of the potential non-enforcement of this law and evaluates it as a result of the principled individuals’ relative awareness of the consequences of enforcing such a law. Sedigheh Vasmaghi believes the main concern is not whether the Chastity and Hijab law is enforced or not, but rather, as this Islamic scholar states, the existence of such a law is concerning.
The author of the book ‘Women in Islamic Jurisprudence’ finds the existence of a law that can be a tool in the hands of extremists against social tranquility worrying. Ms. Vasmaghi does not believe in conciliatory solutions or in reforming or suspending the Chastity and Hijab law but says the only thing that can alleviate the concerns of society, especially women, is the repeal of the hijab law. Ahmad Bokharaei also says when an individual matter like hijab is placed under official supervision, it provokes reactions from religious groups. Those who have chosen hijab also react because they see their hijab and beliefs being used instrumentally.
The author of the book ‘Sociology of Silent Lives’ points to the pragmatism of women during the 2022 protests and says they, including Ms. Vasmaghi, removed their headscarves under pressure and harm, paid the price for it, and are still paying and are ready to pay. He believes this confrontation will lead to greater unity and cohesion among women. According to Sedigheh Vasmaghi, veiled women value their hijab only when it is their choice.
According to Ms. Vasmaghi, when a woman wears a headscarf and thinks people see her as following the Islamic Republic’s model, it is also distressing for her. Ahmad Bokharaei refers to the multifaceted nature of pretense and the conflict between opinion and behavior as an institutionalized matter in Iranian society and sees hijab as a bargaining chip for the Islamic government, which is manipulated according to the objectives of those in power and wealth.
