News & Politics - Girl loses right to wear Muslim dress in school

Avatar · 06-15-2004, 06:58 AM

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Girl loses right to wear Muslim dress in school

Staff and agencies
Tuesday June 15, 2004

A 15-year-old schoolgirl today lost her High Court battle for the right to wear traditional Muslim dress in the classroom.

Shabina Begum said she was being denied her "right to education and to manifest her religious beliefs", but Mr Justice Bennett rejected her claim that she had been excluded from Denbigh high school in Luton, and dismissed arguments that the school's stance amounted to a violation of her human rights.

Lawyers for the headteacher and governors of the school had raised fears that a win for Shabina could cause unwelcome divisions among pupils, with some regarded as "better Muslims" than others, as well as health and safety risks.

Shabina has been out of school since September 2002, when she was sent home after arriving in the jilbab, a long, flowing gown covering all her body except hands and face.

Denbigh, a 1,000-pupil comprehensive with nearly 800 Muslims, said it had a flexible uniform policy, which took into account all faiths and cultures. Muslim girls could wear trousers, skirts or a shalwar kameez, consisting of trousers and a tunic. They relied on the school policy "to resist pressures which could be brought upon them to wear the jilbab", the court was told.

Dismissing Shabina's application for judicial review, Mr Justice Bennett said the school uniform policy had "a legitimate aim", which was the proper running of a multicultural, multi-faith secular school".

The limitations placed on what Shabina could wear were "proportionate" to that aim, and her human rights had not been infringed. The dress policy applied for Muslim girl pupils "was, and continues to be, a reasoned, balanced, proportionate policy", said the judge. He added: "Having considered the matter carefully, it seems to me unrealistic and artificial to say that the claimant's right to education has been denied in the particular circumstances of this case."

Simon Birks, representing the headteacher and governors, had earlier told the court: "There would also be the risk of division if the jilbab were to be adopted. There could be two classes of people - those who wore the jilbab and those who wore the shalwar kameez, with those wearing the jilbab regarded as 'better Muslims' than those who wore the shalwar kameez."

Yvonne Spencer, for Shabina, had argued that the ban was "constructive exclusion" and breached domestic law and the European convention on human rights. It was "a denial of her right to education and right to manifest her religious beliefs".

Ms Spencer pointed out that the jilbab was part of the uniform in Muslim schools and there had been no problems, apart from some difficulties with physical education. Shabina had chosen to wear the jilbab and had been under no family pressure.

Initially Shabina wore a shalwar kameez but her deepening religious interest led to her wearing the jilbab. When she turned up for the first day of the school year in September 2002, she was told she had to go home and change.

The court heard that she had come under stress after the death of her Bangladeshi mother, Azizun Khanom. Her father died in 1992. One of four children, she wants to be a doctor and had been expected to gain good grades in seven GCSE subjects. The court heard that she had received some home tuition, but her education was under threat.

Later, there were indications that Shabina would now be written to and invited to return to the school.

Shakespeareuk · 06-15-2004, 09:49 AM

Presumably, Shabina and her parents regarded the school's policy on school uniform, (in the school's prospectus) before deciding to send Shabina to this school - sorry, I don't mean to sound hard on the poor girl, afterall the school I went to, boys of Jewish faith who also attended the school were allowed to wear their caps without any questions.

Seems quite a harsh judgement on the girl though

Papri · 06-15-2004, 11:41 AM

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Simon Birks, representing the headteacher and governors, had earlier told the court: "There would also be the risk of division if the jilbab were to be adopted. There could be two classes of people - those who wore the jilbab and those who wore the shalwar kameez, with those wearing the jilbab regarded as 'better Muslims' than those who wore the shalwar kameez."

Well that's a pile of crap if ever there was one. Who are the school, staff or pupils to comment on what makes a good Muslim/Christian/Jew/whatever? On what knowledge or research can they basis their theory that her wearing a jilbab will "create division" and put judgement on people being "better Muslims"?

Besdies, who is it killing if she does wear it? It's like saying the length of your skirt, or the cut of your blouse makes a judgement on how fashionable you are, and therefore creates division.

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Muslim girls could wear trousers, skirts or a shalwar kameez, consisting of trousers and a tunic. They relied on the school policy "to resist pressures which could be brought upon them to wear the jilbab", the court was told.

Secondly they make it sound like such a big favour that they allowed her to wear shalwaar kameez. That isn't even a form of religious dress, it's a kind of outfit that derived from the Indian subcontinent. By wearing that, she's not necessarily expressing her religion, only the fact that she's from the South East Asian ethinic background. Which is nowhere near the same as religion. And why does everyone always automatically assume that it's "pressure" that forces girls to wear headscarfs/jilbabs/anything else. By saying that the girls "relied on school policy to resist pressures which could be brought upon them to wear the jilbab" just falsely indicates that all these poor little Muslim girls who cant think, speak or act for themselves are relying on school rules to salvage them from becoming oppressed women, forced to wear a jilbab. If they want to wear it, they will. If they dont, they wont. It really is that simple.

*sigh*

It just seems to be going round and round in circles. The whole deal in France, now here in the UK too. And it's not the fact that it's just Muslims kicking up a big fuss, which is how it's often perceived. It's not that - it's the principle. Why is it so unacceptable to show your religion in school? As long as you're not harming others by doing so, what is the problem? It's like saying you're not allowed to demonstrate your political beliefs, or personal opinions on anything.

