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The French Ban of Burqa and the Age of Reason

Posted: 02/03/10 12:39 PM ET

On Jan. 26, a French Parliamentary report recommended a ban on burqas (the full body covering for Islamic women) in certain public buildings. The move came as no surprise for those familiar with the religious and political climate inside France. Following the event, even a French Imam expressed support for the ban. And, as expected, such restrictions on clothing and other forms of religious display led some to immediately criticize the action as an unacceptable limitation on the French Muslims' freedom of expression. But one does not have to support such a ban to observe that the negative reaction is based on three false assumptions.

The first assumption is that if there is a limitation on full-body burqas, it must have something to do with intolerance toward Muslims. But there can be other legitimate reasons for such a ban. It is important to note that the recommendation for the ban was specifically for public buildings. In such places, burqas can be a major security hazard. The full-body garment can allow men to pose as women without the ability of officials to identify the individuals entering the facilities. It also allows individuals to carry guns, weapons and ammunition into a building. Some may think that there is a double standard, as this reality applies to other forms of clothing and handbags as well. But the difference is that, unlike the people who use the latter, women who wear burqas often insist on not being searched. In such circumstances, officials are often left with few choices.

The second assumption is that the freedom of expression is absolute. But no right is absolute if its exercise will deprive others of any of their rights. When Muslim women insist on wearing burqas and not being searched, it infringes upon other citizens' right to security. When rights conflict, lawmakers must intervene to strike a balance.

It is also important to note that it is the recognition of this fact that has led us in the United States to have both the First Amendment and laws against what can be considered hate crimes. In the context of head-to-toe burqas, it is important to see it not just as an innocent expression of religion, but as the extreme of an ideology that promotes the mistreatment and reduction of all women. When we brand certain expressions as hate speech because of their incompatibility with the rights we recognize for our citizens, shouldn't France also be allowed to put restrictions on an iconic symbol of women's oppression, objectification and enslavement at a time when Western Europe is leading the way toward a level of equality among men and women that has never existed in the history of humanity?

The third and most deeply and widely believed assumption is that the right to religion is absolute. This is part of a larger belief that respecting others' traditional and religious beliefs -- regardless of their contents -- is the right thing to do. One can present the most backward ideology as "religion," and we are indoctrinated to automatically respect it at face value in the name of political correctness. Employers are told not to discriminate on the basis of religion, even if the religion itself discriminates against whole categories of people (such as women, gays and those belonging to other religions). Here in the U.S., we have created a whole tax-exempt industry that discriminates against anyone without any consequences.

It is this kind of blind deference in the name of political correctness that allows antiquated traditions and practices that are not compatible with the progressive needs and realities of the modern society to survive for as long as they have. We cannot go on forever pretending that we can reconcile the archaic teachings of millennia-old tales that countries and groups continue to use to initiate conflict and justify horrific human rights violations with the needs and standards of a modern progressive society.

This by no means applies to Islam alone. When it comes to organized religion, none has a monopoly on antiquity. Christianity and Judaism contain their own set of backward beliefs, such as their wide and implicit acceptance of slavery or selling of daughters by heir fathers. It is also not to say that there have not been extreme legislative reactions against Islam in Europe. Switzerland's recent law against minarets comes to mind. Nonetheless, it is time for atheists and agnostics to stop apologizing for allowing reason, and reason alone, to be their moral compass.

But when people talk about the French ban on burqas as a sign of France's failure to integrate Muslims into its society, they assume that such an integration is possible without the Muslims' willingness to compromise and show the same tolerance and acceptance toward the values of modern France that they expect from the French.

In thinking about Muslim integration in Europe, we must understand that one of the main reasons why Europe is so much more socially progressive than anywhere in the Middle East is neither accidental, nor due to some genetic superiority on the part of Europeans. But it is rather precisely because, unlike many parts of the Middle East, Europe has not been so heavily under the influence of a religion that is so fundamentally opposed to such progress and equalities.

In that context, one cannot have a justifiable claim to a certain right, and then use that right to promote the kind of ideology that has been the main obstacle to the achievement of that right in his or her own home country. One cannot use a right in a way that could lead -- and has led -- to the erosion of that right.

Regardless of how one feels about the ban, the real question to ask ourselves is not why France is willing to create this limited regulation on a very specific religious garment that often interferes with the state's execution and implementation of basic duties and responsibilities. The question is: Why is it that we as a society can constantly strive for progress and equality and place limitations on the right of people to promote ideologies that impede that progress, but simultaneously turn a blind eye and force ourselves and each other to accept certain antiquated practices and traditions just because they have been categorized as religion?

