Banning the burqa veils the real issues

The French National Assembly has voted 336 – 1 to approve a law that would prohibit Muslim women from wearing complete covering, popularly referred to as a burqa, in public.  The issue raises questions of religious freedom and the status of women and minorities throughout Europe. A recent Pew poll, not surprisingly finds that a majority of Americans would oppose such a ban. As others have noted, this attitude is a reflection of the fundamental American principles of personal and religious freedom.

What gets lost in the highly politicized discussions of the burqa, which is often referred to in the media as “the full Islamic veil,” is the status of veiling in Islam, whether head covering or complete veiling. The reality is that Muslims do not agree on the issue of “the veil” because the both the Quran and the Prophetic Traditions (Hadith) are vague and leave a great deal of room for interpretation. What is agreed on by Muslims is that the Quran requires sexual modesty for both men and women.

Quran 24:30 Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is aware of what they do.

Quran 24:31 And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands' fathers, or their sons or their husbands' sons, or their brothers or their brothers' sons or sisters' sons, or their women, or their slaves, or male attendants who lack vigour, or children who know naught of women's nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed. (Pickthall Translation)

The part of the body that mentioned specifically in verse 31 is not the head or face, but the bosom. Moreover, the original, literal meaning of the Arabic word translated as “veil” is “anything which covers something.” Based on a literal reading of the Quran, there are Muslim women who argue that head covering is not mandated in the Quran, let alone face covering. Those who are disposed to a more popular, non-literal meaning argue that the veil mentioned is a head covering that should be drawn across or lowered to cover the bosom as well. Those who argue in favor of complete covering that includes the face, or hands and face, make the claim that this was the practice of the wives of the Prophet Muhammad. However, there is no documentary evidence in the Prophetic traditions to support this. Additionally, Muslim women are prohibited from covering their faces during the mandatory Pilgrimage to Mecca because such covering is considered a status symbol practiced by the wealthy and the elite. Because all believers are equal in the sight of God, any distinction in rank or status is forbidden on the Pilgrimage. This is further indication that such full veiling is not religiously required. Rather, it is one way in which a minority of Muslim women choose to express their identity in response to the Quran’s call for modesty.

The problem with burqa bans and the discussions surrounding them is that they privilege the interpretation and practice of a small minority of Muslims, while completely ignoring the interpretations and practices of others. Then, after having privileged the minority of the minority, secular lawmakers take it upon themselves to outlaw the practices of that minority. This not only denies Muslims freedom of conscience and action, but also forces on them a particular definition of Islam itself, one on which Muslim scholars and lay people have never agreed.