Burqa

Detail of the head and upper torso portions of a silk burqa
Two women in burqas.

A burqa (also known as chadri or paranja in Central Asia) is an enveloping outer garment worn by women in some Islamic traditions to cover themselves in public. Originating from Arabic: برقع‎‎, burquʻ or burqaʻ, and Urdu: بُرقع‎, it is also transliterated burkha, bourkha, burka, burqua, or burqu' and is pronounced Arabic pronunciation: [ˈbʊrqʊʕ, ˈbʊrqɑʕ].a

A burqa (Urdu: بُرقع‎) (Arabic pronunciation: [ˈbʊrqʊʕ, ˈbʊrqɑʕ]a (also transliterated burkha, bourkha, burka or burqu' from Arabic: برقع‎ burquʻ or burqaʻ), also known as chadri or paranja in Central Asia) is an enveloping outer garment worn by women in some Islamic traditions to cover their bodies when in public, originally adopted from Zoroastrian Persians.

In Islamic texts

Algerian women wearing a traditional haïk

Many Muslims believe that the collected traditions of the life of Muhammed, or hadith, require both men and women to dress and behave modestly in public. However, this requirement has been interpreted in many different ways by Islamic scholars (ulema) and Muslim communities.

Relevant verses of the Quran have been translated as:

"O Prophet! Say to your wives and your daughters and the women of the faithful to draw their outergarments close around themselves; that is better that they will be recognized and not annoyed. And God is ever Forgiving, Gentle."
— Qur'an, Surah 33 (Al-Ahzab), Verse 59
"And say to the faithful women to lower their gazes, and to guard their private parts, and not to display their beauty except what is apparent of it, and to extend their headcoverings (khimars) to cover their bosoms (jaybs), and not to display their beauty except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers, or their brothers' sons, or their sisters' sons, or their womenfolk, or what their right hands rule (slaves), or the followers from the men who do not feel sexual desire, or the small children to whom the nakedness of women is not apparent, and not to strike their feet (on the ground) so as to make known what they hide of their adornments. And turn in repentance to Allah together, O you the faithful, in order that you are successful"
— Qur'an, Surah 24 (An-Nur), Verse 31

A fatwa, written by Muhammed Salih Al-Munajjid, a salafist and founder of the website IslamQA.info states:

The correct view as indicated by the evidence is that the woman's face is 'awrah which must be covered. It is the most tempting part of her body, because what people look at most is the face, so the face is the greatest 'awrah of a woman.[1]

The fatwa also states when it is prohibited to wear the veil:

In the Sunnah there are many ahaadeeth, such as: the Prophet said: "The woman in ihraam is forbidden to veil her face (wear niqaab) or to wear the burqa'." This indicates that when women were not in ihraam, women used to cover their faces[1]
An 1842 Lithography work by James Rattray showing a Persian (Qizilbash) woman in Afghanistan with a burqa behind her.

Namus

In the Muslim world, preventing women from being seen by men is closely linked to the concept of Namus, Namus is an ethical category, a virtue, and is a strongly gender-specific category of relations within a family described in terms of honor, attention, respect/respectability, and modesty. The term is often translated as "honor".[2][3][3]

Around the world

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.[4][5]

Chad

In June 2015, the full face veil was banned in Chad after veiled Boko Haram bombers disguised as women completed multiple suicide attacks.[5][6][7]

Republic of the Congo

In May 2015, the Republic of the Congo banned the face veil in order to counter extremism.[8][9] The decision was announced by El Hadji Djibril Bopaka, the president of the country's Islamic High Council.[10]

Gabon

In 2015, Gabon banned the face veil in order to counter extremism in public and places of work.

Morocco

The Moroccan government distributed letters to businesses on 9 January 2017 declaring a ban on the burka. The letters indicated the "sale, production and import" or the garment were prohibited and businesses were expected to clear their stock within 48 hours.[11]

Asia

Afghanistan

Afghan women wait outside a USAID-supported health care clinic.

