English Law Position of the Hijab on Muslim Customary Laws - Essay Example

English Law Position of the Hijab on Muslim Customary Laws English Law Position of the Hijab on Muslim Customary Laws Hijab comes from the Arabic word Hajaba, which means to hide or conceal from view. Generally, it refers to modest dressing for Islamic women. It is extended to mean privacy and modesty. Hijab is not just a piece of cloth on the head, but rather it is a way of life. Hijab requires much more than just covering the head. Hijab is the way you carry yourself, the way you talk, the way you walk. Hijab as a matter of fact is a whole way of life and hence an attitude in itself. For those who are non-Muslims, Hijab is mostly associated with a modest way of clothing that is worn by Muslim women. It is also called the headscarf and it is one of the most noticeable things of Muslim women. Hijab is a duty that is expected from all Muslims. Some Muslims see the concept of Hijab as being consistent and balanced with ideas of gender equality; others view the religious requirement on female covering as patriarchal, chauvinistic, and oppressive and an enforcement of women against their rights (Bahi, 2008). The wearing of Hijab impacts on so many human rights issues both philosophical and practical and has much currency given recent events. The issue of Islamic dress is linked with immigration issues. The reasons given for prohibition vary but in most cases legal bans on face covering clothing are undertaken as an anti terrorism measure and is justified on security grounds. However there is public controversy which indicates the possibility of polarization between western European societies and the Muslims. In the year two thousand and six, the then British Prime Minister Mr. Tony Blair described it as a mark of separation (Werner, 2011). Terrorism is the criminal enactment or acts expected or ascertained to incite a state of fear in the overall population. It’s an aggregation of persons or specific persons for political purposes and such gestures are in any circumstances outlandish whatever the contemplations of a political, philosophical, ideological, ethnic, racial, religious or other nature that may be conjured to support them. In virtually every corner of the world we can say that the human cost of terrorism has been felt. Terrorism has a very direct and real impact on human rights. Its consequences are very devastating in regards to liberty, physical integrity of victims and enjoyment of the right to life. Terrorism has the ability to undermine civil society, threaten social and economic development, jeopardize peace and security and destabilize governments. An individual’s security is a basic human right and thus the protection of the individuals is considered a fundamental obligation of the government (Macmillan, 2010). States therefore are obligated to uphold human rights of their citizens and others by taking positive measures to keep them safe from terrorists and their threats and bring such perpetrators to justice. Lately however the measures to counter terrorist acts have by states have been challenging to the rule of law and human rights .The bedrock of fighting terrorism should be the respect for the rule of law and human rights. The development of national counter terrorism strategies whose aim is to prevent the acts of terror, prosecute the perpetrators and offer protection of human rights and the rule of law is a major requirement. This implies measures to address the drivers to motivation of terrorism. Terrorism threatens the security and dignity of human beings everywhere, takes innocent lives, endangers lives, and creates an environment that destroys the freedom since the people are in fear. Through acts of terror, fundamental freedom is jeopardized and there is destruction of human rights. It undermines the pluralistic civil society, affects the rule of law and its establishment and it has the ability to destabilize governments that are legitimately constituted. Research shows that terrorism has links with organized crime that is transnational, drug trafficking, money laundering, trafficking in arms as well as illegal transfers of deadly nuclear, chemical and biological materials. The right to life has been described as the supreme right and is protected under the international and regional human rights treaties such as the International Covenant on Civil and Political Rights. Without the effective guarantee of life then all the other human rights would not have a meaning. Thus it is the obligation of the state to protect the right of life of every individual within its boundaries and no derogation from this right is allowed even when there is a public emergency. Early nineteen eighties onwards marked a surge in political activities on the part of Muslim communities that were present in Western Europe. This was particularly evident in Great Britain and France where there was establishment of Muslim communities since rights of citizenship were easily obtained (Oxelheim, 2012). External factors also played a role in the politicization of Muslim communities in Europe. Some Western Europeans viewed the oil crisis of the mid seventies as an example