The Shabina Begum case (part 3)

By Indigo Jo on March 3, 2005 10:03 PM | 22 Comments | No TrackBacks

The discussion of yesterday's ruling on Shabina Begum's jilbab has continued apace in both the media and the blogosphere today (given that the first morning papers to report the story would have been today's). A lot of people won't be surprised that much of the media coverage has been unsympathetic. The Daily Mail is as thoroughly unsympathetic as you might expect. Its editorial this morning claimed:

Yet again, Britain is diminished by a destructive cocktail of human rights legislation, legal aid, lawyers living high on the hog and judges who seem bereft of common sense. And yet again, the public watches in despair as another perverse ruling makes nonsense of values once taken for granted.

The first paragraph is actually a rehash of the canards beloved of the Daily Mail and other right-wing populist papers. If we didn't have human rights law, Parliament could ride roughshod over anyone and everyone with a 50.1% majority; without legal aid, only the rich could afford access to the law; the bit about rich lawyers is irrelevant, and the bit about judges lacking common-sense ("common-sense" being a common right-wing slogan meaning the first thing that comes into the head of the person who doesn't have time to think) is just their opinion. The fact is this: the school had an "Islamic" uniform which, as modelled by another girl (which, contrary to my earlier impression, is not Shabina Begum) in the Standard and today's Mail, is not Islamic.

Further on, the same editorial alleges that the rights of other people have been ignored in favour of the interests of a minority. But nobody's rights have been infringed; on the contrary, they may have been extended. Some girls may not want to wear the jilbab; others might want to. The leader also brings up the old saw about the possibility of families pressuring girls to wear the jilbab when they themselves don't want to. I've heard this ridiculous argument from my aunt, who herself forces her own daughter to wear a skirt to school, when she doesn't want to! The Mail wouldn't hesitate to defend parents in any other case where their wishes conflict with their children's.

The BBC has a more balanced discussion, although its "Have Your Say" page contains the usual nonsense from the "peanut gallery". The BBC's page discussing what Islamic scholars and women's leaders say about hijab refers to a "Dr Anas Abushadyan" of London Central Mosque, whose name is actually Abu Shaadi (I can't remember how he renders it in English letters, but there's definitely no "an" on the end). Dr Abu Shaadi confirms that the shalwar kameez is acceptable Islamic dress, although it's not clear whether he means shalwar kameez in general or the version of it shown in yesterday's Standard.

Ahmed Weir noted that the girl is a member of, and supported by, Hizbut-Tahrir which has caused an awful lot of trouble in the community over the past few years. HT are obnoxious and the stereotype of a "Hizbi" in this country is of the youth spouting childish certainties about the group's political ideology. I met a group of them in east London a few years ago, and they claim that their founder was "mujtahid mutlaq", a plainly nonsensical idea. The conclusion was that because they are behind this, well, 'nuff said. I disagree, because HT in any case don't have the resources to bring this to court. This was done by a non-Muslim children's rights organisation, and her representative was the Prime Minister's wife. If our own daughters were being forced to dress unacceptably, we would welcome support in changing the situation, whether it came from heretics (like HT) or non-Muslims. And the argument that she could have gone to the other school (which she eventually did) which does allow jilbab does not wash either. Everyone knows that there is such a thing as over-subscription, otherwise known as the school being full. Only so many pupils can transfer from one school to the other.

There is an irony in this case, which is that the jilbab in question in this case is not, in fact, the jilbab of the Salaf. Shaikh Riyadh al-Haqq of Birmingham mentioned in a tape, since withdrawn, that the mufassireen described a jilbab as covering the whole body, from the head down, not the Syrian-style overcoat worn by sister Shabina (you can read what Shaikh Muhammad bin Adam says about this on SunniPath here). The women of the Salaf drew this over their faces. This style of jilbab is known as chador in Iran and the bui-bui in Kenya and Tanzania, but apart from this it's quite rare now. But whether or not sister Shabina is Sunni, Shi'a, Wahhabi or HT, we shouldn't attack her for using the law to ban schools forcing girls into an un-Islamic dress code.

And Allah knows best.