The full Afghan chadri covers the wearer's entire face except for a small region about the eyes, which is covered by a concealing net or grille.[12]

The chadri has been worn by Pashtun women since pre-Islamic times and was historically seen as a mark of respectability.[13] Before the Taliban took power in Afghanistan, the chadri was rarely worn in cities. While they were in power, the Taliban required the wearing of a chadri in public. Officially, it is not required under the present Afghan regime, but local feudal lords still enforce it in southern Afghanistan. They are usually light blue in the Kabul area, white in the north in Mazar-i-Sharif and brown and green in Kandahar in the south.[14] Chadri use in the remainder of Afghanistan is variable and is observed to be gradually declining in Kabul. Due to political instability in these areas, women who might not otherwise be inclined to wear the chadri must do so as a matter of personal safety.

India

Among the Muslim population in India, the burqa (Hindi: बुरक़ा, Urdu: بُرقع‎) is common in many areas[15]—old Delhi, for example.[16] In the locale of Nizamuddin Basti, the obligation of a woman to wear a burqa is dependent on her age:[17] young, unmarried women or young, married women in their first years of marriage are required to wear the burqa.[17] However, after this the husband usually decides if his wife should continue to wear a burqa.[17]

Pakistan

In Pakistan, wearing of the burqa mainly occurs in Pashtun territories along the border areas, especially in tribal areas and in Khyber Pakhtunkhwa and Balochistan. However, in the remainder of the country, its use has greatly declined. However, the use of burqa remains localized and most women who observe burqa within these areas, do not do so when they travel out of the area.

Israel

A member of the Haredi burqa sect in Meah Shearim, Israel

Some years ago, a group of Haredi (ultra-Orthodox) Jewish women in Israel began donning the Burqa as a symbol of piety. Following its adoption by Bruria Keren, an estimated 600 Jewish women took to wearing the veil.[18] Keren claims to "follow these rules of modesty to save men from themselves. A man who sees a woman's body parts is sexually aroused, and this might cause him to commit sin. Even if he doesn't actually sin physically, his impure thoughts are sin in themselves."[19] However, a rabbinical authority said "There is a real danger that by exaggerating, you are doing the opposite of what is intended [resulting in] severe transgressions in sexual matters," and issued an edict declaring burka-wearing a sexual fetish, that is as promiscuous as wearing too little.[20]

According to The Jerusalem Post, in 2010, a Member of the Knesset intended to put forward a bill to "prohibit the wearing of a full-body and face covering for women. [The] bill would not differentiate between Muslims and Jews".[21]

Syria

Syria is a Baathist state and discourages the wearing of hijab. Ghiyath Barakat, Syria's minister of higher education, announced that the government would ban students, teachers or staff from covering faces at universities, stating that the veils ran counter to "secular and academic principles of the country".[22]

Europe

Belgium

On 29 April 2010, the lower house of parliament in Belgium passed a bill banning any clothing that would obscure the identity of the wearer in places like parks and in the street. The proposal was passed without dissent, and was then also passed by the Senate. BBC News estimates that "Only around 30 women wear this kind of veil in Belgium, out of a Muslim population of around half a million."[23] The ban came into effect in Belgium in July 2011.[24] On 11 July 2017 the ban in Belgium was upheld by the European Court of Human Rights (ECHR) after having been challenged by two Muslim women who claimed their rights had been infringed.[25]

Bulgaria

The Parliament of Bulgaria outlawed the wearing of any clothing "that partially or completely covers the face” in public places such as government offices, educational and cultural institutions, and places of public recreation, except for health or professional reasons from 30 September 2016. Anyone who violates the law is liable to a fine of up to 1,500 levs ($860 USD). The Muslim community makes up 12 percent of the Bulgarian population of 7.2 million who mostly wear headscarves.[26]

