Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 11 3 2024 09 22 Study of Hijab with Legal and Epistemilogic Approach in Iraninan and Western Law Study of Hijab with Legal and Epistemilogic Approach in Iraninan and Western Law 187 208 3012 10.22091/csiw.2024.10624.2530 FA Rezahosin Gandomkar Associate Professor of Private Law, Faculty of Law, University of Qom, Qom, Iran. Samaneh Najafi Master's Student in Private Law, Faculty of Law, University of Qom. Journal Article 2024 04 16 Hijab is one of the branches of religion, it is effective in society and it is the subject of special attention and care of religious scholars and religious community, and it is one of the certainties and necessities of Islam, and many verses and Hadiths clearly indicate it. The provisions of the satutue law also provide special sanction for violating Hijab. The main question of this research is that from an epistemological and educational perspective in the Islamic system, what is the basis and necessity of Hijab and the legal sanction of its violation? In response, with the descriptive and analytical method, we came to the conclusion that the fundamental goal of religion is to educate and develop man, and to rise to righteousness and his path towards God. Hijab is considered one of the necessities and prerequisites for human growth, and from this perspective, its scope and limits, and the necessity of observing it by both men and women, are also determined. Purpose of religion and the religious government is to create a basis for human development and to achieve happiness in the hereafter and the prerequisite of this purpose is to clean the society from any pollution that disturbs and hinders human growth. In addition to creating a healthy and constructive environment and cultivating and educating people, with evidence, Quran, and standards, Holy lawyer deals with any kind of corruption and deviation, and in the legal system has enacted civil and criminal sanctions for violatating it. Hijab is special for men and women to moderate and control their emotions and passions and to create immunity and for the active presence of men and women in the society, and it causes the removal of many sins and corruptions and is the basis for attaining divine nearness. In the Western worldview based on humanism, individualism, the principle of hedonism and the originality of the human body, especially women's, is reduced to the level of a tool and manifestations of clothing that contradict this principle are fought against. Hijab is one of the branches of religion, it is effective in society and it is the subject of special attention and care of religious scholars and religious community, and it is one of the certainties and necessities of Islam, and many verses and Hadiths clearly indicate it. The provisions of the satutue law also provide special sanction for violating Hijab. The main question of this research is that from an epistemological and educational perspective in the Islamic system, what is the basis and necessity of Hijab and the legal sanction of its violation? In response, with the descriptive and analytical method, we came to the conclusion that the fundamental goal of religion is to educate and develop man, and to rise to righteousness and his path towards God. Hijab is considered one of the necessities and prerequisites for human growth, and from this perspective, its scope and limits, and the necessity of observing it by both men and women, are also determined. Purpose of religion and the religious government is to create a basis for human development and to achieve happiness in the hereafter and the prerequisite of this purpose is to clean the society from any pollution that disturbs and hinders human growth. In addition to creating a healthy and constructive environment and cultivating and educating people, with evidence, Quran, and standards, Holy lawyer deals with any kind of corruption and deviation, and in the legal system has enacted civil and criminal sanctions for violatating it. Hijab is special for men and women to moderate and control their emotions and passions and to create immunity and for the active presence of men and women in the society, and it causes the removal of many sins and corruptions and is the basis for attaining divine nearness. In the Western worldview based on humanism, individualism, the principle of hedonism and the originality of the human body, especially women's, is reduced to the level of a tool and manifestations of clothing that contradict this principle are fought against.

https://csiw.qom.ac.ir/article_3012_4e2484ee64f765e3c0f736c4f972b499.pdf