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Straw’s unease over veil
TO intrude into how someone chooses to present himself is an act that
cannot help but test individual sensitivities. The way people dress is
both a matter of personal choice and community tradition and any
questioning of it, however thoughtful and well-intentioned, is likely to
provoke a reaction.
When the questioner is a senior minister and those whose are being
questioned are female Muslim constituents who wear the full veil, the
potential for resentment and misunderstanding is extreme indeed. That
means that there is undoubtedly a requirement for clarity and
consideration. But it does not mean there is a necessity for silence.
Jack Straw is a man of intelligence and discretion who has worked over
many years with his Muslim constituents and sometimes shared their point
of view, as when, earlier this year, he questioned the publication of
Danish cartoons depicting the Prophet Muhammad. So he will certainly
have thought carefully before writing this week in a local newspaper
column about his unease at dealing with those of his Blackburn
constituents who visit his advice surgery dressed in the full veil, or
niqab.
His reference was exact, not to the hijab, or headscarf, worn by many
(although not all) Muslim women, but to the covering of the face in a
private meeting, something which he found troubled him and which he
chose to discuss. He did so in considered tones with reference to
specific experiences, although he will have known too that his remarks
would be used in a wider context.
His concern about the niqab was partly practical: “I felt uncomfortable
about talking to someone ‘face to face’ who I could not see.” But more
profound was his fear that the increasing use of the full veil was “a
visible statement of separation and difference”. Its spread, he
suggested in a BBC interview on Friday morning, was a sign of the rise
of “parallel communities”. And that is surely something society should
want to discuss and respond to, not hide from.
Mr Straw made it clear that in raising the issue he was not questioning
the right of women to wear the niqab if they chose. He accepted that
wearers may have made a choice of their own (although social pressures
may also be immense). But he pointed out that the use of the full veil
has consequences, both for the wearer and for how the wearer is seen. It
puts a literal barrier between citizens, an obstacle to interaction
rather than a bridge between people and in that it adds to social
divides that already exist. Mr Straw’s remarks certainly echo an unease
that is shared by many voters, an unease that among some people must
have its roots in prejudice. But he was not voicing prejudice and his
reasoned comments attempted to lessen separation and alienation, not
spread it.
The niqab may bring benefits but for a wearer there may be costs too in
terms of contributing to and advancing in society. Mr Straw is no less
on such a woman’s side than those who defend her choice. Anger is
inappropriate.
Some will argue that a minister who helped plan and execute the Iraq war
is not best placed to challenge Muslims on how they behave, and it is
true that British and US policy in Iraq and beyond has played a role in
fuelling a sense of exclusion and anger.
— The Guardian, London
Trying times for women
THE national political scene has not changed very much during the last
six months. The country still has an unelected president who continues
to rule the roost, backed by the military brass and a rag bag of
functionaries who pretend to represent the masses at the grassroots
level.
There is still a government of defectors that has on more than one
occasion demonstrated that when it comes to discussing really meaningful
and important issues, it doesn’t have a mind of its own. The recent bill
for the protection of women was a supreme example of this ineptitude.
One has been told that there is also an opposition, united only in name,
where the two parties that share certain democratic norms are
ideologically opposed to the third prong of the trident — represented by
the holy warriors. What complicates matters is that the men of the cloth
believe they are the chosen ones to guide the nation out of the darkness
and into the light, and that in matters temporal no other political
grouping enjoys quite the same licence as they do in interpreting the
Holy Scriptures.
The scene is further complicated by the fact that the local political
honchos don’t have a free hand when it comes to taking decisions or
making statements, and often have to consult, on matters of policy, one
or the other of the leaders in exile, both of whom have twice sat in
harness and wouldn’t mind a third bite at the national cherry. This
explains the recent statement made by Makhdoom Amin Fahim that there is
really no need for a united opposition. Could it be that there is after
all some truth in the rumour that the president is secretly in touch
with the chairperson of the PPP?
But at times the two liberal parties also play games with one another,
as happened during the bill designed to protect women against the
unpredictable and capricious behaviour of men. The Nawaz faction of the
Muslim League kicked off all traces of open-mindedness and sided with
the MMA against the PPP.
However, in spite of what has happened, it would be incorrect to say
that there hasn’t been some advancement, however insignificant, in
political rectitude, even though numerous efforts are being made to
sidetrack the ‘empowerment’ issue and to divert attention away from the
plight of Pakistani women.
The very fact that the MMA agreed to discuss proposed changes in the
Hudood Ordinances, when the recent bill was introduced into parliament,
demonstrated that the religious alliance had, by implication, accepted
that the Ordinances in question were man made and did not have a divine
origin.
