OPINION: Burqa ban in France

"The burqa is not a religious symbol. It's a sign of enslavement of debaseness. I want to say this solemnly. The burqa will not be welcomed on the territory of the French republic. We cannot accept in our country women imprisoned behind a mask, deprived of all social life of their identity." President Sarkozy of France

Finally, France implements its ban on the Burqa/Niqab and the conversation continues.

In my opinion, this conversation should be limited to two questions: Can a secular government infringe on the religious rights of a group? And is the government allowed to outline the religious ideologies of this group? However, I do acknowledge the underlining themes such as, if the Niqab is oppressive to women, how to emancipate these women from this oppression and the very underlining issue of making the majority comfortable.  

Let’s start with the underlining themes: Niqab=oppressive. Yes AND No.

Personally, I am yet to encounter a woman who did not choose to wear it. But I am aware that there are women who are either forced or pressured to wear it, even though the Quran clearly states that there is no compulsion in religion. But, as we all know, people have been forced from time to time to adhere to various religious expectations whether stated in doctrine or cultural conceived.

There are many women who choose the Niqab and believe it is an obligation and duty. That is their Islam. And we are not talking about two or three women who just happened to choose this. Rather we are talking about a host of women who believe this is their religious obligation. Whether ALL Muslims follow this ideology or not does not change the fact that these Muslim women do. And that is how they practice their religion.  

It has been argued that this ban is being done for the women. For the ones being oppressed, I agree that we should help these women. But what about the women who choose to wear it? We cannot quantify that there are more women forced to wear Niqab/Burqa than women who choose it. Therefore, we cannot conclude that this helps more than it hurts.

Also, it is important to understand that banning the Burqa/Niqab might further alienate these women. Many women who choose Niqab are very pious and take their deen very seriously. These women will not suddenly take off their Niqab in order to be allowed into society. The women forced to wear it will not suddenly be allowed to take it off either. Instead, all these women will be confined to their homes. Limited to a small social life. Imprisioned by the government. Debased for their decision. How does this help them?

So who exactly benefits from this ban? The majority does. The people who are uncomfortable with the Niqab. The people who are apprehensive about the wave of fundamental Islam and terrorism.

To these people, Niqab is a symbol of fundamental Islam, the Islam associated with Bin laden, with suicide bombers, with 9/11. The Niqab has become a conditioned fear stimulus. Its mere presence makes these people tense. It has nothing to do with the Niqab itself but rather the fear that has been implanted by a rise of Islamic fundamentalism. To avoid this fear, the Niqab is removed from society to give people some sort of ease, some sort of reassurance that the fundamental ideology that they are all afraid of is not on their soil.

Well success! Niqab is gone. However, fundamental ideology is very much alive and fueled by this action.

Earlier, I stated that this conversation is really about two questions: Can a secular government infringe on the religious rights of a group? And is the government allowed to outline the religious ideologies of this group?

I live in America where freedom of religion is a fundamental right. The government gives people the freedom to practice whatever religion they choose as long as it is not obstructive to society. France, as well, has religious freedom in their constitution. However, France has limited religious expression various times. In public schools, Christians cannot wear big crosses, Sikhs cannot wear turbans and Muslims cannot wear headscarves. That’s understandable because that is a state facility. But banning Niqab in France in general, is the government really allowed to do that?  Constitutional speaking, that violates religious freedom.

In the quote from the president, he states that “the burqa is not a religious symbol”. Who exactly is the government to decide that? For the people who wear the burqa, it is a part of their religion. Is the government allowed to tell people exactly what is in their religion and what is not? Constitutional speaking, that violates religious freedom.

This conversation will be a hot topic until the media loses interest. And both sides will make valid points. But this conversation is not about them, me or you. It is about the women who are affected. Do these women actually gain or do they lose? Only time will tell. May Allah make it easy for these women. May Allah help them overcome every adversity in their way. May He increase their iman and only guide them closer and closer to Him. This also for all of us. Amin.