If the school authorities are so concerned about the risk of divison instead of hiding the problem by banning it, why dont they do something proactive and maybe encourage learning about the reasons behind it, and showing that it isnt a threat. How can a piece of cloth be so threatening?

Ignorance leads to misunderstanding, which in turn leads to fear... which finally manifests itself as violence or tension, or in this case, repression. If people just took some time out to learn about issues before screaming about the threat of it, maybe we'd all be in a better place. Or maybe that's just too idealistic.

JohannafromIHJ · 06-15-2004, 12:22 PM

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Originally posted by Papri
Well that's a pile of crap if ever there was one. Who are the school, staff or pupils to comment on what makes a good Muslim/Christian/Jew/whatever? On what knowledge or research can they basis their theory that her wearing a jilbab will "create division" and put judgement on people being "better Muslims"?

I think it's fairly obvious that those who, for example, wear a veil to school/work (or are the father/brother of a woman who wears a veil) consider themselves to be better Muslims than the women who chose not to. Among women who get very deep into Islam--bordering on fanatical--covering up more and more is a kind of symptom, or obsession. It's sort of like Christian women who talk about how women should always submit to their husbands no matter what, and those who don't aren't truly blessed by the Lord and whatnot.

I remember from my HS days that there was a good deal of arguing going on between the Muslim girls who wore a veil, and those who didn't. The girls who wore veils would often throw out things like "You're asking to be raped" or "The Koran orders women to dress with modesty" or "When you let men stare at your flesh you abuse yourself and turn yourself into used goods, no good man will ever want you now." The girls who didn't wear veils would respond in pretty much the same manner. It got really tiresome after a while.

While I think people should be able to wear whatever they want, I can see why this school would have a problem with it. It is perfectly possible for her to dress modestly while still being in compliance with the dress code.

And her parents did sign her up for that school, knowing full well of the dress code. It's not the school's job to mold itself after the wishes and spiritual growth of individual students, especially not when it could cause tension between the students.

ros2nz · 06-15-2004, 09:17 PM

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I remember from my HS days that there was a good deal of arguing going on between the Muslim girls who wore a veil, and those who didn't. The girls who wore veils would often throw out things like "You're asking to be raped" or "The Koran orders women to dress with modesty" or "When you let men stare at your flesh you abuse yourself and turn yourself into used goods, no good man will ever want you now." The girls who didn't wear veils would respond in pretty much the same manner. It got really tiresome after a while.

While I understand the logic of this, it's not always the case. Most of the Muslim girls who go to HS in Western countries wear the hijab or jilbab a) out of pressure on the home front, b) their own beliefs.

And yes, while many girls do go on the holier-than-thou attitude, most really don't give a damn. It's like girls who're in the most popular cliques who look down on the rest of the 'uncouth' student body. That creates a distinction. That creates segregation. But at the end of the day, it's not in court, is it?

This is really nothing more than paranoia. And most people have a mind of their own. No one, esp. not HS girls, care much about what somone else is preaching.

As for the girl's compromised education, it's a classic example of 'back down or else'. And being from a similar background myself, I can safely say that yes, kids do go to US HS to have a better chance of getting into good US colleges. And missing grades do hurt it. That's just sad, because education isn't that cheap.

Shakespeareuk · 06-16-2004, 10:46 AM

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Originally posted by JohannafromIHJ

And her parents did sign her up for that school, knowing full well of the dress code.

Hmm, see my earlier post on this point. I was watching the news last night, here in the UK, funny thing though, it was mentioned that Shabina would now try another school within the Luton area where the school uniform dress code is less strict - lets hope she does get into a school, I mean after not attending classes since September 2002

Katis · 06-16-2004, 08:13 PM

This is just ridiculous. How is what she is wearing going to affect people? There are ALWAYS going to be divisions among students. Kid who wear more expensive clothing could look down on kids wearing clothes from Walmart. Does that mean that expensive clothing should be prohibited? No. Stupid.

mh67511 · 06-16-2004, 08:43 PM

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Originally posted by Katis
Kid who wear more expensive clothing could look down on kids wearing clothes from Walmart. Does that mean that expensive clothing should be prohibited? No. Stupid.

I was going to say the EXACT same thing. This is as ridiculous as banning kids from wearing A&F.

nghn · 06-20-2004, 05:32 PM

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Originally posted by Katis
This is just ridiculous. How is what she is wearing going to affect people?

Because some people are using scarf as a political sembol beyond religion.Turkey is a muslim country however students are not wearing scarf at schools because of it.Especially at universities it causes some serious problems.

Nagihan

Katis · 06-20-2004, 06:37 PM

So because some people are using it as a political symbol, others deserve to have their religious rights oppressed? I don't think so.

ros2nz · 06-21-2004, 02:02 AM

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Originally posted by Katis
So because some people are using it as a political symbol, others deserve to have their religious rights oppressed? I don't think so.

word

nghn · 06-21-2004, 04:00 AM

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Originally posted by Katis
So because some people are using it as a political symbol, others deserve to have their religious rights oppressed?

No.Ofcourse not.But even the goverments don't admit it this is the biggest reason.

Using scarf as a political symbol is a very serious danger.These people don't accept the laicism.These people threaten modern republicanism.And unfortunately others have to deal with the results.Even though they don't deserve.

Nagihan


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