Burqa

Women wearing Burqa

A burqa (Persian: برقع ‎), also known as chadri or paranja in Central Asia, is an enveloping outer garment worn by women in some Islamic traditions to cover themselves in public, which covers the body and the face. Originating from Arabic: برقع‎, burquʻ or burqaʻ, and Urdu: بُرقع‬‎, it is also transliterated burkha, bourkha, burka, burqua, or burqu' and is pronounced Arabic pronunciation: [ˈbʊrqʊʕ, ˈbʊrqɑʕ].a

There are currently 13 nations that have banned the burqa (not to be confused with the hijab), including Austria, Denmark, France, Belgium, Tajikistan, Latvia,[1] Bulgaria,[2] Cameroon, Chad, Republic of the Congo, Gabon, Netherlands,[3] China,[4] and Morocco.

In Islamic texts

Relevant verses of the Quran have been translated as:

"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, so that they may be recognised and not annoyed. Allah is ever Forgiving, Merciful."

— Qur'an, Surah 33 (Al-Ahzab), Verse 59 (Translation by Pickthall)

"And say to the faithful women to lower their gazes, and to guard their private parts, and not to display their beauty except what is apparent of it, and to extend their scarves (khimars) to cover their bosoms (jaybs), and not to display their beauty except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers, or their brothers' sons, or their sisters' sons, or their womenfolk, or what their right hands rule (slaves), or the followers from the men who do not feel sexual desire, or the small children to whom the nakedness of women is not apparent, and not to strike their feet (on the ground) so as to make known what they hide of their adornments. And turn in repentance to Allah together, O you the faithful, in order that you are successful"

— Qur'an, Surah 24 (An-Nur), Verse 31

Namus

In the Muslim world, preventing women from being seen by men is closely linked to the concept of Namus. Namus is an ethical category, a virtue, and is a strongly gender-specific category of relations within a family described in terms of honor, attention, respect/respectability, and modesty. The term is often translated as "honor".[5][6][6]

Around the world

A map of countries with a burka ban. Map current as of 2018

Africa

Cameroon

In July 2015, Cameroon banned the face veil including the burqa after two women dressed in the religious garments completed a suicide attack killing 13.[7][8]

Chad

In June 2015, the full face veil was banned in Chad after veiled Boko Haram bombers disguised as women completed multiple suicide attacks.[8][9][10]

Republic of the Congo

In May 2015, the Republic of the Congo banned the face veil in order to counter extremism.[11][12] The decision was announced by El Hadji Djibril Bopaka, the president of the country's Islamic High Council.[13]

Gabon

In 2015, Gabon banned the face veil in order to counter extremism in public and places of work.

Morocco

The Moroccan government distributed letters to businesses on 9 January 2017 declaring a ban on the burka. The letters indicated the "sale, production and import" of the garment were prohibited and businesses were expected to clear their stock within 48 hours.[14]

Asia

Afghanistan

Afghan women wait outside a USAID-supported health care clinic.

The full Afghan chadri covers the wearer's entire face except for a small region about the eyes, which is covered by a concealing net or grille.[15]

The chadri has been worn by Pashtun women since pre-Islamic times and was historically seen as a mark of respectability.[16] Before the Taliban took power in Afghanistan, the chadri was rarely worn in cities. While they were in power, the Taliban required the wearing of a chadri in public. Officially, it is not required under the present Afghan regime, but local feudal lords still enforce it in southern Afghanistan. They are usually light blue in the Kabul area, white in the north in Mazar-i-Sharif and brown and green in Kandahar in the south.[17] Chadri use in the remainder of Afghanistan is variable and is observed to be gradually declining in Kabul. Due to political instability in these areas, women who might not otherwise be inclined to wear the chadri must do so as a matter of personal safety.

