Friday, September 25, 2015

A Few Thoughts On The Niqab, The Canadian Election, and Our Rights As Canadians

By Fareed Khan

There was another election debate last night.  And the moment when the leaders seemed to become the most agitated was when the issue of the niqab was raised.  Apparently more than 80% of Quebecers feel that it should be banned and that Muslim women should show their face in public even if they sincerely believe that as part of their faith they have to cover it. As a result Stephen Harper has decided to make this a campaign issue and cater to the whims of the majority on an issue of one of the fundamental freedoms protected in the Canadian Constitution.

Now as a Muslim I am not a fan of the niqab.  I do not believe that it is religiously mandated in the Quran or according to the traditions of the Prophet Muhammad.  There are even Islamic scholars who have written that it is not something that is a core part of being a Muslim (do a Google search and you will easily find those opinions).  The only reference in the Quran that refers to how Muslims dress is that all Muslims (men and women) should dress modestly.  For many that interpretation means that they have to dress in a fashion that covers their bodies from the neck down, while others believe that their head should also be covered.  But some have taken it to the extreme and feel that their face should be covered also as a practice of their faith.  They do this because there are a small minority of Islamic scholars who follow the ultra-conservative Wahabist interpretation of Islam originating in the Arabian Peninsula who have said that women covering their face is a part of Islamic practice.

I and a majority of other Muslims don't agree with that last interpretation.  However, it is not up to me (or anyone else for that matter) to tell someone else how to practice their faith as long as that practice does not infringe on my protected rights or the rights of other Canadians as outlined in the Canadian Charter of Rights and Freedoms.

We all have to realize that faith is not a static thing.  It is something that evolves.  All three Abrahamic faiths (Christianity, Islam and Judaism) have evolved since they were founded.  They are not practiced today as they were centuries ago.  And in the last several decades Islam has also been going through an evolution in some parts of the world (the fact that it is evolving in a more conservative direction is immaterial).

And this is where the wearing of the niqab comes in.  In some parts of the Muslim world that comprises over 1.6 billion people there is a small minority who believe that a woman covering her face is a fundamental part of being a Muslim.  It is controversial even among Muslims.  And because it is controversial and a practice that is alien to Canadians it is something that Stephen Harper has decided to use as a wedge issue to demonstrate (as he says) that only he is interested in protecting Canadian values and protecting women from religious oppression.  But by doing this he has (knowingly) been willing to highlight a non-issue that unleashes a latent bigotry against Muslims that some are only too willing to vocalize and display.

The niqab is an easy target because the women who wear it make the vast majority of Canadians very uncomfortable.  But what Harper fails to remind Canadians is that religion/faith is something that is very personal to an individual, and the freedom to practice faith (even if that practice is offensive to some) is protected under Section 2 (Fundamental Freedoms) of the Charter of Rights and Freedoms. 

Under Section 2a, "everyone has the following fundamental freedoms: freedom of conscience and religion".  And to back that up in Section 7 (Legal Rights) it states that "everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."  So regardless of the fact that many Canadians may not like the way that some Muslim women practice their faith, it is not something that is subject to the whims of the majority as should be the case with fundamental rights and freedoms.

During this debate many Canadians have assumed that those who wear the niqab are forced to wear it.  Very few believe that there are women who wear it as a personal choice and as a fundamental expression of their faith.  However, if we want to get an answer why don't we ask the woman who is at the centre of this controversy.  In an opinion piece published n the Toronto Star she states her views on why she is fighting this fight.  And her reasons are not what the Prime Minister claims or what many Canadians believe.

Related:  
Why I intend to wear a niqab at my citizenship ceremony 

And if you search on the internet you can find similar articles and blogs by Muslim women who have made a conscious choice to wear this clothing, even over the objections of their family.

So in the end, what does this controversy revolve around?  It doesn't revolve around a piece of cloth or the way some Muslim women dress as many would believe. 

What this issue revolves around is whether we as Canadians are willing to allow an individual to practice an aspect of their faith which we disagree with, an aspect that doesn't affect the lives of Canadians in any measurable way, and whether we believe that Canadian society is willing to accept peoples differences and uphold the constitutional rights that are guaranteed to all residents of Canada regardless of where they come from and what faith they practice. 

What this issue revolves around is whether we as Canadians are willing to let politicians tell us how any of us are allowed to practice (or not practice) our faith. 

And if we are willing to allow politicians to do this then Canada can no longer claim to be the democratic society based on constitutional freedoms and the rule of law that it believes itself to be.  And if that's the case then this country has entered very dangerous political territory.

© Fareed Khan.  © The Vieew From Here.  All Rights Reserved.