Friday, August 9, 2019

English Law Position of the Hijab on Muslim Customary Laws Essay

English Law Position of the Hijab on Muslim Customary Laws - Essay Example Hijab comes from the Arabic word Hajaba, which means to hide or conceal from view. Generally, it refers to modest dressing for Islamic women. It is extended to mean privacy and modesty. Hijab is not just a piece of cloth on the head, but rather it is a way of life. Hijab requires much more than just covering the head. Hijab is the way you carry yourself, the way you talk, the way you walk. Hijab as a matter of fact is a whole way of life and hence an attitude in itself. For those who are non-Muslims, Hijab is mostly associated with a modest way of clothing that is worn by Muslim women. It is also called the headscarf and it is one of the most noticeable things of Muslim women. Hijab is a duty that is expected from all Muslims. Some Muslims see the concept of Hijab as being consistent and balanced with ideas of gender equality; others view the religious requirement on female covering as patriarchal, chauvinistic, and oppressive and an enforcement of women against their rights (Bahi, 2 008). The wearing of Hijab impacts on so many human rights issues both philosophical and practical and has much currency given recent events. The issue of Islamic dress is linked with immigration issues. The reasons given for prohibition vary but in most cases legal bans on face covering clothing are undertaken as an anti terrorism measure and is justified on security grounds. However there is public controversy which indicates the possibility of polarization between western European societies and the Muslims. In the year two thousand and six, the then British Prime Minister Mr. Tony Blair described it as a mark of separation (Werner, 2011). Terrorism is the criminal enactment or acts expected or ascertained to incite a state of fear in the overall population. It’s an aggregation of persons or specific persons for political purposes and such gestures are in any circumstances outlandish whatever the contemplations of a political, philosophical, ideological, ethnic, racial, religious or other nature that may be conjured to support them. In virtually every corner of the world we can say that the human cost of terrorism has been felt. Terrorism has a very direct and real impact on human rights. Its consequences are very devastating in regards to liberty, physical integrity of victims and enjoyment of the right to life. Terrorism has the ability to undermine civil society, threaten social and economic development, jeopardize peace and security and destabilize governments. An individual’s security is a basic human right and thus the protection of the individuals is considered a fundamental obligation of the government (Macmillan, 2010). States therefore are obligated to uphold human rights of their citizens and others by taking positive measures to keep them safe from terrorists and their threats and bring such perpetrators to justice. Lately however the measures to counter terrorist acts have by states have been challenging to the rule of law and human right s .The bedrock of fighting terrorism should be the respect for the rule of law and human rights. The development of national counter terrorism strategies whose aim is to prevent the acts of terror, prosecute the perpetrators and offer protection of human rights and the rule of law is a major requirement. This implies measures to address the drivers to motivation of terrorism. Terrorism threatens the security and dignity of human beings everywhere, takes innocent lives, endangers lives, and creates an environment that destroys the freedom since the people are in fear. Through acts of terror, fundamental freedom is jeopardized and there is destruction of human rights. It undermines the pluralistic civil society, affects the rule of law and its establishment and it has the ability to destabilize governments that are legitimately constituted. Research shows that terrorism has links with organized crime that is transnational, drug

No comments:

Post a Comment