Burqah Issue

By Rafique Ahmed Mangrio

This is in response to Yasser Latif Hamdani’s article “Sarkozi is right! Burqah is Not an Islamic Requirement.”

In the contents of this sentiment, there are two questions as discussed.

Is the Burqah Islamic Requirement?
Does the French Republic right to ban the Burqah?
Generally all the Muslim jurists have recognized that hijab in Islam is obligatory but they have different opinions on the limitation of Hijab/Pardah. Some of them say that whole body of woman should be covered without any exception and some of them have described exception of various organs (i.e to cover the face is not obligatory) but other organs of woman body should be covered. All of them have opinion on the bases of rules diverted from Quran, Sunnah and Qiyas. i.e.

[7:26] “O children of Adam, we have provided you with garments to cover your bodies, as well as for luxury. But the best garment is the garment of righteousness. These are some of GOD’s signs, that they may take heed.”

This is the BASIC rule of DRESS CODE in the Quran and the first rule in WOMEN DRESS CODE in Islam.

The second rule can be found in 24:31. Here God orders the women to cover their bosoms whenever they dress up. But before quoting 24:31 let us review some crucial words that are always mentioned with this topic, namely “Hijab” and “Khimar”

However this is not a complicated issue; whatsoever this is religious issue. In a secular state its boundary only the religion not the whole system of the state.

The second issue is Important because it is related to the rights, we may say it the religious right, moral right, civil right, or political right it is understood that rights of human have no boundaries. The main purpose and the duty of any state are to protect the rights of people provided them by constitution, society or any other source.

The constitution of France, Adopted 28 September 1958, witnesses,

Preamble

The French people solemnly proclaim their attachment to the rights of man and the principles of national sovereignty as defined by the declaration of 1789, confirmed and complemented by the preamble to the constitution of 1946.

By virtue of these principles and that of the self determination of peoples, the republic offers to the overseas territories that express the will to adhere to them new institutions founded on the common ideal of liberty, equality, and fraternity and conceived with a view to their democratic development.

1. France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before Law, without distinction of origin, race or religion. It shall respect all beliefs.

ON SOVEREIGNTY

2. The language of the Republic shall be French.

The national emblem shall be the blue, white and red tricolour flag.

The national anthem shall be La Marseillnise..

The motto of the Republic Shall be “Liberty, Equality, Fraternity”.

Its principle shall be: government of the people, by the people and for the people.

3. National Sovereignty shall belong to the people, who shall exercise it through their representatives and by means of referendum.

No section of the people nor an individual may arrogate to itself, or to himself, the exercise thereof.

Suffrage may be direct or indirect as provided by the Constitution. It shall always be universal, equal and secret………..





The President of the Republic

5. The president of Republic shall see that the Constitution is observed. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuity of the state.

He shall be the guarantor of national independence, territorial integrity and observance of treaties.

16. Where the institutions of the Republic, the independence of the nation, the integrity of its territory or the fulfillment of its international commitments are under serious and immediate threat, and where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take the measures required by these circumstances, after formally consulting the Prime Minister, the Presidents of the assemblies and the Constitutional Council.

First article of the constitution shows it as secular ,democratic and social Republic state, which means that it has not particular religious affiliation or do not belong to a particular religious denomination. It is characterized by or advocating or based upon the principles of democracy or social equality. Same article demonstrate that it shall respect all beliefs.

If the burqah is related to the belief of Muslims and it is not violation of any law or constitution or any right of other individual, than why it should be prohibited. According to constitution here is demand to respect of all beliefs.

The Second article of the constitution proves the motto of the Republic that it shall be “Liberty, Equality, Fraternity”. Its principle shall be: government of the people, by the people and for the people.

There is not equality in case of ban on various traditions cultures custom or any religious practice and no question of following the principle “government of the people, by the people for the people”.

Third Article delineates that no section of the people nor an individual may claim or seize without right; appropriate (to oneself) arrogantly. The fifth article makes president of republic responsible for the observance of constitution that it should be in practice. The sixteenth article describe power of the president where the proper functioning of the constitutional public authorities is interrupted, the President of the Republic shall take the measures required by these circumstances.

Burqah is not a something which interrupts the functions of constitutional public authorities.

Further more can we predict that the French state ideology is “Laicete” secularism, so French Republic has right to ban on Burqah or any other object like this? Secularism may have two distinct meanings.

1. It asserts the freedom of religion, and freedom from religion, within a state that is neutral on matters of belief, and gives no state privileges or subsidies to religions.
2. It refers to a belief that human activities and decisions should be based on evidence and fact, and not superstitious beliefs, however devoutly held, and that policy should be free from religious domination.

In respect of this meaning if any word with its actual meaning is very apparent and understandable we can not implement it with our own sense and ideas and can not fix its boundries especially when those boundries ideas and views became the reason of violation of rights of any individual or group of peoples living in the society. The wrong action of any individual or state may not be an ideal principal or examples for others. However the ban of French Republic is the violation of its own constitution and rights of individuals provided them by The Republic in the light of Constitution. The security risk is not hidden only in Burqah.