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Ban the Burqa? The Argument Against

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Jasmine Jaber -­‐ 42886090

GEN320 End of Semester Independent Research Project Master of Research Thesis Proposal

Jasmine Jaber Introduction

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Over the past few years, the veiling practices of Muslim women have been the issue of public debate and come under direct government gaze. In particular, countries such a France and Turkey have issued a ban on wearing the burqa in public. The ban relates to the general wearing of the burqa and not for certain situations such as identity checks.

This debate has spread to Australian soil where dozens of Australians, such as Cory Bernardi, have enunciated their approval and have called for such a ban in Australia. While some countries have similar meaning of the veil, the majority of non-Islamic individuals across Europe and Australia have interpreted the veil in their own way and thus attached to it different meanings causing different perceptions as to why or why not it should be worn.

Using the article by Bernardi (2010) as a starting point, I will critique the feeble objections writers of the topic have against the burqa and justify why their reasons for a burqa ban are invalid and cannot benefit society, and if anything, set society backwards. By interpreting the results of my focus groups, this thesis will explain how the majority of women who wear the burqa do so by choice and society must accept their choice. Also, I will explain that just because some women are forced to wear the burqa, banning it is not the solution the Australian Government should take.

Before moving on, a brief point will be made about the burqa to avoid any confusion. Islamic face-coverings carried out by Muslim women have two main forms, burqa and niqab. Variations of the two are due to differences of

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Jasmine Jaber

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particular races and heritage. This proposal will be referring to the ban on women wearing the burqa, not the hijab, when discussing the veil.

Significance

The significance of this research is to provide an understanding that the majority of women who wear the burqa may do so by their own free will. It could therefore help society to move away from the idea that all women who wear the burqa are victims of repressive Islamic domination of men over women, and move towards a more accepting view of Burqa wearing women, both in terms of faith and their choice of submission to god, or Allah, as a female.

The article by Bernardi (2010) serves as a suitable example to the ignorant reasons as to why some Australians are calling on a burqa ban. The phrases “in my mind”, “to me” and “I disagree” show Bernardi’s egocentricity as he argues the necessity of a burqa ban based on his own personal desires to meet his perceptions and beliefs. At one stage he plays the equality card by saying “Equality of women is one of the key values in our society”. The reality that he presents is contradictory. Enhancing gender equality cannot be achieved by taking away Muslim Women’s rights to openly practice their faith and choice of what to wear and what to do with their bodies. The available literature supporting a ban have similar conflicting approaches; arguing that a ban is necessary to ensure gender equality while they tend to overlook the opinions and wishes of burqa wearing women. Therefore, the aim of this research is to bring forth the voices and thoughts of these women as well as the opinions and beliefs of non-Islamic Australian citizens who are against a ban.

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Jasmine Jaber

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I do not argue to elevate the status of women who wear the veil to be above the law in matters of safety, such as security at airports and banks, for example. I argue that the current reasons for calling on a ban are invalid and that a general ban on the burqa is iniquitous. This paper will not only aid the Australian society to understand that most women who wear the burqa do so by choice, but for society to apprehend that it cannot take away that choice by issuing a ban without severely jeopardising Australian identity, human rights, and gender equality.

I argue that in the cases when women are forced to wear the burqa, banning it is not the remedy. Bernard-Henri Lévy argues (2010) that it is not about the dress, but the symbol and messages the burqa projects. A message that depicts the ‘subjugation, subservience, and the crushing and the defeat of women’ (Lévy, 2010). My thesis aims to explain that the burqa is not a cause of oppression but a symptom of it. In order for Australian lawmakers to help Muslim women they need to challenge the policies and processes that margalanise Islamic communities, not by banning the burqa and further hindering women’s rights to wear the veil if they freely chose to.

This thesis will use constructive and well-planned arguments to show that the current arguments and literature calling for a burqa ban are frail and trivial and explain how banning the burqa is an easy resolution to a nations identity crisis.

Methodology

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I will examine the limited literature addressing the banning of the burqa to advance my understanding of the issue and to develop my argument. I will also incorporate an analysis of the media coverage since 2010 when France banned the burqa and niqab from being worn in public places as well as the public expressions of some Australians, calling on a burqa and niqab ban due to burqa bandits.

This thesis will be administered by collecting information from focus groups, as scarce literature exists regarding public concern of a general burqa ban. Although present literature addresses the issues in favor of the ban (Chesler, 2010), research has yet to address the backwards step society is taking in regards to women’s freedom when imposing a ban on the burqa and niqab. Given that this is a social issue, I feel that focus groups are more suitable than alternative methods as it would allow for the observation of the interplay, agreement and disagreement of a diverse pool of participants. Additionally, focus groups provide thorough evidence that closed methodologies are unable to provide (Morgan, 1997).

To ensure the standerdisation of the pool of participants, 100 individuals will be, if possible, selected randomly from different subsets of the population to include individuals with varying geographic location, race, gender, socioeconomic status, religion, etc. The other 100 participants will be women who wear the burqa and speak English or Arabic. These women will be recruited by advertising the research in Islamic communities in Lakemba, Punchbowl and Bankstown NSW. Also, the majority of the burqa wearing women will be recruited from ‘Daar Aisha’ and The Muslim Women’s Association, as I have several contacts that host these gatherings. The discussions will be held in groups of 15 and will be conducted across similar

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environments to maintain continuity across groups. I aim to overcome any language barrier by translating content to the participants in Arabic. Having been brought up in a Lebanese household, and lived in Lebanon for several years, I am fluent in Arabic as I am in English. I, a female, will mediate the discussions. All the discussions will be video recorded for later data interpretation of both verbal and non-verbal responses (i.e. head nodding in agreement, the shaking of the head, etc.).

