The Burqa/Niqab ban controversy

By , on July 17, 2010

This was written as part of a response to Martha Nussbaum’s opinion piece found here: http://opinionator.blogs.nytimes.com/2010/07/11/veiled-threats

I’d like to share my per­sonal view on the burqa (face mask) con­tro­versy. My views are not based on the black-and-white, binary, false dichotomy pre­sented too often by both sup­porters of the face-mask ban and those who wish to defend the garb.


Put simply: I sup­port *reg­u­la­tion* of the Burqa/Niqab (the FACE cov­ering part), not a “ban” on it.

Why? The key here is to under­stand the dif­fer­ence between reg­u­lating and ban­ning some­thing. Can we walk around naked in society? Besides in nudist beaches, at pri­vate gath­er­ings, and a few spe­cial events in a few places, like some pride parades, is there legal and social reg­u­la­tion in place to stop people from walking around buck naked? Is that an encroach­ment of people’s right to be buck naked? Why is that reg­u­la­tion okay? If a cult started walking around buck naked and saying it was their reli­gious duty, would we have to argue on their behalf too?

People who defend the right to wear a face-mask some­times say that it is wrong to assume that anyone is ever speaking from an “objec­tive” stance, and they are quite right. Yes, we are all socially pro­grammed by many things in the worlds we live in; we all follow some nor­mal­iza­tion codes or other, whether we are aware of our own pro­grammed behav­iours or not; what we con­sider “normal” is a com­bi­na­tion of what the soci­eties we grew up in tell us is normal, and our own views on what we find nat­ural for each of us. The ques­tion is not whether we are all pro­grammed with dif­ferent ways of thinking about things, but which of those ways of thinking is worthy of wide­spread sup­port; which of those memes is some­thing that sup­ports the human rights and well-being of the max­imum number of people.

Yes, freedom of expres­sion needs to be pre­served, how­ever, it is not to be given com­pletely free reign, oth­er­wise we could all walk around naked any­where in the public sphere. The fact that we can’t, the fact that strangers hanging about on the grounds of schools are looked upon with sus­pi­cion, the fact that we are not sup­posed to swear or smoke around kids, the fact that restau­rants deny ser­vice to those not wearing shirts or shoes, the fact that your driver’s license and pass­port photos have to show your face, the fact that banks and air­ports have cam­eras to catch the faces of would-be crim­i­nals and of wit­nesses; these and many more social and legal reg­u­la­tions are in place to try to create a some­what level playing field, at least in public spaces, where one’s iden­tity is always at stake, should one try to break the law or cause trouble. Why should niqabis (and those who would don the niqab to commit crimes, or hurt people in public spaces) be exempt from these and other reg­u­la­tions? Because “God” told them to? The burqa / face mask is not even Islamic! Where does the Quran say a woman’s face must be kept hidden? It’s actu­ally a sin, bida’h, if you con­sider the Islamic rule to not say that God said some­thing he didn’t (according to Islam’s own rules!).

As far as women’s choices, sure some women want to wear the burqa, but can we deduce – given the nature of vio­lent patri­archy – how many more are forced or com­pelled into wearing it? Of course there are no hard and fast sta­tis­tics, like there usu­ally aren’t when there is socio-culturally accepted oppres­sion going on. What about those women’s rights? Is it “white guilt”, or Cultural Relativism as it’s known in Anthropological cir­cles, that makes some oth­er­wise lucid fem­i­nists lose sight of the fact that there are severe human rights abuses hap­pening within Muslim cul­tures too, just like within all human social groups? Why do some fem­i­nists and lib­erals refuse to accept that there exist widely dif­fering views within Muslims, and that cer­tain seg­ments of Muslims (like seg­ments of vir­tu­ally any other peo­ples on Earth) really do oppress women, gays, apos­tates, dis­si­dents, reli­gious and ethnic minori­ties, etc.; and that being lib­eral, pro­gres­sive or left-wing in the west does not have to mean one has to align one’s self with right-wing, con­ser­v­a­tive, tra­di­tion­alist, anti-liberals among Muslims, just to prove a point to the right-wingers of the west?

