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Belgian Court Backs School on Hijab Ban

Observers fear the verdict could in the future push for a ban on hijab in schools.

By Nasreddine Djebbi, IOL Correspondent

THE HAGUE, June 15, 2005 (IslamOnline.net) – The court of appeal in Antwepen upheld on Tuesday, June 14, an earlier verdict endorsing a school right to prevent six hijab-clad Muslim students from attending classes.

The court said the ban was not targeting hijab in particular but rather all religious insignia to ensure co-existence among cultures.

The verdict exonerated the school of discrimination or racist charges.

Six Muslim students have sued their school in the state of Hasselt for banning them from attending classes while wearing their hijab.

Their lawyer, Stefaan Van der Velpen, demanded a 500 euro fine on each day his clients were denied access to classroom.

Last October, the school turned down a request by the students to put on hijab.

Regretting the ruling, der Velpen said the court justifications show that the verdict was not against hijab, but rather was in support of the school by-laws.

“The court verdict was based on the school by-laws.”

The issue of hijab has recently taken central stage in a number of European countries.

France triggered the controversy after adopting a bill banning hijab in state-run schools and public institutions as of March 15, which was branded by the Human Rights Watch (HRW) as "discriminatory".

“Unfair”

Hearing the court verdict, the Muslim students expressed resentment, but vowed to pursue their legal action till they are allowed back to school with hijab on.

“The ruling would only complicate our lives, but the legal battle is not yet over,” one of the six students said.

“Hijab is a religious duty. We have no other option but to drop school to protect our hijab,” she added.

The student maintained that the verdict was unfair, as her five colleagues left the courthouse in anger.

Islam sees hijab as an obligatory code of dress, not a religious symbol displaying one’s affiliations – unlike the symbolic Christian crucifixes or Jewish Kippah.

“Cornered”

Classmates of the Muslim students were equally irked.

“They were brought up wearing hijab. It is not easy to make them take it off,” said one of their colleagues.

He added that the court ruling cornered the Muslim students; either take off hijab or drop school.

“The ruling shows that the people’s beliefs, especially Muslims', are violated and disrespected.”

He accused the teachers of exaggerating any issue that is related to Muslim students and their rights.

There is no official ban on hijab in Belgium but some observers fear the ruling might push for such a move in the future, says IslamOnline.net's correspondent.

Belgium became the first European country to recognize Islam in 1974. It has a Muslim population of some 500,000 with Moroccans representing 50% followed by Turks and Albanians.

It is home to 300 mosques, the oldest of them is the Saudi-funded Islamic center in Brussels, which dates back to 1968.

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