The discussions will be semi-structured to encourage conversation flow and develop answers in relation, but not limited, to the following concepts: • • The banning of the burqa in Australia, for or against Addressing the arguments people have been raising, such as security at airports, for example • The burqa hinders Muslim women and their families from integrating with Australian society • The symbolic meaning of the burqa of both Muslim and non- Muslim participants.

Literature Review Literature is the product of a dominant culture and, I believe, is the reason as to why there is a vast gap in my chosen field of research. Over the past few weeks I have read several secondary research papers, the majority in favor of a burqa ban, non-however applying to Australia.

Chesler (2010) argues in favor of the burqa ban on the grounds that while the Qur’an requests male and females to dress modestly, several Islamic-ruling countries do not require women to wear a burqa because it can create sensory deprivation and isolation for the wearer. Her research explores the

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difference between the hijab and burqa and explains how the hijab is acceptable because it does not obscure facial identity; however, the burqa creates serious security and humanitarian considerations. Her study emphasises that the burqa is not a religious statement, but rather a political one and that legislators should outlaw the burqa on this basis. The arguments in her paper make it clear that there exist practical problems associated with wearing the burqa in terms of security. My thesis will dispute her work and other literature, that I will come across in my research, that take on this attitude by explaining in depth the notion of burqa banning as unjust because that if banks require people to not wear helmets or large hats which obscure their identity, so be it; nevertheless, that does not mean that the legislators impose a ban on helmets and hats in general, as it is being proposed for the burqa.

Ruitenberg (2008) argues that the banning of the veil is a form of censorship. Schyff and Overbeeke (2011) explore how burqa bans are a serious threat to religious freedoms. The significance of the burqa in these studies is that it has developed into a mixed symbol of concerns that have emerged to haunt European and Western nations. What does it mean to be Australian? Or French? The literature against a burqa ban shows that the ban is rather an easy fix by legislators to a nations identity crisis. That politicians are attempting to define their nations values and maintain those values at the expense of those whose values are not inline with their own, at the expense of the rights of Muslim women.

The studies mentioned above and others provide a scope for exploring the wider issues of this topic. While the available information and research regarding burqa bans is growing, the field of generally banning the veil is still

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rather unexplored. The limited literature, specifically the lack of Australian research and literature involving interviews with the general public and burqa wearing women, will prove to be challenging, yet will allow for a fresh new insight into the field.

Conclusion

There exists something barbaric about the burqa. That a woman of the 21st century is to wear a burqa and shield herself for the sake of modesty and faith. The only thing more surreal than this is the way the burqa, a piece of cloth, has become a symbol of threat to the Western and European world.

In a society where Miley Cyrus, the latest sex symbol, is allowed to prance around practically naked on international television, the veil, a symbol of faith in god, modesty, and purity, is considered unwelcome and unsuitable. While some women may be forced to wear the burqa, as is expected to be revealed in my focus groups, this thesis aims to make clear that this is not always the case. That banning the burqa and limiting women’s freedom of religious expression in order to promote gender equality is in no way a solution to the problem, a problem that the Western world has created.

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Jasmine Jaber References

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Bernard-Henri Lévy argues (2010) Why I support the ban on burqas, The Huffington post, viewed 7 September 2013 http://www.huffingtonpost.com/bernardhenri-levy/why-i-support-a-ban-onbu_b_463192.html

Chesler, P. (2010) ‘Ban the Burqa? The Argument in Favour’ The Middle East Quarterly, vol. 17, no.4, pp. 33-45.

Cory Bernardi (2010) For Australia's sake, we need to ban the burqa, The Sydney Morning Herlad, viewed 7 September 2013 http://www.smh.com.au/federal-politics/society-and-culture/for-australiassake-we-need-to-ban-the-burqa-20100506-ubun.html#ixzz2jSpRfWTE

Morgan, D. L. (1997) Second Edition, Focus Groups as Qualitative Research. London: Sage.

Ruitenberg, C. W. (2008) ‘B Is For Burqa, C Is For Censorship: The Miseducative Effects of Censoring Muslim Girls and Women's Sartorial Discourse’, Educational Studies: A Journal of the American Educational Studies Association, vol.43, no.1, pp. 17-28.

Schyff, G. & Overbeeke, A. (2011) ‘Exercising Religious Freedom in the Public Space: A Comparative and European Convention Analysis of General Burqa Bans’, European Constitutional Law Review, 7, pp. 424-452.

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Jasmine Jaber Bibliography

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Ismail, B. (2010) ‘Ban the Burqa? France Votes Yes’, The Middle East Quarterly, vol. 17, no.4, pp. 47-55.

Kilic, S., Saharso, S. &Sauer, B. (2008) ‘Introduction: The Veil: Debating Citizenship, Gender and Religious Diversity’, Oxford Journals: Social Politics, vol. 15, no.4, pp. 397-410.

Leane, G. W. G (2011) ‘Rights of Ethnic Minorities in Liberal Democracies: Has France Gone Too Far in Banning Muslim Women from Wearing the Burka?’, Human Rights Quarterly, vol. 33, no. 4, pp. 1032-1061.

Lorasdağı, B. K. (2009) ‘The Headscarf and ‘Resistance Identity-Building’: A Case Study on Headscarf-Wearing in Amsterdam’, Women’s Studies International Forum’, Vol.32, no.6, pp. 453-462.

Women arrested after burqa ban (2010), SBS, viewed 7 September 2013 http://www.sbs.com.au/news/article/2011/04/11/women-arrested-afterburqa-ban

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