Islamic scarf controversy in france

Islamic scarf controversy in France

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The Islamic scarf controversy in France, referred to there as l'affaire du voile (the veil affair), l'affaire du voile islamique (the Islamic veil affair), and l'affaire du foulard (the scarf affair), arose in 1989, pertaining to the wearing of the hijab in French public schools. It involved issues of the place of Muslim women, differences between Islamic doctrine and Islamic tradition, the conflict between communitarianism and the French policy of minority assimilation, discussions of the "Islamist threat" to French society and of Islamophobia and of strict secularity in state institutions.

History

The controversy over the Islamic scarf (hijab) was sparked on 18 September 1989, when three female students were suspended for refusing to remove their scarves in class at Gabriel Havez Middle School in Creil. In November 1989, the Conseil d'État ruled that the scarf's quasi religious expression was compatible with the laïcité of public schools. That December, minister of education Lionel Jospin issued a statement declaring that educators had the responsibility of accepting or refusing the wearing of the scarf in classes on a case-by-case basis.

In September 1994, a new memorandum, the "François Bayrou memo", was issued, delineating the difference between "discreet" religious symbols able to be brought into classrooms, and "ostentatious" religious symbols (including the hijab), which were to be forbidden in public establishments. In October of that year, students at Saint-Exupéry High School in Mantes-la-Jolie organized a demonstration of protest in favor of the right to wear the veil in classrooms. In November, 24 veiled students were suspended from the same high school as well as from Faidherbe High in Lille.

Between 1994 and 2003, around 100 female students were suspended or expelled from middle and high schools for wearing the scarf in class. In nearly half of these cases, their exclusions were annulled by the French courts.

Political positions

The most debated point is whether or not students have the right to wear the scarf in classes in public establishments such as primary and secondary schools, as well as universities. Meanwhile, the controversy has contributed to discussions of the principle of secularism, which is the foundation of the 1905 law of separation of church and state in France. The two principal positions that have emerged are:

· A complete preservation of the "principle of secularism" as an element of freedom. This is the position taken most notably by Jacques Chirac as well as by certain leftists such as Jean-Pierre Chevènement.

· An abandonment of the principle of secularity for the benefit of total religious freedom, and for the recognition of religious communities. This Anglo-Saxon-based community model was defended most notably by Nicolas Sarkozy, as well as some leftists and certain Greens.

Muslim tradition

The tradition of the headscarf itself has been in existence since before the advent of Islam, and depictions of Mary, mother of Jesus, show her wearing a hair covering. In Orthodox Judaism, many married women cover their hair with a form of headscarf, called a "tichel". Veiling is also stated in the Quran, but some debate towards the meaning of it, although majority believe it is a requirement for women to cover their hair.

The importance assigned to head covering varies, from that of colorful head scarves that do not conceal much hair in sub-Saharan Africa, to head scarves that cover the hair and neck to the extent that it should cover all hair, as worn in much of the world, to cloths that cover parts of the face (Yemen), and in Saudi Arabia, the entire body, must be covered by the veil (burqa), as is the case in some areas of Pakistan.

In most Muslim societies, this obligation is not enforced by law. In Egypt and Turkey, for example, wearing the scarf is controversially forbidden in certain professional contexts. In reality, un-veiled Muslim women are a common sight in cities such as Istanbul, Karachi, Islamabad, and Rabat. However, the obligation is legally enforced in certain countries such as Iran, and those who violate such laws are legally culpable for their dress. Most societies in the Muslim world take a more relaxed approach to the scarf where girls and women can be seen wearing hair coverings of all levels or none at all.

Motivations of French Muslims who wear the scarf

The wearing of the scarf or hijab in France, and in the main countries of origin of French Muslims (Algeria, Tunisia, Morocco, Turkey), is a relatively recent phenomenon that is at its core a general movement toward the traditional values of communities in and from these countries. Movements of this kind are not limited to the Muslim world, and can be observed in many different cultures, including those of the West.

This phenomenon has been coined "the new veiling" by A.E. MacLeod. This model does not always materialize perfectly or uniformly according to orthodox tradition; the veils of French Muslim women tend to be less austere in their use of color and material.

Other perhaps more specifically France-centered arguments were voiced at the time of this controversy to justify students' wearing of the scarf in public schools:

· "Respectability" and "discretion." News, movies, and music aimed at young men often contain stereotypical "easy girl" characters who are sexually taken at will and who are always un-scarfed. This leads many to entertain the idea that women who show their hair are not respectable and are offered (or are offering themselves) sexually to everyone. More generally, advertising and the media present a standard model of how Western women may be assumed to be. This vision of Western women offered by media may lead French Muslim women to wear the veil to affirm their respectability and, paradoxically, their independence in respect to their families. Some veiled women, while very independent, are using the traditional argument for discretion in order to insist on their right to wear the veil at school.

