Niqāb

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Woman wearing a niqab with baby
A woman wearing a niqab in Syria
A family in Jeddah celebrating Eid ul Adha

A niqab (/nɪˈkɑːb/; Arabic: نِقاب‎‎ niqāb , "veil" also called a ruband) is a cloth that covers the face as a part of sartorial hijab. It is worn by some Muslim women in public areas and in front of non-mahram adult males, especially in the Hanbali Muslim faith tradition. The niqab is worn in the Arab countries of the Arabian Peninsula such as Saudi Arabia, Yemen, Oman, and the United Arab Emirates. The niqab is also worn in countries such as Somalia, Syria, Afghanistan, Pakistan, India, Bangladesh as well as some parts of Palestinian-ruled territories, southern provinces of Iran, and additional areas with sizeable Muslim populations. Because of the wide variety of hijab worn in the Muslim world, it can be difficult to definitively distinguish between one type of veil and another. The terms niqab and burqa are often incorrectly used interchangeably; a niqab covers the face while a burqa covers the whole body from the top of the head to the ground.

Etymology

Women who wear the niqab are often called niqābīah ; this word is used both as a noun and as an adjective. However, the correct form منتقبة muntaqabah / muntaqibah  (plural muntaqabāt / muntaqibāt ) as niqābīah  is used in a derogatory manner (much as with ḥijābīah  versus محجبة muḥajjabah ).[1] Colloquially, women in niqab are called منقبة munaqqabah , with the plural منقبات munaqqabāt . The word niqabi is commonly used in English[by whom?] to refer to a woman who wears a niqab.

Overview

Pre-Islamic use of the face veil

It is claimed that the face-veil was originally part of women's dress among certain classes in the Byzantine Empire and was adopted into Muslim culture during the Arab conquest of the Middle East.[2] However, although Byzantine art before Islam commonly depicts women with veiled heads or covered hair, it does not depict women with veiled faces. In addition, the Greek geographer Strabo, writing in the first century AD, refers to some Persian women veiling their faces;[3][not in citation given] and the early third-century Christian writer Tertullian clearly refers in his treatise The Veiling of Virgins to some "pagan" women of "Arabia" wearing a veil that covers not only their head but also the entire face.[4] Clement of Alexandria commends the contemporary use of face coverings.[5][6] There are also two Biblical references to the employment of covering face veils in Genesis 38.14 and Genesis 24.65, by Tamar and by Rebekah, Jacob and Abraham's daughters-in-law respectively.[7][8][9] These primary sources show that some women in Egypt, Arabia, Canaan and Persia veiled their faces long before Islam. In the case of Tamar, the Biblical text, 'When Judah saw her, he thought her to be a harlot; because she had covered her face' indicates customary, if not sacral, use of the face veil to accentuate rather than disguise her sexuality.[10]

Niqab in Islam

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Views among Muslim scholars

There is a difference of opinion amongst scholars in Islam as to whether or not covering the face is obligatory (fard). The niqab has continued to arouse debate between Muslim scholars and jurists both past and present concerning whether it is fard (obligatory), mustahabb (recommended/preferable), or 'urf (cultural).[11]

Sunni

The opinions of the four traditional Sunni schools of jurisprudence are as follows:

  • Maliki: In the Maliki madhhab, the face and the hands of a woman are not awrah; therefore covering the face is not obligatory. However, Maliki scholars have stated that it is highly recommended (mustahabb) for women to cover their faces.
  • Hanafi: The Hanafi school does not consider a woman's face to be awrah; however it is still obligatory (wajib) for a woman to cover her face. While the Hanafi school has not completely forbidden a male’s gaze towards a female’s face when there exists absolutely no fear of attraction, the woman has no way of knowing whether the gazes directed towards her are free of desire or not, especially when she is out in public. The Hanafi school has thus obliged women to cover their faces in front of strangers.[12][13]
  • Shafi'i: The Shafi'i school has had two well-known positions on this issue. The first view is that covering the face is obligatory at all times when in presence of non-mahram men.[14] The second view is that covering the face is preferred in general, but obligatory only in a time of fitnah (where men do not lower their gaze; or when a woman is very attractive).[15]
  • Hanbali: According to the Hanbali school, there are two differing views on whether a woman's whole body is awrah or not. Mālik, Awzāʿī, and Shafiʿī suggest that the awrah of a woman is her entire body excluding her face and her hands. Hence, covering the face would not be obligatory (fard) in this madhhab.[16] According to scholars like Tirmidhī and Ḥārith b. Hishām, however, all of a woman's body is awrah, including her face, hands, and even fingernails. There is a dispensation though that allows a woman to expose her face and hands, e.g. when asking for her hand in marriage, because it is the centre of beauty.[17]