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22 Comments

George | March 9, 2005 7:03 PM | Reply

One problem I have with the Shabina Begum affair - what if someone wanted to go naked and claimed to follow a religion which forbade clothing? How does one argue in favour of modesty anyway without invoking a particular religion in your argument?

George | March 9, 2005 7:03 PM | Reply

One problem I have with the Shabina Begum affair - what if someone wanted to go naked and claimed to follow a religion which forbade clothing? How does one argue in favour of modesty anyway without invoking a particular religion in your argument?

Kazem | March 10, 2005 4:03 PM | Reply

George,

As I see it, it would be equally okay if someone wanted to go naked and claimed to follow a religion which forbade clothing. However, this should be subject to the law of the country. If the law allows such a wanton display of flesh, then it becomes acceptable (politically speaking). We may not like it, I personally would not like girls/women to come on to the street/schools naked. But if the law allows it, I have no choice but to bear it (since in most countries today - political authority often overrides religious considerations). If it weighs too much on my soul, I should seek to lobby the government, and seek to change the law. If it proves impossibly difficult to turn around such law, I should move to another country where the society is more tolerant of my ideals or where my religious sentiments are adequately represented in the political agenda. Please note that I am not talking about (moral) rights or wrongs here.

And just to add something to the overall discussion:
With regards to Shabina Begum case: I think if we are going to accept that this country, the UK, is a multicultural society (as however defined under her laws), then it shouldn't be difficult to accept Shabina's style of dress. This is as long as it does not obstruct the rights of any other citizen or seek to mock the multicultural sensibilities of the country. On the other hand, if we are going to claim that the UK is a non-multicultural society - and it's just a matter of 'hey, these "non-natives" can stay anyway - as long as they behave like us'; then, ofcourse, Shabina will have a hard time getting away with the jilbab or any "foreign"-looking attire for that matter. She is a second class citizen.

So, the politicians and power brokers have a choice. To declare that the land is freely open to anyone with appropriate legal rights to live therein, and such people may live and practise their religion without humiliation, fear or grief; OR, they could declare (explicitly/implicitly) that the UK is a "post-modern" country (possibly white only) open precisely to those who will conform to a particular culture, pre-defined social attitudes, way of speaking, and most importantly dress-codes, etc, and not open to people with "foreign" religious beliefs.

If the UK were to join France, Germany, Turkey, etc, and go down the latter route (which I don't expect), then it would be time for those women who like to wear their jilbabs to consider whether they are actually tolerated in these countries. I don't know what the non-revolutionary solution would be, but it would be recorded in the history of those with intelligence how simple-minded those civil "leaders" who consider it unacceptable for a muslim woman to cover herself.

And how tolerant every other countries of the world are in accommodating and tolerating the attitudes of the inhabitants of the western world. I know of no country in the world where the culture of the UK people is not tolerated.

On the issue of school uniform. I like school uniforms. I believe uniforms address certain important issues in the life of young school pupils.
I suggest schools should have multiple styles of uniforms to cater for the needs of all their students. It may be the same material, but the style can be different. Schools need not be like prisons, or vice-versa.

Kazem | March 10, 2005 4:03 PM | Reply

George,

As I see it, it would be equally okay if someone wanted to go naked and claimed to follow a religion which forbade clothing. However, this should be subject to the law of the country. If the law allows such a wanton display of flesh, then it becomes acceptable (politically speaking). We may not like it, I personally would not like girls/women to come on to the street/schools naked. But if the law allows it, I have no choice but to bear it (since in most countries today - political authority often overrides religious considerations). If it weighs too much on my soul, I should seek to lobby the government, and seek to change the law. If it proves impossibly difficult to turn around such law, I should move to another country where the society is more tolerant of my ideals or where my religious sentiments are adequately represented in the political agenda. Please note that I am not talking about (moral) rights or wrongs here.

And just to add something to the overall discussion:
With regards to Shabina Begum case: I think if we are going to accept that this country, the UK, is a multicultural society (as however defined under her laws), then it shouldn't be difficult to accept Shabina's style of dress. This is as long as it does not obstruct the rights of any other citizen or seek to mock the multicultural sensibilities of the country. On the other hand, if we are going to claim that the UK is a non-multicultural society - and it's just a matter of 'hey, these "non-natives" can stay anyway - as long as they behave like us'; then, ofcourse, Shabina will have a hard time getting away with the jilbab or any "foreign"-looking attire for that matter. She is a second class citizen.

