Shabina Begum trial: Begum case defeat highlights a game of power

Purple ping pong

For Shabina Begum, a now 17-year old from Luton, a court defeat of her case this week was the end of a long, troubled journey. The Law Lords, Britain’s equivalent of the US Supreme Court, rejected an earlier ruling that allowed Begum to wear the full length jilbab dress in contradiction of her secondary school, Denbigh High School in Luton, England, which formulated a salwar kameez uniform for its Muslim students (80% of all students there) after meeting with Muslim community leaders. When Begum challenged the uniform at age 14, many suspected a hidden hand – the involvement of Hizb-ut-Tahrir, the controversial Muslim group that Prime Minister Tony Blair sought to ban after last years bombings in London, though that group was not implicated in the act and denied coaching Begum. In its ruling, the Law Lords found the school fully justified in its policy. “It had taken immense pains to devise a uniform policy which respected Muslim beliefs but did so in an inclusive, unthreatening and uncompetitive way,” said Lord Bingham. “It would be irresponsible for any court to overrule their judgement.” News of the decision prompted some misleading headlines, such as that of Australia’s Age newspaper (“UK girl loses right to wear Muslim garb,” which is news, of course, to the hundreds of girls at Denbigh who have worn Muslim garb for years). Many others, even those sympathetic to Muslim concerns, derived that the case was about power more than rights and represented a “hijack” by more conservative elements of British Muslim society. The Law Lords noted that Begum’s rights to freedom of religion were not infringed because she could have attended neighbouring schools that did allow the full jilbab. Begum’s statement after the ruling reflected her weariness – and acceptance – of the court. “Obviously I am saddened and disappointed about this, but I am quite glad it is all over and I can move on now,” said Begum. “Even though I lost, I have made a stand. Many women will not speak up about what they want.” Reaction from Muslim groups was notable for what could be read between the lines. “There are lots of schools across the country which allow the jilbab and this issue should have been resolved at a local level,” said Tahir Alam, of the Muslim Council of Britain, reflecting a disappointment with the decision (though the MCB approved of the dress chosen by Denbigh before the Begum case). “It’s unfortunate that it’s gone through the courts.” However, the failure of British Muslims to resolve the issue amongst themselves was lost upon the Islamic Human Rights Commission. “Many Muslim scholars have ruled that the wearing of the jilbaab is compulsory,” said the UK-based group. “Additionally, the enforcement of dress that is specific to different cultures, in this case the shalwar kameez, also violates the rights of those who are not brought up within cultures that advocate that type of dress.” The very fact that a Muslim response to the issue states that “jilbaab is compulsory” while stressing at the same time that enforcement of dress violates rights illustrates both the variations in Muslim opinion and the desire to promote differing versions of them – often without consensus. That a British school and court system might seek consensus within Muslim communities – successfully for the 99% of female Muslims at Denbigh – and enforce them through the courts should be a lesson for those of us who refuse to cooperate with each other.

Zahed Amanullah is associate editor of altmuslim.com. He is based in London, England.