Long-time friends stayed with us overnight on Friday and we had a great "catch up" visit after years without seeing each other. When we first met them he was a hard-working young lawyer. For the past year he has been a hard-working judge, "learning the ropes" of a demanding new profession.I had lots of questions, including his thoughts about women coming into his courtroom wearing the niqab, the full head and face covering often associated with Islam. I say "often associated" because there are many Muslim scholars and faithful followers who insist that there is nothing in the Koran which requires women to don this garb. He reminded me that the decision in Ontario was that each judge could respond to the wearing of the niqab on a case-by-case basis. He pointed out that as a judge it is important to know that the accused person or person in the witness chair is who they say they are, a simple fact that is much harder to establish when all that is visible is their eyes.
I have mixed feelings on this one. On the one hand I believe in the freedom of religion, including what we might consider unusual dress because of our Western predispositions. On the other hand I don't want anything to happen which might impede justice being done. And I'm not so sure that the niqab is a necessary aspect of Islamic religious expression. It feels more like repression to me.
What has your reaction been as various jurisdictions have wrestled with this one? Is it clear-cut for you, or are you dithering like me?
7 comments:
It's not clear-cut for me either. I do believe that they can repress women and that may have been why they were originally created. But I also know that there are women who choose to wear it. From what I've read (and that is not much), women feel safe within the obscurity of it. No one can see them.
This would say a lot though about the culture in which they live. Is it safer to be hidden than to be visible?
Next week, at church we are talking about the masks we all wear, but how the Divine can see right through those masks to what is underneath, our true selves. We all wear masks, whether made of cloth or not. I do believe that there are times a judge needs to see the person that is on the stand and I believe it can be done sensitively, but I'm sure that even without a niqab, it can be difficult to see who a person really is.
I just read a book also, Deb, where the woman first wore the niquab on her husband's insistance but then found she felt "safe" by its cover. I found this interpretation, although fiction, did soften my feeling of resistance to this tradition, which can seem degrading to women to my western eyes.
In our ever more complicated world, there seem to be so many stumbling blocks to justice.
If I were the judge, I think I would want to see the full face.
Thanks for both of these responses. You both add to my thoughts that we can't always assume that our values and presuppositions can be imposed on those who come from other cultures.
Our judge friend who was with us for the weekend mentioned that his "home" courthouse now has a room for the testimony of a child. It is away from the courtroom so questioning can happen with just a lawyer and support person present. The judge can see what is unfolding via closed circuit TV. Something similar in this situation?
I find it clear as spring water. This is oppression. This is a practice from a religion that requires women to cover themselves. We dont allow creationism in our schools because it doesn't belong in a learning environment. It is a false belief that comes from an old religion. This to is an idea based in a religion that lends itself to extremism and violence. I do not respect any religion because religion is affront to reason and science. And religion has a very poor track record when it comes to women and their rights as human beings. Is it a choice? Absolutely not when it come to young girls who grow up with this ideology. Only someone indoctrinated in a belief system would do something that goes against all natural instinct. If someone chooses as an adult, then I suppose they have a right to do so. But I would argue once again why religion is absurd for this very reason. their is notning devine, holy, spiritual or natural about this practice. This is the opposite of love because it is based in fear and control.
eu acho lindo essas vestes mais acho que não é necessario cobrir tudo acho que usar um hijab ta bom não ira cobrir o rosto todo sou uma brasileiro que acho interessante as muçulmanas mais sei que eu não aturaria por muito tempo com burca ou o xador e acho que todos nós devemos ter liberdade
Burka or Niqab, I think you mix them up.
BTW, neither of them has my blessing ;-)
An unidentified walking object in a courtroom or any public building should be a matter of concern.
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