...."The burqa has no place in any courtroom
I make no secret of my distaste of the burqa or niqab, the garment that is used to cover women from head to toe. As a country with pretty strong religious freedoms, currently wearing a burqa is legal in Australia.
My personal non religious objections to the burqa aside however, as we strive to be a beacon of religious freedom in the world, it’s not without it’s challenges. With religious freedom and elements as confronting as the burqa comes a unique set of social challenges.
The latest being whether or not the burqa is acceptable attire for the nation’s courtrooms. Specifically, when one is giving testimony before a jury.
Over in Western Australia a court case has been ongoing;
Anwar Sayed has been charged with fraudulently obtaining $1.125 million from the state and federal governments by falsifying the number of students at the Muslim Ladies College of Australia in Kenwick in Perth’s south.
Whilst those involve wait for a retrial to be approved, the court itself has an interesting decision to make. One of the witnesses in the case, ‘a strict Muslim’, wishes to ‘wear a full burqa while giving evidence before (the) jury.’ I assume there are some males in the jury and this is where the problem lies, the witness in question doesn’t want to expose her face to any man.
Interestingly the argument against the wearing of a burqa on the witness stand is similar to my objections to it’s use in everyday society; facial response.
When wearing a burqa nobody has any idea what your facial expressions are. Just as it is as important in day to day life, on the witness stand it’s important that the jury be able to read your facial expression at all times. How you may react to certain questions and the tone of your face are all important factors when establishing credibility and reliability when giving evidence.
Hide your face behind a burqa leaves the door wide open for anyone to lie through their teeth and hide behind a mask of visual anonymity.
Despite the seemingly open and shut case of this woman’s request, Judge Shauna Deane is going to ‘hear submissions on Thursday from lawyers for the prosecution and defence‘. Beyond ‘religious freedom’ I don’t really see what other form of defense there is to the request itself.
Are we really going to put the credibility of Australia’s legal process on the line so as to not upset some individuals who subscribe to certain alleged religious practices?
Like it or not there’s an established legal system in this country and religion should never take precedent over it. If the woman is a witness for the defense, prohibit her from taking the stand. If she’s appearing for the prosecution, charge her with contempt of the court and fine/jail her as appropriate.
No exceptions.
August 4th, 2010 at 9:33 am lemmiwinks(Quote)
Precisely! End of story.
August 5th, 2010 at 3:18 am Caffeinated SentryGnome(Quote)
i wouldn’t be surprised if they made it illegal to cover your face in public, with the exception of the visor on motorbike helmets and other safety equipment all in the name of security.
as for a court of law i don’t think this should even be an issue. its clearly a NO. iirc your not meant to wear sun glasses or hats inside a court.
but i also believe everyone should have the right to wear what ever they like, but just like with any place that has a dress code if you don’t follow it you cant get in.
August 5th, 2010 at 12:46 pm AK(Quote)
wow hold on there. I like to cover my face when I’m walking about and about because my nose freezes in the wind, you can’t ban me from having a scarf wrapped around the bottom half of my face! That said, I know that it does look suspicious and intimidating.
Anyway, Burqa/Niqab/Whatever you call it should not fall under the title of religious freedom because it has no relation to Islam. The Burqa is strictly a tribal/cultural thing that’s been confused by both observers and practioners alike with Islam. I think the burqa’s akin to female circumcision in many ways.
I don’t think that a ban on covering your face in public is warranted though. However they should be made to show their faces in a court of law.
August 5th, 2010 at 2:05 pm ozsoapbox(Quote)
So long as you remove it when required (banks etc.) and accept the fact that unless you remove it I’m less likely to want to engage you socially, then you can wear what you want.
The problem with the burqa is me not wanting to talk to or engage anyone who’s wearing one is a ‘waaah religious discrimination’ law suit waiting to happen. Then my non-religious reasons for not wanting to engage anyone wearing a burqa/niqab become irrelevant and it becomes a convenient religious issue instead of a social one.
August 6th, 2010 at 8:37 am James(Quote)
A leading WA Muslim has risked a backlash from his community by calling on the winner of the Federal election to ban the wearing of burqas in public.
Ameer Ali, an economics lecturer at Murdoch University and vice-president of the Regional Islamic Council of South-East Asia and the Pacific, makes the call in an opinion article in _The West Australian _ today.
Dr Ali, describes the burqa and similar robe the niqab as “the lingering relics of a patriarchal, misogynistic and tribal culture” and argues there is no religious obligation in the Koran for it to be worn.
http://au.news.yahoo.com/thewest/a/-/newshome/7717510/ban-the-burqa-muslim-leader/
August 6th, 2010 at 1:31 pm bushrat(Quote)
Ahh, the joys of political correctness! There was somebody on the radio here the other day that made comments along the line of ” Jewish lawyers and Sikh lawyers wear thier traditional head dress in court, so why not Muslims?”
Simple one really, Skullcaps and Turbans do NOT COVER THE FACE!
I really wonder where this is going to go, does that mean that a person on trial will be able hide thier face in a bag?
I am not religious at all, but I respect theose who are, however a line has to be drawn SOMEWHERE with this, as in the recent example of a Muslim woman driving her car whilst wearing the full face covering. It would have to severely restrict peripheral vision and be a hazard.
If some people want to adhere to centuries old traditions, thaats fine, but lets have a bit of common sense in the 21st century!
August 6th, 2010 at 4:01 pm ozsoapbox(Quote)
Seems the guy on trial, Anwar Sayed, has been attacked due to allegations he supports a burqa ban.
Sharia justice? I wonder if it means anyone who supports a burqa ban can expect to receive death threats and be stabbed.
The details seem a bit sketchy at this stage. Police state they don’t ‘believe a weapon had been used in the attack‘ and detectives are claiming it was a ‘minor assault between motorists.‘
Meanwhile Sayed’s lawyer told a court ‘his client had been “brutally stabbed in the chest and face.”‘ Yet Sayed managed to take himself to his office before going to hospital.
Ironically
I wonder if it was a burqa?
Burqa avengers, an inside job, random road rage or loony islamic fundamentalists strike again?
August 7th, 2010 at 10:05 am bushrat(Quote)
Take your pick, theres so many whack jobs running around this country now it’s not safe anywhere!
August 13th, 2010 at 3:07 pm Ahmed(Quote)
I hate the whole burqa concept. It’s effing bullshit and repugnant to anyone who cares a bit about gender equality and liberty.
Most women who wear it have been indoctrinated into believing that it somehow preserves their modesty. Yeah right, so all other women are immodest, eh?
Down with the burqa. I’m a muslim who supports the ban. Now let’s see you attack me, you fundamentalist bastards. Go boil your heads, yeah.
August 13th, 2010 at 6:39 pm bushrat(Quote)
Good on yer Ahmed, I agree 100%!!
I think we need draw a line somewhere between the Burqa and the Barbie doll.
Bushrat