France

Wearing the burqa has not been allowed in French public schools since 2004 when it was judged to be a religious symbol like the Christian cross. This ruling was the application of an established 1905 law that prohibits students and staff from wearing any clearly visible religious symbols. The law relates to the time where the secular French state took over control of most schools from the Catholic Church. It does not apply to private or religious schools. This was followed on 22 June 2009, when the president of France, Nicolas Sarkozy, said that burqas are "not welcome" in France, commenting that "In our country, we cannot accept that women be prisoners behind a screen, cut off from all social life, deprived of all identity".[27] The French National Assembly appointed 32 lawmakers from right- and left-wing parties to a six-month fact-finding mission to look at ways of restricting its use.[28] On 26 January 2010, the commission reported that access to public services and public transport should be barred to those wearing the burqa. On Tuesday 13 July 2010 the Assembly overwhelmingly approved a bill banning burqas and niqabs.[29]

On 14 September 2010, the French Senate overwhelmingly approved a ban on burqas in public, with the law becoming effective beginning on 11 April 2011. When the measure was sent in May to the parliament they said "Given the damage it produces on those rules which allow the life in community, ensure the dignity of the person and equality between sexes, this practice, even if it is voluntary, cannot be tolerated in any public place".[30][31]

The ban is officially called "The bill to forbid concealing one's face in public". "It refers neither to Islam nor to veils. Officials insist the law against face-covering is not discriminatory because it would apply to everyone, not just Muslims. They cite a host of exceptions, including motorcycle helmets, or masks for health reasons, fencing, skiing or carnivals".[32]

In 2014, the European Court of Human Rights upheld the French ban on burqa, accepting the argument of the French government that the law was based on "a certain idea of living together".[33][34]

Germany

In a 2016 speech, accepting her nomination for reelection, the German chancellor Angela Merkel called for banning the burqa in Germany "wherever legally possible", which was interpreted as support for the earlier proposal by Interior Minister Thomas de Maizière to outlaw full-face veils in public buildings. The announcement was seen as an attempt to counter public anger at Merkel's handling of the migrant crisis and electoral gains by the anti-immigration AfD party.[35][36][37]

In August 2017, the state of Lower Saxony (German: Niedersachsen) banned the burqa along with the niqab in public schools. This change in the law was prompted by a Muslim pupil in Osnabrück who wore the garment to school for years and refused to take it off. Since she has completed her schooling, the law was instituted to prevent similar cases in the future.[38]

Italy

In Italy, by an anti-terrorism Law passed in 1975, it is forbidden to wear any dress that hides the face of a person. At that time, Italy was facing domestic (not Islam-related) terrorism. In May 2010, it was reported that a Tunisian woman was fined €500 for this offence.[39] Nevertheless, religious beliefs are generally considered as legitimate grounds to cover the head.

Malta

Malta has no restrictions on Islamic dressing such as the veil (hijab) nor the full face veil (burqa and/or niqab)[40] but strictly speaking face covering is illegal.[41] An official ban on face covering for religious reasons is ambiguous.[42] It is guaranteed that individuals are allowed to wear as they wish at their private homes and at the Mosque.[41] Imam El Sadi, without quoting anyone and speaking from his own believes, as a spiritual guidance, that banning of the niqab and the burka "offends Muslim women".[43] Elsadi said that the Maltese's "attitude towards Muslim women" is positive and, despite cultural clashes, they tolerate the dressing.[44] Some Muslim women share the belief that it is sinful to be seen in public without veiling themselves,[45][46] however they are lawfully required to remove it when needed.[47]

Netherlands

On 27 January 2012, a law was accepted by the Dutch cabinet, banning any clothing that would hide the wearer's identity. Fines for wearing a burqa in public could go up to 380 euros.[48] In October 2012, this law was mitigated by the succeeding cabinet to pertain only to public transport, health care, education and government buildings, rather than all public spaces.[49]

