AN EXPOSE ON THE FRANCE HIJAB BAN AND THE ANTI-HIJAB PROTEST IN IRAN

???????????Growing up in a Christian family, I never understood why some women wore head coverings. I did not bother to inquire about it from Muslim relatives and people around me who understood the significance of the clothing piece. Later on, I witnessed incidents that sparked my curiosity. A teacher instructed one of my Muslim classmates to take off her hijab as it was against the school’s dress code and she was reprimanded for the same reason on subsequent occasions. I began to wonder about the significance of the hijab and why it is so important to my classmate.

???????????A hijab is a head covering worn by Muslim women. To some Muslims, a female must wear a hijab when she attains puberty. There are different types of head covering worn by Muslim women, some of which are; Bukar, Niqab, Chador, Shayla, Khimar, Al-Amira and then the Hijab which is a square scarf that covers the head and the neck. The Arabic word ‘hijab’ means a veil, cover, partition, curtain or screen.[1]

???????????I asked myself, ‘Is there a religious basis for the wearing of the Hijab?’ The Holy Quran never mentions that women should wear the Hijab. However, it provides that women should be modest and decent in their dressing and all interactions with the opposite sex. A verse in the Holy Quran where Allah commands the Prophet Muhammed to advise the women reads,

“Say to the believing women that: they should cast down their glances and guard their private parts (by being chaste)” (24:31)

This verse refers to women and not girls which is the reason why most Muslims see wearing of hijab as an act that should begin after a girl has reached puberty when she shall be considered a woman.[2]

Recently, this controversy has arisen about wearing?hijabs in many countries. Most of this is to protect the secularity of the State and not really as a result of some religious bias. A secular State is a state that seeks to be neutral in matters concerning religion. It does not have an official religion and it treats all citizens equally with no discrimination based on religion. Secularity separates the State from any religion.[3]

In France, on March 3rd 2004, the French government placed a ban on the display of ‘conspicuous’ religious symbols in public schools and hospitals. As a result, a lot of Muslim girls could not wear their hijabs and other head coverings. This ban was initially directed to public schools and not public areas but, on the 13th of July 2010, the National Assembly of France passed a complete ban on clothing with full face coverings, for example, the burka and niqab, in public areas like malls, hospitals, streets etc. If such clothing is worn in public areas, the penalty is a fine of €150 and for anyone who displays violence, a fine of €30,000 and a one-year imprisonment. However, this ban does not apply to hijabs as they do not cover the face. An exception to this law is when a woman is wearing her face covering in a private car or when she is worshipping in a religious place.

France has the largest Muslim population in Europe and 5.7 million Muslims reside in France.[4] As of 2019, 31% of French Muslim women wore hijabs.[5] So these bans and laws do have a great impact on its population.

Why was a ban placed on this religious symbol? Some have argued in support of this ban stating that it allows the clear identification of an individual which reduces security risks. Some have also argued that the act of making Muslim women cover their faces is sexist and that such an act could slowly assimilate into French norms. However, arguments against the ban include that it limits the freedoms of individuals and it does not allow females to choose what standard of modesty to keep.

This ban was challenged and taken to the European Court of Human Rights. However, this court accepted the argument of the French government and upheld the law saying, ‘it was based on an idea of living together’[6] . The United Nations Human Rights Committee in October 2018 thought that this ban harmed women’s right to exercise their beliefs.[7]

In the year 2016, the Mayor of Cannes, David Lisnard, as well as other mayors in the French seaside towns placed a ban on ‘burkini’ which is a portmanteau of burqa and bikini. A lot of people questioned this ban on the basis that France is a country with liberal multiculturalism.[8]

Recently, in January 2022, French lawmakers had a parliamentary meeting to vote on the ban on wearing hijab by women during sports. The Senate voted 160 to 143 in favour of the ban on wearing the hijab and any other ‘conspicuous religious symbol’ during sports competitions. This amendment was proposed by one of the right-wing parties in France, Les Republicains (The Republicans). Their reason for this was however that the hijab could risk the safety of athletes as they wear them during sports.[9] This seems like a very reasonable reason as they are looking out for the safety of their athletes but, to some others, it seems like a flimsy excuse for persecuting Muslims.

In France, there is the left political side which consists of those that support the revolution and then there is the right political side which consists of those that support the King and those who are neither for nor against the revolution. 87% of those on the right support the ban and 75% of those on the left also agree.[10] Shockingly, the incumbent president of France, Emmanuel Macron’s government does not support this proposed ban. The French lawmakers as well express regret over the government’s lack of will to end Islamism in sports.[11]

With all the recent activities of France concerning face coverings and the hijab ban, many think that France is in a league of its own when it comes to further politicizing, targeting and policing European and Muslim women, their clothing choices and bodies.[12] This may be true as a racist and colonial project however, it may not be the case. France could be trying to keep its secularity and it could also be implementing all these bans for the protection of its citizens and to reduce security risks.