India

Among the Muslim population in India (about 14.2% as of 2011 census), the burqa (Hindi: बुरक़ा, Urdu: بُرقع‎) is common in many areas[18]—old Delhi, for example.[19] In the locale of Nizamuddin Basti, the obligation of a woman to wear a burqa is dependent on her age:[20] young, unmarried women or young, married women in their first years of marriage are required to wear the burqa.[20] However, after this the husband usually decides if his wife should continue to wear a burqa.[20] In addition, the Indian burqa is a slim black cloak different from the style worn in Afghanistan.[21]Though now the younger population is steering towards a more modern take on the hijab with more options in color and style; mostly inspired by the strong hijabi women from around the world[22].

Israel

A member of the Haredi burqa sect in Meah Shearim, Israel

Some years ago, a group of Haredi (ultra-Orthodox) Jewish women in Israel began donning the Burqa as a symbol of piety. Following its adoption by Bruria Keren, an estimated 600 Jewish women took to wearing the veil.[23] Keren claims to "follow these rules of modesty to save men from themselves. A man who sees a woman's body parts is sexually aroused, and this might cause him to commit sin. Even if he doesn't actually sin physically, his impure thoughts are sin in themselves."[24] However, a rabbinical authority said "There is a real danger that by exaggerating, you are doing the opposite of what is intended [resulting in] severe transgressions in sexual matters," and issued an edict declaring burka-wearing a sexual fetish, that is as promiscuous as wearing too little.[25]

According to The Jerusalem Post, in 2010, a Member of the Knesset intended to put forward a bill to "prohibit the wearing of a full-body and face covering for women. [The] bill would not differentiate between Muslims and Jews".[26]

Syria

Syria is a Baathist state and discourages the wearing of hijab. Ghiyath Barakat, Syria's minister of higher education, announced that the government would ban students, teachers or staff from covering faces at universities, stating that the veils ran counter to "secular and academic principles of the country".[27]

Tajikistan

In 2017 the government of Tajikistan passed a law requiring people to "stick to traditional national clothes and culture", which has been widely seen as an attempt to prevent women from wearing Islamic clothing, in particular the style of headscarf wrapped under the chin, in contrast to the traditional Tajik headscarf tied behind the head.[28]

Europe

Burqa bans in Europe. Map current as of 2018.
  National ban – country bans women from wearing full-face veils in public
  Local ban – cities or regions ban full-face veils
  Partial ban – government bans full-face veils in some locations

Austria

In 2017, a legal ban on face-covering clothing in public spaces was adopted by the Austrian parliament including Islamic face-covering garments.[29] The government stated that accepting and respecting Austrian values is essential to the peaceful co-existence between the Austrian majority population and immigrants. The ban came into force on 1 October 2017 and carried a fine of 150 euros.[30]

Belgium

On 29 April 2010, the lower house of parliament in Belgium passed a bill banning any clothing that would obscure the identity of the wearer in places like parks and in the street. The proposal was passed without dissent, and was then also passed by the Senate. BBC News estimates that "Only around 30 women wear this kind of veil in Belgium, out of a Muslim population of around half a million."[31] The ban came into effect in Belgium in July 2011.[32] On 11 July 2017 the ban in Belgium was upheld by the European Court of Human Rights (ECHR) after having been challenged by two Muslim women who claimed their rights had been infringed.[33]

Bulgaria

The Parliament of Bulgaria outlawed the wearing of any clothing "that partially or completely covers the face" in public places such as government offices, educational and cultural institutions, and places of public recreation, except for health or professional reasons from 30 September 2016. Anyone who violates the law is liable to a fine of up to 1,500 levs ($860 USD). The Muslim community makes up 15% of the Bulgarian population of 7.1 million.[34]

