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Judge orders Muslim women to remove burka in Court

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Ban the Burka
The law comes before any religion, if she doesn't like it then she should be charged with contempt of court.
Reply 22
felamaslen
John Stuart Mill


I'm a Muslim. I agree with the judge.

As someone already said, the niqab is not part of the religion per se, ie it isn't something that is instructed - as opposed to hijab. Niqab is a choice, or may be implemented as a result of tradition or societal norms.

Compromising the judge's ability to exam the individual may compromise the chance of doing justice.


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(edited 10 years ago)
This is the problem we have which comes from treating all religions equally. Our society treats the wearing of the Islamic veil as "equal" to a turban or cross, when really it is obviously a lot more intrusive and a lot more divisive for that reason.

Of course I am not advocating preventing people from wearing veils, but it should not warrant nearly as much respect for "religious sensitivities" as it gets, and should not be treated in the same way as a cross (which is nothing more than a necklace) or a turban (which is nothing more than a hat).
Original post by TheMoho
As a Muslim girl who covers herself from head to toe, I have had just enough of hearing Muslim women saying that the Burkha is part of their religion.
This is so stupid... There is literally no Islamic teaching telling women to cover their face. They're simply making excuses.
The burkha is not an Islamic requirement. It's simply a piece of cloth which Arabs have traditionally worn throughout history and if it's going to interfere with the security of the court system in 21 CENTURY UK, then this women needs to come up with a better excuse than ''oh it's part of my religion'' because it simply isn't.


Everyone should be permitted their own interpretation of their own "religion". If she sincerely believes it is part of her religion, then should be allowed to believe that.

I think the problem comes down to how British law courts should work - should a jury rely only on facts, or should they be allowed to make decisions coloured by their own perceptions of a person's appearance?
Original post by John Stuart Mill
no that pseudoscience can lead to incorrect sentencing and jury bias


I think everyone should be made to wear a burka in court. It would eliminate the 'halo effect'.
Reply 26
Original post by TheMoho
As a Muslim girl who covers herself from head to toe, I have had just enough of hearing Muslim women saying that the Burkha is part of their religion.
This is so stupid... There is literally no Islamic teaching telling women to cover their face. They're simply making excuses.
The burkha is not an Islamic requirement. It's simply a piece of cloth which Arabs have traditionally worn throughout history and if it's going to interfere with the security of the court system in 21 CENTURY UK, then this women needs to come up with a better excuse than ''oh it's part of my religion'' because it simply isn't.


I have no opinion or knowledge of whether face covering is a proper part of Islam or not, but I also think all religious beliefs are valid. If they believe it to be part of their religion, it is, even if that is in contradiction to mainstream Islam.

That said, just because it's a valid religious belief, it doesn't mean it's always reasonable to be allowed to practice it. I'm against calls to ban burkas, niqabs, etc. in general, but I also don't think the rest of society should have to bend over backwards so people can wear them in all circumstances. I think this is a clear case of that.
Original post by John Stuart Mill
The court considers evidence; if the information to the questions given is consistent that she can 'hide' is irrelevant because if she's lieing and we have substantial evidence to convict her then it doesn't matter anyway, we can't just speculate on the basis of body language which is often wildy inaccurate and leads to bias.


Sorry, but the whole process of cross-examination and questioning in court is about assessing both the precise words used and the demeanour of the witness in order to establish credibility. Again, it would be farcical to allow someone the option of having their testimony and responses to questions by counsel read by another, which is where your logic leads us.

New Zealand judgment '...there are types of situations in which the demeanour of a witness undergoes a quite dramatic change in the course of his evidence. The look which says “I hoped not to be asked that question”, sometimes even a look of downright hatred at counsel by a witness who obviously senses he is getting trapped, can be expressive. So too can abrupt changes in mode of speaking, facial expression or body language. The witness who moves from expressing himself calmly to an excited gabble; the witness who from speaking clearly with good eye contact becomes hesitant and starts looking at his feet; the witness who at a particular point becomes flustered and sweaty, all provide examples of circumstances which, despite cultural and language barriers, convey, at least in part by his facial expression, a message touching credibility.'
Reply 28
Original post by Psyk
I have no opinion or knowledge of whether face covering is a proper part of Islam or not, but I also think all religious beliefs are valid. If they believe it to be part of their religion, it is, even if that is in contradiction to mainstream Islam.

That said, just because it's a valid religious belief, it doesn't mean it's always reasonable to be allowed to practice it. I'm against calls to ban burkas, niqabs, etc. in general, but I also don't think the rest of society should have to bend over backwards so people can wear them in all circumstances. I think this is a clear case of that.


Yes.
Original post by Hannibal Lecter
Sorry, but the whole process of cross-examination and questioning in court is about assessing both the precise words used and the demeanour of the witness in order to establish credibility. Again, it would be farcical to allow someone the option of having their testimony and responses to questions by counsel read by another, which is where your logic leads us.

New Zealand judgment '...there are types of situations in which the demeanour of a witness undergoes a quite dramatic change in the course of his evidence. The look which says “I hoped not to be asked that question”, sometimes even a look of downright hatred at counsel by a witness who obviously senses he is getting trapped, can be expressive. So too can abrupt changes in mode of speaking, facial expression or body language. The witness who moves from expressing himself calmly to an excited gabble; the witness who from speaking clearly with good eye contact becomes hesitant and starts looking at his feet; the witness who at a particular point becomes flustered and sweaty, all provide examples of circumstances which, despite cultural and language barriers, convey, at least in part by his facial expression, a message touching credibility.'