This was certainly a step forward, even though as Sherry Rehman so
tersely put it in her article published in this paper: “The message of
the whole sorry saga is that the regime has caved in with a
parliamentary majority and allowed the national agenda to be dictated by
forces that could take Pakistan back into the dark ages.”
What nobody seems to have brought to the notice of the high-ups in the
Muslim clergy is that until the obscurantist dictator Ziaul Haq appeared
on the scene, the Hudood Ordinances simply did not exist. The
establishment seemed to manage quite well with the existing codes and
regulations some of which had been fortified by Ayub Khan’s judicious
Family Laws. In this respect Ayub Khan showed considerable enlightenment
and was the very antithesis of Ziaul Haq.
What people in the 1960s felt, without actually saying so, was that the
absence of repressive, punitive laws did not necessarily mean that
Muslim men and women were adrift on a sea of permissive wickedness. It
meant that in those days there were laws to deal with all kinds of
cases, and nobody felt the need to deliberately misinterpret Islam.
Once the issue had been tossed out of the window by the
parliamentarians, with the promise that it would be discussed at some
future date, one would have thought that progressive elements in the
media would have taken up the crusade and kept the momentum going.
Nothing of the sort happened.
One became aware of the fact that hardly any male columnists considered
the topic worthwhile. And those television channels that were persuaded
to give the issue some coverage, possibly because the subject was
topical, put up the regular props — an enlightened mullah, a
representative from one of the more vocal of the women’s organisations,
an attractive lady journalist who is invariably photographed in profile,
and an all-purpose retired mandarin who is frequently thrown in to make
ambivalent statements and, after exhausting all angles, eventually
presents the establishment’s point of view. It was one of these talk
shows that this writer found particularly irritating.
In previous programmes the host always came across as a pretty solid
sort of fellow, well read with an excellent command over the vernacular,
eager, probing and anxious not to cause too much offence. But he must
have gotten out of the wrong side of the bed on the day when Majida
Rizvi and Maulana Bhutto sparred in front of the cameras and represented
opposite ends of the political spectrum.
Women’s rights is a very serious subject. And the theme deserves serious
discussion. One cannot afford to be whimsical about issues like a victim
getting pregnant and ostracised while her rapist goes scot-free and
carries on as if nothing had happened, or a man slicing off his wife’s
nose because she happened to sit on the same bench with a stranger in a
government hospital. But anybody watching the show in question might
have gotten the impression that the people around the table were
discussing the sort of punishments that should be meted out to landlords
who steal peasants’ buffaloes in Vehari.
In the space of five minutes the viewer saw the host’s face dissolve
into weariness, astonishment, shocked incredulity, surprise, amazement,
bewilderment, amusement and finally deep shock. When the programme was
over one couldn’t help getting the feeling that women’s rights will
never be restored unless the draconian edicts that were imposed by the
country’s most retrogressive leader are fully reversed. The kind of
plastic surgery that the MMA has been proposing is not going to solve
anything. The president must issue an ordinance completely abolishing
laws hostile and unjust to women. Nothing short of an ordinance will set
the record straight.
In the meantime the struggle must continue and women’s groups should, in
addition to holding seminars, try printing and distributing posters,
outlining the reasons why the Hudood Ordinances should be abolished.
Here are some pointers which have been culled from Ms Rehman’s article.
‘The Constitution of Pakistan prohibits any laws that discriminate
against women and members of the minorities... The Hudood Ordinances
were introduced 26 years ago without conducting any public or
parliamentary debate... The laws are entirely man-made and have no
divine origin...
‘More than one national commission on the status of women has
recommended their repeal... Many jurists have stated that these laws are
not in conjunction with the principles of the Holy Quran and Sunnah, and
were drafted in a hurry...
‘Prior to the Ordinances, children under the age of seven bore no
criminal liability. Now they do...Despite the fact that Islam forbids
discrimination on the basis of sex, colour, caste, or creed, this law
makes minorities victims of double jeopardy...The Ordinances are used to
keep poor, dispossessed women in police lock-ups without access to
defence counsel or speedy justice... They encourage ‘honour killing’ and
injuries because they allow these crimes to be compoundable offences...
‘These laws discriminate against women as they de-link puberty from
adulthood. Is a girl of 10 expected to tell the difference between
paedophilia and rape? So far hadd has never been executed but it has
been awarded. That means that these laws have little utility except to
keep our superior courts busy in overturning their sentences...’
Most jurists and experts on law have concluded that the defects in these
ordinances are so basic that amending them would serve no useful purpose
and will cause more miscarriages of justice. If the delivery of justice
is the objective, the only option is to abolish the ordinances in their
entirety. All it really takes is one stroke of the pen.
And finally, only Pakistan and Saudi Arabia accept these laws in their
totality. All other Muslim countries have rejected or amended them in
the interests of justice and equality. This should certainly give people
food for thought.
Anwer Mooraj
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