Muslim Blog Muslim BlogCAIRO – Attempts by a Tasmanian senator to ban burqa, worn by Muslim women, has been widely criticized by Australian Muslims and the state officials who considered it “unconstitutional”.
“A law banning the burqa per se throws up constitutional red flags and may well be struck down under section 116,” legal expert George Williams told International Business Times on Monday, September 29.
“If you had a law banning people from covering their face, it would be unworkable. It would frankly be a bit silly, which goes to the heart of this debate.”
Niqab in Focus (Folder) – Applying Shari`ah
Maqasid al-Shari`ah and the Veil Ban
When the Niqab Conflicts with the Law
Senator Jacqui Lambie of the Palmer United Party (PUP) has been calling for drafting a law to ban burqa in public places.
Lambie, who argues that Islamic face veil “falls into the category of identity concealing religious garments”, plans to introduce a Private Members Bill in the senate this week.
“The need for these laws is great right now because we are officially at war with extremists,” Senator Lambie was quoted by the Advocate.
Under Lambie’s proposed law, wearing face veil like niqab wouldn’t be allowed, unlike hijab, the Islamic headscarf.
Follow News Zone on:
Yet, the senator insists that the proposed law is neither anti-Islam nor racist.
“If you want to live under a different law, conceal your identity in public and be part of a movement which treats women like second-class citizens, then please leave us in peace and go live in a country where that sort of behavior is accepted,” the senator said.
Islam sees hijab as an obligatory code of dress, not a religious symbol displaying one’s affiliations.
A niqab is a veil which covers part or most of the wearer’s face, leaving the eyes visible.
Yet, Muslim scholars believe that a woman is not obliged to cover her face or hands.
Scholars, however, believe that it is up to women to decide whether to take on the veil.
Invented Problem
Expressing fury over the proposed law, Tasmanian Muslims said that attempts to ban the niqab are about “trying to fix a problem that doesn’t exist”.
“Lambie probably has good intentions but is grossly overstating the alleged problem,” Muslim Student Association of Launceston spokesman Abdul Majeed said.
“Of Tasmania’s 1800-strong Muslim community, I could count the number of people who wear burqas or niqabs on one hand.”
Garnering support of three backbench Coalition members, Lambie couldn’t get the approval of PUP leader Clive Palmer who opposed her calls.
Muslims, who have been in Australia for more than 200 years, make up 1.7 percent of its 20-million population.
In post 9/11-era, Australian Muslims have been haunted with suspicion and have had their patriotism questioned.
The anti-Muslim sentiments further increased following last week’s anti-terror raids, deemed the biggest in Australian history, in which 15 people were arrested from north-western Sydney.
The raids were followed by a huge number of anti-Muslim attacks, including a mosque being defaced in Queensland and direct threats issued against the Grand Mufti of Australia.
