HIJAB

A Human Right, a Symbol of Religious Identity or suppression?

HIJAB

One out of ”…some spesific aspects of the Islamic normative system which are of fundamental religious significance to all Muslims, viz. The adherence to the Islamic faith and performance of the rules related directly or indirectly to the ’acts of devotion’ (῾ibadāt).” (Shadid and Van Koningveld 2005: 77)

ATTITUDES

Wearing hijab is an obligation (fard) from a religious point of view.

Hijab is not a symbol Patriarchal attitudes The woman’s own

choice

Difference in opinion regarding the obligatory character, from a religious point of view. Quoted by opponents of hijab.

Hijab a symbol and manifestation of Islamic fundamentalism. (Islam is anti-democratic and a danger for ”our values”)

Hijab en expression of oppression of women. Have to saved.

For the right to wear hijab Opposing hijab

Normative attitudes being a mirror of each other (interpretation of sources).

Hijab has become an issue of concern in its own right,

Pro-hijab: HR-argument such as freedom of religion or belief.

Against hijab: Political attitude regarding presence of Muslims often preceived as the ”Islamic threat”.

BUT: the discourse varies from country to country.

WHAT DO THE WOMEN THEMSELVES WANT?

To be respected as individuals To live in peace and within the law To feel integrated To receive good education To have a decent job To have a happy family

- ideally in the shade of God’s blessing

(Europe’s Muslim women: potential, aspirations and challenges. Research report. King Baudouin Foundation, 2008)

FINDINGS FROM OWN RESEARCH Hijab is not a core issue of concern, linked to

practical situations in daily life. Examples from fatwa material, where questions are

considered to be social data:- Does Islam allow a woman to take off her hijab

before a prosepctice marriage partner? Every time a prospective partner and his family come to my house to propose marriage, I am told to remove my hijab to show how I look like without it? Is this Islamic?

- Does Islamic dictate the exact style of hijab which a Muslim woman has to wear? Recently my daughter has taken to experimenting with wearing a variety of hijabs from different Muslim cultures, some of which I believe is not Islamic. Can you tell me which hijab styles are allowed so I can advice my daughter accordingly?

- Could you please advise on what a hijab-wearing sister who wants to be a nurse should do about uniform which usually consists of a short sleeved, short-skirted dress worn with a belt and a silly hat or even a hat at all. Also, what about the dealing with male patients? General nurse training involves bed bathing and catheterizing male patients. Is this right?

- I am finding it increasingly difficult to buy loose-fitting clothes in the shops that fit my ”larger-than-average” size. Is it permissible for big women to follow the advice of fashion writers and go out and buy men’s clothes – the size range is much wider and the quality is much better And not all men’s clothes look masculine, like orange shirts and pink sweaters. They are also, relatively speaking, cheaper.

- Is it Islamic to wear a sari if I wear it in such a way that no part of my body or hair shows?

- During my three years at university, I have come to witness many changes in the behaviour of young Muslims. Of significance was the widespread acceptance by Muslim females of the hijab. I have a friend who passionately would like to wear her hijab. Her obstacle is her parents. They refuse to allow her to fulfill this Islamic requirement as they see it as “fundamentalist”. How would you advice her to appease her parents as well as to carry out her Islamic obligations?

- My 10-year-old daughter is developing into something of a tennis prodigy. Her teachers and tennis coach tell me she has a great potential and will go a long way. I have told her she will have to wear hijab soon which may end her tennis playing days. Naturally she is not happy. Her coach says that her hijab will be no problem on the tennis side. She may even turn into something of a trend-setter, he says. But I want to know whether Islamically, she will still be allowed to play in front of mixed crowds.

- I am in the process of applying for jobs but I am concerned that at interviews the employer may discriminate against me because I wear hijab. Is it allowed for me to take it off for the duration of the interview?

THREE MODELS Multiculturalism (UK) Laicité (France) ”Norwegian model” Freedom of religion and equality

- ”The Oslo Plaza case”The Equality and Anti-discrimination ombud:- Prohibition on religious headcover against the Gender

Equality Act and prevents women who wear headscarves from working life.

- Result: The hotel delivered a press release stating that wearing hijab by employees was permitted.

Source for decision: § 3: Direct or indirect discrimination between women and men are not allowed.

HIJAB AND POLICE UNIFORM After the Police directorate being contacted by a

woman in October 2008, the directorate’s website published a statement declaring that it would we allowed to wear hijab with a police uniform

In a press release from the Ministry of Justice a change of opinion had taken place: ” It is crucial that trust in the police that the department reflects the population. Vi have a ssessed whether a change in the uniform regulations will contribute to an increased recruitment of persons with minority background. I [said the minister of justice]have now come to the conclusion that it is not a suitable measure, and that the debate has shown that such a change could weaken the perception of the police being neutral. Based upon this, I have requested that further process in the police directorate being stopped.

HIJAB AND POLICE UNIFORM

In January 2010 the Equality and Anti-discrimination ombud concluded otherwise.

It concludes that the police uniform rules, which prohibits religious headcover is in opposition to the Discrimination Act § 4 and Gender Equality Act § 3

This opinion was upheld by the equality tribunal in a statement as of August 20 this year.

CONCLUSION

The Norwegian model is under threat Political concerns in opposition to legal concerns This challenge will be more and more visible,

because Muslim women born and bread in Norway take equal opportunities for granted.

According to statistics these women in are higher in numbers with regard to higher education than average Norwegian students, and want to find their future in the society they are living.

The situation is in accordance with the description in the report At Home in Europe: Muslims in Europe.