The modern Salafi movement (with the only exception of Muhammad Nasiruddin al-Albani) state that it is obligatory for a woman to cover her entire body when in public or in presence of non-mahram men.[18][19] Some interpretations say that a veil is not compulsory in front of blind, asexual or gay men.[20][21][22]

Salafi women in several countries, including Saudi Arabia, veil their faces because they believe the face of a woman is considered awrah. Wearing the niqab, however, is not exclusive to the Salafi movement, and other Sunni Muslims may regard niqab either as mubah (permitted), mustahabb (recommended, an additional act of worship) or fard (obligatory).

Shia

In the Shi'a Ja'fari school of fiqh, covering the face is not obligatory.[23]

Rationale

The claimed rationale of the niqab comes from Hadith. It was known that the wives of the Prophet Muhammad covered themselves around non-mahram men. However the Quran explicitly states that the wives of the Prophet are held to a different standard.[24] It is claimed that under Islam the niqab is a requirement for the wives of Muhammad.[25] The following verse from the Qur'an is cited as support for this:[26]<templatestyles src="Template:Blockquote/styles.css" />

"O Prophet! Tell your wives and your daughters, and the believing women, to draw their cloaks (veils) over their bodies. That will be better that they should be known (as respectable woman) so as not to be annoyed. And Allah is Ever Oft-Forgiving, Most Merciful."[Quran 33:59 (Translated by Ahmed Ali)]

This verse was in response to harassment on the part of the "hypocrites",[27] although it does not clearly refer to covering the face itself.

It is also argued by some Muslims that the reasons for the niqab are to keep Muslim women from worrying about their appearances and to conceal their looks.[26][28]

Hadith

The hadith (Arabic plural: ahādīth) are narrations originating from the words and deeds of the Islamic prophet Muhammad.

The Arabic word jilbāb is used in the following traditions:

  • Narrated Aisha: The woman is to bring down her Jilbāb from over her head and [then place it] upon her face. Bukhari:6:60:282, Sunnan Abu Dawud 32:4091
  • Narrated Aisha: The riders used to pass by us when we were with the Messenger of Allaah in ihrām When they came near, each of us would lower her Jilbāb from her head over her face, and when they passed by we would uncover our faces. 1:1833
  • Narrated Aisha: Safwaan ibn al-Mu'attal al-Sulami al Dhakwaani was lagging behind the army. She said, “He came to where I had stopped and saw the black shape of a person sleeping. He recognized me when he saw me, because he had seen me before Hijāb was enjoined. I woke up when I heard him saying 'Inna Lillaahi wa inna ilayhi raaji'oon (verily to Allaah we belong and unto Him is our return),' and I covered my face with my Jilbāb Sahih Muslim, 2:2770
  • Narrated 'Aasim al-Ahwal: We used to enter upon Hafsah bint Sirīn who had put her Jilbāb thus and covered her face with it, and we would say to her: May Allah have mercy on you. Allaah says (interpretation of the meaning): "And as for women past childbearing who do not expect wedlock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment" [al-Noor 24:60]. And she would say to us: What comes after that (of the āyah)? We would say: "But to refrain (i.e. not to discard their outer clothing) is better for them." And so she said: [Referring to, 'But to refrain is better for them'], "It is to keep the Jilbāb." Sahih al-Bukhari, []
  • Narrated Ibn 'Abbās: Allah commanded the believing women, when going out of their homes for some need, to cover their faces from above their heads with their Jilbābs, leaving one eye(or both) to see the path.[29]
  • From Asmā' bint Abi Bakr, that she said, "We are used to cover our faces from the men, and cut our hair before that in Ihrām (for Hajj)."[30]
  • From Asmā' bint Abi Bakr, We would cover our faces while we were Muhrim, and while doing that we would be with Asmā' bint Abi Bakr As-Siddeeq.[31]
  • From Ibn Abi Khaythamah, We entered upon Umm Al-Mu'minīn on Yawm At-Tarwayah and we said to her, 'O Mother of the Believers! Here is a woman who refuses to cover her face and she is a Muhrimah (in ihrām). So 'Aa'ishah lifted her Khimār from her chest, and covered the woman's face with it.[32]
  • Narrated Aisha: "When (the Verse): "They should draw their veils over their Juyubihinna," was revealed, (the ladies) cut their waist sheets at the edges and covered their faces with the cut pieces. Sahih al-Bukhari, []
  • Narrated 'Aisha: The Apostle of Allah used to offer the Fajr prayer and some believing women covered with their veiling sheets used to attend the Fajr prayer with him and then they would return to their homes unrecognized Sahih al-Bukhari, []
  • Narrated Um 'Atiya: We were ordered to bring out our menstruating women and veiled women in the religious gatherings and invocation of Muslims on the two 'Eid festivals. These menstruating women were to keep away from their Musalla. A woman asked, "O Allah's Apostle ' What about one who does not have a niqab?" He said, "Let her share the veil of her companion." Sahih al-Bukhari, []
  • From Anas that the Muhammad said: "And if one of the women of Paradise looked at the earth, she would fill the whole space between them the earth and the heaven with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it."Sahih al-Bukhari, []
  • Narrated Thabit ibn Qays : "A woman called Umm Khallad came to the Prophet while she was veiled. She was searching for her son who had been killed in the battle. Some of the Companions of the Prophet said to her: You have come here asking for your son while veiling your face? She said: If I am afflicted with the loss of my son, I shall not suffer the loss of my modesty. The Apostle of Allah said: You will get the reward of two martyrs for your son. She asked: Why is that so, O Prophet of Allah? He replied: Because the people of the Book have killed him."Sahih al-Bukhari, []
  • All of a woman is awrah. Whenever she leaves her home Satan reaches by her.[citation needed]