Proving a point should not be more impor­tant than defending the human rights of indi­vid­uals, no matter what cul­ture they happen to be from. If lib­eral fem­i­nists ignore them, who among pro­gres­sives will speak up about those women oppressed by patri­archy in “other” cul­tures, while we are busy defending the patri­ar­chal struc­tures that exist inside those coun­tries and cul­tures? Why has it been left up to right-wing think tanks to chal­lenge the most right-wing branches of Islam? Why is it fine and dandy if a Muslim woman is oppressed by Muslims, but not okay if she is told she has to show her face to con­firm her iden­tity, to com­mu­ni­cate etc.?

Women do bad things and wrong things too. I’m the type of fem­i­nist who believes in COMPLETE equality of both poten­tial good and poten­tial harm by both men and women. Women per­pet­uate male and female gen­ital muti­la­tion, as much or more than men. Women put their daugh­ters into beauty con­tests, women treat their sons and daugh­ters unequally too. Women par­tic­i­pate in anti-choice ral­lies, women are as liable as men to be homo­phobes, including many mem­bers of the Westboro Church and the gov­erner of Hawaii, and Sarah Palin and per­haps mil­lions of other women who remain silently homo­phobic, and vote in homo­phobic laws with the right to vote their grand­mothers fought tooth and nail for them to have. Women betray women’s rights, just look up Phyllis Schlafly. Just because a woman is doing some­thing or saying some­thing, does not auto­mat­i­cally make it cor­rect, right, good, humane or the best, most rea­son­able idea to listen to. Women can be very wrong about things too. Ann Coulter, anyone? Michelle Malkin? Especially when the women have inter­nal­ized patri­ar­chal values – when they believe in the deepest recesses of their social­ized brains that they have no exis­tence or value in the world unless men are owning them or using them or heck­ling them or treating them like their per­sonal stash of pearls.

I def­i­nitely think ALL gender role social­iza­tions are bull­shit and can and should be chal­lenged and con­fronted and mocked and changed as needed. That includes the gender role that says that women are pearls and candy and rose­buds and princesses; fragile, help­less damsels to be saved and whisked away by a Prince Charming or Prince Alladin. And that includes the gender role that says that men have to be stoic and macho, and never show any emo­tion that isn’t anger or jeal­ousy. That also includes the gender role that people are, by default, exclu­sively het­ero­sexual, and any vari­a­tion is thus a deviation.

But the Burqa/Niqab does not lib­erate anyone from any­thing. It only deflects the issues of gender role social­iza­tions, patri­archy and women’s self-worth. What are the sim­i­lar­i­ties between a burqa-clad woman walking down the street like a Dementor from Harry Potter movies, and an anorexic, breast-implanted, botox-filled woman walking down the street in a halter top and short shorts? They have both accepted and inter­nal­ized the notion that they exist to sat­isfy men. The niqabi woman (who is doing it out of “choice”) wants to be owned by par­tic­ular men, her father, hus­band, brother – she wants to be pri­vate prop­erty. The halter-top woman wants to be desired, admired, and have her exis­tence affirmed by the max­imum number of men – she wants to be  public prop­erty. But both only see them­selves and all other women as men’s prop­erty. How is it lib­er­ating to be on one extreme or the other?

I wonder what it would be like for more women to learn their own self-worth and not define or dress them­selves purely for the ben­efit of men. What irks me about those fem­i­nists and oth­er­wise lib­eral west­erners who would dis­re­gard the eth­ical impli­ca­tions of too much cul­tural rel­a­tivism, and who look the other way at any men­tion of Muslim-on-Muslim oppres­sion, besides the fact that they are sub­scribing to the “noble savage” cliché of the exoti­cized “other”, is that they are also still playing by the same rules that patri­archy has out­lined for mil­lenia: “Women, you were cre­ated for men. Your only choices are: either be a virgin or a whore, your womb is the only thing that mat­ters. The rest of you, your brain, your heart, your tal­ents, your ambi­tions, your words, your voice, don’t matter, unless some man some­where finds you worthy of being his property.”