Indeed, it is hateful and misogynistic to force women to remove their hijab as well as it is misogynistic and hateful to force them to wear it as the tables are turned in in Iran. Women are fighting for their rights to wear their hijabs in France, whereas, women and girls are fighting against this mandatory act in Iran. These protests began with the death of a young Mahsa Amini.

Mahsa Amini also known as Jina Amini, was a 22-year-old Iranian woman who was arrested on the 13th of September 2022 as she got out of a train in the city of Tehran in Iran by the Guidance Patrol because she was not wearing her hijab in line with government standards. The wearing of the hijab has been mandatory in Iran since the year 1983. The Law Enforcement Command of the Islamic Republic of Iran reported that Mahsa had collapsed at the police station, had a heart attack and fell into a coma. Eyewitnesses, however, claim that she was brutally beaten by the police and was this act of torture was covered by the Iranian authorities. The Iranian government also claimed that the heart attack was due to an underlying illness however, her family has disclaimed this by saying she was perfectly healthy and had no underlying illness. She died on the 16th of September, 2022, in the hospital. The leaked medical scans however show that she had a cerebral haemorrhage and a stroke.[13]

This sad and tragic event led to an uproar of protests in Iran. Women are burning their hijabs, schoolgirls are removing and waving their headscarves in the air to show unprecedented support for the protests. In a video of students in Karaj, a city in Iran, students were heard chanting, ‘If we don’t unite, they will kill us one by one!’ Also in the city of Karaj, students in support of the protests were seen raising their middle fingers with their hijabs in their hands to a portrait of Ayatollah Ruhollah Khomeini, the founder of the Islamic Republic. Schoolgirls were also reported to have forced a school official out of their school. As these protests spread, the Iranian government implemented an internet blackout nationwide.

These protests have been ongoing for two months and six days since the 16th of September up till date. As of 27th November 2022 by 23:13, there had been a total of 510 deaths and at least 1,190 people have had non-fatal injuries. There are a total of approximately 90,000 protesters.[14] There have been demonstrations, civil disobedience and strikes for the government to revoke mandatory religious requirements such as hijab-wearing. Another goal of these demonstrations is for the dissolution of the Morality Police. Iranians of various ethnicities, ages and genders are protesting but it is mainly the younger generation that has taken to the streets. This is seen as one of the biggest protests Iran has experienced. "For the first time in the history of Iran since the Islamic Revolution, there is this unique unity between the ethnicities. Everyone is chanting the same slogan. Their demand is the same."[15]

On the 21st of November 2022, the Iranian footballers refused to sing their national anthem at the World Cup in Qatar as their form of opposition to what is going on in their country. Women are burning their hijabs while dancing while some are cutting their hair. These demonstrations have spread to Europe also. Women are chanting, ‘Woman, life, freedom’ and ‘death to the dictator!’ about the supreme leader, Ayatollah Ali Khamenei.[16]

Security forces have however reacted violently but the courts continue to remain silent. People have been shot for honking their cars in support of the protests, and lawyers, journalists, sports stars, celebrities and civil groups have been arrested for showing support to the protests. Weapons for war are being used against civilians and warehouses are being used to detain people as the prisons are full. The Iranian government stated that over 20 members of security forces have been killed in the protest.[17] What makes this protest different from other protests faced in Iran is that this protest has brought together almost every section of society. Some say this is because Mahsa was an ordinary girl taken from her family unjustly, which is easier to sympathize with.

European states have been called to cut all diplomatic ties with Iran to mount pressure on the government. The BBC have been barred from reporting from inside Iran making it somewhat difficult to know the exact numbers or statistics of this protest. It is very uncertain to predict when these protests will end as lives are being unjustly taken every day and unrest hovers over Iran.

It is ironic how what one country is fighting for is what another country is fighting against. Above all these, the rights of individuals are being infringed upon. Their right to freedom of expression and religion, their right to dignity, their right to freedom from torture, their right to liberty and ultimately their right to life. Article 5 of the Universal Declaration of Human Rights states that ‘No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment’[18] and Article 3 of the Universal Declaration of Human Rights also states, ‘Everyone has the right to life, liberty and security of person [19] . Article 18 of the International Covenant on Civil and Political Rights gives individuals the freedom to manifest their religion, either individually or in a community. Although this section doesn’t make the act of manifesting one’s religion mandatory. So why exactly are these rights not being enforced? The courts must uphold and protect these rights but what exactly are they doing?

I think however that no one should be forced to do or not to do a particular thing especially when it relates to religion. A woman should have the right to choose whether she wants to wear her hijab or not. Although liberty has to be limited, but not in a way that would lead to a gross breach of her right. In the words of Nelson Mandela,

‘For to be free is not merely to cast off one’s chains, but to live in a way that respects and enhances the freedom of others’.