Criticism

Sheikh Muhammad Sayyid Tantawy, previous dean of Cairo's Al-Azhar University, called full-face veiling a custom that has nothing to do with the Islamic faith. "The niqab is a cultural tradition and has nothing to do with Islam."[33] The decision came from an incident in which he forced a school girl to remove her niqab during a visit to an Al-Azhar school, when Tantawy reportedly said that he would call for an official ban for the face veil in Islamic schools. Tantawy's decision stems from his views that more younger Muslims have lost touch with traditional Islamic scholarship and have come under the influence of extremist imams who have little or no formal training in Islamic scholarship, despite some of the most influential Islamic scholars holding the position that the niqab is from Islam.[who?] Islamic Sharia law, according to certain public pundits (e.g., Mudar Zahran) and Islamic scholars, in fact bans women from wearing the niqab in Mecca during worshiping rituals.[citation needed]

In Europe, the niqab is controversial, and it has been banned in public in France and Belgium.[34] Similar to its pre-Islamic use, the use of the niqab has also been described in facilitating prostitution.[35]

Styles

A woman wearing a niqab in Monterey, California
A woman wearing a niqab in Yemen

There are many styles of niqab and other facial veils worn by Muslim women around the world. The two most common forms are the half niqab and the gulf-style or full niqab.

The half niqab is a simple length of fabric with elastic or ties and is worn around the face. This garment typically leaves the eyes and part of the forehead visible.

The gulf-style or full niqab completely covers the face. It consists of an upper band that is tied around the forehead, together with a long wide piece of fabric which covers the face, leaving an opening for the eyes. Many full niqab have two or more sheer layers attached to the upper band, which can be worn flipped down to cover the eyes or left over the top of the head. While a person looking at a woman wearing a niqab with an eyeveil would not be able to see her eyes, the woman wearing the niqab would be able to see out through the thin fabric.

Other less common and more cultural or national forms of niqab include the Afghan style burqa, a long pleated gown that extends from the head to the feet with a small crocheted grille over the face.[1] The Pak Chador is a relatively new style from Pakistan, which consists of a large triangular scarf with two additional pieces.[1] A thin band on one edge is tied behind the head so as to keep the chador on, and then another larger rectangular piece is attached to one end of the triangle and is worn over the face, and the simple hijāb wrapped, pinned or tied in a certain way so as to cover the wearer's face.