This. There's plenty of psychological and criminological research papers to support what you're saying. Facial expressions are extremely important in court, as is appearance (whether it is right or wrong to judge on appearance, it happens).
Original post by Freier._.lance
Everyone should be permitted their own interpretation of their own "religion". If she sincerely believes it is part of her religion, then should be allowed to believe that.

I think the problem comes down to how British law courts should work - should a jury rely only on facts, or should they be allowed to make decisions coloured by their own perceptions of a person's appearance?


Credibility is a vital part of English law and as my quote from the New Zealand case shows - demeanour can inform (but not necessarily conclude) someone's credibility.
Quite right. People shouldn't get special privileges just because they believe that they should.
Reply 32
In Shariah she would have to remove it anyway (in the case of giving a testimony etc.), so not sure why this is making headlines? Daily Mail I guess...

Original post by TheMoho
As a Muslim girl who covers herself from head to toe, I have had just enough of hearing Muslim women saying that the Burkha is part of their religion.
This is so stupid... There is literally no Islamic teaching telling women to cover their face. They're simply making excuses.
The burkha is not an Islamic requirement. It's simply a piece of cloth which Arabs have traditionally worn throughout history and if it's going to interfere with the security of the court system in 21 CENTURY UK, then this women needs to come up with a better excuse than ''oh it's part of my religion'' because it simply isn't.


Don't take this personally, but I don't think you really know what you're talking about.

There is Ikhtilaf on the issue, some scholars believe it's obligatory, some don't [there's evidence within Islam for both sides of the argument]. Just because you follow the scholars who say it's not an obligation, doesn't mean you can talk down on women who choose to follow the scholars that say it is an obligation.

Honestly is sad when I see Muslims insult/belittle women just because they wear the burka (99% of the time, them having done little research on the issue).
(edited 10 years ago)
it's pretty stupid of her imo, she doesn't have to wear it, it's optional!
judge was right in this case
Reply 34
Original post by Al-Mudaari
In Shariah she would have to remove it anyway (in the case of giving a testimony etc.), so not sure why this is making headlines? Daily Mail I guess...



Don't take this personally, but I don't think you really know what you're talking about.

There is Ikhtilaf on the issue, some scholars believe it's obligatory, some don't [there's evidence within Islam for both sides of the argument]. Just because you follow the scholars who say it's not an obligation, doesn't mean you can talk down on women who choose to follow the scholars that say it is an obligation.

Honestly is sad when I see Muslims insult/belittle women just because they wear the burka (99% of the time, them having done little research on the issue).



Sorry. It was just because I have never seen a part in the Quran where it tells women to cover their faces. Sorry again.
Original post by Hannibal Lecter
Credibility is a vital part of English law and as my quote from the New Zealand case shows - demeanour can inform (but not necessarily conclude) someone's credibility.


Just for arguments sake. What if someone's demeanour is incorrectly interpreted? That can lead to an incorrect outcome.
Original post by Freier._.lance
Just for arguments sake. What if someone's demeanour is incorrectly interpreted? That can lead to an incorrect outcome.


I can't remember the process but it's much more complex than a dodgy demeanour leading to conviction or acquittal.
It was narrated that Ibn Umar (RA) said, "A man stood up and said: O Allah's Messenger (PBUH)! What garments do you command us to wear in Ihram?" Allah's Messenger (PBUH) said, "Do not wear shirts or pants, or Imamahs (i.e. turbans), or burnouses, or Khuffs (socks) except if someone does not have sandals in which case let him wear Khuffs that come below ankles. And do not wear any garment that has been touched by saffron or wars. And women should not cover their faces when in Ihram, nor wear gloves."

(Hadith No. 833, Chapters on Hajj, Jami' At-Tirmidhi, Vol. 2; Hadith No. 2674, Book the Mawaqit, Sunan An-Nasa'i, Vol. 3)
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Even Muhammad has, according to hadith, at some point ordered women not to cover their faces. So logically, it should also be applicable in important circumstances such as in court as well as Ihram.
(edited 10 years ago)
Reply 38
Original post by TheMoho
Sorry. It was just because I have never seen a part in the Quran where it tells women to cover their faces. Sorry again.


Sorry if I sounded annoyed or anything, I didn't mean it like that.

The women who do wear it, do it because the wives of the Prophet (peace be upon him) wore it, and they believe they should try to emulate them. Scholars who are proponents of this argument [for example, those who follow the Hanbali School of thought], also believe there are some ahadith which indicate (indirectly) that women in general did observe the niqaab. [An example of a hanbali scholar who believes it is obligatory and why]

However, other scholars obviously disagree [such as scholars who follow the Maliki school of thought], and say that it was more cultural than an obligation, and the face/hands are not awrah (intimate body part). They use hadith as evidence as well, which they believe shows (indirectly again) that not all women wore niqaab thus it's not necessary.

So you have these disagreements amongst Muslims, which are completely valid, which is why we should respect a woman if she believes niqaab is obligatory for her, but also respect a woman who doesn't believe it's obligatory but instead believes Hijaab is. Thus, we shouldn't impose our own interpretations on others when there are clear disagreements within theology in regards to it.

ps. You'll also find some scholars make excepts for women in the west on the basis of "abuse" (difficulties in life due to wearing it in western society that may not be so accepting etc.) I don't personally agree with this, but just thought I'd mention the exception some scholars have who believe it is in general obligatory.
(edited 10 years ago)
Reply 39
Good on him. In a court of law, nobody should get special privileges because of their religion. And I say this as a religious Christian.

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