Limiting Democratic Freedom

by Michael Qolinezhad, May 3,2020

There has been discussion in European countries on whether conspicuous religious symbols must be prohibited, or if governments should show tolerance to religious expression. Conspicuous religious symbols are defined as clearly visible representations of anything that “convey religious concepts” (Goldammer), such as the Christian cross, Jewish skullcap, and Muslim hijab. Several European countries support the banning of religious expression and have applied strict rules against religious representations (Weaver). In February 2004, despite the public protests that had taken place in dozens of locations including demonstrations of over 22,000 people in Paris and London (Robinson) the French government, for the first time in Europe, banned all conspicuous religious symbols in public spheres such as school and state jobs (Weaver). In addition, Belgium in May 2010, banned the full-face veil in public areas, so did the Netherlands in May 2015 for security reasons and for “where it is essential for the people to be seen” (France-Presse).The Muslim world considered these policies discriminatory arguing they target only the Muslim community, because among all the religious groups, the only community that hides their identities are Muslim women, many of whom also argue that wearing the scarf is obligatory in the religion. But this is incorrect as these bans are enforced on any religious symbol and any item of clothing that hides one’s identity (Esman). Nevertheless, banning religious expression still meets resistance. Although people who disagree with the banning claim that in a democratic country, they should be guaranteed freedom of expression and they also believe that we must not presume that all Muslim women are forced to cover but that in fact many women choose to cover, I believe that these views are faulty. I would also like to add that the Quran says nothing specific about wearing the burqa nor the niqab worn by Muslim women.
Let us examine why religious expression is viewed as a democratic right. According to Article 9 of the European Convention on Human Rights (ECHR), which covers “freedom of thought, conscience and religion”, “Everyone is free to manifest his or her beliefs” and they have the right to freely worship and fulfill the requirements of their religions (“Guide on Article 9”). As Muslims claim, covering the face and other parts of the body by Muslim women, is a divine obligation (Robinson) and part of their worship, so they have the right to peacefully observe their religious requirements (“Guide on Article 9”). Moreover, it is stated in Article 9, that a correct democratic society should tolerate diversity in the ‘religious sphere’, and manifestation of religious beliefs of individuals, is protected by this article. This fact means that everyone has freedom of religious expression and Muslim women have legal right to cover, as they are supposed to, in Islam.
However, we cannot conclude that religious expression cannot be limited or prohibited. In Article 9, it is equally stated that the right to religious clothing and expressions ‘is not absolute’ and it must be legitimized to achieve a harmonious agreement in a society. This implies, according to the ECHR, that in a secular democratic society, for public security, public order and the right and freedom of others, religious symbols and clothing can be banned from public spheres which are schools and universities, the civil service, public services, and workplaces (“Guide on Article 9”). Consider the kidnapping occurred in January 2013, when a five-year-old Muslim girl was kidnapped from her school by a woman who was wearing a niqab. The child could not recognize the covered face of the kidnaper and took her as her own mother “who also wears a niqab” (Esman). That clearly explains why no garment should be worn that hides one’s identity. Therefore, it is logical to presume that anti-banners are not considering the policies of the country in which they are living. A national law is to be respected and people must learn when there is a rule in a democratic country, they must follow it.
Adding more weight to this argument on reasoning where freedom is concerned, we should ask the Muslim community whether they truly believe in the ideology that everyone has right of expression, because evidence shows they desire this right only for their community. A Danish artist created series of satirical political cartoons which were published on 30 September 2005, in Jyllands-Posten, a daily newspaper in Denmark. Kurt Westergaard drew the Prophet Mohamed with his turban which was represented as a bomb (“Interview”), to illustrate that there are terrorists that get their inspiration from Islam (Sullivan). As “tame” as it sounds to a westerner, the results were unbelievable, Muslim protesters around the world took to the streets. They burned down the Danish embassy in Damascus, and demonstrators in London held up signs that said “EXTRMINATE THOSE WHO MOCK ISLAM”. The Egyptian ambassadors said that the Denmark’s government “has to do something to appease the Muslim world” (Sullivan). Why? Because someone in a democratic country freely expressed his attitude to religion and politics. If the Muslim community seeks freedom of expression, they also should accept and respect others when they express their opinions about religion. It seems though that the loudest protestors are often the most intolerant of other’s views. Stacey Dooley’s documentary called “My Hometown Fanatics”, which illustrates the extremism in Luton, shows that those in the UK who extremely follow religion, with the women wearing full face burkas are the ones who also want the UK to be an Islamic Nation and they argue that those who do not believe in Islam “will go to hell”. A question here is what would happen to a person who wildly demonstrate in an Islamic country, like Iran or Saudi Arabia, that Christianity must rule the country? My experience says most probably that person would be slaughter, without any further discussion. The Muslim community are related equally as others in Western societies, but those fanatical believers, are abusing these democratic rights by intention of abolishing democracy.
