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Last Update: 04:16 GMT, Wednesday, Nov. 25, 2009

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Title

Banning Hijab: Equality or Discrimination?

Question

Dear scholars, As-Salamu `alaykum. What are your reactions to the new law in France, which is to ban religious headscarves? Is this equality or discrimination? This is for our class discussion. Thank you in advance!

Date

24/Feb/2004

Name of Counsellor

Ahmad Kutty

Topic

Dress & Adornment

Answer

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

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, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

Muslims in France should try their best to pressure public opinion to change the law that bans hijab in schools. They should consider the ban as a challenge to their identity in that country. Whatever steps they take, they should apply wisdom in their approach, as resorting to stern measures is not a viable solution.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

“This policy is undoubtedly discriminatory against Muslims, as it targets Muslim women who choose to wear hijab for religious reasons. It is like telling these women: You are not free to follow your religion; your freedom to practice it is conditional upon our definition and understanding of what religion should be. Hence you may practice those parts which we approve of and agree with. Or stated differently, while you have unlimited freedom to undress, your freedom to dress is conditional upon our freedom to dictate which part of your body you can cover and which part you cannot.

It is easy to conclude how absurd such a law sounds and how irrational it is.

This in effect shows how secular fundamentalism can be as pernicious in its expressions as religious fundamentalism. Both types of fundamentalism choke freedoms. It is, therefore, in the best interest of human dignity that all peace-loving people who cherish freedom stand up to and oppose such policies.”

Excerpted, with slight modifications, from: www.muslims.ca

For more information, you can read:

Hijab: A Crisis of Understanding

France: Hijab under Attack

Hijab in France: Islamic Views & News

Lesser Hijab for French Muslim Women: Acceptable?

Hijab in France: Muslims' Role

Allah Almighty knows best.

 

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