veiled4allah: British Muslim girl wins right to wear jilbab to school

The jilbab is a long coat that some Muslim women believe is religiously obligatory to wear out in public. Shabina Begum had originally worn shalwar kameez (a long tunic and trousers) and hijab (headscarf) to school, as the school's dress code permits. However, she later became convinced through her study that the jilbab was religiously obligatory, and decided to wear it to school. However, the school expelled her for wearing the jilbab. She eventually transferred to another school that permitted her to wear the jilbab. She also brought suit, and a British court today ruled in her favor (also here), saying that her rights had been violated:

Lord Justice Brooke, vice-president of the civil division of the court of appeal, called on the Department for Education and Skills to give schools more guidance on how to comply with their obligations under the Human Rights Act. He ruled that her school had:

* unlawfully excluded her
* unlawfully denied her the right to manifest her religion
* unlawfully denied her access to suitable and appropriate education.

The schoolgirl was represented by Cherie Booth QC in a landmark case that has been fought through the courts for more than a year.

Ms Booth told the judges at a hearing last December that the case involved "fundamental issues" about the nature and interpretation of Shabina's rights to education and freedom to practise her religion...

...The Muslim Council of Britain welcome the court's decision.

Its secretary general, Iqbal Sacranie, said: "This is a very important ruling on the issue of personal freedoms. Many other schools have willingly accommodated Muslim schoolgirls wearing the jilbab. The British Muslim community is a diverse community in terms of the interpretation and understanding of their faith and its practice. Within this broad spectrum, those that believe and choose to wear the jilbaband consider it to be part of their faith requirement for modest attire [and] should be respected. Today's judgment is a clear reflection of that common sense approach."

The general scretary of the National Union of Teachers, Steve Sinnott, said it was important that schools respected the religious traditions of the communities represented among their pupils. "There is no reason why the colour of any school's uniform, for example, cannot be used for the jilbab.

"Schools have to take account of genuine health and safety concerns in subjects such as science or physical education but answers can be found to these practical problems."

He added that the union would be issuing guidance to its members on the jilbab in schools. "That guidance has been drawn up following consultation with the Muslim Council of Great Britain, the Institute of Race Relations, the General Teaching Council, headteachers, local authorities and others."

I think that Sinnott has a very sensible and commendable attitude. Surely as long as the attire raises no health and safety concerns, and doesn't pose a danger or threat to anybody (which a coat hardly does), then there should be a way to compromise, rather than just sending students home because they don't "dress right" and therefore denying them an education.

The Guardian has an interview with Begum (note: there appears to be a typographical error in the Quranic reference, which should be to 33:59 not 3:59).

Added: (Non-Muslim) British blogger Meaders keeps it short and sweet:

The case for socialists and progressives should be obvious: Muslim women are as competent to dictate their own appearance as any other, and attempts to deny them this right should be treated - not just as an assualt on religious freedom - but as a denial of women's rights made on flagrantly prejudicial lines.

Another British blogger, lenin, responds to the comments on Meaders's site with a slightly different view, but concludes:

Britain, too, marginalises and oppresses Muslims in a variety of ways - usually by denying them employment opportunities, housing them inadequately, subjecting them to the rough end of the state's monopoly on violence. There is here a legitimate claim by British Muslims in response to this, which is that those who want to are entitled to reinforce their identity as Muslims. Since they are subject to 'ascriptive humiliation', targeted for who they are not what they do, they have a right to demand the fullest cultural expression that is commensurable with the human rights of others and those within their 'encompassed group'. It is on these and like grounds that I maintain the right to wear the hijab or jellaba [ed. note: another name for jilbab] is a matter of universal human rights.

See also here for more from Meaders. It's a good debate to follow.