[1] Anisa Alam, ‘The meaning behind the hijab, and what it signifies for Muslim girls’ (The Clark Chronicle, 1 February 2022) < https://clarkchronicle.com/features/2022/02/01/the-meaning-behind-the-hijab-and-what-it-signifies-for-muslim-girls/> accessed 16 November 2022.

[2] Sayyid Muhammad Rizvi, ‘The Qur’an and Hijab’ (Al-Islam) < https://www.al-islam.org/hijab-muslim-womens-dress-islamic-or-cultural-sayyid-muhammad-rizvi/quran-and-hijab> accessed 16 November 2022.

[3] Donald Eugene Smith, ‘What is a Secular State?’ (De Gruyter) < https://www.degruyter.com/document/doi/10.1515/9781400877782-002/pdf> accessed 27 November 2022.

[4] ‘Europe’s Growing Muslim Population’ (Pew Research Center 29 November 2022) < https://www.pewresearch.org/religion/2017/11/29/europes-growing-muslim-population/> accessed 27 November 2022.

[5] Statista Research Department, ‘Percentage of Muslim women wearing the niqab, hijab or any other veil in France in 2019, by frequency’ (Statista 21 June 2022) < https://www.statista.com/statistics/1058154/women-wearing-hijab-france/ > accessed 27 November 2022.

[6] Kim Willsher, ‘France’s burqa ban upheld by human rights court’ (The Guardian, 1 July 2014) < https://www.theguardian.com/world/2014/jul/01/france-burqa-ban-upheld-human-rights-court> accessed 21 November 2022.

[7] Michelle Bachelet, ‘Bachelet updates Human Rights Council on recent human rights issues in more than 50 countries’ (United Nations Human Rights, 26 February 2021) < https://www.ohchr.org/en/2021/02/bachelet-updates-human-rights-council-recent-human-rights-issues-more-50-countries?LangID=E&NewsID=26806> accessed 21 November 2022.

[8] S.P., ‘Why the French keep trying to ban Islamic body wear’ (The Economist 24 August 2016) < https://www.economist.com/the-economist-explains/2016/08/23/why-the-french-keep-trying-to-ban-islamic-body-wear?utm_medium=cpc.adword.pd&utm_source=google&ppccampaignID=18156330227&ppcadID=&utm_campaign=a.22brand_pmax&utm_content=conversion.direct-response.anonymous&gclid=EAIaIQobChMIuvfdou7N-wIVkOJ3Ch1OAQdgEAAYASAAEgJlqfD_BwE&gclsrc=aw.ds> accessed 27 November 2022.

[9] Shaista Aziz, ‘France is on a dangerous collision course with its Muslim population’ (CNN, 5 February 2022) < https://edition.cnn.com/2022/02/05/opinions/france-hijab-ban-sports-aziz/index.html> accessed 27 November 2022.

[10] ‘Widespread Support For Banning Full Islamic Veil in Western Europe’ (Pew Research Center 8 July 2010) < https://www.pewresearch.org/global/2010/07/08/widespread-support-for-banning-full-islamic-veil-in-western-europe/#:~:text=In%20France%2C%2087%25%20of%20those,on%20the%20political%20left%20agree> accessed on 27 November 2022.

[11] Shaista Aziz, ‘France is on a dangerous collision course with its Muslim population’ (CNN, 5 February 2022) < https://edition.cnn.com/2022/02/05/opinions/france-hijab-ban-sports-aziz/index.html> accessed 27 November 2022.

[12] ibid

[13] Jorg Brase, ‘Irans Opposition hat vor allem eine Schw?che’ (zdfheute 20 September 2022) <https://www.zdf.de/nachrichten/politik/iran-protest-mahsa-amini-100.html> accessed 27 November 2022.

[14] Reuters, ‘Niece of Iran’s Supreme Leader urges world to cut ties with Tehran’ (Reuters 27 November 2022) < https://www.reuters.com/world/middle-east/niece-irans-supreme-leader-urges-world-cut-ties-with-tehran-over-unrest-online-2022-11-27/?UTM_CAMPAIGN=Big_Moments&UTM_SOURCE=Google&UTM_MEDIUM=Sponsored> accessed 27 November 2022.

[15] Joshua Askew, ‘Iran protests: What caused them? Are they different this time? Will the regime fall?’ (Euronews 25 November 2022) <https://www.euronews.com/2022/11/25/iran-protests-what-caused-them-who-is-generation-z-will-the-unrest-lead-to-revolution#:~:text=Iran%20has%20been%20rocked%20by,correctly%20and%20sporting%20skinny%20jeans> accessed 28 November 2022.

[16] Ibid.

[17] Ibid.

[18] UDHR 1948, art 5.

[19] UDHR 1948, art 3.

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Law Students' Association of Nigeria (LAWSAN) LAWSAN, Babcock University Chapter Babcock University, Ilishan-Remo, Nigeria

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