[Type text]

University of Colorado-Denver

Discrimination of Veiled Muslim Women in the United States and France

Huda J GhaibehMay 4th 2010

Ghaibeh 2

Muslims increasing populations in both France and the United States means an increase in the

number of veiled women These two nations who are mostly non-Muslim have not done the best job at

allowing these women who are mostly immigrants or children and grandchildren of immigrants to integrate

well into their nations There have been cases of discrimination towards veiled women in both nations

most obviously in France where the debate of the ban of the veil continues France has implemented laws

and is still in the process of implementing additional laws in which the wearing of the Islamic veil became

forbidden in certain situations However the United States is also guilty of discriminatory acts towards

Muslim veiled women but in a much less obvious way because the American government does not outlaw

the veil so directly like France does Discrimination towards Muslim veiled women in the United States is

very discreet and covert while discrimination in France is much more obvious and overt Exact statistics on

discrimination between the two nations cannot be known exactly however There are many cases that go

unreported for example It is also difficult to know the exact number of veiled women as well as the exact

number of Muslims in either nation However we do know that numbers of Muslims and veiled Muslim

women are increasing in both countries which is why this issue is so important Also many veiled Muslim

women feel uncomfortable unhappy and possibly fearful in both nations

Upon encountering different sources concerning the Islamic veil I will focus on a few in this paper

hijab niqab and burqa The BBC explains that the hijab involves the covering of the head and neck leaving

the face visible A niqab involves an additional covering of the face with the exception of the eyes and a

burqa involves a complete covering with a net-like fabric over the eye area1

Muslims have been coming to the United States over many years Amir Muhammad cites

information from CSAM that between 1947 and 1960 a large number of Muslims from Egypt Lebanon

Palestine and Yugoslavia immigrated to the United States and from the 1960s through 1980 an additional

large number of Muslims from various nations immigrated here Muslim communities have grown a great

deal throughout the 1980s and 1990s and today Islam is the fastest growing religion in the United States

The Council on American-Islamic Relations (CAIR) which focuses on civil rights was created in 19942

Ghaibeh 3

Garamonersquos article of 2001 in the US Department of Defense says that the religion of Islam is

increasing more rapidly than any other religion in America The American Muslim population ranges

between five and seven million3 However regarding the number of Muslims in the United States the

Religious Tolerance organization explains that there is no way to find out this number exactly and estimates

of the number of Muslims in North America range from one to seven million as of 20024 The US Census

Bureau reports that the population of the United States is approximately 309 million for the year 20105

The First Amendment of the Constitution of the United States is about freedom of religion It states

ldquoCongress should make no law respecting an establishment of religion or prohibiting the free exercise

thereofhelliprdquo6 Therefore the United States government is not allowed to interfere with an individualrsquos choice

to wear religious attire such as the Muslim veil Also according to the US National Archives and Records

Administration the Civil Rights Act of 1964 banned discrimination in the hiring promoting and firing of

people on the basis of race7

However McCloud describes a few discriminatory situations which have occurred in the United

States in her article from 1995-1996 For example she explains an article from the Washington Post that in

the state of California a Muslim woman was fired from her job as a Pinkerton Security amp Investigation

Services security guard because her boss told her that her headscarf could not be part of the uniform even

though she was hired while wearing the headscarf When she was hired the company did not mention to

her that they could not hire her with her headscarf There is another instance which McCloud includes in

her article which she cited from the Council of American-Islamic Relations (CAIR) In the state of

Virginia a headscarved woman was fired immediately after completing her job orientation for declining to

take off her headscarf This case is similar to the previous one because this woman was also not told that

she must remove her headscarf during her job orientation Also like the previous case the wearing of the

headscarf would not prevent or make difficult the ability to accomplish the job tasks Hiring staffs of

companies realize that they cannot refuse work to qualified applicants for religious reasons because it is

illegal Companies prefer firing the women later in hope of protecting themselves and their reputation

Ghaibeh 4

They prefer to use the excuse that the women with headscarves declined the removal of their scarves when

told the scarves did not fit with the uniforms even though the women were not told they had to do so upon

their hiring Also companies feel that their customers prefer shopping from people who do not consist of

minorities by their different attire Hiring staffs were probably trying to avoid being accused of

discrimination when they hired the women with headscarves So they created the excuse that the scarves

could not work with the uniforms In both cases the women held top positions within the companies in

which they were hired and the companies probably feared negative reactions from customers8

McCloud cited third case from the Washington Post in which a veiled women who declined the

removal of her headscarf was not allowed to report to work at the Quality Inn The manager explained that

her headscarf would not fit in with the uniform and other employees may begin to wear headscarves if she

worked at the hotel When members of the Muslim community objected and tried compromising the hiring

staff expressed their apology offered to pay lawyer fees and allowed her to work with them9

In addition to discrimination in the workplace there is public discrimination of women with

headscarves McCloud has included information presented by CAIR which cited its information as coming

from the Dallas Morning News and the Fort Worth Star-Telegram newspapers According to these sources

a Muslim wearing a face veil was forbidden from entering a convenience store in Arlington Texas An

employee explained that her attire as a customer was forbidden CAIR contacted the owners of this

Diamond Shamrock Inc and after threats of boycotts and objections the company decided to offer money

in order to compensate for their act10

Also McCloud cited a story from Pescersquos article in USA Today explaining that a woman with a face

veil was arrested in St Paul Minnesota The city accordingly banned face coverings after recent robberies

in the city11 This does not seem like discrimination though it can be considered disrespectful to the woman

who was probably innocent and simply wanted the freedom to wear what she believed she had to wear for

her faith

Ghaibeh 5

McCloud also brings up an excellent point in her article about many veiled Muslim women in the

American workforce She explains that there are rarely any veiled women in high profile positions These

women apply for high profile careers but rarely pass the interview stage despite their qualifications Some

Muslims and non-Muslims suggest to these women that they remove their headscarves Even peers and

colleagues in universities discourage the wearing of the veil Some the veiled women actually do remove

their veils12

The BBC reports that in 2002 a Muslim American woman named Sultaana Freeman who wears a

facial veil that only permits her eyes to be shown tried to sue the state when they refused to offer her a

driverrsquos license because she refused to take off her facial veil She aimed to protect her right of religious

freedom However Judge Thorpe did not consider the need to show the face for a driverrsquos license photo

threaten religious freedom She reasoned that showing the face was necessary for security reasons