So, the politicians and power brokers have a choice. To declare that the land is freely open to anyone with appropriate legal rights to live therein, and such people may live and practise their religion without humiliation, fear or grief; OR, they could declare (explicitly/implicitly) that the UK is a "post-modern" country (possibly white only) open precisely to those who will conform to a particular culture, pre-defined social attitudes, way of speaking, and most importantly dress-codes, etc, and not open to people with "foreign" religious beliefs.

If the UK were to join France, Germany, Turkey, etc, and go down the latter route (which I don't expect), then it would be time for those women who like to wear their jilbabs to consider whether they are actually tolerated in these countries. I don't know what the non-revolutionary solution would be, but it would be recorded in the history of those with intelligence how simple-minded those civil "leaders" who consider it unacceptable for a muslim woman to cover herself.

And how tolerant every other countries of the world are in accommodating and tolerating the attitudes of the inhabitants of the western world. I know of no country in the world where the culture of the UK people is not tolerated.

On the issue of school uniform. I like school uniforms. I believe uniforms address certain important issues in the life of young school pupils.
I suggest schools should have multiple styles of uniforms to cater for the needs of all their students. It may be the same material, but the style can be different. Schools need not be like prisons, or vice-versa.

muhammed rafiqullah | March 14, 2005 8:03 AM | Reply

She is like our begum rukiya.

muhammed rafiqullah | March 14, 2005 8:03 AM | Reply

She is like our begum rukiya.

Safiyyah | March 17, 2005 2:03 AM | Reply

Assalaamu Alaykum, Yusuf.
Wanted to ask you a few questions about this case and the larger issues surrounding it. I've been trying to connect a few of the hijab cases in the Western world, but I don't know the culture in UK and I'm hoping you can help me with that. Can't find your email address on your site. Would you send me an email?
Thanks in advance for your help:-)
Take care,
Safiyyah

Safiyyah | March 17, 2005 2:03 AM | Reply

Assalaamu Alaykum, Yusuf.
Wanted to ask you a few questions about this case and the larger issues surrounding it. I've been trying to connect a few of the hijab cases in the Western world, but I don't know the culture in UK and I'm hoping you can help me with that. Can't find your email address on your site. Would you send me an email?
Thanks in advance for your help:-)
Take care,
Safiyyah

Muhammad Siddiq | March 20, 2005 11:03 AM | Reply

Dear Shabina

i love your act, i love your belief. i love for your all...
Will you marry me?

Muhammad Siddiq | March 20, 2005 11:03 AM | Reply

Dear Shabina

i love your act, i love your belief. i love for your all...
Will you marry me?

Muhammad Siddiq | March 20, 2005 11:03 AM | Reply

Dear Shabina

You are one of muslim heroenes. i hope you still keep your belief untill end. i love you so much....
will you marry me?
please send your answer to my email: data_shiddiq@yahoo.com

Muhammad Siddiq | March 20, 2005 11:03 AM | Reply

Dear Shabina

You are one of muslim heroenes. i hope you still keep your belief untill end. i love you so much....
will you marry me?
please send your answer to my email: data_shiddiq@yahoo.com

Safiyyah | March 21, 2005 10:03 PM | Reply

Hahaha! Can't stop laughing. Wait a minute...is this real?
Yusuf, I can't believe you actually have a whole post on this subject. Poor girl. Hope she doesn't venture here. If I were her, I'd be VERY embarrassed.

Safiyyah | March 21, 2005 10:03 PM | Reply

Hahaha! Can't stop laughing. Wait a minute...is this real?
Yusuf, I can't believe you actually have a whole post on this subject. Poor girl. Hope she doesn't venture here. If I were her, I'd be VERY embarrassed.

Chris | August 22, 2005 1:08 AM | Reply

I am a Jedi Knight. Can I wear my black cloak and helmet to school?

Chris | August 22, 2005 1:08 AM | Reply

I am a Jedi Knight. Can I wear my black cloak and helmet to school?

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