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The
Assembly of Muslim Jurists in America
is very anxiously following recent occurrences in the French
Legislature wherein a law is pending which prohibits the Islamic
Dress code for Muslim women, referred to hereafter as
“hijab”, in schools and government institutions.
Additionally, to our disbelief and dismay, French President
Jacques Chirac endorsed this prohibitive movement and requested
that the legislation be passed.
The
Assembly of Muslim
Jurists in America endorses the right of States to political
autonomy, so long as their practices are in accordance with
international norms and treaties which delineate the disrespect
of human rights as unacceptable, and in certain circumstances,
illegal. An indelible facet of human rights is an individual’s
personal freedoms which encompass the rights related to
religion, including the upholding of religious rituals and
practices.
France
has long been a purveyor of great traditions that preserve and
protect these rights, dating back most notably to its 1789
revolution which introduced the world to the slogan, “Liberty,
Fraternity, Equality”. This revolution was instrumental in
implementing political safeguards of these rights, which could
clearly be seen in the advocacy of many Arab and Islamic issues.
Furthermore, France has also distinguished itself as a country
that refuses to acquiesce to geopolitical pressures exerted by
some modern day world powers, which have abandoned these issues
and forsaken these fundamental rights. Therefore, the Muslim
world is inextricably shocked to witness France’s departure
from its noble tradition, and its disloyalty to the most basic
and definite of these rights.
In
this respect, The Assembly of Muslim Jurists in America (AMJA)
lays before the policy makers in France, in particular, and all
the advocates of truth and justice in the world, the following
fundamental facts:
1.
The hijab is The Creator’s ordinance upon the Muslim woman
whenever she reaches puberty. Its obligation has been agreed
upon by all the Islamic creeds without exception, and it is part
and parcel of the woman’s worship to her Lord and on equal
terms with prayer, fasting, almsgiving and all other Islamic
rituals of worship. The Creator made it a means of worship for
the woman wherever she happens to be, whether within the Muslim
country or outside of it; its abandonment is among the major
sins that expose the Muslim woman to The Creator’s
exasperation and wrath. The Muslims have abided by this decree
throughout the ages.
2.
The hijab should neither be transparent nor so tight that it
exposes the shape of body parts. It is required that the entire
body be covered. The only exception to this rule is the opinion
of some scholars that the face and the hands can be revealed.
3.
The hijab is and always has been the foundation of the Muslim
woman’s attire. Notwithstanding cultural interpretations of
its style , its substance and significance remains the same, and
is exhibited in the covering of all that is other than the face
and the hands. It is an incontestable part of the woman’s
heritage, and the way in which she manifests her basic rights,
and complies with her religious obligation and lawful duty.
Liberal secularism has never before entailed the expropriation
of cultural peculiarities and regional plurality, until now.
4.
The hijab is not at odds with the liberal secularism that France
and another nations of the European Union espouse, which, among
other things, remains neutral regarding religion. The French
Ministry of Exterior, stressed in its communiqué on secularism
in France, that “it guarantees for every individual the
possibility to express and practice his/her faith freely and
securely. It is a concept that allows individuals- men and
women- coming from different lands and countries, with different
cultural backgrounds, to entertain the protection in terms of
their creeds and beliefs. This is a protection that is
guaranteed to them by the Republic with all its
institutions…”. It is a mistake to interpret
‘secularism’ as being a mode of behavior that is in conflict
with religion or is willing to subdue and confine it.
Liberal secularism is, in this manner, different from Atheistic
Secularism that fights and confiscates religion and foreshadows
a human being without a soul and a world without a Lord.
5.
The hijab does not conflict with coexistence and positive
integration within a framework of national unity. Rather, it
accentuates the benefits of religious and racial diversity under
a unique and unifying national project. It is a religious
expression, a commitment to and practice of an individual
freedom. It parallels the freedom of the Muslims or the Jewish
to abstain from eating Pork, or of the Jewish to refrain from
working on Saturdays in observance of religious rituals. These
observances are as innocuous to society as they are spiritually
significant to those who perform them as religious duties to
their Lord. They imply no enmity towards others, or intend to
instigate conflicts or create an environment that does not
capitulate to the security and serenity required for peaceful
coexistence.
6.
The hijab possesses a precious message in all divine decrees,
which includes protection, decorum, and ultimately a
subservience to the Lord’s decrees. It cannot be compared with
other religious symbols such as the cross on the chest of a
Christian man and woman or the Yarmulke on the head of a Jew. It
is a mistake to equate the hijab with these symbols because it
is an equation of imperative obligations, whose neglect leads to
sin, with symbols that are optional.
7.
Forcing the Muslim woman to remove her cover confiscates her
rights
of religion and personal choice. These are essential rights
whose respect has been agreed upon by the entire world.
8.
Forcing the Muslim woman to remove her cover is a flagrant
injustice towards a conglomerate of 5 Million people from among
all conglomerations within a civil society. This discrimination
leads to its isolation and alienation; this is the exact matter
that President Chirac sought to deny when he said, “…and the
reclusion of conglomerations cannot represent an option for
France. On the contrary, it is antithetical to our history, our
traditions and our culture”. Forcing the Muslim woman to
remove her cover not only yields to President Chirac’s
warning, but also contributes to the deprivation of certain
fundamental rights such as education and employment. This is a
transgression of equality, which is fundamental and
deeply-rooted in the spirit of the French Revolution, and is
among the most essential rights in all international treaties.
Given
these facts, The Assembly of Muslim Jurists in America
appeals to the French policy makers to reconsider their
opinion on this matter, recognizing that it is a betrayal of the
fundamental pillars of the French Revolution and its
Constitution, and will forever represent an aberration in
France’s long-standing mission to ensure "Liberty,
Fraternity, and Equality" to all people. We appeal
to them to provide an opportunity for peaceful coexistence
between all denominations within dynamic French society, and to
not forsake its own people by appropriating their
fundamental rights, thus sending an ominous message to the
world, that plurality and religious freedom are dead.
The
Assembly of Muslim Jurists in America appeals
to all Muslims in France to express their opposition to this
inequity through the lawful means provided by French society,
and to disallow the instigation of irresponsible reactions that
are not endorsed by any creed or law, which swiftly presents
lurkers and trouble makers a chance to propagate falsehoods
about Islam, its civilization and its manners. It also appeals
to them to hasten to establish their own educational
institutions as a safeguard that would embrace their children
and prevent the exposure of their daughters to the uncovering of
their chastity, should the French authorities lend a deaf ear to
their call for justice and conclude the battle against hijab
with prejudice and injustice.
he
Assembly of Muslim Jurists in America appeals
to all advocates of truth and justice in the world to stand
beside the French Muslims in their fight for justice, make their
voices heard by the French government, and ask them to wisely
and responsibly approach this matter in an endeavor to maintain
equality and freedom, and to restore France to its esteemed
status in the Muslim World.
God
is behind the intent and He Guides to that which is right.
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