There’s a middle ground in this oh-so-controversial debate, that’s a lot more rea­son­able and not based on dem­a­goguery, but based on an honest exam­i­na­tion of the deepest assump­tions of people on both sides. This is all why I sup­port reg­u­la­tion and not a ban, on the face masks in public spaces. At home, at pri­vate get-togethers, at des­ig­nated events, I couldn’t give a damn how many tents a woman, or a man, wears or doesn’t wear. I don’t care if it’s reli­gious belief causing a person to want to mask their iden­tity in a public space, or simply a polit­ical fuck-you to the people he or she resents due to an ingrained sense of suprema­cism to the rest of society. If you’re going to be in a public space, you have to abide by cer­tain reg­u­la­tions – you can’t go around flashing your gen­i­tals at strangers, and you can’t hide your basic iden­ti­fi­ca­tion from everyone around you either. Religious piety is no excuse to bypass the social reg­u­la­tions in a sec­ular society.

I don’t sup­port a ban because (a) bans polarize debates and create strong resis­tance move­ments that often make the debate more heated and dia­logue and com­pro­mise less pos­sible, (b) bans can’t be easily enforced without a society turning into a police state, © the women who are being forced to wear a face-mask may gen­uinely be cut-off from the rest of society if their male owners just out­right lock them up rather than let them go out­side showing their faces. For these rea­sons I can not and will not sup­port a full out ban, though if it’s reg­u­la­tion in public spaces we’re talking about, and it’s pre­sented with an eye towards, and edu­ca­tion about, the gender role social­iza­tions that we all are sub­ject to, no matter what we wear or don’t wear, then I could sup­port such regulation.

Ultimately, what’s needed is a hearty dis­cus­sion of what women’s and men’s roles are, have been and could be, within both Muslim and non-Muslim cultures.

Also, if our gov­ern­ments could just y’know stop fuckin’ with the lives of people in other coun­tries, while telling them it’s for their own ben­efit, maybe there’d be less of a back­lash against the free­doms and edu­ca­tion many of us value. Something to think about.

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2 Responses to “The Burqa/Niqab ban controversy”

  1. mkt says:

    TRADITIONS of the Fathers.…is alotta CRAP

    LIFE is SIMPLE.…its only the Traditions of the Fathers
    that TURN bACK THE CLOCK !!!

    When In Rome, Do As The Romans Do”

    I live in New Zealand.…and NOWAY would I TOLERATE that shit !
    GO BACK to their Own POOR CAmel Shitting Countries, we DON’T need them here !

  2. nawaz khan says:

    No doubt very brillian,bold and solid write-up by Kiran…Indeed this patri­archy (both in reli­gion and family) made a women almost half to anima.Curse on thos who put his all religio-cultural-honor type things on women shoulder and con­sider… him­self out of the sphere..This double stan­dard deprived women of its real being.Ninja Niqab is not a reli­gious out­come rather it is emi­nated from Devil mind set to put his half being in cage.If reli­gion say some­thing about ”Haya” it first adressed Men then Women.Momineen wa Mominaat…These devil in dis­guess blind Mulla,Mufti joined ven­ture is always women.They have mixed both reli­gion and cul­ture and at the end of the day bitter fruits are for women…This Mulla Mufti brand of Islam is lies in the uncon­cious of mus­lims since their childhood.….Those who are morally cor­rupt inside,and due to their inside fear thay put a burqa to women…for me Niqab is the dress of slavery and exploitation,banning a women from her God given iden­tity.…
    Bravo Kiran.indeed you are Kiran,a ray of hope for oppressed.Your this writ­ting will keep a higher posi­tion in the com­pany of Almighty.

    nawaz khan,islamabad

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