French Muslims and the Legal Playground

The Burqa question or “when a government fails, shift attention with a debate”
« Each person should be able to wear whatever he or she likes. This fight against all visible signs of the Muslim faith is becoming utterly infuriating (…) Allow me to laugh, one out of three French women die from domestic violence, women’s salaries are lower than their male counterpart, women are turned into sexual objects by men who take porn actresses as the ideal woman; but we can’t find anything better than pointing fingers at women wearing the “niqab”. But by the way, how many women do really wear it? What kind of threat do they represent? Don’t we have far more important social problems than this “niqab”? (…) It is not the fabric which is being targeted but the Muslim woman and the Muslim man”.
This is the reaction of a Muslim woman to the recent row in the French landscape regarding women wearing a total veil over their faces. French MP’s from the right and the left have called for an inquiry which should call or not for a law banning the veil.
After the heated debate over the Islamic veil, another controversy has brought back the finger pointing game towards the French Muslim community to life.
With regards to the reaction of some MP’s and journalists in France, one can only argue that it is the French’s interpretation of this piece of fabric that is heating the debate. The “niqab” has been associated with the Afghan “burqa”, a symbol, in France, of the Taliban regime’s oppression of women. .
Hiding behind the feminist cause, France is showing yet again that it can be challenging to be different. In a time when veiled Muslim women are becoming members of parliament as in Belgium and even advisors to the US President, France fails to accept its own citizens as part of it, regardless of their personal choices.
Seen from the outside, France’s choice to ban the Muslim headscarf is a unique case in the western world. The usefulness of such a ban is still being questioned as civic liberties are being restrained in the name freedom itself.
If there were a few women wearing the “hijab”, there are even less women wearing what is called “the niqab”. In all polls and inquiries lead by newspapers and mediators, “niqab” wearing women declared it was a personal choice and that no one had obliged them.
“Le Monde” a mainstream French newspaper had interviewed brought forward the case of French woman that had converted to Islam and whom choose to wear the “niqab”. Her reaction towards this new parliamentary inquiry was of fear and disarray as she may be forced to take it off. Trying to move to a different country seem impossible for her and her husband, and sees this as a denial of her right to practice her religion as she understands it.
The same newspaper interviewed several other Muslims regarding the “niqab” question. Women who answered the newspapers’ questions vehemently denied the accusations that they were obliged to wear it. One of the persons interviewed went even further by saying “Freedom of choice is granted to everyone in France…but the Muslims”.
The context in which this debate is being held is disturbingly the same as the one that prevailed in 2004 when first anti-hijab law was voted. Under the unpopular Raffarin administration, France’s economic situation was nearing recession. Despite Chirac’s popular stance against the war in Iraq, the domestic situation saw a rising discontent and questioning of the current administration’s policies. While thousands took to the street regarding retirement or public funding of schools issues, the debate on the Islamic veil reunited the ranks and consensus was reached as to a ban from public schools.
The exact same thing is happening today. France is finding itself in recession, yet again. President Sarkozy’s choices are being questioned and rival political parties are questioning whether he is still in charge or not.
It did not take long before finding an issue that will reunite the ranks again and shift attention from the country’s real problems such as sky rocketing unemployment rate, the country’s debts, France’s position in the European Union or whether public institutions such as Universities will end up being privatized.
Debates regarding the French Muslim community are the only ones that see unify the French political landscape. Anything can be debated, but when it comes to banning the veil, the burqa and even facial hair –as former Education Minister had suggested it-, supporters are not missing.
Some have even argued that since it is mandatory to be veiled in Saudi Arabia or Iran, France must have the right to impose a dressing code on Muslims. What is being ignored is that France’s Muslims are not from Iran or Saudi Arabia and do not represent those countries and are not represented by them. Islam cannot be identified as one specific country. Those French Muslims are French and have been French for decades.
Another argument brought forward is the ban on the Islamic veil in countries such as Tunisia or Turkey. This is another way of linking Muslims with foreign countries so they are seen foreign aliens and should only be identified as such or even worse, as a threat.
Yet again, France’s integration model is tearing apart. In the name of “saving the French Republic”, a handful of women who choose to wear whatever they please are being put under the spotlight as either victims of a dark ideology or the ambassadors of Islamic fundamentalism. And if they fail to fit either one of those two categories, those women should be saved against t their own will, because they do not know what is best for them.
The “niqab” in question is not adopted by a majority of Muslims. Some choose to wear it while others wear the more common “hijab”. The majority of scholars agreed on the fact that it is not a religious obligation. Choosing to wear it boils down to a personal choice and the freedom of religion, human rights and tolerance France tries to sell to the world proved to be forgotten in the case of Islamic apparels.
The feminist struggle for women emancipation is becoming less convincing as personal choices do not weigh much in the balance. The majority denies the right for others to be different. Whether the niqab infuriates, scares or raises questions does not give anyone the right to push for a law to ban it.
Asked on whether a law should be voted against the “niqab” or what French media like to call the “burqa”, Hamida A, Teacher in French literature replies « I consider women wearing it to be free to do so. It is their understanding of their religion, and in the end, they do not bother anyone. We are supposed to live in country whose values are based on tolerance and freedom of religion. This law is a serious obstacle to civil liberties”.
France prohibits ethnic based surveys, but it is generally believe that the country is home to some 5 million Muslims which makes Islam the second religion in the country. There are now French Muslims of the 5th generation but they are still seen as foreigners.  While most of them are from North African and Sub-Saharan descent, the number of new converts has been on the rise for the last 20 years.
Yasser Louati