Burka ban in Australia

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Say no to Burqas mural in Newtown, New South Wales. Say no to Burqas mural in Newtown, New South Wales.jpg
Say no to Burqas mural in Newtown, New South Wales.

In Australia, there is an ongoing debate over the possibility of a ban on the wearing of burqa and niqab, conservative forms of dress for Islamic women. There are currently 14 nations that have banned the burqa and niqab, including Austria, France, Belgium, Denmark, Germany, Netherlands, [1] Latvia, [2] Bulgaria, [3] Cameroon, Chad, Congo, Gabon, China and Morocco.

Contents

Background

Following the Moscow theatre hostage crisis in 2002, Australian politician Fred Nile asked whether the then state minister of police would consider banning full-body coverings like those worn by the Chechen terrorists from parliament and public gathering places in order to prevent the carriage of weapons or explosive devices. On June 23, 2010, Nile introduced a bill into the Legislative Council to criminalize the public wearing of any face covering which prevents the identification of the wearer, [4] including the burqa and niqab. He again in 2014 put up a bill that would ban the burqa and niqab. [5] [6]

In 2010, Senator Cory Bernardi wrote an opinion piece calling for a ban on wearing the burqa in public. [7]

In September 2014, Senator Jacqui Lambie announced plans to introduce a private member's bill aimed at banning the burqa in Australia. [8] In February 2017, she introduced a private member's bill which would amend the Criminal Code Act 1995 to make it illegal to wear full-face coverings in public places when a terrorism threat declaration is in force, unless it was necessary for certain purposes. [9]

Arguments

A main argument for the burqa ban is security, especially in government areas such as Parliament House. It has been suggested that rather than a blanket ban, people wearing face coverings be required to show their face for 'security and identification purposes' in these places exclusively. [10]

Those for the ban have argued that men force Islamic women to wear the dress; however, Islam does not require women to cover their faces. Some Islamic women say they feel 'naked' walking out without wearing a burka, and that a ban would effectively 'force' them to stay at home.

The ban has been criticised for conflicting with Section 116 of the Constitution, which prohibits the federal government from making any law 'prohibiting the free exercise of religion'. [11]

State-level enforcement

In September 2011, Australia's most populous state, New South Wales, passed the Identification Legislation Amendment Act 2011 requiring a person to remove a face covering if asked by a state official. The law is viewed as a response to a court case in 2011 where a woman in Sydney was convicted of falsely claiming that a traffic policeman had tried to remove her niqab. [12]

Notable advocates

Public opinion

DateFirmYesNoUndecidedSample sizeNotes
23 August 2017Sky News/ReachTEL [13] 57%31%12%2,832

See also

Related Research Articles

Hijab Veil worn by some women

In modern usage, hijab refers to headcoverings worn by Muslim women. While Islamic headcoverings can come in many forms, hijab often specifically refers to a cloth wrapped around the head and neck, covering the hair but leaving the face visible.

Burqa Garment worn by some Muslim women

A burqa or a burka, also known as a chadaree in Afghanistan or a paranja in Central Asia, is an enveloping outer garment which covers the body and the face that is worn by women in some Islamic traditions. The Arab version of the burqa is called the boshiya, and it is usually black.

Frederick John Nile, ED is an Australian politician and ordained Christian minister. Nile has been a member of the New South Wales Legislative Council since 1981, except for a period in 2004 when he resigned to unsuccessfully contest the Australian Senate at the 2004 federal election. Nile was re-elected at the March 2007 state election and served the Assistant President of the Legislative Council until 25 February 2019. He is the longest-serving member of the New South Wales Parliament. In November 2009, he stated his decision to retire in 2015, but later announced his decision to accept the Christian Democratic Party (CDP) nomination for the NSW Legislative Council at the New South Wales State Election on 28 March 2015.