Freeman believes she must cover her face for religious reasons but Muslim scholars differ on whether or

not the face should be covered The American Civil Liberties Union (ACLU) actually supported Freeman

in this case claiming that this type of prejudice was probably due to then very recent attacks of 91113

However the case of Freeman does not seem like a true discriminatory case as the reason for the veil

removal request was for security and identity purposes

The 2007 report of ldquoThe Status of Muslim Civil Rights in the United Statesrdquo shows that in

19951996 the number of civil rights cases of discrimination reported against Muslims in general (male or

female) was 80 In 19961997 there were 240 cases reported In 19971998 there were 284 cases reported

In 19981999 there were 285 cases reported and in19992000 the number of civil rights cases of

discrimination reported was under 32214 These numbers include all Muslims who reported a case of

discrimination whether headscarved women or not The point is that the numbers of cases of discrimination

against Muslims have been increasing over the years

Another table in the same report by CAIR records the most common places for acts of discrimination

towards all Muslims which are summarized here from the most common place to the least common place

Ghaibeh 6

Muslim organizationmosque (2643) government agency (2284) workplace (1812) school

(561) prison police public accommodation airport (271) internetemailmailphone court housing

media street Muslim-owned business other private homeproperty shopping center and financial

institution15 We do not know where veiled women may have experienced the most discrimination But we

do know that they have experienced it in the workplace Also we can hypothesize that they have

experienced it in school airports over the internetemailmailphone shopping centers private

homeproperty and maybe other places

In the Council of American Islamic Relationsrsquo Status of Muslim Civil Rights Reports of 1999

complaints by headscarved women came in second place which seems to be progress compared to previous

years16 According to the New York City Commission on Human Rights the NYPD Hate Crimes Task

Force has realized a significant increase in discriminatory acts in the weeks after 911 In addition results

from a survey reveal that Muslims believe discriminatory acts towards them has risen significantly after

91117 Unfortunately the 911 incident affected both Muslims and non-Muslims making the lives of so

both more difficult CAIR also includes information from their report ldquoAmerican Muslims One Year

After 911rdquo that within the six months after 911 there have been 1717 cases of civil rights cases reported

for both male and female Muslims which is a significant increase compared to the previous years18

CAIR included a study in the report ldquoThe Status of Muslim Civil Rights in the United States

Unequal Protectionrdquo in 2005 regarding percentages of headscarved women in America who have been

discriminated against In 2005 there were 131 cases reported of discrimination by hijab or scarf wearing

women which is 864 of the triggers of discrimination Also in 2005 there were 6 reported cases of

discrimination by women who wear the niqab which is 04 of the triggers of discrimination Other

triggers of discrimination included things such as beards Muslim names halal food Kuran etc19

CAIRrsquos ldquoStatus of Muslim Civil Rights in the United Statesrdquo for 2008 reports that out of the

identification factors that trigger discrimination there were 165 cases reported of headscarved women or

622 from the total factors Also there were 8 cases reported of niqab wearing women or 03 from the

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 2

Muslims increasing populations in both France and the United States means an increase in the

number of veiled women These two nations who are mostly non-Muslim have not done the best job at

allowing these women who are mostly immigrants or children and grandchildren of immigrants to integrate

well into their nations There have been cases of discrimination towards veiled women in both nations

most obviously in France where the debate of the ban of the veil continues France has implemented laws

and is still in the process of implementing additional laws in which the wearing of the Islamic veil became

forbidden in certain situations However the United States is also guilty of discriminatory acts towards

Muslim veiled women but in a much less obvious way because the American government does not outlaw

the veil so directly like France does Discrimination towards Muslim veiled women in the United States is

very discreet and covert while discrimination in France is much more obvious and overt Exact statistics on

discrimination between the two nations cannot be known exactly however There are many cases that go

unreported for example It is also difficult to know the exact number of veiled women as well as the exact

number of Muslims in either nation However we do know that numbers of Muslims and veiled Muslim

women are increasing in both countries which is why this issue is so important Also many veiled Muslim

women feel uncomfortable unhappy and possibly fearful in both nations

Upon encountering different sources concerning the Islamic veil I will focus on a few in this paper

hijab niqab and burqa The BBC explains that the hijab involves the covering of the head and neck leaving

the face visible A niqab involves an additional covering of the face with the exception of the eyes and a

burqa involves a complete covering with a net-like fabric over the eye area1

Muslims have been coming to the United States over many years Amir Muhammad cites

information from CSAM that between 1947 and 1960 a large number of Muslims from Egypt Lebanon

Palestine and Yugoslavia immigrated to the United States and from the 1960s through 1980 an additional

large number of Muslims from various nations immigrated here Muslim communities have grown a great

deal throughout the 1980s and 1990s and today Islam is the fastest growing religion in the United States

The Council on American-Islamic Relations (CAIR) which focuses on civil rights was created in 19942

Ghaibeh 3

Garamonersquos article of 2001 in the US Department of Defense says that the religion of Islam is

increasing more rapidly than any other religion in America The American Muslim population ranges

between five and seven million3 However regarding the number of Muslims in the United States the

Religious Tolerance organization explains that there is no way to find out this number exactly and estimates

of the number of Muslims in North America range from one to seven million as of 20024 The US Census

Bureau reports that the population of the United States is approximately 309 million for the year 20105

The First Amendment of the Constitution of the United States is about freedom of religion It states

ldquoCongress should make no law respecting an establishment of religion or prohibiting the free exercise

thereofhelliprdquo6 Therefore the United States government is not allowed to interfere with an individualrsquos choice

to wear religious attire such as the Muslim veil Also according to the US National Archives and Records

Administration the Civil Rights Act of 1964 banned discrimination in the hiring promoting and firing of

people on the basis of race7

However McCloud describes a few discriminatory situations which have occurred in the United

States in her article from 1995-1996 For example she explains an article from the Washington Post that in

the state of California a Muslim woman was fired from her job as a Pinkerton Security amp Investigation

Services security guard because her boss told her that her headscarf could not be part of the uniform even

though she was hired while wearing the headscarf When she was hired the company did not mention to

her that they could not hire her with her headscarf There is another instance which McCloud includes in

her article which she cited from the Council of American-Islamic Relations (CAIR) In the state of

