I don’t like what you wear but I will defend to the death your right to wear it? Surely anyone who believes in liberty should feel a twinge of unease when there’s talk of banning certain items of clothing. Yet today the BBC reports that a survey carried out for it by ICM has found that one in three people would support a ban on the niqab – the veil – in public places.
The debate sparked by Jack Straw, who said earlier in the year that the wearing of the veil is ‘a visible sign of separation’, has clearly moved on. It is one thing to object to the veil, or to wish that women would choose not to wear it in Britain, but to force them not to wear it? Beyond its visible divisiveness, let us recap some of the objections to the veil made by Muslim commentators and non-Muslims alike.
For a start, the wearing of the veil owes more to culture than creed, since nowhere in the Qur’an is it required as part of the female sartorial code, so encouraging Muslim women to communicate more fully with others in society can hardly be categorised as discrimination. It has also often been pointed out that the veil is an agent of repression. There have, for example, been reports of women being forced to wear the veil so hide wounds after they’ve been beaten. Another argument against it is that the veil is impractical. The most emotive of the arguments is, I think, Straw’s; namely, that the veil is frequently worn as a symbolic statement of Islamic unity in opposition to western society. What is particularly noteworthy, though hardly surprising, is that in Straw’s local constituency sales of the veil have risen significantly since he made his comments. Censorship and proscription always polarize.
So how can we avoid making this separatism worse? In a sense all of the cases made so far present us with serious causes for concern but not necessarily with absolute reasons for legislating against the niqab or jilbab or hijab.
But there are areas of social life where the wearing of the veil is potentially hazardous, where freedom of choice is not a strong enough argument. For instance, as Zareen Roohi Ahmed, chief executive of the British Muslim Forum, has said: ‘If security is at stake, such as at an airport, then yes, of course, the veil should be removed.’ The public evidently agrees, for six out of ten people believe that the veil should be prohibited in airports and at passport controls. There are also areas where being unable to see a person’s face prevents the execution of the law or contradicts common sense – such as in a court of law or academic examinations where you need to be able to verify the identity of the person sitting the exam – and a majority of the respondents in the BBC/ICM survey would support a ban in courtrooms and schools.
Banning in circumstances where it can legitimately be regarded as a threat to society should make it possible for us to permit it in circumstances where, though we may feel uncomfortable about it, we should be seen to be cooperative, discerning and fair.
Agreed?