Other common styles of clothing popularly worn with a niqab in Western countries include the khimar, a semi-circular flare of fabric with an opening for the face and a small triangular underscarf. A khimar is usually bust-level or longer, and can also be worn without the niqab. It is considered a fairly easy form of headscarf to wear, as there are no pins or fasteners; it is simply pulled over the head. Gloves are also sometimes worn with the niqab, because many munaqabāt believe no part of the skin should be visible other than the area immediately around the eyes or because they do not want to be put in a position where they would touch the hand of an unrelated man (for instance, when accepting change from a cashier).

Most munaqabāt also wear an overgarment (jilbab, abaya etc.) over their clothing, though some munaqabat in Western countries wear a long, loose tunic and skirt instead of a one-piece overgarment.

In different countries

An Iranian Arab wearing a niqab in Bandar Abbas, southern Iran
Woman in Saudi Arabia wearing a niqab
Woman in Yemen wearing a niqab

Egypt

The niqab in Egypt has a complex and long history. On 8 October 2009, Egypt's top Islamic school and the world's leading school of Sunni Islam, Al-Azhar, banned the wearing of the niqab in classrooms and dormitories of all its affiliate schools and educational institutes.[36]

Iran

The niqab was traditionally worn in Southern Iran from the arrival of Islam until the end of the Qajar era. There were many regional variations of niqab, which were also called ruband or pushiye. Traditionally, Iranian women wore chadors long before Islam arrived.[citation needed]

The 20th century ruler, Reza Shah, banned all variations of face veil in 1936, as incompatible with his modernistic ambitions. Reza Shah ordered the police to arrest women who wore the niqab and to remove their face veils by force. This policy outraged the clerics who believed it was obligatory for women to cover their faces. Many women gathered at the Goharshad Mosque in Mashhad with their faces covered to show their objection to the niqab ban.[37]

Between 1941 and 1979 wearing the niqab was no longer against the law, but it was considered by the government to be a "badge of backwardness." During these years, wearing the niqab and chador became much less common and instead most religious women wore headscarves only. Fashionable hotels and restaurants refused to admit women wearing niqabs. High schools and universities actively discouraged or even banned the niqab, though the headscarf was tolerated.[38]

After the new government of 'Islamic Republic' was established, the niqab ban was not enforced by officials.

In modern Iran, the wearing of niqab is not common and is only worn by certain ethnic minorities and a minority of Arab Muslims in the southern Iranian coastal cities, such as Bandar Abbas, Minab and Bushehr. Some women in the Arab-populated province of Khuzestan still wear niqab.

Saudi Arabia

Saudi women are not required by a secular law to wear the niqab. However, the niqab is an important part of Saudi culture and in most Saudi cities (including Riyadh, Mecca, Medina, Abha, etc.) the vast majority of women cover their faces. Saudi women are expected to wear a face-veil in public and they may be harassed by the religious police if they do not cover their faces. Dammam and Jeddah, as the most liberal cities of Saudi Arabia, are exceptions.

The Saudi niqab usually leaves a long open slot for the eyes; the slot is held together by a string or narrow strip of cloth.[39] Many also have two or more sheer layers attached to the upper band, which can be worn flipped down to cover the eyes. Although a person looking at a woman wearing a niqab with an eyeveil would not be able to see her eyes, she would still be able to see out through the thin fabric. In 2008, the religious authority in Mecca, Mohammad Habadan called on women to wear veils that reveal only one eye, so that women would not be encouraged to use eye make-up.[40]

According to Saudi Arabia's Shariah law, women's clothing should meet the following conditions:

  • Women must cover their entire body, but they are allowed to expose one or both eyes in necessity.
  • Women should wear abaya and a headscarf thick enough to conceal what is underneath, and the abaya should be loose-fitting.
  • Women should not wear brightly coloured clothes or clothes that are adorned so that they may attract men's attention.[41]

Syria

1,200 niqab-wearing teachers were transferred to administrative duties in the summer of 2010 in Syria because the face veil was undermining the secular policies followed by the state as far as education is concerned.[42] In the near future, other ministers are expected to do the same as Ali Saad, the Syrian Minister of Education.[42] Also, in the summer of 2010, students wearing the Niqab were prohibited from registering for university classes. The ban was associated with a move by the Syrian government to re-affirm Syria's traditional secular atmosphere.[43]

On 6 April 2011 it was reported that teachers would be allowed to once again wear the niqab.[44]

Yemen

Since antiquity, the Arab tradition of wearing the niqab has been practiced by women living in Yemen.[45] Traditionally, girls begin wearing veils in their teenage years.[46][47] Acceptance of the niqab is not universal in Yemen. Senior member of the Al-Islah political party, Tawakel Karman, removed her niqab at a human rights conference in 2004 and since then has called for "other women and female activists to take theirs off".[48] Also it depends on lifestyles and was not commonly worn among nomadic and pastoralist tribes as it was incompatible with animal shepherding.

