Muslim pupil loses legal battle to wear jilbab

[Guest]

Sam Jones
Wednesday June 16, 2004
The Guardian

A 15-year-old Muslim girl yesterday lost her high court battle for the right to wear strict Islamic dress to school.
Shabina Begum has not attended Denbigh high school in Luton since September 2002 when she was sent home for turning up in a jilbab - the full-length gown worn by many Muslim women that covers all of the body except the face and hands.

Shabina's claim that she had been "constructively excluded" from her school was dismissed by Mr Justice Bennett. He said the school's refusal to let her wear the jilbab did not breach her right to education and freedom of religion as laid down in the European convention on human rights.

The school, a 1,000-pupil comprehensive where almost 80% of pupils are Muslim, said it had a flexible uniform policy to ensure that the religious and cultural sensitivities of its students were respected. Girls have the option of wearing trousers, skirts, or a shalwar kameez (trousers and a tunic).

Simon Birks, appearing for the school, said Shabina had never been excluded but had stayed away. He said Denbigh did not let pupils wear the jilbab because it could create the impression that those who wore one might be regarded as "better Muslims" than those who wore the shalwar kameez, and because pupils wearing the jilbab ran the risk of "tripping and slipping".

Turning down the application for a judicial review, Mr Justice Bennett said: "It seems to me unrealistic and artificial to say that the claimant's right to education has been denied in the particular circumstances of this case."

He said Shabina had been happy to wear the school uniform for two years but had abruptly changed her mind, putting the school in a difficult position: it wanted her to come back but she felt unable to do so because of her religious beliefs.

After the hearing, Iqbal Javed, a solicitor speaking on behalf of the school and local education authority, said: "Denbigh high school's uniform was agreed by the governing body after wide consultation and pupil involvement. Its appropriateness for Muslim students was recently reiterated by the local council of mosques. Naturally we are pleased the court has upheld our policy."

But Yvonne Spencer, Shabina's solicitor advocate, said her client was "devastated" and that there was now no possibility of her returning to Denbigh: "The family has expressed their view that the decision does not help to integrate Muslims into our society.

"The point remains that Shabina has been out of education for two years. Shabina is a hard-working, exemplary pupil and it's important to the family that she finds a new school place as soon as possible."

Tahir Alam, chairman of the education committee of the Muslim Council of Britain, said his organisation was "very surprised and concerned" by the judgment.

"The Muslim community in this country is very diverse and different ways of dressing are open to interpretation. In this case, [Shabina] felt she had a right to wear the jilbab. That sort of thing should be accommodated at school."

[star_munir]

Shanbina Begum not attended school why?? wearing purdah is obligatory and education is nothing.

Prophet Muhammad [PBUH] To get knowledge is obligatory to every muslim men and women.

Infact Islam says for getting education if you have to go to china than even go there so why she not go or is not allowed to go school without purdah or hijab.

Whats the problem in wearing Shalwar kameez or skirt blouse or pant shirt??? Wearing burkha is infact a socila evil and its good step that it is not allowed in schools.

[Guest]

Shanbina Begum not attended school why?? wearing purdah is obligatory and education is nothing.

Prophet Muhammad [PBUH] To get knowledge is obligatory to every muslim men and women.

Infact Islam says for getting education if you have to go to china than even go there so why she not go or is not allowed to go school without purdah or hijab.

Whats the problem in wearing Shalwar kameez or skirt blouse or pant shirt??? Wearing burkha is infact a socila evil and its good step that it is not allowed in schools.

I agree with you 100%. My understanding is that in Muslim World Religion is more important than education!

[kmaherali]

It is sad that our fellow Muslim sister is deprived or depriving herself of an opportunity for education. Living in a pluralistic environment gives an individual the strength to discard elements in ones faith which are outdated or unreasonable. In my opinion purdah is such an element.

The other issue is the respect for law and institutions. I think when a muslim finds that he /she cannot practise his/her interpretation of faith, than this person should either leave the country or practice Taqqiyah as has been done by our Tariqah at various points in our History.

[Guest]

The following is what Mowlana Sultan Muhammad Shah said on purdah.

Pardah, as now known, itself did not exist till long after the Prophet's death and is no part of Islam. [K.K. Aziz p. 211]