 

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On Jan. 26, a French Parliamentary report recommended a ban on burqas (the full body covering for Islamic women) in certain public buildings. The move came as no surprise for those familiar with the r...
On Jan. 26, a French Parliamentary report recommended a ban on burqas (the full body covering for Islamic women) in certain public buildings. The move came as no surprise for those familiar with the r...
 
 
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HUFFPOST SUPER USER
edejan
01:20 PM on 02/11/2010
I completely agree with most of your article and I completely support France's position on this matter. However, can we make such relevant points without criticizing Christian religions. I'm getting tired of constantly using the criticism of the religion of many people in the given countries as an example. We don't criticize the Muslin religion; let's not criticize Christianity just to prove how "tolerant" we are. Tolerance goes both ways.
01:19 AM on 02/05/2010
Beyond Belief: Islamic Excursions Among the Converted Peoples
by V.S. Naipaul
N.Y.:Random House, 1998
Quote:
"Islam is in its origins an Arab religion. Everyone not an Arab who is a Muslim is a convert. Islam is not simply a matter of conscience or private belief. It makes imperial demands.
A convert's worldview alters. His holy places are in Arab lands; his sacred language is Arabic.
His idea of history alters. He rejects his own; he becomes, whether he likes it or not, a part of the Arab story...
The disturbance for societies is immense, and even after a thousand years can remain unresolved... People develop fantasies about who and what they are; and in the Islam of the converted countries there is an element of neurosis and nihilism. These countries can be easily set on the boil."

Sir V.S Naipaul, West Indian writer, Nobel Prize winner
01:18 AM on 02/05/2010
It is ironic.
Millions of Muslim refugees that came to Europe to escape the poverty,illiteracy and lack of development which characterizes many of their former countries subjugated by religious opression.
Yet some wish to implement in Europe the very same oppressive religious traditions they escalated from.
Truly one cannot escape from one's shadow, as Jung followers say.
10:36 PM on 02/04/2010
There is one thing in this article that is not right.
"Women who wear burqas often insist on not being searched"
Wrong. They have no qualms against being searched by a female, they insist on not being searched by a male.
01:08 AM on 02/05/2010
Glad you agree with the rest o the article.

Burqa and Inqab offends our sensibilities. It is about time ultra- fundamentalist show some cultural sensitivity towards our culture.
08:33 PM on 02/04/2010
The main thrust of opponents of the ban is that a state cannot and should not ban an article of clothing.
Yet regulation of clothing has ALWAYS been regulated by EVERY society in during recorded history. Certainly, the descendants of proud "sans-culottes" French tradition are well familial with this notion.
The fact is that the sight of niqab and similar face covering outfits offends us.
There is much that European tolerate and indeed respect about cvarious indigenous cultures, both ethnic and religious. NOT niqab!
To put it bluntly, we find the sight of women so dressed visually, culturally and intellectually offensive.
And this infringes upon some Salafist fundamentalist and their multicultural supporters, so be it,
10:38 PM on 02/04/2010
Forcing someone to change because you do not like the way they look/behave/act. Weak argument.
01:01 AM on 02/05/2010
Weak argument for an Islamic fundamentalist intent on trampling upon European culture, certainly. But rather strong argument for Europeans.
P.S. I am sure blutigeroo you agree that women should be allowed to wear short skirts in the Muslim countries, surely....
01:17 PM on 02/04/2010
I agree with the article. They're only banning the full-body covering after all. To my knowledge Islam doesn't require that, it's just a trend that started in the extremely conservative gulf state nations and has spread to other Islamic areas. The women can still wear the veils and modest attire if they want, they just have to show their face. That's still being respectful towards privacy/religion, it's a pretty reasonable request. People generally can't wear masks in government buildings, and these garments which can cover all but the eyes essentially serve as such even if they aren't intended to be, so the same sort of rule should apply...
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Ira7
12:00 PM on 02/04/2010
he third and most deeply and widely believed assumption is that the right to religion is absolute. This is part of a larger belief that respecting others' traditional and religious beliefs -- regardless of their contents -- is the right thing to do. One can present the most backward ideology as "religion," and we are indoctrinated to automatically respect it at face value in the name of political correctness. Employers are told not to discriminate on the basis of religion, even if the religion itself discriminates against whole categories of people (such as women, gays and those belonging to other religions). Here in the U.S., we have created a whole tax-exempt industry that discriminates against anyone without any consequences.

--------------------------------------------------------------------

Brilliantly stated.