Enforcement, encouragement and bans

Enforcement

Covering the face was enforced by the Taliban regime with the traditional Afghan face veil called the burka.[49] While some women appeared to embrace the coercive rules, others protested.

Non-governmental enforcement of niqab is believed to be found in many parts of the Muslim world. In Saudi Arabia, many people believe it to be enforced though it is not true. The majority of Saudi Muslim women tend to wear the niqab, however, in cities such as Mecca and Medina a large number of women do not wear it since these areas receive people who have come from different parts of the world with different opinions about face covering. In other cities such as Dammam and Abha, women are not required to wear it as well and many non-Saudi women are seen not wearing it. In southern cities also, most women observe niqab. The Saudi niqab usually leaves a long open slot for the eyes; the slot is held together by a string or narrow strip of cloth. In 2008, the religious authority in Mecca, Mohammad Habadan called on women to wear veils that reveals only one eye, so that women would not be encouraged to use eye makeup.[40]

Politics

The niqab is outlawed in Azerbaijan, where the overwhelming majority of the population is Muslim. Niqabi women, just like women wearing hijab, cannot work as public servants, neither can they continue studies at schools, including the private schools. Although there is no single law banning niqab at private companies, it would be nearly impossible for a niqabi woman to find work[citation needed] .

In February 2010, an Arab country's unnamed ambassador to Dubai had his marriage annulled after discovering that his bride was cross-eyed and had facial hair. The woman had worn a niqab on the occasions that the couple had met prior to the wedding. The ambassador informed the Sharia court that he had been deliberately deceived by the bride's mother, who had shown him photographs of the bride's sister. He only discovered this when he lifted the niqab to kiss his bride. The court annulled the marriage, but refused a claim for compensation.[50][51][52]

Sultaana Freeman gained national attention in 2003 when she sued the US state of Florida for the right to wear a niqab for her driver's license photo.[53] However, a Florida appellate court ruled that there was no violation in the state requiring her to show her face to a camera in a private room with only a female employee to take the picture, in exchange for the privilege of driving.[citation needed]

One female, non-Muslim student at Eastern Michigan University spent a semester in 2005 wearing a niqab for a class project (she referred to the face veil as a 'burqa'). Her stated experiences, such as her own feeling as if no one wanted to be near her, led her to assert that conservative Muslim dress is disapproved of in the United States.[54] No reference in the student's project was made to the disapproval or banning of niqab in various Muslim-majority countries.

Some Muslim Palestinian women, particularly students, have worn white niqabs during Arab protest activities relating to the Arab–Israeli conflict.[55][56] These women have reportedly worn green banners with Arabic messages in them.

In 2006, Female candidates from the Hamas party campaigned during the Palestinian Authority parliamentary elections, wearing niqabs. Since Hamas seized control of Gaza from Fatah during the Battle of Gaza (2007), Muslim women in Gaza have been wearing, or were mandated to wear, niqabs in increasingly large numbers[57][58]

Africa

Cameroon

In July 2015, Cameroon banned the face veil including the burqa after two women dressed in the religious garments completed a suicide attack killing 13.[59][60]

Chad

In June 2015, the full face veil has been banned in Chad after veiled Boko Haram bombers disguised as woman completed multiple suicide attacks.[60][61][62]

Republic of the Congo

In May 2015, the Republic of the Congo banned the face veil in order to counter extremism.[63][64] The decision was announced by El Hadji Djibril Bopaka, the president of the country’s Islamic High Council.[65]

Asia

Australia

In May 2010, an armed robbery committed by a man wearing a face veil and sunglasses raised calls to ban the Islamic veil; a request for new legislation was dismissed by both Prime Minister Kevin Rudd and Liberal leader Tony Abbott.[66]

Europe

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Woman in Bosnia and Herzegovina wearing a niqab, c. 1906

Although the burqa is a more emphatic symbol, the niqab has also been prominent in political controversies on Islamic dress in Europe.

