“U.K.’s Highest Court Backs School Ban on Muslim Dress”

In 2000, a Muslim girl named Shabina Begum enrolled in Denbigh High School in Luton, England. The school required students to wear uniforms, and the uniforms were developed in consideration of the fact that approximately 80% of the students at Denbigh were Muslim:

In devising a suitable uniform, the school went to immense trouble to accommodate the religious and cultural preferences of the pupils and their families. There was consultation with parents, students, staff and the Imams of the three local mosques. One version of the uniform was the shalwar kameez (or kameeze), a sleeveless smock-like dress with a square neckline, worn over a shirt, tie and loose trousers which taper at the ankles. [Link]

In accordance with her religious beliefs and consistent with the school’s uniform requirements, Shabina wore a salwar kameez, or “shalwar kameez” as noted above. She did so for the first two years of her time at Denbigh. However, she later determined that the salwar kameez would not be appropriate for her to wear.

Her brother Shuweb Rahman says that “as Shabina became older she took an increasing interest in her religion” and through her interest in religion “discovered that the shalwar kameez was not an acceptable form of dress for Muslim women in public places.” [In 2002, Shabina] turned up at school wearing a long shapeless black gown known as a jilbab. [Link]

The school’s response? The assistant head master told Shabina to “go home and change.” She went home and never came back.

Shabina sued, claiming that her freedom to manifest her religion was violated. Yesterday, five Law Lords unanimously disagreed, holding that

there was no interference with the respondent’s [i.e., Shabina’s] right to manifest her belief in practice or observance. [Link]

The Lords apparently reasoned, in part, that Shabina could have simply gone to another school nearby that had a more suitable uniform policy:

there were three schools in the area at which the wearing of the jilbab was permitted…. There is, however, no evidence to show that there was any real difficulty in her attending one or other of these schools…. [Link]

Apparently one of the justifications for refusing to permit the jilbab was health and safety. Tahir Alam of the Muslim Council of Britain had this to say:

One of the main reasons Denbigh did not allow the jilbab was health and safety, and you have to ask yourself how many people have fallen over and died because they tripped on their jilbab?…. It’s an excuse really. [Link]

Those disappointed in the result should note that the Lords stated, at the beginning the opinion, that the decision was limited to the facts of the individual case:

It is important to stress at the outset that this case concerns a particular pupil and a particular school in a particular place at a particular time. It must be resolved on facts which are now, for purposes of the appeal, agreed. The House is not, and could not be, invited to rule whether Islamic dress, or any feature of Islamic dress, should or should not be permitted in the schools of this country. That would be a most inappropriate question for the House in its judicial capacity, and it is not one which I shall seek to address. [Link]

57 thoughts on ““U.K.’s Highest Court Backs School Ban on Muslim Dress”

  1. With regards to the Golden Temple, I’d be grateful if evidence could be provided that it is indeed owned by “the state”. I was under the impression that the Golden Temple falls under the jurisdiction of the Akal Takht and the SGPC.

    I defer to you on this one, I was under a different impression having had a similar discussion about dress codes/conduct of foreigners in religious areas with some friends in India.

    Yes but this dress code is defined by Sikh religious traditions based on precedents stretching back at least 300 years, along with the established consensus on this issue by the Akal Takht and the SGPC. Dress codes within gurdwaras are not defined by the Indian government.

    yeah but these uniforms were designed in conjunction with the community at hand. Not the government.

  2. Nowhere does it say in the Quran that muslim women have to cover themselves up from head to toe.

    The Extremists have hijacked Islam, the moderates are very shallow and spineless to correct the extremists.

    Muslims will have a neagtive image as long as the moderates hide and sadly this will continue on financed by $audi Oil.

    I hope the Oil runs out soon, then the Arabs can be nomads once again, because thats what they are good for.

  3. I didn’t know of this site during the French headscarves ban, but did the exact conversation play out then too? These have no resolution. No matter what you say, someone is going to hate you for it.

    Besides uniforms to me bring back memories of school and the very very pretty girl who sat next to me in high school for 3 years… who wants to spoil that memory? 🙂

  4. zee, do u feel better now? did that rant make u a better person? i dont think so. i think we will have to hear ur sort over and over again. at every gathering there is always that very impassioned person convinced of what they are saying, even though they are wrong, or disconnected.

    good luck walking to school when the oil runs out. oh yeah, and ofcourse, no plastics, unless they find a whole lot more in russia and the north sea and the gulf.

    wow, i didnt know people went on like that in this day and age.

    and then to have the courage in an anonymous blog to go on the offensive with the vast majority of muslims, they who have better things to do then go after a bunch of extremist crackpot neither representing them or their cultures.

    good show.

    and i say this with all sincerity, being neither an arab, or a muslim.

  5. If your planning to go to a school in the UK with its own rules and regulations ect. that means wearing the uniform if they have one. You cant go in and say i believe in this that and the other so you have to treat me different to everyone else. The whole point of the uniform is to make pupils look smart and respectful and on top of all equal. Most public schools are not religeous, The local school i went to never even mentioned a god or a prayer. How are these girls wishing to wear the ‘jilbab’ supposed to take part in a games lesson? Thats where i agree there would be a safety issue. I dont understand why the issue was so big basicly if they want to wear it they should go to a school that supports that.

  6. The school and the courts and the government were way out of line in this ruling. There was NO safety hazard in her clothing and the ‘uniform’ allowed by the school were not muslim uniforms but cultural ones. Not allowing her to wear the Islamic hijab is akin to forcing religious catholics to come to school topless and in a miniskirt – that’s how serious the islamic jelbab is for orthodox Muslims. The argument that she could have gone to another school nearby is an assertion that schools have a right to oppress and that if students don’t like it they can go elsewhere. Clearly Islamaphobia has infected the general masses, the judicial system and the government. I do have some hope in Brown – but he uis but a single individual. Its high time Muslims began breaking off financial and educational dependance from a system that hates them and oppresses them. its high time Muslims began a process of financial independance on a global scale.