· Muslim identity in the face of what is considered French bigotry against Muslim. Wearing the scarf is also a way for French Muslim women to guard their identity.

· Avoidance of violence in poor neighborhoods, where unveiled women are not safe since they may be targeted for attack by Islamic morality patrols] (a concept of the Wahhabi school of thought, a minority which is criticized by other schools of Islam).

According to a 2008 study by Stephen Croucher in the Journal of Intercultural Communication Research, "Muslims deem the Islamic veil or hijab to be a fundamental part of their identity." Muslims believe that the hijab or veil is symbol of Islam that should not fall under the French idea of secularism. Thus, many French-Muslims claimed that the law banning the veil in public schools was aimed at "forcefully integrating" the Muslim population by restricting their identity.

There also exists a notable minority of French non-Muslims who have expressed support for the right to wear the veil in public schools

Motivations of French people opposed to allowing hijabs to be worn in schools

Feminist arguments

According to some feminist groups, as well as some human rights advocacy groups, wearing the scarf can symbolize a woman's submission to men It is feared that permitting the veil in schools risks opening the door to other practices that exist in the Muslim world

It is often speculated that forbidding the hijab would limit freedom. Rather, the argument put forward by some feminists is that the hijab is not a free choice, but a result of social pressures (i.e., if a law does not forbid the practice of wearing the hijab, social pressure may render it obligatory)

These arguments are shared by some Islamic feminists. Thus, Fadela Amara, the former president of the organisation Ni Putes Ni Soumises, stated that: "The veil is the visible symbol of the subjugation of women, and therefore has no place in the mixed, secular spaces of France's public school system." Another francophone Muslim influential for his work on public welfare, Hedi Mhenni shares the view of these Islamic feminists and similarly expressed support for Tunisia's ban on the veil in public workplaces in those terms: "If today we accept the headscarf, tomorrow we'll accept that women's rights to work and vote and receive an education be banned and they'll be seen as just a tool for reproduction and housework."

Secularism arguments

Certain individuals and associations consider the scarf to be a symbol of belonging to the Muslim community. According to this line of reasoning, women who wear the veil display their religious and community affiliation, which harms the unity and secularism of the French Republic. The position of the French government is that secularism in schools is incompatible with wearing ostentatious religious articles, whatever they be. However, in December 2003, President Chirac extended this policy for all public secondary education establishments, risking fanning the tensions between communities within the multicultural French society. France is home to both the largest Jewish and Muslim minorities in Western Europe.

Educators

A strong majority of French educators opposes the veil in general, and particularly in classes. The arguments put forward are connected to both secularism and feminist arguments, a majority of French educators being women.

General public

The majority of French people, according to a survey conducted in the last four months of 2003 responded that they would be in favor of a law forbidding the veil in schools.

In 2013, 86% of respondents in a poll for i-Télé were in favour of a ban for headscarfs and other religious and political symbols in both public and private institutions for children. The poll was made after the Court of Cassation ruled that a private crèche did not have the right to fire a woman who wore an Islamic headscarf

Motivations of French people who do not oppose the hijab

According to the same surveys, more than 30% (about 10% of the population of France is Muslim) of the French do not want a law forbidding the veil in schools. Conversely, more than 60% of the French population (about 10% of the population of France is Muslim) want a law forbidding the veil in schools. Many individuals and organizations have been opposed to the idea of a law forbidding the veil since it was first proposed.

The collective "Les Blédardes" sees the controversy over the veil as a manifestation of colonialist sentiments In 2003, they demand: "Give the veiled girls back their status as students - democracy and the State of justice will come out of this more mature, just as they matured through the rehabilitation of the Dreyfus Affair." Furthermore, some Islamic feminists have expressed offense at double standards implicit in some (non-Muslim) feminist arguments. Thus, when some feminists began defending the headscarf on the grounds of "tradition", Fadela Amara countered: "It's not tradition, it's archaic! French feminists are totally contradictory. When Algerian women fought against wearing the headscarf in Algeria, French feminists supported them. But when it's some young girl in a French suburb school, they don't. They define liberty and equality according to what colour your skin is. It's nothing more than neocolonialism.

Some would argue that the government attempting to protect Muslim women from the supposed repressiveness of the hijab is a form of paternalism. The banning of the hijab can be viewed as just another way of controlling how women dress by a patriarchal society.

A third interpretation of the principle of secularity based on its original formulation recalls that, according to the law, "all are equal to show and express their religious opinions in public as well as in private", and that the French state has the responsibility to guarantee access to free, public education to all Frenchmen.

Another argument is that making it illegal sends a message that hate crimes may be more tolerable.