In socialist Yugoslavia wearing the niqab or forcing women to wear it were forbidden in order to prevent the subjugation of women to men.

In 2007, the government of the Netherlands planned a legal ban on face-covering Islamic clothing, popularly described as the 'burqa ban', which included the niqab.[67] In 2015, a partial ban of the niqab and burqa were approved by the Dutch government.[68] The parliament still had to approve the measure.[68]

On 29 April 2010, the Belgian Chamber of Representatives adopted a law prohibiting people to wear "attire and clothing masking the face in such a way that it impairs them to be recognizable". The penalty for violating this directive can run from up to 14 days imprisonment and a 250 euro fine. Even though there is no direct mention of the burqa or niqab, this decision practically does prohibit its use in public spaces. This new law has spurred a lot of anger amongst members of the traditional Islamist community.[citation needed] In August 2014, Belgium parliament member Jean-Marie Pire tore the niqab off a Qatari princess who had asked him for directions in Brussels.[69]

In the United Kingdom, comments by Jack Straw, MP started a national debate over the wearing of the "veil" (niqab), in October 2006. This was further inflamed by extensive media coverage of the case of Aishah Azmi, a teaching assistant in Dewsbury, West Yorkshire, who lost her appeal against suspension from her job for wearing the niqab while teaching English to young children whose first language is different. It was decided that being unable to see her face prevented the children from learning effectively. Azmi argued that it was helping the children understand different people's beliefs.[70] In 2010, a man committed a bank robbery wearing a niqab as a disguise.[71]

On 13 July 2010 France's lower house of parliament overwhelmingly approved a ban on wearing burqa-style Islamic veils. The legislation forbids face-covering Muslim veils in all public places in France and calls for fines or citizenship classes, or both. The bill also is aimed at husbands and fathers — anyone convicted of forcing someone else to wear the garb risks a year of prison and a fine, with both penalties doubled if the victim is a minor. In Italy, a law issued in 1975 strictly forbids wearing any dress or supply that could hide the face of a person. Penalties (fines and imprisonment) are provided for such behaviour.

In 2012 in Norway, a professor at the University of Tromsø denied a student's use of niqab in the classroom.[72] The professor claimed that Norway's parliament has granted each teacher the right to deny the use of niqab in his/her classroom.[72] Clothing that covers the face, a.o niqab, are prohibited in some e.g. schools and municipalities.[73][74][75]

North America

United States

In 2002, Sultaana Freeman, (formerly Sandra Keller, who converted to Islam in 1997 when marrying a Muslim man) sued the U.S. state of Florida for the right to wear a niqab for her driver's license photo.[53] However, a Florida appellate court ruled that there was no violation in the state requiring her to show her face to a camera in a private room with only a female employee to take the picture, in exchange for the privilege of driving. The prevailing view in Florida is currently that hiding one's face on a form of photo identification defeats the purpose of having the picture taken,[53] although 15 other states (including Arkansas, California, Idaho, Indiana, Iowa, Kansas, and Louisiana) have provisions that allow for driver's licenses absent of an identifying photograph in order to accommodate individuals who may have a religious reason to not have a photograph taken.[76] In 2012, a string of armed robberies in Philadelphia were committed by people disguised in traditional Islamic woman’s garb; Muslim leaders were concerned that the use of the disguises could put Muslim women in danger of hate crimes and enflame ethnic tensions.[77]

Canada

On November 16, 2015 the first act of Canada's newly-appointed Minister of Justice and Attorney General Jody Wilson-Raybould was to assure women who chose to wear the niqāb during the Oath of Allegiance of their right to do so.[78] In December 2011 then-Citizenship and Immigration Minister Jason Kenney announced a policy directive from the Federal Government under then-Prime Minister Stephen Harper that Muslim women must remove niqābs throughout the citizenship ceremony where they declare their Oath of Allegiance.[79] Zunera Ishaq, a Sunni Muslim woman living in Mississauga, Toronto, Canada challenged and won the niqāb ban in Canada v Ishaq on October 5, 2015. The Federal Court of Appeal decision in her favour was seen by some as "an opportunity to revisit the rules governing the somewhat difficult relationship between law and policy."[80] In October 2015 Harper had appealed the Supreme Court of Canada to take up the case. With the election of Prime Minister Justin Trudeau on October 19, 2015, the niqāb debate was settled as the Liberal government chose to not "politicize the issue any further." [81] Minister Wilson-Raybould, who is the first Indigenous person to be named as Justice Minister, explained as she withdrew Harper's appeal to the Supreme Court, "In all of our policy as a government we will ensure that we respect the values that make us Canadians, those of diversity, inclusion and respect for those fundamental values."[78] The Justice Minister spoke with Zunera by telephone to tell her the good news prior to making her official announcement.[78]

