LONDON,
March 2, 2005 (IslamOnline.net & News Agencies) – In a verdict
with potentially far-reaching implications for multi-faith schools
across the country, a British Muslim girl won a long legal battle over
wearing a full Islamic dress (Jilbab) at her school.
The
Court of Appeal ruled Wednesday, March 2, that Shabina Begum, a
16-year-old Muslim student of Bangladeshi origin, was unlawfully
denied from having the right to practice her religious beliefs, by the
Denbigh High School in Luton, north of London.
“Today’s
decision is a victory for all Muslims who wish to preserve their
identity and values despite prejudice and bigotry,” Begum was quoted
by Agence France Presse (AFP) as saying outside the court.
The
court battle has started after Begum stopped attending her school,
which has 80% Muslim students, following a school decision in
September 2002 that she could not wear the ankle-long dress.
The
school claimed that the dress is considered a safety risk, stressing
that the Muslim student had a plenty of other choices of clothes to
wear.
Islamic
dress codes, especially hijab, has taken central stage in several
European countries, especially after France banned it in state-run
schools and public institutions.
The
US-based Human Rights Watch (HRW) lambasted the French move as
“discriminatory”.
“Bigotry”
Begum
said that she has witnessed a great deal of bigotry from the media,
politicians and legal officials in Britain since the September 11
attacks, according to Reuters.
“This
bigotry resulted from my choice to wear a piece of cloth ... It is
amazing that in the so-called free world I have to fight to wear this
Islamic dress.
“Our
belief in our faith is the one thing that makes sense in a world gone
mad. A world where Muslim women, from Uzbekistan to Turkey, are
feeling the brunt of policies guided by western governments,” Begum
added.
The
school decision to deprive Begum from wearing the Islamic dress was a
violation of the Human Rights Act, the court said in its verdict.
“The
school undoubtedly did exclude the claimant. They told her, in effect:
‘Go away, and do not come back unless you are wearing proper school
uniform,” presiding judge Lord Justice Henry Brooke said.
“The
school failed to appreciate that by its action it was infringing on
the claimant's Article 9 right to manifest her religion,” said Judge
Scott Baker.
Welcome
The
court verdict was strongly welcomed by the Muslim institutions in
Britain.
“This
is a very important ruling on the issue of personal freedoms. The
British Muslim community is a diverse community in terms of the
interpretation and understanding of their faith and its practice,”
the Muslim Council of Britain (MCB) Secretary-General Iqbal Sacranie
was quoted by the BBC News Online as saying.
“Within
this broad spectrum those that believe and choose to wear the Jilbab
and consider it to be part of their faith requirement for modest
attire should be respected.”
The
Burleigh Community College in Loughborough, a multicultural,
multi-faith secular school, has made a special provision for students
to wear their own traditional dress, provided that it is in the school
colors, much to benefit Muslim girls who want to wear a traditional
Islamic dress.
“Muslim
girls are allowed to wear either skirts or jilbab with scarf,"
said John Smith, the school's principal.
There
are nearly two million Muslims living in the UK.