On 22 May 2015, a law was accepted by the Dutch cabinet, banning wearing a burqa in public places. Public places include, public transportation, educational institutes, public health institutes, and government buildings. In the courtroom a burqa or a nikab cannot be worn. In the public space a burqa and nikab is allowed. Police officers may request you remove face-covering clothing for identification purposes. There are other exceptions like, during carneval or other festivities, and when face-covering clothing is necessary as a sports or job requirement. Opposition party, D66, has commented on the burqa abolishment as tokenism. While PVV has stated that the abolishment as unsatisfactory. Minister of Internal Affairs, Plasterk, has stated that setting a norm is important.[50][51]

Switzerland

The burka was outlawed in the canton of Ticino after a citizen initiative to hold a referendum. With 65% in favour of a ban and it was ruled that the ban was constitutional, the ban took effect in July 2016. Those who violate the law face a fine of up to CHF 10,000.[52]

United Kingdom

This outfit is causing debate in the United Kingdom. A senior member of the previous government, Jack Straw, asked Muslim women from his constituency to remove any veils covering their faces during face-to-face meetings with him. He explained to the media that this was a request, not a demand, and that he made sure that a woman staffer remained in the room during the meeting. A media outcry followed. Some Muslim groups said that they understood his concerns, but others rejected them as prejudicial.[53] A poll in 2011 indicated that 66 percent of British people supported banning the burqa in all public places.[54] However, a ban on burqas was ruled out by the previous Conservative-Liberal Democrat government. The current Conservative government has yet to establish a policy regarding the Burqa.[55]

Oceania

Australia

In 2010, Australian Liberal Senator Cory Bernardi called for the burqa to be banned in Australia, branding it "un-Australian". The ban did not go ahead but the debate about the burqa continues.[56][57]

In 2011, Carnita Matthews of Sydney was sentenced to six months jail for making a statement accusing a police officer of attempting to forcibly lift her niqab, which news sources initially referred to incorrectly as a burqa.[58] The officer had pulled her over for a random breath test and then ticketed her for a licence infringement. Matthews allegedly then submitted a signed complaint to a police station while wearing a niqab. Judge Clive Jeffreys overturned the conviction in June 2011, citing what he thought were differences between the signature on her license and that on the complaint.[59] She then proceeded to seek legal costs.[58] On 4 July 2011, New South Wales became the first Australian state to pass laws allowing police to demand that burqas (and other head gear such as motorcycle helmets) be removed when asking for identification.

In October 2014, the Speaker of the House and President of the Senate at Parliament House in Canberra decreed that female visitors wearing a face covering would have to sit in the separated glassed-in areas of the public gallery normally reserved for school children.This was in response to a planned disruptive action by a political activist group. Prime Minister Tony Abbott stated that he opposed this restriction.[60] The decision was subsequently reversed.[61]