Virginia a headscarved woman was fired immediately after completing her job orientation for declining to

take off her headscarf This case is similar to the previous one because this woman was also not told that

she must remove her headscarf during her job orientation Also like the previous case the wearing of the

headscarf would not prevent or make difficult the ability to accomplish the job tasks Hiring staffs of

companies realize that they cannot refuse work to qualified applicants for religious reasons because it is

illegal Companies prefer firing the women later in hope of protecting themselves and their reputation

Ghaibeh 4

They prefer to use the excuse that the women with headscarves declined the removal of their scarves when

told the scarves did not fit with the uniforms even though the women were not told they had to do so upon

their hiring Also companies feel that their customers prefer shopping from people who do not consist of

minorities by their different attire Hiring staffs were probably trying to avoid being accused of

discrimination when they hired the women with headscarves So they created the excuse that the scarves

could not work with the uniforms In both cases the women held top positions within the companies in

which they were hired and the companies probably feared negative reactions from customers8

McCloud cited third case from the Washington Post in which a veiled women who declined the

removal of her headscarf was not allowed to report to work at the Quality Inn The manager explained that

her headscarf would not fit in with the uniform and other employees may begin to wear headscarves if she

worked at the hotel When members of the Muslim community objected and tried compromising the hiring

staff expressed their apology offered to pay lawyer fees and allowed her to work with them9

In addition to discrimination in the workplace there is public discrimination of women with

headscarves McCloud has included information presented by CAIR which cited its information as coming

from the Dallas Morning News and the Fort Worth Star-Telegram newspapers According to these sources

a Muslim wearing a face veil was forbidden from entering a convenience store in Arlington Texas An

employee explained that her attire as a customer was forbidden CAIR contacted the owners of this

Diamond Shamrock Inc and after threats of boycotts and objections the company decided to offer money

in order to compensate for their act10

Also McCloud cited a story from Pescersquos article in USA Today explaining that a woman with a face

veil was arrested in St Paul Minnesota The city accordingly banned face coverings after recent robberies

in the city11 This does not seem like discrimination though it can be considered disrespectful to the woman

who was probably innocent and simply wanted the freedom to wear what she believed she had to wear for

her faith

Ghaibeh 5

McCloud also brings up an excellent point in her article about many veiled Muslim women in the

American workforce She explains that there are rarely any veiled women in high profile positions These

women apply for high profile careers but rarely pass the interview stage despite their qualifications Some

Muslims and non-Muslims suggest to these women that they remove their headscarves Even peers and

colleagues in universities discourage the wearing of the veil Some the veiled women actually do remove

their veils12

The BBC reports that in 2002 a Muslim American woman named Sultaana Freeman who wears a

facial veil that only permits her eyes to be shown tried to sue the state when they refused to offer her a

driverrsquos license because she refused to take off her facial veil She aimed to protect her right of religious

freedom However Judge Thorpe did not consider the need to show the face for a driverrsquos license photo

threaten religious freedom She reasoned that showing the face was necessary for security reasons

Freeman believes she must cover her face for religious reasons but Muslim scholars differ on whether or

not the face should be covered The American Civil Liberties Union (ACLU) actually supported Freeman

in this case claiming that this type of prejudice was probably due to then very recent attacks of 91113

However the case of Freeman does not seem like a true discriminatory case as the reason for the veil

removal request was for security and identity purposes

The 2007 report of ldquoThe Status of Muslim Civil Rights in the United Statesrdquo shows that in

19951996 the number of civil rights cases of discrimination reported against Muslims in general (male or

female) was 80 In 19961997 there were 240 cases reported In 19971998 there were 284 cases reported

In 19981999 there were 285 cases reported and in19992000 the number of civil rights cases of

discrimination reported was under 32214 These numbers include all Muslims who reported a case of

discrimination whether headscarved women or not The point is that the numbers of cases of discrimination

against Muslims have been increasing over the years

Another table in the same report by CAIR records the most common places for acts of discrimination

towards all Muslims which are summarized here from the most common place to the least common place

Ghaibeh 6

Muslim organizationmosque (2643) government agency (2284) workplace (1812) school

(561) prison police public accommodation airport (271) internetemailmailphone court housing

media street Muslim-owned business other private homeproperty shopping center and financial

institution15 We do not know where veiled women may have experienced the most discrimination But we

do know that they have experienced it in the workplace Also we can hypothesize that they have

experienced it in school airports over the internetemailmailphone shopping centers private

homeproperty and maybe other places

In the Council of American Islamic Relationsrsquo Status of Muslim Civil Rights Reports of 1999

complaints by headscarved women came in second place which seems to be progress compared to previous

years16 According to the New York City Commission on Human Rights the NYPD Hate Crimes Task

Force has realized a significant increase in discriminatory acts in the weeks after 911 In addition results

from a survey reveal that Muslims believe discriminatory acts towards them has risen significantly after

91117 Unfortunately the 911 incident affected both Muslims and non-Muslims making the lives of so

both more difficult CAIR also includes information from their report ldquoAmerican Muslims One Year

After 911rdquo that within the six months after 911 there have been 1717 cases of civil rights cases reported

for both male and female Muslims which is a significant increase compared to the previous years18

CAIR included a study in the report ldquoThe Status of Muslim Civil Rights in the United States

Unequal Protectionrdquo in 2005 regarding percentages of headscarved women in America who have been

discriminated against In 2005 there were 131 cases reported of discrimination by hijab or scarf wearing

women which is 864 of the triggers of discrimination Also in 2005 there were 6 reported cases of

discrimination by women who wear the niqab which is 04 of the triggers of discrimination Other

triggers of discrimination included things such as beards Muslim names halal food Kuran etc19

CAIRrsquos ldquoStatus of Muslim Civil Rights in the United Statesrdquo for 2008 reports that out of the

identification factors that trigger discrimination there were 165 cases reported of headscarved women or

622 from the total factors Also there were 8 cases reported of niqab wearing women or 03 from the

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 3

Garamonersquos article of 2001 in the US Department of Defense says that the religion of Islam is

increasing more rapidly than any other religion in America The American Muslim population ranges

between five and seven million3 However regarding the number of Muslims in the United States the

