Electronic Theses and Dissertation

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ABSTRACT ZALZA MAYU OKT, 2023 The different views on the hijab caused by the differences in national ideologies and fundamental norms have led some countries to apply the hijab bans in France through Law No. 2010-199, hijab compulsory in Iran through Article 638 of Islamic Penal Code of Iran 1991 and in Aceh, Indonesia through Article 13 of Qanun No. 11 of 2002. In the implementation, this rules allegedly violated the freedom of religion that mentioned in Article 18 of UDHR, ICCPR, Islamic values contained in the Quran, and the principle of Maqashid Sharia and led to religious discrimination due to strict enforcement like harsh sanction, verbal and physical harassment. Meanwhile, as a non-derogable right, the state cannot reduce and restrict the fulfillment of this right. So that everyone can freely wearing the hijab as part of their individual rights to practice the teachings of their religion. This research aims to determine the compatibility between the application of hijab bans in France and hijab compulsory in Iran and Aceh, Indonesia with regards to freedom of religion practices, how the government resolves the religious discrimination issues that arise from these rules, and determine the most suitable and appropriate countries for implementing these rules. The research used juridical-normative research which data were collected based on library research with a comparative approach. The results of this study indicate that the application of hijab compulsory in Aceh, Indonesia was compatible with the freedom of religion. French and Iranian government has failed to resolve the discrimination issued that arise from the application rules. Moreover, Aceh is the most suitable and appropriate in implementing hijab compulsory rather than France and Iran who’s violated Article 18 of UDHR 1948, ICCPR 1976, the Islamic values and the principle of Maqashid Sharia. The suggestion from this research the government of France and Iran should review their national regulation on hijab bans and hijab compulsory in accordance with the international human rights, Islamic values, the principle of Maqashid Shariah, French government should review the misunderstanding of the principle of laïcité and Iranian government should evaluate the performance of Gasht-e Ershaad.