Elections Canada, the agency responsible for elections and referenda, stated that Muslim women can cover their faces while voting. The decision was criticized by the Conservative Party of Canada, Bloc Québécois, and Liberal Party of Canada. The New Democrats were not opposed to the decision.[82] The Conservative federal Cabinet had introduced legislation to parliament that would bar citizens from voting if they arrived at polling stations with a veiled face.

The niqāb became an issue in the 2007 election in Quebec after it became public knowledge that women wearing the niqāb were allowed to vote under the same rules as electors who did not present photo identification (ID); namely, by sworn oath in the presence of a third party who could vouch for their identity. The chief electoral officer received complaints that this policy was too accommodating of cultural minorities (a major theme in the election) and thereafter required accompaniment by bodyguards due to threatening telephone calls. All three major Quebec political parties were against the policy, with the Parti Québécois and Action démocratique du Québec vying for position as most opposed. The policy was soon changed to require all voters to show their face, even if they did not carry photo ID. However, Quebec residents who wear the niqāb stated they were not opposed to showing their faces for official purposes, such as voting.[83] Salam Elmenyawi of the Muslim Council of Montreal estimated that only 10 to 15 Muslim voters in the province wear the niqāb and, since their veils have become controversial, most would probably not vote.[84]

In October 2009, the Muslim Canadian Congress called for a ban on burqa and niqāb, saying that they have "no basis in Islam".[85] Spokesperson Farzana Hassan cited public safety issues, such as identity concealment, as well as gender equality, stating that wearing the burqa and niqāb is "a practice that marginalizes women."[85]

In December 2012, the Supreme Court of Canada ruled that Muslim women who wear the niqāb must remove it in some cases when testifying in court.[86]

As of 2015, Quebec Liberal Party Premier Philippe Couillard intends to ban niqāb in the provincial public service. Former Liberal Quebec premier Jean Charest made a similar move (which died on the order paper) to "ban the burqa" when giving and receiving public services.[87]