Religious Tolerance organization explains that there is no way to find out this number exactly and estimates

of the number of Muslims in North America range from one to seven million as of 20024 The US Census

Bureau reports that the population of the United States is approximately 309 million for the year 20105

The First Amendment of the Constitution of the United States is about freedom of religion It states

ldquoCongress should make no law respecting an establishment of religion or prohibiting the free exercise

thereofhelliprdquo6 Therefore the United States government is not allowed to interfere with an individualrsquos choice

to wear religious attire such as the Muslim veil Also according to the US National Archives and Records

Administration the Civil Rights Act of 1964 banned discrimination in the hiring promoting and firing of

people on the basis of race7

However McCloud describes a few discriminatory situations which have occurred in the United

States in her article from 1995-1996 For example she explains an article from the Washington Post that in

the state of California a Muslim woman was fired from her job as a Pinkerton Security amp Investigation

Services security guard because her boss told her that her headscarf could not be part of the uniform even

though she was hired while wearing the headscarf When she was hired the company did not mention to

her that they could not hire her with her headscarf There is another instance which McCloud includes in

her article which she cited from the Council of American-Islamic Relations (CAIR) In the state of

Virginia a headscarved woman was fired immediately after completing her job orientation for declining to

take off her headscarf This case is similar to the previous one because this woman was also not told that

she must remove her headscarf during her job orientation Also like the previous case the wearing of the

headscarf would not prevent or make difficult the ability to accomplish the job tasks Hiring staffs of

companies realize that they cannot refuse work to qualified applicants for religious reasons because it is

illegal Companies prefer firing the women later in hope of protecting themselves and their reputation

Ghaibeh 4

They prefer to use the excuse that the women with headscarves declined the removal of their scarves when

told the scarves did not fit with the uniforms even though the women were not told they had to do so upon

their hiring Also companies feel that their customers prefer shopping from people who do not consist of

minorities by their different attire Hiring staffs were probably trying to avoid being accused of

discrimination when they hired the women with headscarves So they created the excuse that the scarves

could not work with the uniforms In both cases the women held top positions within the companies in

which they were hired and the companies probably feared negative reactions from customers8

McCloud cited third case from the Washington Post in which a veiled women who declined the

removal of her headscarf was not allowed to report to work at the Quality Inn The manager explained that

her headscarf would not fit in with the uniform and other employees may begin to wear headscarves if she

worked at the hotel When members of the Muslim community objected and tried compromising the hiring

staff expressed their apology offered to pay lawyer fees and allowed her to work with them9

In addition to discrimination in the workplace there is public discrimination of women with

headscarves McCloud has included information presented by CAIR which cited its information as coming

from the Dallas Morning News and the Fort Worth Star-Telegram newspapers According to these sources

a Muslim wearing a face veil was forbidden from entering a convenience store in Arlington Texas An

employee explained that her attire as a customer was forbidden CAIR contacted the owners of this

Diamond Shamrock Inc and after threats of boycotts and objections the company decided to offer money

in order to compensate for their act10

Also McCloud cited a story from Pescersquos article in USA Today explaining that a woman with a face

veil was arrested in St Paul Minnesota The city accordingly banned face coverings after recent robberies

in the city11 This does not seem like discrimination though it can be considered disrespectful to the woman

who was probably innocent and simply wanted the freedom to wear what she believed she had to wear for

her faith

Ghaibeh 5

McCloud also brings up an excellent point in her article about many veiled Muslim women in the

American workforce She explains that there are rarely any veiled women in high profile positions These

women apply for high profile careers but rarely pass the interview stage despite their qualifications Some

Muslims and non-Muslims suggest to these women that they remove their headscarves Even peers and

colleagues in universities discourage the wearing of the veil Some the veiled women actually do remove

their veils12

The BBC reports that in 2002 a Muslim American woman named Sultaana Freeman who wears a

facial veil that only permits her eyes to be shown tried to sue the state when they refused to offer her a

driverrsquos license because she refused to take off her facial veil She aimed to protect her right of religious

freedom However Judge Thorpe did not consider the need to show the face for a driverrsquos license photo

threaten religious freedom She reasoned that showing the face was necessary for security reasons

Freeman believes she must cover her face for religious reasons but Muslim scholars differ on whether or

not the face should be covered The American Civil Liberties Union (ACLU) actually supported Freeman

in this case claiming that this type of prejudice was probably due to then very recent attacks of 91113

However the case of Freeman does not seem like a true discriminatory case as the reason for the veil

removal request was for security and identity purposes

The 2007 report of ldquoThe Status of Muslim Civil Rights in the United Statesrdquo shows that in

19951996 the number of civil rights cases of discrimination reported against Muslims in general (male or

female) was 80 In 19961997 there were 240 cases reported In 19971998 there were 284 cases reported

In 19981999 there were 285 cases reported and in19992000 the number of civil rights cases of

discrimination reported was under 32214 These numbers include all Muslims who reported a case of

discrimination whether headscarved women or not The point is that the numbers of cases of discrimination

against Muslims have been increasing over the years

Another table in the same report by CAIR records the most common places for acts of discrimination

towards all Muslims which are summarized here from the most common place to the least common place

Ghaibeh 6

Muslim organizationmosque (2643) government agency (2284) workplace (1812) school

(561) prison police public accommodation airport (271) internetemailmailphone court housing

media street Muslim-owned business other private homeproperty shopping center and financial

institution15 We do not know where veiled women may have experienced the most discrimination But we

do know that they have experienced it in the workplace Also we can hypothesize that they have

experienced it in school airports over the internetemailmailphone shopping centers private

homeproperty and maybe other places

In the Council of American Islamic Relationsrsquo Status of Muslim Civil Rights Reports of 1999

complaints by headscarved women came in second place which seems to be progress compared to previous

years16 According to the New York City Commission on Human Rights the NYPD Hate Crimes Task

Force has realized a significant increase in discriminatory acts in the weeks after 911 In addition results

from a survey reveal that Muslims believe discriminatory acts towards them has risen significantly after

91117 Unfortunately the 911 incident affected both Muslims and non-Muslims making the lives of so

both more difficult CAIR also includes information from their report ldquoAmerican Muslims One Year