(Who IS this guy!?)
JNarragansett
Check your premises
11:48 AM on 02/04/2010
"When Muslim women insist on wearing burqas and not being searched, it infringes upon other citizens' right to security." No, when a Muslim woman pulls a weapon out of her burqa and attempts to do harm with it, then she is infringing upon other citizens' right to security. If we follow your logic, then anyone with a bulky coat and a working knowledge of the fourth amendment are violating my right to security. How about instead they do what we do at the courthouses here in NY. "By entering the building you are consenting to being searched, and there is a chance you could be subject to random search. If you are selected for random search and refuse, then you may not enter the building." That way you don't single out a religion and you take care of all garments that could hide a weapon. This assumes however that security is the actual concern.
12:16 PM on 02/04/2010
This was never about security.
overcat
My micro-bio is so full, it's bursting at the seam
01:45 PM on 02/04/2010
I think that the waters on this issue have been muddied by terms unclarified and misconceptions about what is religious and what is simply cultural. France is a diverse place, there are people from all over the world there, and they wear garments of all sorts, many of which are loose-fitting and cover virtually the entire body. The issue with the burqua or niquab is that it obscures the face, and therefor the identity, of the wearer. The issue is the face-covering aspect of the garment, period. No one is proposing a ban on full body (that's "body", not face) covering clothing. No one is saying a person can't wear a hair covering or a hat. No one is saying that a person can't wear what amounts to a flowing full-body robe-like garment. Nothing in Islam requires that a woman keep her face covered. Nothing. That is strictly specific to a few cultures in the Islamic world, but there is nothing religious about it, regardless of assertions to the contrary. So this is not an issue of religious discrimination. Your point about security searches is totally valid - refuse the search and you're denied entry, period. No exceptions for false religious claims. France is a secular state that doesn't recognize assertions of religious exceptionalism, and the face covering issue isn't religious anyway, regardless of contrary assertions.
JNarragansett
Check your premises
02:56 PM on 02/04/2010
I recognize that there are potential problems that come from covering the face, but all of the politics that surround this issue belie the argument that this is about security. The measures specifically target one group and Sarkozy makes comments about how the burqa (rather than covering ones face) is not welcome in France. There is a conflict between Islam and the West playing out in Europe right now and this is just a small part of it. If someone covering their face in a public building is a security problem that needs to be addressed, then focus the rule on that, not the 2,000 women who wear the burqa.

You're right about the notion that the burqa is not required by Islam as the practice predates Islam and that cultural garment has been worn by other groups such as Coptic Christians. However, I don't really see this as an argument in favor of banning a garment. Short sleeved t-shirts are not a requirement of any religion, but I think we would all consider it an absurd overreach if the government tried to ban those. The freedom to express ones self should extend beyond religious beliefs. That is what this is too, a form of expression that runs contrary to the French national identity. The problem is that using force (government bans) to subvert unpopular forms of expression run contrary to the French national identity as an enlightened country with an interest in protecting liberty.
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Freenation
08:32 AM on 02/04/2010
Agree with your view totally.

In order to make this work properly the legislation (if there is one) should have a provision to allow women who 'want' to wear veil by their own will should be allowed to do so otherwise this will be infringement of their rights. Ofcourse there is a potential of abuse what I am suggesting from some of the men who want to force their women but blanket ban is not the correct approach.

