FaithWorld

After scarves in schools, France mulls ban on burqas and niqabs

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Pakistani Islamist women activists in Lahore, 5 Feb 2009/Mohsin Raza

French politicians seem ready once again to make a political issue out of Muslim women’s clothes. A group of 58 legislators has called for a parliamentary enquiry into what they said was a growing number of women wearing “the burqa and the niqab on the national territory. Their initiative comes five years after France banned the Muslim headscarf from French state schools. President Nicolas Sarkozy hasn’t tipped his hand yet, but his government’s spokesman, Luc Chatel, said on Friday that Paris could opt for a law “if, after this enquiry, we see that burqa wearing was forced, which is to say it was contrary to our republican principles.”

“There are people in this country who are walking around in portable prisons,” said André Gerin, a Communist legislator who was behind the initiative. More than 40 legislators from Sarkozy’s ruling centre-right party were also signatories. “We have to be able to open a loyal and frank dialogue with all Muslims about the question of the place of Islam in this country … taking into account the slide towards fundamentalism (of some Muslims),” Gerin told France Info radio.

The politicians’ appeal argued that burqas and niqabs violated the principle of gender equality: “If the Islamic headscarf amounted to a distinctive sign of belonging to a religion, here we have the extreme stage of this practice. It is no longer just an ostentatious show of religion, but an attack on women’s freedom and the affirmation of femininity. Clothed in a burqa or niqab, she is in a situation of reclusion, exclusion and inadmissible humiliation. Her very existence is negated.” niqab-pharma

Saudi woman pharmacist in Jeddah, 4 June 2007/Susan Baaghil

Mohammed Moussaoui, head of the French Council of the Muslim faith (CFCM), said he was shocked by the proposal and asked why politicians wanted to focus on what he called a marginal phenomenon when they had bigger economic problems to deal with. “Bringing up the subject in this way, through the creation of a parliamentary commission, amounts to a stigmatisation of Islam and the Muslims of France,” he said.

No estimates exist for the total number of women wearing the all-encompassing garments in France and whether their number has been on the rise. Gerin said the commission would try to establish these facts. There are reasons to question just how widespread the practice really is. In previous public debates in France about Muslim headscarves or Muslim demands for hospitals to respect Islamic traditions (no men doctors to examine women, etc), some politicians and media seemed to assume the word “anecdote” was the singular of “data” and present a few stories as proof of a worrying trend.

New French Muslim chief on the “virginity lie” case

CFCM head Mohammed Moussaoui (r) and Fouad Alaoui (l), 22 June 28/Gonzalo FuentesMohammed Moussaoui, the newly elected head of France’s Muslim council CFCM, has lost no time in criticising the case of a Muslim husband who had his marriage annulled because his wife had lied about being a virgin. The “virginity lie” case caused uproar in France, where critics warned against letting religious issues creep into civil law. Under public pressure, Justice Minister Rachida Dati (herself a Muslim who had a marriage annulled), dropped her original positive assessment and had the decision overturned. The couple remains married until September, when the case will be considered again.

Asked about the case, Moussaoui told the Paris daily Le Figaro: “These people confuse customs and religion. Chastity is recommended for the man and the woman, but it is not a condition for a Muslim marriage. A man loves a women as she is, virgin or not.”

National Muslim leaders in France were notably silent about the issue when it flared up. One of the few who did say anything, Fouad Aloui of the Union of French Islamic Organisations (UOIF), was the main rival to Moussaoui in the recent election as CFCM president. All he said was: “This is not a religious case. It is a legal decision based on the law, so it is up to the judge to decide.” That sounds like an indirect approval of the decision, although it must be said he sounded quite reluctant to talk about it at all (here France Info audio in French).