Denmark

In autumn 2017, the Danish government agreed to adopt a law prohibiting people to wear "attire and clothing masking the face in such a way that it impairs recognizability".[35][36] A full ban on both niqabs and burqas was announced on 31 May 2018.[37] The ban came into force on 1 August 2018 and carries a fine of 1000 DKK, about 134 euro, by repeat offending the fine may reach 10 000 DKK.[38] Then targets all garments that covers the face, such as fake beards or balaclavas.[39] Supporters of the ban claim that the ban facilitates integration of Muslims into Danish society while Amnesty International claimed the ban violated women's rights.[39] A protest numbering 300-400 people was held in the Nørrebro district of Copenhagen organised by Socialist Youth Front, Kvinder i Dialog and Party Rebels.[40]

France

Wearing the burqa has not been allowed in French public schools since 2004 when it was judged to be a religious symbol like the Christian cross. This ruling was the application of an established 1905 law that prohibits students and staff from wearing any clearly visible religious symbols. The law relates to the time where the secular French state took over control of most schools from the Catholic Church. It does not apply to private or religious schools. This was followed on 22 June 2009, when the president of France, Nicolas Sarkozy, said that burqas are "not welcome" in France, commenting that "In our country, we cannot accept that women be prisoners behind a screen, cut off from all social life, deprived of all identity".[41] The French National Assembly appointed 32 lawmakers from right- and left-wing parties to a six-month fact-finding mission to look at ways of restricting its use.[42] On 26 January 2010, the commission reported that access to public services and public transport should be barred to those wearing the burqa. On Tuesday 13 July 2010 the Assembly overwhelmingly approved a bill banning burqas and niqabs.[43]

On 14 September 2010, the French Senate overwhelmingly approved a ban on burqas in public, with the law becoming effective beginning on 11 April 2011. When the measure was sent in May to the parliament they said "Given the damage it produces on those rules which allow the life in community, ensure the dignity of the person and equality between sexes, this practice, even if it is voluntary, cannot be tolerated in any public place".[44][45]

The ban is officially called "The bill to forbid concealing one's face in public". "It refers neither to Islam nor to veils. Officials insist the law against face-covering is not discriminatory because it would apply to everyone, not just Muslims. They cite a host of exceptions, including motorcycle helmets, or masks for health reasons, fencing, skiing or carnivals".[46]

In 2014, the European Court of Human Rights upheld the French ban on burqa, accepting the argument of the French government that the law was based on "a certain idea of living together".[47][48]

Germany

In a 2016 speech, accepting her nomination for reelection, the German chancellor Angela Merkel called for banning the burqa in Germany "wherever legally possible", which was interpreted as support for the earlier proposal by Interior Minister Thomas de Maizière to outlaw full-face veils in public buildings. The announcement was seen as an attempt to counter public anger at Merkel's handling of the migrant crisis and electoral gains by the anti-immigration AfD party.[49][50][51] In 2017, a legal ban on face-covering clothing for soldiers and state workers during work was approved by the German parliament.[52] Also in 2017, a legal ban on face-covering clothing for car and truck drivers was approved by the German Ministry of Traffic.[53] In July 2017 the state of Bavaria approved a ban on face-covering clothing for teachers, state workers and students at university and schools.[54]

In August 2017, the state of Lower Saxony banned the burqa along with the niqab in public schools. This change in the law was prompted by a Muslim pupil in Osnabrück who wore the garment to school for years and refused to take it off. Since she has completed her schooling, the law was instituted to prevent similar cases in the future.[55]

Italy

In Italy, by an anti-terrorism Law passed in 1975, it is forbidden to wear any dress that hides the face of a person. At that time, Italy was facing domestic (not Islam-related) terrorism. In May 2010, it was reported that a Tunisian woman was fined €500 for this offence.[56] Nevertheless, religious beliefs are generally considered as legitimate grounds to cover the head.