After 911rdquo that within the six months after 911 there have been 1717 cases of civil rights cases reported

for both male and female Muslims which is a significant increase compared to the previous years18

CAIR included a study in the report ldquoThe Status of Muslim Civil Rights in the United States

Unequal Protectionrdquo in 2005 regarding percentages of headscarved women in America who have been

discriminated against In 2005 there were 131 cases reported of discrimination by hijab or scarf wearing

women which is 864 of the triggers of discrimination Also in 2005 there were 6 reported cases of

discrimination by women who wear the niqab which is 04 of the triggers of discrimination Other

triggers of discrimination included things such as beards Muslim names halal food Kuran etc19

CAIRrsquos ldquoStatus of Muslim Civil Rights in the United Statesrdquo for 2008 reports that out of the

identification factors that trigger discrimination there were 165 cases reported of headscarved women or

622 from the total factors Also there were 8 cases reported of niqab wearing women or 03 from the

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 4

They prefer to use the excuse that the women with headscarves declined the removal of their scarves when

told the scarves did not fit with the uniforms even though the women were not told they had to do so upon

their hiring Also companies feel that their customers prefer shopping from people who do not consist of

minorities by their different attire Hiring staffs were probably trying to avoid being accused of

discrimination when they hired the women with headscarves So they created the excuse that the scarves

could not work with the uniforms In both cases the women held top positions within the companies in

which they were hired and the companies probably feared negative reactions from customers8

McCloud cited third case from the Washington Post in which a veiled women who declined the

removal of her headscarf was not allowed to report to work at the Quality Inn The manager explained that

her headscarf would not fit in with the uniform and other employees may begin to wear headscarves if she

worked at the hotel When members of the Muslim community objected and tried compromising the hiring

staff expressed their apology offered to pay lawyer fees and allowed her to work with them9

In addition to discrimination in the workplace there is public discrimination of women with

headscarves McCloud has included information presented by CAIR which cited its information as coming

from the Dallas Morning News and the Fort Worth Star-Telegram newspapers According to these sources

a Muslim wearing a face veil was forbidden from entering a convenience store in Arlington Texas An

employee explained that her attire as a customer was forbidden CAIR contacted the owners of this

Diamond Shamrock Inc and after threats of boycotts and objections the company decided to offer money

in order to compensate for their act10

Also McCloud cited a story from Pescersquos article in USA Today explaining that a woman with a face

veil was arrested in St Paul Minnesota The city accordingly banned face coverings after recent robberies

in the city11 This does not seem like discrimination though it can be considered disrespectful to the woman

who was probably innocent and simply wanted the freedom to wear what she believed she had to wear for

her faith

Ghaibeh 5

McCloud also brings up an excellent point in her article about many veiled Muslim women in the

American workforce She explains that there are rarely any veiled women in high profile positions These

women apply for high profile careers but rarely pass the interview stage despite their qualifications Some

Muslims and non-Muslims suggest to these women that they remove their headscarves Even peers and

colleagues in universities discourage the wearing of the veil Some the veiled women actually do remove

their veils12

The BBC reports that in 2002 a Muslim American woman named Sultaana Freeman who wears a

facial veil that only permits her eyes to be shown tried to sue the state when they refused to offer her a

driverrsquos license because she refused to take off her facial veil She aimed to protect her right of religious

freedom However Judge Thorpe did not consider the need to show the face for a driverrsquos license photo

threaten religious freedom She reasoned that showing the face was necessary for security reasons

Freeman believes she must cover her face for religious reasons but Muslim scholars differ on whether or

not the face should be covered The American Civil Liberties Union (ACLU) actually supported Freeman

in this case claiming that this type of prejudice was probably due to then very recent attacks of 91113

However the case of Freeman does not seem like a true discriminatory case as the reason for the veil

removal request was for security and identity purposes

The 2007 report of ldquoThe Status of Muslim Civil Rights in the United Statesrdquo shows that in

19951996 the number of civil rights cases of discrimination reported against Muslims in general (male or

female) was 80 In 19961997 there were 240 cases reported In 19971998 there were 284 cases reported

In 19981999 there were 285 cases reported and in19992000 the number of civil rights cases of

discrimination reported was under 32214 These numbers include all Muslims who reported a case of

discrimination whether headscarved women or not The point is that the numbers of cases of discrimination

against Muslims have been increasing over the years

Another table in the same report by CAIR records the most common places for acts of discrimination

towards all Muslims which are summarized here from the most common place to the least common place

Ghaibeh 6

Muslim organizationmosque (2643) government agency (2284) workplace (1812) school

(561) prison police public accommodation airport (271) internetemailmailphone court housing

media street Muslim-owned business other private homeproperty shopping center and financial

institution15 We do not know where veiled women may have experienced the most discrimination But we

do know that they have experienced it in the workplace Also we can hypothesize that they have

experienced it in school airports over the internetemailmailphone shopping centers private

homeproperty and maybe other places

In the Council of American Islamic Relationsrsquo Status of Muslim Civil Rights Reports of 1999

complaints by headscarved women came in second place which seems to be progress compared to previous

years16 According to the New York City Commission on Human Rights the NYPD Hate Crimes Task

Force has realized a significant increase in discriminatory acts in the weeks after 911 In addition results

from a survey reveal that Muslims believe discriminatory acts towards them has risen significantly after

91117 Unfortunately the 911 incident affected both Muslims and non-Muslims making the lives of so

both more difficult CAIR also includes information from their report ldquoAmerican Muslims One Year

After 911rdquo that within the six months after 911 there have been 1717 cases of civil rights cases reported

for both male and female Muslims which is a significant increase compared to the previous years18

CAIR included a study in the report ldquoThe Status of Muslim Civil Rights in the United States

Unequal Protectionrdquo in 2005 regarding percentages of headscarved women in America who have been

discriminated against In 2005 there were 131 cases reported of discrimination by hijab or scarf wearing

women which is 864 of the triggers of discrimination Also in 2005 there were 6 reported cases of

discrimination by women who wear the niqab which is 04 of the triggers of discrimination Other

triggers of discrimination included things such as beards Muslim names halal food Kuran etc19

CAIRrsquos ldquoStatus of Muslim Civil Rights in the United Statesrdquo for 2008 reports that out of the

identification factors that trigger discrimination there were 165 cases reported of headscarved women or

