A Legal-Judicial Study on State Obligation for the Ḥijāb (Islamic Dress Code) of Tourist Women

The tourism industry, one of the most important industries of the world, has had a rapid growth in the world’s economic development. Among various issues and factors damaging to the tourism industry, obligation for ḥijāb is what some people have considered as creating discontent and reduction of the number of tourists and have even called it an act against human rights. This research attempts to study the jurisprudential obligation of the Islamic state concerning the ḥijāb of the tourists as per legal-judicial evidences. After the study was conducted, it was found out that the evidences of enjoining right and forbidding wrong, the arguments concerning the absence of concomitance between prohibition and absence of the ḥijāb as well as the impact of the circumstances at the time and place of pretending the forbidden can be considered as the jurisprudential requirements obligatory upon non-Muslims, either residents or tourists and representing the Islamic state’s responsibility. In addition, the ruling derived from the law of any country obliges the tourists to act accordingly and in case of failing to do so, they have broken their oath and in case of entering the country the state is entitled to oblige them to abide by it.