See also

Footnotes

References

  1. 1 2 Al-Munajjid, Sheikh Muhammed Salih. "Do women have to wear niqaab?". Islam QA. Retrieved 23 August 2010.
  2. ↑ Werner Schiffauer, Die Gewalt der Ehre. Erklärungen zu einem deutsch-türkischen Sexualkonflikt. ("The Force of the Honour"), Suhrkamp: Frankfurt am Main, 1983. ISBN 3-518-37394-3.
  3. 1 2 Dilek Cindoglu, "Virginity tests and artificial virginity in modern Turkish medicine", pp. 215–228, in Women and sexuality in Muslim societies, P. Ýlkkaracan (Ed.), Women for Women's Human Rights, Istanbul, 2000.
  4. ↑ BBC: "Cameroon bans Islamic face veil after suicide bombings", Bbc.com, 16 July 2015.
  5. 1 2 "Another African country bans Islamic veil for women over terror attacks", Washingtonpost.com, 18 June 2015.
  6. ↑ "Chad police: Anyone wearing face veils will be arrested". Al Jazeera English. 2015-07-12. Retrieved 2017-02-28.
  7. ↑ "Chad arrests 62 women for wearing veils after bombings". News24. 2015-10-16. Retrieved 2017-02-28.
  8. ↑ "Congo-Brazzaville bans Islamic face veil in public places". BBC News. Retrieved 2017-02-28.
  9. ↑ "Congo-Brazzaville bans women from wearing full veil - Security reasons cited as the reason behind the ban, according to an Islamic association", Aljazeera.com, 3 May 2015
  10. ↑ Rose Troup Buchanan (2015-05-02). "Republic of Congo bans full-face veils in attempt to prevent religious extremist attacks". The Independent. Retrieved 2017-02-28.
  11. ↑ "Morocco 'bans the sale and production of the burka'". BBC News. 10 January 2017. Retrieved 28 January 2017.
  12. ↑ Malhotra, Jyothi (26 July 2009). "An election in Afghanistan". Business Standard. Retrieved 17 August 2009.
  13. ↑ Amer, Sahar (2014). What Is Veiling?. The University of North Carolina Press (Kindle edition). p. 61.
  14. ↑
  15. ↑ Jain, Simmi (9 July 2011). Encyclopaedia of Indian Women Through the Ages: Modern India. Kalpaz Publications. The wearing of Burqa was not seen in the rural areas although the majority observed complete purdah whereas in the old Delhi area from where the urban data was collected, ' Burqa ' clad women were quite frequently seen in the markets and other places, as also women without a Burqa.
  16. 1 2 3 Weigl, Constanze (9 July 2011). Reproductive Health Behavior and Decision-Making of Muslim Women. LIT Verlag Münster. The obligation of a woman to wear a burqa is dependent on her age, as Moazam, one of my key informants, explained to me; a woman with gown-up children has not necessarily to wear a burqa. Young, unmarried women or young, married women in their first years of marriage, however, are obliged to wear it. In this situation a husband usually decides if his wife should continue to wear a burqa after marriage or not. In Nizamuddin Basti girls usually started to wear a burqa when they were around 16 years old and became fecund.
  17. ↑ Shaviv, Miriam (28 April 2010). "Should Israel Ban the Burka?". The Jewish Chronicle. Retrieved 25 January 2011.
  18. ↑ "Controversy in Israel over burqa-wearing ultra-Orthodox Jews". Asia News. 2 September 2011. Retrieved 15 December 2011.
  19. ↑ Blomfield, Adrian (30 July 2010). "Israeli rabbis clamp down on burka". The Daily Telegraph. London.
  20. ↑ The Jerusalem Post. 26 April 2010. . Retrieved 16 Feb 2011.
  21. ↑ "Syria bans face veils at universities". BBC News. 19 July 2010. Retrieved 3 February 2012.
  22. ↑ "Belgian lawmakers pass burka ban". BBC News. 30 April 2010. Retrieved 23 August 2010.
  23. ↑ "The Islamic veil across Europe - BBC News". Retrieved 25 August 2016.
  24. ↑ "Top Europe court upholds ban on full-face veil in Belgium". 11 July 2017. Retrieved 11 July 2017.
  25. ↑ Burqa ban: Bulgaria outlaws face-covering clothes in public places - RT. Retrieved on 1 October 2015.