Latvia

A legal ban of face-covering Islamic clothing was adopted by the Latvian parliament.[57]

Malta

Malta has no restrictions on Islamic dressing such as the veil (hijab) nor the full face veil (burqa and/or niqab)[58] but strictly speaking face covering is illegal.[59] An official ban on face covering for religious reasons is ambiguous.[60] It is guaranteed that individuals are allowed to wear as they wish at their private homes and at the Mosque.[59] Imam El Sadi, without quoting anyone and speaking from his own beliefs, as a spiritual guidance, that banning of the niqab and the burka "offends Muslim women".[61] Elsadi said that the Maltese's "attitude towards Muslim women" is positive and, despite cultural clashes, they tolerate the dressing.[62] Some Muslim women share the belief that it is sinful to be seen in public without veiling themselves;[63][64] however, they are legally required to remove it when needed.[65]

Netherlands

On 27 January 2012, a bill was agreed upon by the Dutch cabinet, banning any clothing that would hide the wearer's identity. Fines for wearing a burqa in public could go up to 380 euros.[66] However, it did not pass in Parliament. In October 2012, this law was mitigated by the succeeding cabinet to pertain only to public transport, health care, education and government buildings, rather than all public spaces.[67]

On 22 May 2015, a bill was agreed upon by the Dutch cabinet, banning wearing a burqa in public places. Public places would have included public transportation, educational institutes, public health institutes, and government buildings. In the courtroom a burqa or a nikab could not be worn. In the public space a burqa and nikab would have been allowed. Police officers could have requested one to remove face-covering clothing for identification purposes. There were exceptions, such as during carneval or other festivities, and when face-covering clothing was necessary as a sports or job requirement. Opposition party D66 commented on the burqa abolishment as tokenism, while PVV labelled the ban unsatisfactory. Minister of Internal Affairs, Plasterk, has stated that setting a norm is important.[68][69]

The May 2015 bill did not pass either, but a new bill was proposed in November 2015, which was eventually made into law. On 26 June 2018, a partial ban on face covering (including burqas) on public transport and in buildings and associated yards of educational institutions, governmental institutions and healthcare institutions was enacted, with a number of exceptions.[70][71][3]

Norway

In Autumn 2017, Norway government proposed a law prohibiting people to wear "attire and clothing masking the face in such a way that it impairs recognizability" in schools and in universities.[72] In June 2018, the parliament of Norway passed a bill banning clothing covering the face at educational institutions as well as daycare centres, which included face-covering Islamic veils. The prohibition applies to pupils and staff alike.[73][74]

Sweden

In 2012, a poll by Uppsala University found that Swedes responded that face-covering Islamic veils are either completely unacceptable or fairly unacceptable, 85% for the burqa and 81% for the niqab. The researchers noted these figures reprented a compact resistance to the face-covering veil by the population of Sweden.[75]

Switzerland

The burka was outlawed in the canton of Ticino after a citizen initiative to hold a referendum. With 65% in favour of a ban and it was ruled that the ban was constitutional, the ban took effect in July 2016. Those who violate the law face a fine of up to CHF 10,000.[76]

In September 2018, a ban on face-covering veils was approved with a 67% vote in favour in the canton of St Gallen. The largest Islamic community organisation in Switzerland, the Islamic Central Council, recommended that Muslim women continue to cover their faces.[77]

United Kingdom

The outfit is causing debate in the United Kingdom. A senior member of the previous government, Jack Straw, asked Muslim women from his constituency to remove any veils covering their faces during face-to-face meetings with him. He explained to the media that this was a request, not a demand, and that he made sure that a woman staffer remained in the room during the meeting. A media outcry followed. Some Muslim groups said that they understood his concerns, but others rejected them as prejudicial.[78] A poll in 2011 indicated that 66 percent of British people supported banning the burqa in all public places.[79] However, a ban on burqas was ruled out by the Conservative-Liberal Democrat government, and in 2018 Theresa May stated "we do not support a ban on the wearing of the veil in public".[80]

Oceania

Australia

In 2010, Australian Liberal Senator Cory Bernardi called for the burqa to be banned in Australia, branding it "un-Australian". The ban did not go ahead but the debate about the burqa continues.[81][82]

