Last month, Asifa Quraishi-Landes and Nadia B. Ahmad published an article in the Washington Post discussing five common misconceptions about the ḥijāb. In addition, Zubair Abassi was quoted in an Al Jazeera article on the experiences of Pakistani women seeking divorces in the country’s family courts. (See also Abbasi’s 2017 SHARIAsource commentary comparing women’s right … Continue reading Islamic Law Scholars’ Round-Up: Apr 8
Asim Jusic’s recent article in the Oxford Journal of Law and Religion examines a December 2017 ruling by the European Court of Human Rights concerning state limitations on religious symbols. “An (Un)Exceptional Case: Strasbourg’s Court Reserved Nod to Religious Symbols in the Courtroom” In Hamidović v. Bosnia and Herzegovina, the Court found that convicting a … Continue reading Recent Scholarship: European Court of Human Rights Ruling on Religious Symbols
The latest issue of the Journal of Law and Society includes an article about the relationship between colonialism and modern-day French laws against Muslim women's dress: "Of Bodies and Burkinis: Institutional Islamophobia, Islamic Dress, and the Colonial Condition" by Brayson Kimberley Excerpt: "Shifting legal justifications of gender oppression and national security simultaneously obfuscate and … Continue reading Recent Scholarship: Burkinis and Islamophobia; LGBT Rights at the OIC
In this article from the Netherlands Quarterly of Human Rights, Eva Brems, Saïla Ouald Chaib, and Katrijn Vanhees discuss the status of the "burkini" (body covering swimwear) under Belgian law and policy. "'Burkini' Bans in Belgian Municipal Swimming Pools: Banning As a Default Option" Following the French commotion on the presence of “burkini” wearers at … Continue reading Recent Scholarship: “Burkinis” in Belgium
Two weeks ago, the UN Human Rights Committee (which oversees compliance with the 1966 International Covenant on Civil and Political Rights) declared that France’s ban on full-face veils violates freedom of religion. According to the 2010 French law, “No one may, in a public space, wear any article of clothing intended to conceal the face.” … Continue reading In the News: Islamic Veils in France
Last month, the legal and political debate in Europe over Muslim headscarves was reignited after Denmark began implementing a ban on wearing burqas in public, and former UK foreign minister Boris Johnson said that women who wear burqas look like “letter boxes” and “bank robbers.” In the US, the headscarf has been debated by courts … Continue reading In the News: Headscarves
Guest contributor Sara Silvestri examines the latest in the recent developments of the European headscarves debate. This article was originally published on The Conversation. Read the original article. Wearing a headscarf to work may become harder in some professions. via http://www.shutterstock.com Sara Silvestri, City, University of London Employers across Europe have been given the green light … Continue reading Freedom of Religion Under Threat Across Europe After EU Court Rules Employers Can Ban Headscarves
Guest contributor Jennifer Selby answered this two weeks ago in her earlier post on the Rania El-Alloul case in Quebec. There, she concluded that, "So, for the time being, yes, a Quebecois provincial judge can dictate religious attire in her courtroom. However, we must wait to see how El-Alloul’s case for clarification unfolds to see whether judges will continue to set these … Continue reading CASES TO WATCH (UPDATE):: Can a Judge Determine Acceptable Religious Attire in a Quebec, Canada Courtroom?
Guest contributor Jennifer Selby uses the recent case of Rania El-Alloul in Quebec, Canada to situate an ongoing debate at the intersection of secularism and religious freedom. Citing her courtroom as a "secular space," Quebec provincial court judge Eliana Marengo dismissed Rania El-Alloul from her courtroom for wearing a hijab. Selby examines the legality of this action by appealing to … Continue reading CASES TO WATCH: Can a Judge Determine Acceptable Religious Attire in a Canadian Courtroom?
Editor-in-Chief Intisar Rabb comments on guest writer Erica Howard's discussion of the ECJ's forthcoming decision. Guest writer Erica Howard discusses the decision facing the European Court of Justice on two cases concerning headscarves worn by Muslim women at work in Belgium and France, respectively, in accord with their beliefs and practice of Islamic law. Two advocates general heard the … Continue reading CASE WATCH: The ECJ Reviews Opposite Decisions of Employment Discrimination over Wearing Headscarves: What’s at Stake?