France in order to show that their decision is not driven by Islamophobia which is very prevalent in Europe these days should make this clear...
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photo
02:08 AM on 02/04/2010
The reality is the overwhelming context of the relations between the Muslim world and the West is missing in this article. Trumpetting the superiority of the West and its glorious Reason fails to mention that France can afford to sustain its standards because it continues to enjoy primacy over the francophone former colonial nations upon which the French empire was constructed. The exploits and economic dominance of the French empire has 'modernized', legitimized, and has since become an important aspect of the framework of the globalization of the world economy. The postcold war globalization process: liberalization, privatization, deregulation, globalization, has served former imperial powers such as France since the former colonies continue to be ruled by repressive, authoritarian regimes which have been dependent on French and Western power. These regimes have since made the economic liberalizing reforms. But the GDPs of all the north African nations are less than the GDP of France alone. In fact all the francophone nations and all of North Africa are less than the GDP of France. And all the North African nations trade primarily with Western nations and dont trade in any measurable way with each other.
So the stagnation, oppression, and corruption of the Muslim world is partially due to the Western powers who perpetuate the Muslim nations' inertia because it benefits them. And America has shown that it is willing to exert all of its military might to keep the nation states as they are, as concoctions.
overcat
My micro-bio is so full, it's bursting at the seam
02:51 PM on 02/04/2010
So your point is that the backward-looking, anti-innovation, anti-human rights, stagnant, medieval social values prevalent in much of the Muslim world are the fault of the West? The answer, for you perhaps, is to supplant the secular, socially liberal values of European nations with the social norms of bedouins? Evidence that the people of much of the Muslim world are fully capable of keeping themselves down abounds. That the West isn't helping matters much in that regard is a peripheral issue on the whole. Own your own faults, blaming others will only prevent you from moving forward.
08:23 PM on 02/04/2010
Bravo overcat!!! A rather accurate description
photo
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Abdulhadi Hairan
01:46 AM on 02/04/2010
I completely agree with this article. I don't know why wearing burqa is so much important in France?
12:25 PM on 02/04/2010
It's not extremely (statistically) important, just as minarets are not extremely (statistically) important in Switzerland. That doesn't mean you can just take away someone's right to it, however. That's what IS important. And I find it hilariously (not really) ironic that someone from IRAN is writing this weak apologia for forced unveiling. Now that's rich!
overcat
My micro-bio is so full, it's bursting at the seam
01:59 PM on 02/04/2010
Try walking into a train station, Metro station, courthouse or government office in France wearing a skimask. You won't get far. Your point is that for someone wearing what is an equally identity obscuring garment to be prevented from doing so is wrong? Why? Because they make a false religious assertion for doing so? And why should an officially secular state like France bow to assertions of religious exceptionalism for a practice that has no valid religious basis in the first place?
And there is no "forced" unveiling proposed. What has been proposed and will probably be made law is that face covering veils will not be allowed into the public facilities specified. Face covering veils are not going to be outlawed and no one is going to be "forced" to not wear one. Even Muslim women have to make choices and at times compromises just like other people do.
01:15 AM on 02/04/2010
Very well said, this is a practise that contradicts the very core of values in France and in Western Europe and there are practical reasons also. Muslims really need to start learning what it means to respect the culture of your country of residence and compromise. I admit that I have a less than favourable image of Islamic societies that seem to be stuck somewhere in time many centuries ago and strictly (mis)interpreted religion controlling everything. But having lived in a free modern democracy with modern rights such as equality of genders all my life, I really don´t want any of these backwards habits and beliefs around, they simply have no place in Western Europe. My problem is with the ideology, not with the people and as long as able to live among the society rather than shielded from it, everyone is welcome.
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Richard Pearce
Atheistic-agnostic Canadian polymath
06:56 PM on 02/03/2010
well, at least you didn't rely on the canard that this was being done to liberate women from oppression by forcing them to change how they dress.

But the security argument falls flat in a couple of places. As you correctly pointed out, it is easier to hide weapons or explosives under a suit and in a briefcase as it is under a veil. And if a man is willing to disguise himself as a woman, makeup, and a small bit of padding makes just as good a disguise as a veil.

Then there's the issue of how much need there is for security to pay extra attention to Muslims. Although it would have helped the British many years ago (when people disguised as Muslims carried out a terrorist attack against them), the track record on terrorism by Muslims in Europe is clear. The 7% of the population that is Muslim is responsible for less than 1% of the acts of terrorism, or the planned acts of terrorism, and this has held steady for years. Check the Europol reports on terrorism, they are avialable on the web.
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Andrew Joseph Mumford
12:10 AM on 02/04/2010
I completely agree. Who is this guy and others to judge them? What he is implying is that some Muslims will use the veil to carry out terrorist attacks. How many reports have there been of something like that actually happening? Legislation like this is targeted towards Muslims, and it's best not to judge other people's traditions.
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Sam Sedaei
12:47 AM on 02/04/2010
No one said anything about terrorism. The point is that everyone is subject to searches and other security measures, and Muslims should be no exception, which many burqa wearing Muslim women want to be. And as for "it's best not to judge other people's traditions," slavery was a tradition, too. Should we not judge that either?
06:39 AM on 02/04/2010
In the American South the New Testament was used to justify slavery and there is absolutely no question that early Christianity accepted slavery as part of the natural order. Who were we to judge them? Some Muslim countries engage in the genital mutilation of girls. Apparently hunting down gay men and brutalizing them to death is a new blood sport in Iraq. Who are we to judge them? Well, let me explain it to you. We are a culture that accepts personal freedom, the dignity of the individual, and the rule of laws rationally implied. That's who WE are. Who the hell are you?
06:27 PM on 02/03/2010
BRAVO! This is one of the most intelligent and thoughtful articles ever posted here.
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Ira7
12:01 PM on 02/04/2010
YEP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!