See also

References

  1. 1.0 1.1 1.2 How to Hijab: Face Veils Modern Muslima and Saraji Umm Zaid Retrieved 16 April 2007. Archived 2 March 2007 at the Wayback Machine
  2. See for instance F. R. C. Bagley, "Introduction", in B. Spuler, A History of the Muslim World. The Age of the Caliphs, 1995, X; for a different view T. Dawson, "Propriety, practicality and pleasure : the parameters of women's dress in Byzantium, A.D. 1000-1200", in L. Garland (ed.), Byzantine women: varieties of experience 800-1200, 2006, 41-76.
  3. Geography 11.13.9-10.
  4. The Veiling of Virgins Ch. 17. Tertullian writes, "The pagan women of Arabia, who not only cover their head but their whole face, so that they would rather enjoy half the light with one eye free than prostitute the face, will judge you. (Judicabunt vos Arabiae feminae ethnicae quae non caput, sed faciem totam tegunt, ut uno oculo liberato contentae sint dimidiam frui lucem quam totam faciem prostituere)."
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  16. Yusuf al-Qaradawi, Is Wearing the Niqāb Obligatory for Women?, SuhaibWebb.com
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  20. Is it ok to take off the kimar and niqab in front of a blind man? retrieved 25 June 2012
  21. Women revealing their adornment to men who lack physical desire retrieved 25 June 2012
  22. Queer Spiritual Spaces: Sexuality and Sacred Places, p. 89, Kath Browne, Sally Munt, Andrew K. T. Yip - 2010
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  24. Quran, Surah Azhab verse 30-31
  25. The Case for Niqab BBC - Religion and Ethics. 16 October 2003. Retrieved 14 April 2007.
  26. 26.0 26.1 Why Women Should Wear the Veil Jamiatul Ulama (KwaZulu-Natal) - Council of Muslim Theologians. 2 August 2001. Retrieved 14 April 2007.
  27. http://www.renaissance.com.pk/Feb242y5.htm
  28. Ruling on covering the face, with detailed evidence
  29. Tafsīr At-Tabari|2|123
  30. Ibn Khuzaymah |4|203
  31. Imām Maalik Muwatta' |3|217
  32. At-Talkhees Al-Habeer of Ibn Hajr Al-'Asqalaani |2|272
  33. Azhar Imam Orders Niqab off, Wants Ban
  34. http://www.catholic.org/international/international_story.php?id=42099
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  37. Asnad e Kashf e Hijab 24:2
  38. El-Guindi, Fadwa, Veil: Modesty, Privacy, and Resistance, Berg, 1999
  39. Moqtasami (1979), pp. 41-44
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  42. 42.0 42.1 Lua error in package.lua at line 80: module 'strict' not found.
  43. "Syria's Solidarity With Islamists Ends at Home", Kareem Fahim, The New York Times 3 September 2010. Retrieved 4 September 2010.
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  49. M. J. Gohari (2000). The Taliban: Ascent to Power. Oxford: Oxford University Press, pp. 108-110.
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  53. 53.0 53.1 53.2 http://www.cnn.com/2003/LAW/06/06/florida.license.veil/[dead link] Judge: Woman can't cover face on driver's license 10 June 2003. CNN.com Retrieved 13 April 2007.
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  59. BBC: "Cameroon bans Islamic face veil after suicide bombings" 16 July 2015
  60. 60.0 60.1 Washington Post: "Another African country bans Islamic veil for women over terror attacks" by By Fredrick Nzwili June 18, 2015
  61. Al Jazeera: "Chad police: Anyone wearing face veils will be arrested - Authorities vow to implement ban on veil a day after Boko Haram bomber disguised as woman attacked market in capital" July 12, 2015
  62. News24: "Chad arrests 62 women for wearing veils after bombings" October 16, 2015
  63. BBC: "Congo-Brazzaville bans Islamic face veil in public places" 1 May 2015
  64. Al Jazeera: "Congo-Brazzaville bans women from wearing full veil - Security reasons cited as the reason behind the ban, according to an Islamic association" 03 May 2015
  65. The Independent: "Republic of Congo bans full-face veils in attempt to prevent religious extremist attacks - Announcement was made today by the president of the country’s Islamic High Council" by Rose Troup Buchanan 2 May 2015
  66. BBC: "Australia burka armed robbery sparks ban debate" 7 May 2010
  67. Dutch Muslims condemn burqa ban BBC News. Retrieved 13 April 2007.
  68. 68.0 68.1 http://www.reuters.com/article/2015/05/22/us-netherlands-veil-ban-idUSKBN0O71WA20150522
  69. The Daily Mail: 'Drunk' Belgium diplomat specialising in protocol is arrested for tearing full-face veil off a Qatari princess" By Peter Allen 19 August 2014
  70. 'No discrimination' in veil row BBC News. 19 October 2006
  71. BBC: "Robber wearing niqab targets Birmingham Lloyds TSB bank - A man wearing a niqab face veil has robbed a security guard outside a bank in Birmingham" 6 May 2010
  72. 72.0 72.1 http://www.vg.no/nyheter/innenriks/artikkel.php?artid=10069513
  73. https://www.regjeringen.no/no/aktuelt/ikke-behov-for-nye-forbud-/id594193/
  74. http://www.rbnett.no/nyheter/article10333564.ece
  75. http://www.nrk.no/ostlandssendingen/flertall-for-nikab-forbud-1.10996420
  76. The Case of Mrs. Sultaana Freeman
  77. Los Angeles Times: "Robbers, disguised as Muslim women, hit banks in Philadelphia" By Michael Muskal April 25, 2012
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  82. LeBlanc, Daniel. Elections Canada blasted for allowing Muslim women to vote with faces covered. The Globe and Mail.
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  87. http://news.nationalpost.com/2015/03/12/chris-selley-tories-might-have-a-crass-political-agenda-but-its-not-an-anti-muslim-one

Further reading

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External links