Fatwas and the burka ban

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Burka ban conversations rage hot because they relate with percision to current world tensions at many levels. 

They make for good media and good outrage because people tend to be tied to their politics and religions more emotionally than rationally.  Whether to  to permit or ban the wearing of Burkas can be argued forever.  People get nasty or dumb, and arguing from any side can make a certain degree sense, depending on one's starting point. 

Burka

Issues tied to Burka ban legislation include: Freedom of religion, women's rights, national security, and the preservation of culture.

I have already presented a simple solution in many previous articles on how Western secular governments should handle delicate aspects of legislation that tread into areas of religious rights and sensibilities.  In sum it is this:  Always make legislation uniform for all citizens, keep the laws clearly secular, and never favor or disadvantage a religious group overtly in how the laws are written. 

Don't ban burkas.  Simply write a law that says, no  French (or Belgian citizen) may ever appear in public with their faces entirely concealed.  Period.  Make the French (or Spanish) law purely on matters of security. We don't want to know what you happen to believe, or what you name the God you pray to.  We don't care if you are an immoral, licentious cad, or an oppressed woman.  Just show your face in public.  We in Spain (or France) do not want people floating around in our country entirely concealed in public.

Want to ban headscarves?  Fine.  Just write a law that says French citizens may not cover their heads in public.  Can't wear hats, can't wear the habit of a Catholic nun.  We don't care if you're cold. We don't care if you are on the Paris runway, or what French, Catholic saint wrote the rules of your order.  If you are French, you cannot cover your head in public. Western secular governments just write your laws, and stop bothering religious believers. Take care of your citizens. Create opportunity, and sustain a legislative environment that is fair and unbiased.

There are states in the world in which religion is NOT separate from civic government and legislation.  In these states such issues are more complex. 

One difficulty comes from the fact that religious rules govern people under "foreign" political sovereignties.  For example, I might be an American, and as such I am free to awaken whenever I want.  But also I might be a follower of some Rishikesh Guru, and thus live under a law that I must arise daily before sunrise.  In this case, my Guru's law doesn't clash with US secular law.  But what if I lived in France and my Guru said that I must cover my face to the extent that I cannot be identified?  In such a case a potential clash could occur.

Sheik Aedh al-Garni, a popular Saudi cleric said Saturday it is permissible for Muslim women to reveal their faces in countries where the Islamic veil is banned to avoid harassment, while deploring the effort to outlaw the garment in France.

Perfect.  I commend the posture of this Muslim lawgiver unequivocally.

Sheik Aedh al-Garni's religious advice, delivered in response to a question from a Saudi woman in France, generated some opposition from those less compromising, but al-Garni stayed firm.

"We should not confront people in their countries or elsewhere," al-Garni was quoted as saying in the Saudi-owned daily Al-Hayat. "In case a ban is enforced against a Muslim woman there - and as a consequence there is a reaction or negative implications or harassment or harm - it is better for the Muslim woman to reveal her face."

France's impulses vis a vis religion and religious freedom have long been wanting in the opinion of this writer.  My affirmation of Sheikh al-Garni's fatwah is not out of sympathy for France's lead footed approach to religious pluralism, but rather enthusiastic praise for his broad-mindedness and courage, lIkewise all public figures and people of influence who think in ways that encourage greater harmony, integration, and mutual understanding.

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About this Entry

This page contains a single entry by Dr. Frank Kaufmann published on July 29, 2010 8:07 AM.

Archbishop Desmond Tutu to withdraw from public life was the previous entry in this blog.

Concrete barrier removed in Jerusalem is the next entry in this blog.

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