622 from the total factors Also there were 8 cases reported of niqab wearing women or 03 from the

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 5

McCloud also brings up an excellent point in her article about many veiled Muslim women in the

American workforce She explains that there are rarely any veiled women in high profile positions These

women apply for high profile careers but rarely pass the interview stage despite their qualifications Some

Muslims and non-Muslims suggest to these women that they remove their headscarves Even peers and

colleagues in universities discourage the wearing of the veil Some the veiled women actually do remove

their veils12

The BBC reports that in 2002 a Muslim American woman named Sultaana Freeman who wears a

facial veil that only permits her eyes to be shown tried to sue the state when they refused to offer her a

driverrsquos license because she refused to take off her facial veil She aimed to protect her right of religious

freedom However Judge Thorpe did not consider the need to show the face for a driverrsquos license photo

threaten religious freedom She reasoned that showing the face was necessary for security reasons

Freeman believes she must cover her face for religious reasons but Muslim scholars differ on whether or

not the face should be covered The American Civil Liberties Union (ACLU) actually supported Freeman

in this case claiming that this type of prejudice was probably due to then very recent attacks of 91113

However the case of Freeman does not seem like a true discriminatory case as the reason for the veil

removal request was for security and identity purposes

The 2007 report of ldquoThe Status of Muslim Civil Rights in the United Statesrdquo shows that in

19951996 the number of civil rights cases of discrimination reported against Muslims in general (male or

female) was 80 In 19961997 there were 240 cases reported In 19971998 there were 284 cases reported

In 19981999 there were 285 cases reported and in19992000 the number of civil rights cases of

discrimination reported was under 32214 These numbers include all Muslims who reported a case of

discrimination whether headscarved women or not The point is that the numbers of cases of discrimination

against Muslims have been increasing over the years

Another table in the same report by CAIR records the most common places for acts of discrimination

towards all Muslims which are summarized here from the most common place to the least common place

Ghaibeh 6

Muslim organizationmosque (2643) government agency (2284) workplace (1812) school

(561) prison police public accommodation airport (271) internetemailmailphone court housing

media street Muslim-owned business other private homeproperty shopping center and financial

institution15 We do not know where veiled women may have experienced the most discrimination But we

do know that they have experienced it in the workplace Also we can hypothesize that they have

experienced it in school airports over the internetemailmailphone shopping centers private

homeproperty and maybe other places

In the Council of American Islamic Relationsrsquo Status of Muslim Civil Rights Reports of 1999

complaints by headscarved women came in second place which seems to be progress compared to previous

years16 According to the New York City Commission on Human Rights the NYPD Hate Crimes Task

Force has realized a significant increase in discriminatory acts in the weeks after 911 In addition results

from a survey reveal that Muslims believe discriminatory acts towards them has risen significantly after

91117 Unfortunately the 911 incident affected both Muslims and non-Muslims making the lives of so

both more difficult CAIR also includes information from their report ldquoAmerican Muslims One Year

After 911rdquo that within the six months after 911 there have been 1717 cases of civil rights cases reported

for both male and female Muslims which is a significant increase compared to the previous years18

CAIR included a study in the report ldquoThe Status of Muslim Civil Rights in the United States

Unequal Protectionrdquo in 2005 regarding percentages of headscarved women in America who have been

discriminated against In 2005 there were 131 cases reported of discrimination by hijab or scarf wearing

women which is 864 of the triggers of discrimination Also in 2005 there were 6 reported cases of

discrimination by women who wear the niqab which is 04 of the triggers of discrimination Other

triggers of discrimination included things such as beards Muslim names halal food Kuran etc19

CAIRrsquos ldquoStatus of Muslim Civil Rights in the United Statesrdquo for 2008 reports that out of the

identification factors that trigger discrimination there were 165 cases reported of headscarved women or

622 from the total factors Also there were 8 cases reported of niqab wearing women or 03 from the

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 6

Muslim organizationmosque (2643) government agency (2284) workplace (1812) school

(561) prison police public accommodation airport (271) internetemailmailphone court housing

media street Muslim-owned business other private homeproperty shopping center and financial

institution15 We do not know where veiled women may have experienced the most discrimination But we

do know that they have experienced it in the workplace Also we can hypothesize that they have

experienced it in school airports over the internetemailmailphone shopping centers private

homeproperty and maybe other places

In the Council of American Islamic Relationsrsquo Status of Muslim Civil Rights Reports of 1999

complaints by headscarved women came in second place which seems to be progress compared to previous

years16 According to the New York City Commission on Human Rights the NYPD Hate Crimes Task

Force has realized a significant increase in discriminatory acts in the weeks after 911 In addition results

from a survey reveal that Muslims believe discriminatory acts towards them has risen significantly after

91117 Unfortunately the 911 incident affected both Muslims and non-Muslims making the lives of so

both more difficult CAIR also includes information from their report ldquoAmerican Muslims One Year

After 911rdquo that within the six months after 911 there have been 1717 cases of civil rights cases reported

for both male and female Muslims which is a significant increase compared to the previous years18

CAIR included a study in the report ldquoThe Status of Muslim Civil Rights in the United States

Unequal Protectionrdquo in 2005 regarding percentages of headscarved women in America who have been

discriminated against In 2005 there were 131 cases reported of discrimination by hijab or scarf wearing

women which is 864 of the triggers of discrimination Also in 2005 there were 6 reported cases of

discrimination by women who wear the niqab which is 04 of the triggers of discrimination Other

triggers of discrimination included things such as beards Muslim names halal food Kuran etc19

CAIRrsquos ldquoStatus of Muslim Civil Rights in the United Statesrdquo for 2008 reports that out of the

identification factors that trigger discrimination there were 165 cases reported of headscarved women or

622 from the total factors Also there were 8 cases reported of niqab wearing women or 03 from the

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 7

total factors20 Therefore there is an increase in discriminatory acts towards both hijab wearing and niqab

wearing women in the United States

CAIR also included another study regarding all Muslims in America that there has been an eleven

percent increase in civil rights reports from 2006 from 2007 (from 2467 to 2652 cases) and a three percent

increase in civil rights reports from 2007 to 2008 (from 2652 to 2728 cases) Also CAIR included a study

in the report ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo in which

percentages of headscarved women in America who have been discriminated against were offered for the

year 2009 There have been 153 reports of discrimination of hijab wearing women which is 561 of all

the factors triggering discrimination Also there has been 16 reports of discrimination of women who wear

the niqab which is 059 of the factors triggering discrimination21 Between 2008 and 2009 there appears

to be a significant rise in the number of reports of discriminatory acts toward niqab wearing women in the