  26. ↑ Foreign, Our (22 June 2009). "Nicolas Sarkozy: burqa not welcome in France". The Daily Telegraph. London. Retrieved 23 August 2010.
  27. ↑ "France sets up burka commission". BBC News. 23 June 2009. Retrieved 27 April 2010.
  28. ↑ Doland, Angela (13 July 2010). "France Burqa Ban: French Parliament Approves Ban on Face Veils". The Huffington Post. Retrieved 23 August 2010.
  29. ↑ French Senate Approves Burqa Ban (CNN)
  30. ↑ "CNN – French Senate approves burqa ban". CNN. 15 September 2010. Retrieved 15 December 2011.
  31. ↑ Doland, Angela (13 July 2010). "France Burqa Ban: French Parliament Approves Ban on Face Veils". The Huffington Post. Retrieved 10 February 2011.
  32. ↑ Willsher, Kim (1 July 2014). "France's burqa ban upheld by human rights court". Retrieved 25 August 2016 – via The Guardian.
  33. ↑ "European Court upholds French full veil ban - BBC News". Retrieved 25 August 2016.
  34. ↑ Alison Smale (December 6, 2016). "Angela Merkel Calls for Ban on Full-Face Veils in Germany". New York Times.
  35. ↑ "Angela Merkel endorses burka ban 'wherever legally possible'". BBC. December 6, 2016.
  36. ↑ Sheena McKenzie (December 6, 2016). "Angela Merkel calls for full-face veil ban in Germany". CNN.
  37. ↑ "Burka-Streit: Niedersachsen verbietet Vollverschleierung an Schulen - WELT". DIE WELT. Retrieved 2017-08-05.
  38. ↑ Squires, Nick (4 May 2010). "Muslim woman fined £430 for wearing burqa in Italy". The Telegraph. Retrieved 15 December 2011.
  39. ↑ Yearbook of Muslims in Europe, Volume 4 p. 393.
  40. 1 2 Dalli, Miriam (2015), "MP calls for banning of the burqa: ‘Decision requires rational debate’", Malta Today.
  41. ↑ Camilleri, Neil (2015), "In Malta, wearing a burqa while driving is ‘not illegal’ - police", The Malta Independent.
  42. ↑ http://www.maltatoday.com.mt/news/national/58764/imam_says_burqa_and_niqab_ban_offends_muslim_women_#.VmTiv3p4WrU
  43. ↑ "Muslim women should be able to wear hijab".
  44. ↑ http://www.euroinfo.ee/malta/pdf/25.pdf
  45. ↑ "Election of Muslim girl champions diversity"
  46. ↑ Jørgen Nielsen; Samim Akgönül; Ahmet Alibašić; Egdunas Racius (2014), Yearbook of Muslims in Europe, Volume 6, Brill, p.411.
  47. ↑ "Kabinet stemt in met boerkaverbod – ‘wet met veel haken en ogen'". NRC Handelsblad. 27 January 2012. Retrieved 27 January 2012.
  48. ↑ "Geen boerkaverbod op straat". Nederlands Dagblad. 29 October 2012. Retrieved 15 January 2014.
  49. ↑ "Kabinet stemt in met boerkaverbod". NRC Handelsblad. 22 May 2015. Retrieved 22 May 2015.
  50. ↑ "Weinig bijval voor boerka-plan". NOS. 22 May 2015. Retrieved 22 May 2015.
  51. ↑ "Muslims face fines up to £8,000 for wearing burkas in Switzerland". The Independent. 8 July 2016. Retrieved 8 July 2016.
  52. ↑ "'Remove full veils' urges Straw". BBC News. 6 October 2006. Retrieved 23 August 2010.
  53. ↑ "Two thirds Brits want burqa ban". YouGov. 14 April 2011. Retrieved 16 April 2011.
  54. ↑ MacLellan, Kylie (17 July 2010). "Britain should not seek burqa ban: government". Reuters.
  55. ↑ "Burqa bans: thinly veiled discrimination?". Australian Times. 14 October 2010. Retrieved 15 December 2011.
  56. ↑ "Demand for hijab ruling causes uproar in State Parliament". Adelaide Now. 29 October 2010. Retrieved 15 December 2011.
  57. 1 2 "Burqa wearing-woman Carnita Matthews to seek legal costs". The Daily Telegraph. 23 June 2011.
  58. ↑ Fife-Yeomans, Janet (1 July 2011). "No covering up similar signatures in Carnita Matthews burqa case". The Daily Telegraph. Retrieved 15 December 2011.
  59. ↑ "Tony Abbott steps in to have Parliament House burka restrictions overturned" ABC News, 3 October 2014. Retrieved 3 October 2014.
  60. ↑ "Burka segregation in Parliament reversed by Bishop". 19 October 2014. Retrieved 25 August 2016.
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