In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner! Thank you for your question and the confidence you place in our service, and we pray to Allah to enable us render this service purely for His Sake.
French Muslims are surely facing a problem which they need to handle wisely and cautiously. They should try their best to resist the law banning hijab once it is enacted. They should try every possible means to do this, through protests, rallies and resorting to the courts.
Addressing the question, Sheikh Ahmad Hulail, imam of Tariq ibn Ziad Mosque in Frankfort, Germany, states:
“First of all, we are astonished at knowing about President Jacques Chirac’s proposal for a law banning hijab from the country’s public school system on the pretext that it is a religious symbol. Hijab is not (merely) a religious symbol for Islam; it is one of the orders that Almighty Allah has ordained on Muslim women. Muslim women have no choice in that respect. Allah Almighty says: "O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, that so they may be recognized and not annoyed. Allah is ever Forgiving, Merciful"(Al-Ahzab: 59).
Hence, our Muslim sisters in France should not yield to such pressure. Our fellow Muslims there, both male and female, should follow each available and possible means so as to protest such a law peacefully. We know that France is a secular country that tolerates freedom of opinion and expression. Muslim brothers and sisters in the rest of the European countries should also support their fellow Muslims in France. If such a law is passed in France, the rest of the European countries may follow in its footsteps. This is not a call for making chaos in Europe. Islam has no place for disorder. What I mean by the importance of opposing such a law is to express this through the legitimate peaceful means.
On the individual level, the Muslim woman must stick to Almighty Allah's order of wearing hijab. Following this order of Almighty Allah is to have priority over any other order. She is to do so and be patient regardless of the hardships she may encounter in that regard, bearing in mind that true believers are always tested. I would like to give the Muslim sisters who strive steadfastly for that cause the glad tidings that Almighty Allah is on their side and will support them till the result be for the good of Islam and Muslims, Allah willing. Almighty Allah says: "And those who strive in Our (cause), We will certainly guide them to our Paths: For verily Allah is with those who do right" (Al-`Ankabout: 69)."
The prominent Muslim scholar Dr. Jamal Badawi, professor at Saint Mary's University in Halifax, Nova Scotia, Canada and member of the Fiqh Council of North America, also states:
"I think the first thing to keep in mind is that any action taken by Muslims in respect with that issue must be within the peaceful, legitimate ways of protests, which are a whole mark for any liberal democracy. This includes peaceful demonstrations and contact with people of influence, politicians, and law makers. Muslims in France also have to use their voting power to make sure that those who push for these restrictions on Muslim freedom will not be elected. This is a legitimate thing in any democracy.
But, above all, they should unite and close their ranks, so that they can speak with one voice. One further point to keep in mind is that they should be tolerant with and respect those who oppose hijab among Muslims themselves. They should try to reach out to those Muslims who are not observing hijab, but who, at least, sympathize with their right of choice to have hijab or not. They also should try to gain the sympathy of and reach out to other, even non-Muslim, groups and organizations, including feminist movements, because the issue of hijab is also a matter of female choice and freedom. I think this is an approach that should unite the Muslims from within and reach out from without."
The prominent Muslim scholar Sheikh Ounis Guergah, Head of the Fatwa House, Paris, France, adds:
"The law has not been enacted yet. What has been decided is that the French Minister of Education should present a draft law to the parliament this February, considering all the surrounding conditions and reactions. From now till this time comes, we should raise the level of protests in France and in Europe generally. Muslims in the whole world should express their rejection in form of rallies.
We believe that such a law, if enacted, will be violating the French constitution. While blaming us and claiming that we Muslims do not allow Muslim women to work, non-Muslims will have to bear in mind that it is they who deny Muslim women their right to pursue education by enacting this law.
If such a law is enacted, Muslim should resort to courts to get a verdict against this law from any European court, since France has signed an agreement that enables any European court to issue its say against any French law to declare it invalid upon seeing that it is against the constitution."
Read:
Hijab in France: Muslims' Role
Tips to Face the Hijab Ban in France
How to Stop Anti-Islamism in France