United States

The American Civil Liberties Union reports in their article ldquoDiscrimination Against Muslim

Womenrdquo that Muslim women have been banned from wearing their veil in several contexts They have

experienced employment discrimination harassment a refusal of access to public places among other types

of discrimination Their headscarves make them stand out which makes them particularly vulnerable to

discrimination In fact they have increasingly been harassed since 91122 The ACLU mentions that expert

Alyssa Rippy has found that 69 of veiled women have experienced discrimination at least once compared

to 29 of unveiled women23

The ACLU also mentions where or in what situations veiled women have experienced

discrimination in America work school law enforcement contexts public places and in a obtaining

driverrsquos license For example the ACLU cites that teachers have been prevented from wearing religious

attire The ACLU cites a case reported by ADC that veiled girls have been rejected access to school

because of their veil which the school claimed it as violating the schoolrsquos dress code Also the ACLU cites

from the Washington Post and ESPN that veiled girls have been banned from certain extracurricular

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 8

activities such as sports The ACLU adds that veiled women have been denied the right to wear their veils

in jail and in the courthouse Also veiled women have been denied access to swimming pools24 These are

just a few of the many cases of discriminatory acts against veiled women in America

According to an article by AFP during Barack Obamarsquos Democratic campaign two Muslim women

wearing headscarves were forbidden from appearing in front of the camera Therefore the Council on

American Islamic Relations (CAIR) has requested an apology from Obama for the women and would like to

see an end to the antagonistic feelings in the United States towards Muslims CAIR is one of the most

influential organizations for the civil rights of Muslims in the United States Obama has apologized

However the one of the Muslim women Hebba Aref has felt that Obamarsquos volunteers do not want Obama

to be associated with Muslims or Muslim supporters This situation has occurred in Detroit Michigan

which has one of Americarsquos largest Muslim communities It was also noted that the other Muslim women

Shimaa Abdelfadeel has said that the volunteers told her that no one with any head coverings such as

baseball caps was allowed to appear behind Obama on camera and that the rule had nothing to do with her

religion Also the Obama campaign has explained that the volunteers were not instructed to request that the

women with headscarves be moved to prevent appearing on camera and the campaign has shown photos

from other events with Obama in which women with headscarves were shown25 It appears that Obama has

just been fearful of Americans thinking he is Muslim or is associated with Muslims because he wanted to

win the election and many Americans still had anti-Islamic sentiment since the September 11th attack The

fact that the volunteers claimed to have forbidden anyone with a head covering to appear behind Obama as

the news article explains does not seem believable

An article by Viorst ldquoThe Muslims of Francerdquo from Foreign Affairs explains how Islam became the

second largest religion in France due to the large number of North African Muslim immigrants in the 1960s

Some of the reasons why Francersquos Muslim population increased so much since include high birth rates and

illegal entrants In the few years before 1996 France suffered unemployment problems which a

disproportionate amount of Muslims suffered from and which the National Front blamed the Muslims for26

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 9

A BBC article from 2005 cited statistics from the National Institute for Statistics and Economic

Studies as well as the French government that out of Francersquos 623 million five to six million (or 8-96)

are Muslim Also out of all the European states France has the highest number of Muslims27 I decided to

choose France for the topic of discrimination because of this fact that France has the greatest number of

Muslims out of the European states in addition to the fact that France is in the process of implementing

additional laws involving the ban of the Muslim headscarf

However Sebian 2007 article notes that of the 35-5 million Muslims in France which was 6-85

of the statersquos population a minimum of 2 million actually have citizenship French law does not allow

distinguishing the people in their country according to religious faith Therefore no accurate statistics on

the French Muslim population exists28 While these statistical estimates are for the general Muslim

population we can imagine how much harder it may be to find statistics for Muslim women who wear the

veil

Human Rights First has written that in many areas of Europe and North America violence against

Muslims occurs daily There is a long history of discrimination prejudice and intolerance which has

increased in recent history especially after 911 Prejudice in the United States stem from acts of terror

such as 911 In France Human Rights First has cited information from the non-governmental organization

Collectif Contre lrsquoIslamophobie en France which claimed that discrimination (including violence) toward

Muslims has risen by 20 percent in 2007 from 2005 and 2006 However Human Rights First continues to

explain that there is an inadequate amount of statistics on discrimination and violence against Muslims29

This is for Muslims overall There is an even greater inadequacy of statistics on discrimination and violence

against veiled Muslim women

Also Human Rights First explains that discriminatory acts against Muslims are sometimes

categorized as acts against different races rather than acts against Muslims Some African-Americans may

be Muslim for example So some investigators may report an act of discrimination against an African-

American without mentioning the fact that they were Muslim or that the act of discrimination had anti-

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 10

Muslim sentiments behind it However researching is currently being conducted on discrimination against

Muslims30

Human Rights First cited statistics from the Commission Nationale Consultative des Droits de

lrsquoHomme that in 2007 there were 707 racist offenses 235 less than it was in 2006 Total number of racist

offenses declined by nine percent However people from North Africa who are usually Muslim accounted

for approximately 68 percent of racist violence and 60 percent of racist threats31

A 2010 article in the Otago Daily Times cites information from a study ldquoAre French Muslims

Really Discriminated Against In Their Own Countryrdquo explaining that French Muslims experience

discrimination because of their religion rather than their ethnicity The study found that Muslims were 25

times less likely to hear back from someone after applying for work than Christians were in France This

discrimination against Muslims affects their standard of living32 While these statistics are for the general

Muslim population we can imagine how much harder it may be for Muslim women who wear the veil

which is like a big sign saying they are Muslim

The ldquoMuslims of Francerdquo 1996 article explains that the Interior Ministry believes there are about

15000 high school girls who wore a headscarf out of about 300000 Muslims high school girls in France

but the Education Ministry believes these headscarved girls are more like 2000 The numbers of the

headscarved girls who decided not to go to school are unknown however The debate of the headscarves in

public schools began in 1989 when a few headscarved teenage girls were expelled from school in Creil

