No

by Mothiur Rahman

Created on: December 11, 2009

There are two issues to bear in mind when attempting to answer this question: i. Will the introduction of this law-or any law-actually do what it intends to do; which in this case, we can assume, is the liberating of women? ii. Will 'not' introducing this law have a negative impact on society?

It is clear from Sarkozy's words that he believes the burka is a sign of oppression. He expressed these feelings by describing those who wear it as 'prisoners behind netting'; and even went as far as saying 'welcome on the territory of the French republic'. If there is any justification for banning the burka, this is the only reason.

Other arguments which revolve around points like 'they need to be identified in case of crime' etc. should not be allowed into this debate, because it would necessitate the banning of anything that effects identification. This would include things like hooded tops for example; a piece of clothing that allows one to become 'less' identifiable should one choose to use it in that way. It would also mean that masks should be banned, even if it means you are only going to a fancy dress party because it is possible to commit a crime on the way to the venue. In other words, under no circumstances should anybody be allowed to wear anything that prevents another member of public from pasting an image of their face in his/her mind. This seems quite ridiculous; and what makes it even more ridiculous is that any such clothing must also be banned from the market—something that is only reasonable. If something is banned, then it is also illegal to sell it; like class ‘A’ drugs. Hooded tops and every kind of mask will not be banned however, not only because they help the French economy—be it slightly—but because it would be stupid to do so. Nevertheless, it would be necessary if the argument for banning the burka is based on identification; otherwise the Muslim community will justifiably feel marginalised, victimised, targeted and every other negative state of being that results from having a law that only seems to apply to them.

More to the point; in tackling Sarkozy's argument, it must be asked whether these Muslim women feel like 'prisoners' or not. One of the most extraordinarily noticeable traits of the proponents of these views is that they never seem to share information on what 'Muslim women' want. It does not help the debate if we are always told what Michele Alliot-Marie, Jack Straw and any other type of human beings who are not Muslim and a women, want. Why is some serious light not shed on this issue, instead of the crappy kind from some shaded desk lamp? Is it because the stats will read unfavourably, against their cause?

In fact! It is very likely they (the likes of Sarkozy) do not even have enough information to make a judgement either way. The BBC article which contains Sarkozy's quotes also says that lawmakers are asking for an investigation into this very issue. WHAT? You mean Sarkozy was not in a position to say 'For your information I already have looked into it, and they do indeed need to be freed and here is the evidence'? It seems very strange, foolish and unleader-like to make a public issue out of something which affects approximately of the French population, without even having a basis for it other than prejudice. It seems like Mr Sarkozy thinks that it is a given fact that Muslims women are always forced to wear the burka. Has he ever entertained the possibility that these women might actually believe that their God—not their husbands—prefers them to wear it and would consider a ban on wearing the burka disheartening? Well, we will not know until this investigation is conducted; and until then, there is no justification in banning the burka on grounds of freedom. Neither Sarkozy nor any of his supporters have the necessary information to claim that a law banning the burka will liberate most of those who wear it; and if they are sincere in saying that all they want to do is free people, then they should have no problem in scrapping the idea if the investigators show that most of them are happy—that is if investigators actually are sent that is.

Sadly, it seems that there is no way of them accepting defeat. Last year a French court denied a veiled, Morrocan women citizenship because her 'practice of Islam was incompatible with French values.' In other words, what the women wants to do is intellectually insignificant. If she is not happy with the burka then she is alright. If she is happy with the burka—showing no sign of husband brutality—then she is a radical. If an investigation into the French, Muslim women does take place and it turns out that the majority of those who wear the burka, do so out of their own will, they will be deemed radicals who simply need to be taught that they are wrong. In light of this, it can be argued that Sarkozy is not justified in banning the burka on grounds of freedom—like he argued—because that is not his actual reason. If it was he would have campaigned to allow that Moroccan women to do what she wants, and would certainly not have made a dim-witted remark, which says that the burka is not welcome in France. It does beg the question: Why then 'is' he trying to ban the burka?' I do not know, but as things stand he has not presented anything good enough to do so. 

What are the implications if the burka is not banned? Nothing. There are many things that are banned, like drugs; despite a section of society preferring them not to be banned. Not banning them however, would have a negative effect on people's physical and mental health. There are groups who advocate racial supremacy that are banned; and not banning them could stir up racial tensions as these groups propagate their ideas. Can a reason like that be given in order to ban the burka? Are there any catastrophic, negative consequences in ‘not’ banning the burka? There do not seem to be any, and if there are—I do not know them but—they are not severe enough to justify a ban.

In conclusion, the only good reason to ban the burka would be if burka wearers are forced to wear them against their will. We do not know if that is the case, so as things stand there is no justification in banning the burka in France. It is also worth noting that the French authorities probably won’t try to find out if Muslim women choose to wear it, but even if they do, the findings will be discarded.

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