In 2011, Carnita Matthews of Sydney was sentenced to six months jail for making a statement accusing a police officer of attempting to forcibly lift her niqab, which news sources initially referred to incorrectly as a burqa.[83] The officer had pulled her over for a random breath test and then ticketed her for a licence infringement. Matthews allegedly then submitted a signed complaint to a police station while wearing a niqab. Judge Clive Jeffreys overturned the conviction in June 2011, citing what he thought were differences between the signature on her license and that on the complaint.[84] She then proceeded to seek legal costs.[83] Matthews was subsequently revealed to have a considerable record of unpaid fines and licence revocations that cast doubt on her character.[85] On 4 July 2011, New South Wales became the first Australian state to pass laws allowing police to demand that burqas (and other head gear such as motorcycle helmets) be removed when asking for identification.

In October 2014, the Speaker of the House and President of the Senate at Parliament House in Canberra decreed that female visitors wearing a face covering would have to sit in the separated glassed-in areas of the public gallery normally reserved for schoolchildren. This was in response to a planned disruptive action by a political activist group. Prime Minister Tony Abbott stated that he opposed this restriction.[86] The decision was subsequently reversed.[87]

In August 2017, Senator Pauline Hanson arrived at the Senate wearing a burqa in protest, calling for the garment to be banned. Following the incident, polling found that the majority of Australians supported banning the wearing of the burqa.

Canada

Quebec

On October 18, 2017, the Quebec provincial government passed bill 62, which requires people to show their face when giving or receiving public services. The bill allows exemptions (including for religious motives) on a "case by case" basis, but despite this, the legislation was still regarded as a ban on burqas and niqabs by its detractors.[88]

As of July 2018, the ban has been suspended by at least two judges for violating the Canadian Charter of Rights and Freedoms. It was first suspended in December 2017.[89][90][91]

See also

Footnotes

  • ^a It's generally pronounced in the local variety of Arabic which vary. Examples: Egyptian Arabic: [ˈboɾʔoʕ], plural: Egyptian Arabic pronunciation: [bæˈɾæːʔeʕ], in Literary Arabic by Egyptians: Egyptian Arabic pronunciation: [ˈborqoʕ], plural: Egyptian Arabic pronunciation: [bɑˈɾɑːqeʕ].

References

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  3. 1 2 Halasz; McKenzie, Stephanie; Sheena (27 June 2018). "The Netherlands introduces burqa ban in some public spaces" (June 27, 2018). CNN. CNN. Retrieved 9 August 2018.
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  82. 1 2 "Burqa wearing-woman Carnita Matthews to seek legal costs". The Daily Telegraph. 23 June 2011.
  83. ↑ Fife-Yeomans, Janet (1 July 2011). "No covering up similar signatures in Carnita Matthews burqa case". The Daily Telegraph. Retrieved 15 December 2011.
  84. ↑ "Carnita Matthew, accused of making a false statement, has history of not paying fines". www.news.com.au. 22 June 2011.
  85. ↑ "Tony Abbott steps in to have Parliament House burka restrictions overturned". ABC News, 3 October 2014. Retrieved 3 October 2014.
  86. ↑ "Burka segregation in Parliament reversed by Bishop". 19 October 2014. Retrieved 25 August 2016.
  87. ↑ Boissinot, Jacques (24 October 2017). "How will Quebec's Bill 62 work? What we know (and don't) so far". The Globe and Mail. Retrieved 1 June 2018.
  88. ↑ Paperny, Anna Mehler. "Canadian judge suspends Quebec niqab ban". U.S. Retrieved 2018-07-22.
  89. ↑ Paperny, Anna Mehler. "Second Canadian judge suspends Quebec niqab ban". CA. Retrieved 2018-07-22.
  90. ↑ "Judge suspends Quebec face-covering ban, says it appears to violate charter | CBC News". CBC. Retrieved 2018-07-22.
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