Wednesday, September 15, 2010

NO BURQA IN PUBLIC PLACES , SAY THE FRENCH

France's Parliament yesterday banned the burqa, niqab and other full-body robes worn by some Muslim women, by passing a law forbidding people to conceal their faces in public.

The law is to come into effect in six months. The vote comes as a number of European countries are trying to figure out how to reconcile the values of modern Europe with more assertive expressions of Islamic faith. Some countries, such as the U.K., have over the decades encouraged the expression of immigrant cultures and religions under the principle of multiculturalism.

French senators passed the bill that bans wearing a burqa and other facial veils with a majority of 246 votes to one. If confirmed by the Constitutional Council, expected within a month, the ban would come into effect by March 2011.

Perhaps the most interesting fact about the bill is the heavy fine that will be imposed on men, be they husbands or male family members who force a woman to wear the burqa or any other form of veil that cover all of the face but the eyes.
While a veil-wearing woman herself will have the choice between a fine of 150 Euro ($195) or attending a class giving lessons in French citizenship, a man who demands from a woman to wear a veil will not only have to pay 30,000 Euro ($39,300) but do jail time as well.

Next it has to be submitted to the Constitutional Council for consideration. This procedure is far from being a rubber stamp and many a law has been either refused or subjected to amendment by the council.

Then, even if the law does get past the council unscathed, it - and its component parts - will need a “decree of application.” These dispositions determine what changes are needed in local police, political and regional authority procedures in order that they have the necessary structures in order to apply the law efficiently. This can take literally years, due to burdensome administrative channels, other local priorities or, quite simply, a lack of support by the authorities concerned.



But other countries have taken the position that it is more important for immigrants and their descendants to adopt the values of the country they have settled in. Switzerland, for example, banned the construction of minarets after a referendum last year. Belgium and Spain are discussing measures to outlaw the niqab.

IN THE WEST SOME INDIVIDUALS ARGUE FOR THE BAN ON THE GROUNDS OF SECURITY AND THINK THAT IT AN EXPRESSION OF SUBSERVIENCE TO MEN AND THEIR DOGMA AND NOT A FREELY WORN GARMENT.

The reasoning put forward by Hamas in Lebanon recently align with the Iran clerics claim women not dressing properly cause earthquakes , and are responsible for the inappropriate behavior men subject them to , including rape.

It may now be challenged through the European Court of Human Rights in Strasbourg.

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Why Muslim women wear the veil

The Qur'an , Islam's holy book and treated as the literal word of God , tells Muslims - men and women - to dress modestly.

Male modesty has been interpreted to be covering the area from the navel to the knee - and for women it is generally seen as covering everything except their face , hands and feet when in the presence of men they are not related or married to.

However , there has been much debate among Islamic scholars as to whether this goes far enough.

This has led to a distinction between the hijab (literally "covering up" in Arabic) and the niqab (meaning "full veil").

Hijab is a common sight among Muslim women , a scarf that covers their hair and neck.

Niqab consists of covering up completely , including gloves and a veil for the face - leaving just a slit for the eyes , or covering them too with transparent material.

This form of dress is rarer , although it has been growing in recent years , and it is this which former UK Foreign Secretary Jack Straw says he objects to at face-to-face meetings with his constituents.

Muslim scholars have debated whether it is obligatory to don the niqab , or whether it is just recommended without being obligatory.

There have also been more liberal interpretations which say the headscarf is unnecessary , as long as women maintain the sartorial modesty stipulated in the Koran.

Scholarly dispute

The holy text addresses "the faithful women" who are told to shield their private parts and not to display their adornment "except what is apparent of it".

Scholarly disputes revolve around what this last phrase means.

Does it refer to the outer surface of a woman's garments , necessitating that she cover every part of her body - ie: don the full niqab ?

Or does it give an exemption referring to the face and the hands , as well as conventional female ornaments such as kohl , rings , bracelets and make-up ?

The latter interpretation has been adopted by some of the most prominent scholars from Islamic history , such as Abu Jafar al-Tabari , who favour the hijab option.

There are additional Koranic instructions - seen as ambiguous and therefore much debated - for women to draw the "khimar" (or scarf) to cover the "jayb" (or bosom/upper chest), and for "the wives and daughters of the Prophet and the women of the believers to draw their "jalabib" (or cloaks) close round them".

Religious and cultural traditions vary across the Muslim world , stretching from Indonesia to Morocco.

But it may also be left to the Muslim woman to decide for herself , whether she wants to cover up fully with the niqab , as an expression of her faith and Islamic identity, or not.

In countries such as France and Turkey , where there are legal curbs on religious dress , it becomes a matter of women's human rights to wear what they want.

But at the same time the niqab is such a powerful statement that more liberal Muslims sometimes can be heard objecting to it , especially in more developed societies , where women have fought long and hard to shake off restrictions seen as outdated and imposed by men.

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