Attire: Between Professionalism and Identity (4)
Clothing Between Sharia and the Constitution: Where Does the Circular Stand?
At the end of the third episode, we asked: What controls for modesty and dignity does Islam establish, and what are the limits of administrative organization in Kuwait? This question leads us back to the article by writer Ahmed Al-Sarraf and the Ministry of Finance circular, which marked the beginning of this series. We discussed Ma’wa’s measurement, the image of the institution, and shifts in societal taste; now, we distinguish between three matters that often get mixed up: the ruling of Sharia, the principle of the Constitution, and administrative discretion.
If clothing is not a measure of trustworthiness and productivity, does it become an unregulated matter?
First: What does the Quran say about clothing? Allah, the Exalted, says: “We have sent down to you clothing to cover your private parts and as adornment, and the clothing of righteousness—that is best.” [Al-A’raf: 26]. The verse mentions covering and adornment, then alerts us that the piety of the heart is superior to outward beauty. The Quran commands taking adornment when entering the mosque and prohibits extravagance. Allah, the Exalted, says: “O children of Adam, take your adornment at every masjid, and eat and drink, but be not excessive. Indeed, He likes not those who commit excess.” [Al-A’raf: 31]. Furthermore, in Surah An-Nur, there is a clarification of the controls for modesty and adornment. Allah, the Exalted, says: “And tell the believing women to reduce [some] of their vision and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their headcovers over their chests and not expose their adornment except to their husbands… And let them not stamp their feet to make known what they conceal of their adornment. And turn to Allah in repentance, all of you, O believers, that you might succeed.” [An-Nur: 31].
Thus, in the Islamic conception, clothing is not a neutral material devoid of meaning; it is connected to modesty, chastity, and dignity, while allowing for legitimate freedom in beauty and differing customs. These texts do not extract a specific type of shirt, a uniform of a specific color, or open authority for a manager to inspect bodies. A garment that comes from outside our environment does not become forbidden merely because of its source; the judgment on clothing relates to what it covers and what it reveals, and to its appropriateness to the context, not to the gender of its designer. Therefore, we must not confuse a fixed religious ruling, a respected social custom, and a revisable administrative decision. Each has its own domain and justification.
Second: Is good appearance arrogance? A man asked the Prophet ﷺ about his love for wearing fine clothes and good shoes. The Prophet ﷺ replied: “Indeed, Allah is Beautiful and loves beauty.” He also clarified that arrogance is rejecting the truth and belittling people, as recorded in Sahih Muslim. This answer regulates the entire debate: Adornment is not a flaw, and humility does not require neglecting one’s appearance, just as the neatness of one’s clothes does not grant its wearer a certificate of good character. One who wears the finest clothes but mistreats citizens has violated the purpose of the job, and one who performs his duties with precision is not exempt from the requirements of his position. Outward appearance and inner character cooperate when each is placed in its proper context, and the balance is upset when one becomes an excuse for neglecting the other.
Third: What does the Kuwaiti Constitution stipulate? Article 2 of the Constitution states that Islam is the religion of the state and that Islamic Sharia is the main source of legislation. Article 26 establishes that public offices are a national service. Article 29 affirms the equality of people in dignity, public rights, and duties. Article 49 states that observing public order and respecting public morals is a duty incumbent upon all residents of Kuwait. The Code of Conduct for Public Employees also mentions maintaining an appropriate appearance as part of professional ethics. These are important texts and principles, but they do not constitute a ready-made list specifying the lengths and colors of clothing, nor do they permit turning professional observation into an infringement on dignity. One who demands a dress code finds support for the principle, and one who demands clarity and equality finds support for that as well. It is incorrect to leap from a constitutional text that establishes the state’s identity or the duty to respect morals to claim that every detail in an administrative circular has become a constitutional ruling. Details are tested by their relevance to the job, the soundness of their wording, and the manner of their implementation. In this way, we preserve the status of the constitutional text and keep administrative decisions subject to criticism and correction.
Fourth: Where does the authority of management begin and where does it end? The authority has the right to regulate matters related to the job and the work environment, and to specify what it deems appropriate for visitors and the nature of the task. However, regulatory authority must not be exercised based on personal impressions. If terms such as “modest color” or “restrained attire” are used, their meaning must be clarified before accountability is enforced. If professions differ, the details should vary accordingly to meet specific needs. If a violation is alleged, procedures must be followed that protect privacy, allow for appeals, and ensure that penalties are proportionate. Ambiguity oppresses employees and undermines the decisions that management seeks to defend. Moreover, adherence to Sharia-compliant guidelines does not justify humiliating or demeaning people, nor does any difference in appearance constitute a judgment on an individual’s faith. Employees have the right to know what is required of them before being held accountable, and rules must be applied fairly to similar cases. The guidelines for female employees’ attire require particular attention to privacy and the prevention of embarrassment.
Fifth: Which decisions deserve to be generalized? The call is not to replicate the Ministry of Finance’s circular in every institution, but to establish a national framework that defines objectives and boundaries: modesty, dignity, and appropriateness, alongside fairness, privacy, and clarity. Details should then be justified and determined by each institution according to its function, with employee participation in drafting them, and reviewed whenever implementation flaws emerge. Most importantly, performance competence and the quality of treatment of visitors must take precedence in accountability. It is absurd for management to scrutinize employees’ attire while being lax in preventing the obstruction of public interests. If a decision demands respect for the institution, it must first respect those who work in it and those who visit it.
The mockery of some individuals prompted a question that deserves an answer, which we revisit from four perspectives: profession, identity, cultural change, and the Sharia and constitutional framework. Neither what suits the Ministry of Finance’s circular as a model, nor a measuring tape, preserves the dignity of the state. The proper measure is a clear decision based on a legitimate purpose, applied fairly, and evaluated by its impact on service and human dignity. In that case, attire becomes one of the messages of identity, work is its proof, and human beings are too noble to be reduced to their clothing.
Al-Zubdah
1. The Quran prescribes modesty, adornment, and piety, and does not impose a single uniform model for clothing.
2. Beauty is permissible, and elegance does not replace integrity and professionalism.
3. The Constitution affirms national service, equality, and respect for public morals; the code mentions appropriate appearance.
4. General texts do not grant management the right to conduct inspections or impose penalties based on ambiguous standards.
5. What is required is a fair professional framework that considers the nature of jobs, the right to appeal, and proportionate penalties.
6. The dignity of the state is built through achievement and justice, and is reflected in a respectful appearance that preserves human dignity.
Dr. Abdulhamid Khalifa Al-Shaiji