of the Muslim world belligerent attitude toward the West; this is because the oil prices had literally held Western Europe to ransom and the western European economies was in shock. As much as that created a rift, it was the Islamic revolution of nineteen seventy nine in Iran which really polarized the public opinion of the European in regards to Islam. The government reaction and the coverage by the media to the Islamic revolution in Iran gave birth to the idea that Islam was a militant and radical force which was not compatible with the aspirations and aims of Western Europe. It was agreed that its presence in the Western European society was a serious obstacle and a potential threat to further European integration. This erroneous stereotyping of Islam caused the Muslim community to react in a markedly negative manner by adapting an increasingly isolationist position in terms of societal engagement as well as political expression. The realization that the Muslim communities were now a permanent fixture in the European societal landscape and the increased rate of unemployment in Europe led to the aggravation of polarization between the two parties. Both sides adapted increasingly entrenched positions. It was evident that there was a marked radicalization of their respective postures. The polarization and hostility between the Muslim and local populations in Europe is worrisome unfortunately there are no signs that the rift between the two sides is going to end anytime soon. The small fragment of the Muslim population who oppose western values and integration get a lot of attention from the media. Lately, several books and articles on the supposed threat of Islam have been circulating insisting that Islam is incompatible with liberal democracy and therefore Muslims are unfit to integrate into the European societies. This media is generated to the public and have become quite prominent in playing a significant role in driving the wagon of polarization (Jenkins, 2007). It is common to see the Islamic world and the West to be entangled in an intensifying cycle of cultural and political conflict. The most significant source of rivalry is the unsettled nature of American relations that is profound with Muslim Middle East. American policy preferences for maintaining control and stability through an alliance over regions are met with contrary regional preferences for dramatic change. Conflicting desires and interest generate friction which spills into the cultural domain which in turn results to the politicization of identities. As a result there is an escalating conflict dynamic in which the basic beliefs, morals and value commitment of the other party are regarded as problematic and threatening. This creates an atmosphere of negative issues such as distrust, disrespect and doubt in which efforts to coerce and dominate adversaries overthrow initiatives to collaborate in a search for an understanding that is intercultural leading to a mutual political accommodation. Cultural and social dislocation as a theme is an important one in the trajectory of the relationship between the Muslim communities And Western Europeans. The growing politicization of Muslim Communities in Europe has at a time of unparalleled and great political transformation across the continent. This has accentuated the demand of the Muslim communities and its importance since it has focused its attention on the extent of plurality and tolerance which is present and in existence kin the new Europe. The concept of commonality and the role of religion in it are highly divisive. Conclusion It is unlikely that in the immediate future the role of Muslim communities in Western Europe will provide a catalyst for societal disintegration but it is time that both parties have meaningful dialogue which might in general bridge the gap between the two parties. This dialogue is important for both parties but it should be a compromise in that the security and cultural coherence of Western Europe is respected as well as Muslim communities are allowed to integrate on mutually acceptable terms which will allow their right development and evolution as cultural and social partners. Through communication on both sides of the troubled relationship there is a possibility of ending this disagreement. If there will be an initiation of such a dialogue or whether it will be a success regarding the terms indicated is unknown, but there is the opportunity and challenge of dialogue between the two sides. It is pertinent to talk about this issue before it escalates and polarization becomes classified as a problem. References Bahi, R. A. (2008). Networking for Power and Change: Muslim Women Activism and the Transformation of Muslim Public Sphere. Atlanta: ProQuest. Jenkins, P. (2007). Gods Continent: Christianity, Islam, and Europes Religious Crisis. Arizona: Oxford University Press. Macmillan, P. (2010). Liberal Imperialism in Europe. New York: Palgrave Macmillan. Oxelheim, L. (2012). EU-Asia and the Re-polarization of the Global Economic Arena. Texas: World Scientific. Werner, E. (2011). Islam in the World Today: A Handbook of Politics, Religion, Culture, and Socie. Chicago: Cornell University Press. Read More