Islamic clothing Customs of clothing associated with Islam

Islamic clothing is clothing that is interpreted as being in accordance with the teachings of Islam. Muslims wear a wide variety of clothing, which is influenced not only by religious considerations, but also practical, cultural, social, and political factors. In modern times, some Muslims have adopted clothing based on Western traditions, while others wear modern forms of traditional Muslim dress, which over the centuries has typically included long, flowing garments. Besides its practical advantages in the climate of the Middle East, loose-fitting clothing is also generally regarded as conforming to Islamic teachings, which stipulate that body areas which are sexual in nature must be hidden from public view. Traditional dress for Muslim men has typically covered at least the head and the area between the waist and the knees, while traditional women's dress conceals the hair and the body from the ankles to the neck. Some Muslim women also cover their face. Islamic dress is influenced by two scriptural sources, the Quran and hadith. The Quran provides guiding principles believed to have come from God, while the body of hadith describes a human role model through the traditions of the Islamic prophet Muhammad. The branch of fashion industry influenced by Islamic principles is known as Islamic fashion.

Niqāb Cloth that covers the face as a part of sartorial hijab

A niqāb or niqaab, also called a ruband, is a garment that covers the face, worn by many Muslim women as a part of an interpretation of hijab. The terms niqab and burqa are often confused; a niqab covers the face while leaving the eyes uncovered, while a burqa covers the entire body from the top of the head to the ground, with only a mesh screen allowing the wearer to see in front of her. According to the majority of Muslim scholars and Islamic schools of thought, face veiling is not a requirement of Islam. Those Muslim women who wear the niqab, do so in places where they may encounter non-mahram (un-related) men.

Philip Hollobone British politician

Philip Thomas Hollobone is a British Conservative Party politician and former investment banker. He has been the Member of Parliament for Kettering since the 2005 general election.

Cory Bernardi Australian politician

Cory Bernardi is an Australian conservative political commentator and former politician. He was a Senator for South Australia from 2006 to 2020, and was the leader of the Australian Conservatives, a minor political party he founded in 2017 but disbanded in 2019. He is a former member of the Liberal Party of Australia, having represented the party in the Senate from 2006 to 2017. Bernardi is a committed conservative Catholic Christian and author of The Conservative Revolution.

British debate over veils

The British debate over veils began in October 2006 when the MP and government minister Jack Straw wrote in his local newspaper, the Lancashire Evening Telegraph, that, while he did not want to be "prescriptive", he preferred talking to women who did not wear a niqab as he could see their face, and asked women who were wearing such items to remove them when they spoke to him, making clear that they could decline his request and that a female member of staff was in the room.

Hijab and burka controversies in Europe revolve around the variety of headdresses worn by Muslim women, which have become prominent symbols of the presence of Islam in especially Western Europe. In several countries, the adherence to hijab has led to political controversies and proposals for a legal partial or full ban in some or all circumstances. Some countries already have laws banning the wearing of masks in public, which can be applied to veils that conceal the face. Other countries are debating similar legislation, or have more limited prohibitions. Some of them apply only to face-covering clothing such as the burqa, boushiya, or niqab; some apply to any clothing with an Islamic religious symbolism such as the khimar, a type of headscarf. The issue has different names in different countries, and "the veil" or hijab may be used as general terms for the debate, representing more than just the veil itself, or the concept of modesty embodied in hijab.

Burkini Swimsuit designed to respect traditions of modest dress

A burkini is a style of swimsuit for women. The suit covers the whole body except the face, the hands and the feet, while being light enough for swimming. The amount of skin covered is about the same as the person wearing a wetsuit and a swimming cap.

Hijab by country Main article for hijab

The word hijab refers to both the head-covering traditionally worn by many Muslim women and to the concept of modesty in Islam generally. Afghanistan and Iran are the only countries where the hijab is compulsory.

French ban on face covering

The French ban on face covering is an act of parliament passed by the Senate of France on 14 September 2010, resulting in the ban on the wearing of face-covering headgear, including masks, helmets, balaclavas, niqābs and other veils covering the face in public places, except under specified circumstances. This ban does not apply to the hijab, as it does not cover the face. The ban also applies to the burqa, a full-body covering, if it covers the face. Consequently, full body costumes and Zentais were banned. The bill had previously been passed by the National Assembly of France on 13 July 2010. In April 2011, France became the first European country to impose a ban on full-face veils in public areas.