Pro-banners also argue that covering up with Islamic clothing by Muslim women is their choice and no force is involved. Muslims claim that wearing the hijab is “act of truthfulness” and what they want is that “everyone should know they are Muslim women” (Assilmi). They believe that the hijab indicates the power and the courage that Muslim women have, and also this modesty protects them “not to be molested” (Assilmi). Furthermore, there are many Olympic athletes like “American fencer Ibtihaj Muhammad” (Pollitt), authors like Malala Yousafzai who is youngest author that has been received the Nobel Prize (Associated Press) that are hijab wearers and, we cannot say, due to their standing in society as high independent achievers, that they are forced to cover (Pollitt). In short, Muslims insist that Muslim women freely decide to dress as they do without any coercion.
Although I agree, up to a certain point, with assertion that not all Muslim women are forced to cover and wearing the hijab is their choice, I cannot accept the overall conclusion that all the Muslim women are free to decide how to dress. In fact, according to Chesler’s who is a “legendary feminist leader and a best-selling author” (Staff) in her article “Ban the Burqa? The Argument in Favor” in Middle East Forum, there are hundreds of examples of how Muslim woman are coerced in Islamic countries to cover and if they try to withstand, they are treated with violence, often “beaten, threatened with death…by their own family” (Chesler) or by the society they live in. In Iran, I have seen many times Policewomen standing in the middle of city centers or shopping malls, beating, and shouting at women who were not dressed “properly”. In 2004, in Isfahan, Muslim extremists poured acid on the faces of fifteen women. This act led to the death of one of them. Why? Because they were not covered in a way that “governments approve” (“Report of acid attack”). In Greece, my Afghan refugee classmate had her headscarf in her backpack and put it on only when going back home. When I asked the reason, she explained “If I do not wear the headscarf, I will not be accepted by my family, and the Afghan neighbors see me as prostitute”. These are only small examples of tragedy that Muslim women experience but I know this is just a drop in the ocean. So, I have to agree with Poliltt’s view “Forced choice is not a choice”.
Of course, many will too probably disagree with my assertion that in Islam there is no command that necessitates Muslim women to wear the burqa, nor the niqab. But to elicit the truth, we need to see what the Quran says about the Muslim hijab. According to Samina Ali, award-winning author, activist and cultural commentator in her 2017 Ted Talk “What Does the Quran Really Say About A Muslim Woman's Hijab”, back in time in Saudi Arabia, when a woman walked out alone during the night, she was traced by men. If she was wearing a jilbab, “which was a garment, like a coat” it was a sign that she is guarded by her ‘clan’, so nothing would happen to her. If she did not wear the jilbab, then men would attack her because they realized she was only a slave (Samina). After members of the community asked the prophet Muhammad to solve this issue, he brought the matter to God and the Verse al-Ahzab 33:59 of the Quran, was sent to him, “O Prophet tell your wife and daughters and women of the believers to draw upon themselves their garments. This is better, so that they are not known and molested”. However, this was not the solution since wearing similar clothing hid social classes, and status could not be distinguished, slaves and free woman would appear in a same way which was unacceptable. Slaves also could not work properly by been dressed in a coat (Samina). As a result, Muslim scholars suggested that women’s clothing should be based on two essential points, “women’s function in society” or her job, and “the societies specific customs” (Samina). Now, if we apply the rules to contemporary world, that means when a woman has a function or occupation in a society, and she is living “in a society where veiling is not the custom”, which is the case in Europe, wearing clothes adhering to that particular society is even ‘recommended’ to avoid being victimized or singled out (Samina). There is no verse in the Quran that enforces women to hide themselves. Clerics have added in their own irrational touches over the years. Samina Ali explains that out of 6,000 verses only three refer to dress code for women and none tell women they must cover. Many scholars she says argue these references are left vague to allow women to have choice. She jokes that, in the light of the adaptations made to those phrases over time, if some of us “want to go back to 600AD it might actually be a huge step forward”.
In conclusion, freedom is everyone’s desire, but each person may have different definition for it, which is why we have rules to follow. In a democratic system people, maybe not hundred percent, but up to a certain point are free. In order for a differentiated society to remain coherent, limiting freedom is required, so that no one abuses others right. Such limitations, for instance banning the hijab, protect Muslim women from being forced to cover with burqa as well as other citizens from security issue related to unrecognizable identities. Of course, there are Muslim women who choose to cover, but they should know that Quran does not obliged them to be dresses in that way. And last, because every culture has its own traditions, “when in Rome, do as the Romans do”.

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