Niqāb in Egypt

In a predominantly Muslim society, as many as 90% of women in Egypt have adopted a form of veiling. A majority of Egyptian women cover at least their hair with the hijab. A hijab refers to a head covering that is worn by Muslim women. Although the phenomenon of wearing the niqāb, a veil which covers the face is not as common, the niqab in Egypt has become more prevalent. While a few women in Egypt wear a black niqab along with a billowing black abaya as seen in countries such as Saudi Arabia, many choose to wear different colors of the niqab or manipulate the hijab to cover their face. Regardless, the growing trend of munaqqabat, or women who wear the niqab, has alarmed the authorities. They have begun to see this dress as a security threat, because it hides the face, and because it is perceived as a political statement, a rejection of the state in favor of a strict Islamic system.

Sergio Redegalli

Sergio Redegalli is an Australian glass artist specialising in glass sculptures. He is an owner of the Cydonia Glass Studio located in Newtown, New South Wales. Redegalli graduated from Sydney College of the Arts with a Bachelor of Arts Glass in 1984 and a Graduate Diploma – Glass Visual Arts in 1988. Whilst attending college, Redegalli has claimed, he was the subject of victimisation at the hands of "man hating lesbians". His glass sculpture Cascade was commissioned for the World Expo in Brisbane in 1988. This massive 12 ton sculpture in the shape of a cascading wave is on display in Adelaide Botanic Garden, Adelaide. He is currently the President of the Chamber of Commerce, at Tocumwal in the Riverina region of New South Wales.

Jacqui Lambie Australian politician

Jacquiline Louise Lambie is an Australian politician who is the leader and founder of the Jacqui Lambie Network (JLN). She was a Senator for Tasmania from 2014 to 2017, and was re-elected in 2019.

Anti-mask or anti-masking laws are legislative or penal initiatives prohibiting the concealment of one's face in public. Anti-mask laws vary widely between jurisdictions in their intent, scope, and penalties.

Muslim Women's National Network Australia (MWNNA) is an association in Australia which represents a network of progressive Muslim women's organisations and individual Muslim women. MWNNA runs events and projects for Muslim women, and represents their views to media and government organisations.

Hijabophobia Fear or hatred against Muslim women who wear hijab

Hijabophobia is a type of religious and cultural discrimination against Muslim women who wear the hijab. The discrimination has had manifestations in public, working and educational places.

Islamic feminist views on dress codes include feminist views on the issues surrounding women's dress codes in the Islamic religion.

Burqa by country Legal situation of wearing a burqa in different countries

The burqa is worn by women in various countries. Some countries have banned it in government offices, schools, or in public places and streets.

References

  1. The Telegraph Netherlands to Ban the Burka
  2. "A European government has banned Islamic face veils despite them being worn by just three women". 21 April 2016. Retrieved 1 February 2017.
  3. Bulgaria the latest European country to ban the burqa and [niqab in public places, Smh.com.au: accessed 5 December 2016.
  4. "Summary Offences Amendment (Full-face Coverings Prohibition) Bill 2010" (PDF). Archived from the original (PDF) on 23 October 2012. Retrieved 13 July 2010.
  5. "Nile moves to ban burqa in NSW" . The Australian.
  6. Veiszadeh, Ehssan (11 September 2014). "Fred Nile move to ban burqa 'anti-Islamic'". The Sydney Morning Herald.
  7. Bernardi, Cory (6 May 2010). "For Australia's sake, we need to ban the burqa". The Sydney Morning Herald. Retrieved 6 May 2010.
  8. Bourke, Latika (29 September 2014). "Jacqui Lambie's attempt to ban the burqa could be unconstitutional, say legal experts". The Sydney Morning Herald. Fairfax Media. Archived from the original on 18 December 2015. Retrieved 16 October 2014.
  9. "Criminal Code Amendment (Prohibition of Full Face Coverings in Public Places) Bill 2017". Parliament of Australia. 8 February 2017.
  10. Natasha, Bita (9 September 2017). "Should Australia ban the burqa?". Daily Telegraph.
  11. corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "Chapter V. The States". www.aph.gov.au. Retrieved 29 March 2022.{{cite web}}: CS1 maint: multiple names: authors list (link)
  12. Australia Muslim Veil Law Requires Women To Remove Face-Covering Niqab In New South Wales, 3 May 2012
  13. https://powr.s3.amazonaws.com/app_images%2Fresizable%2F8fb90f02-cdc2-4dcd-9d81-7d87d3a9487c%2FSkyNewsReachel24August2017.pdf [ bare URL PDF ]