France because their headscarves were a religious symbol Negotiations regarding this issue continued for

a few years In 1994 the French government allowed students to wear religious symbols as long as they

were discreet This seemed to allow the Christian cross or the Jewish kippa but these things had to be

interpreted by each school Arguments continued on33

According to Elaine Sciolinorsquos article of the New York Times (former) French president Jacques

Chirac decided he would like to ban the wearing of the Muslim headscarf grand Christian crosses and

Jewish skullcaps in public schools in 2003 Chirac emphasized the tradition of secularism in France He

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 11

explained his belief in preserving Francersquos secularist values and his fear in the loss of secularism Chirac

believes there is no place for religious symbols in state schools He would like to see a ban on obvious

religious symbols His ban does not include unnoticeable religious symbols Chirac also would like a law

forbidding patients the ability to deny treatment from a physician of the opposite sex Sciolino has

explained that the greatest debate and sentiment to the banning of religious symbols pertains to the wearing

of the Islamic veil34

Sciolino includes a quote by Chirac ldquoAll the children of France whatever their background

whatever their origin whatever their belief are daughters and sons of the republicrdquo35 This statement was

probably made for political reasons in hope of unifying the country Sciolino adds that the majority of

people in France view the Islamic veil as something that challenges political stability in the nation

However there have been some teachers who secretly allowed their students to wear the veil Also some

leaders from Christian and Jewish communities have criticized the ban of the Islamic veil Sciolino has also

included an opinion poll from the CSA Institute which was published in the French newspaper Le Parisien

in her New York Times article explaining that 69 percent of Francersquos population support the banning of the

Islamic veil whereas in October the percentage was 55 Seventy-five percent of right-wing voters and 66

percent of left-wing voters support this ban36 Therefore it appears that the majority of France does not

support the wearing of the veil

In 2004 France implemented a law that forbade the wearing of the headscarf in public schools This

ban respects Francersquos historical decision to separate church from state37 But how is a headscarved student

affecting or influencing the government How does the wearing of the headscarf by these students change

Francersquos secularist values

According to Henleyrsquos article in the Guardian Chirac views the veil as ldquosomething aggressiverdquo

The people and the government of France support the ban of the veil in order to protect secularism from

what they believe is a militant Islam38 Unfortunately French non-Muslims misunderstand the Muslims in

their country of whom many are born in France or trying to assimilate into the country

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 12

Most Christians probably do not feel it is necessary to wear grand crosses The kippa is not required

in the holy book of the Jewish people But Muslims believe they are required to cover themselves with a

veil because of a couple verses from the Kuran the holy book for Muslims concerning the veil The

following quotation is from Abdallah Yousuf Alirsquos interpretation of the Kuran

ldquoAnd say to the believing women that they should lower their gaze and guard their modesty that

they should not display their beauty and ornaments except what (must ordinarily) appear thereof that they

should draw their veils over their bosoms and not display their beautyrdquo (Kuran chapter 24 verse 31 as

interpreted by Ali) There is a footnote in Alirsquos interpretation of the Kuran regarding the words ldquobeauty and

ornamentsrdquo from the Kuranic verse above The following is part of the footnote ldquoZinata means both natural

beauty and artificial ornaments I think both are implied here but mainly the former The women is asked

not to make a display of her figure or appear in undresshelliprdquo (Ali footnote 2985)

There is another verse in the Kuran regarding the veil It talks about the requirement of the veil for

all Muslim women Here is Alirsquos interpretation of it ldquoO Prophet Tell thy wives and daughters and the

believing women that they should cast their outer garments over their persons (when abroad)rdquo (Kuran as

interpreted by Ali chapter 33 verse 59) There are several footnotes in Alirsquos interpretation of the Kuran to

further explain this verse The footnote explaining the part about the believing women says ldquoThis is for all

Muslim women those of the Prophetrsquos household as well as the othersrdquo (Ali footnote 3764) Another

footnote by Ali explains the part about outer garments mentioned in the verse It says ldquoJilbabb plural

jalabib an outer garment a long gown covering the whole body or a cloak covering the neck and bosomrdquo

(Ali footnote 3765)39 Muslims believe their women must wear the veil due to these verses and

interpretations from the Kuran Therefore it is understandable that the ban of the veil could create much

discontent among Muslims It is also unfortunate that the state of France fails to recognize how important it

is for Muslims to be able to wear the veil

ab Zinat and Jilbab are the root forms of the Arabic terms used in the Kuranic verses

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 13

Dr An-Narsquoim explains that Muslims believe the Kuran is the literal word of God and the Sunna are

records of the behaviors of the prophet Muhammad in order to explain how Muslims should behave in

Islam Muslims believe it is forbidden to debate about anything from the Kuran but Muslims may debate

about Sunna which was recorded a couple hundred years after Muhammadrsquos death Many Muslims believe

the Sunna recorded by Bukhari or Muslim are sahih or authentic However there is much controversy over

Sunna in general Debates over the interpretations of Sunna continue to this day Muslims feel they cannot

dispute religious law or sharia without the basis of Islamic literature40

However according to Erlanger of the New York Times International a Muslim leader in France

named Hassen Chalghoumi views the burqa as a form of extremism He sees the burqa as a sign of

inequality and believes it has no basis in Islam or in the Kuran He understands the reason France is

interested in banning the burqa He believes the burqa cuts French Muslim women from French society41

Therefore there are different interpretations of Islamic jurisprudence Not all Muslims agree with the need

to cover the face Chalghoumi seems to understands Sarkozyrsquos point of view

Francersquos discriminatory acts against veiled women involve several types Innovative Minds of the

UK described additional difficulties for veiled Muslim women in France Not only are headscarved females

expelled from public schools but in 2003 headscarved women became banned from marrying with their

headscarves on in French city halls France does not recognize religious weddings Also in 2003 the

French bank Societe Generale has turned away a Muslim woman for not taking off her headscarf when

asked to Sarkozy proposed in 2003 that Muslim women become forbidden from receiving an ID or

passport without taking off their headscarves Also Chirac made sure that Muslim women who prefer a

female doctor would be forbidden from requesting one meaning a lack of medical treatment In addition

Chirac made it possible for private businesses to fire their Muslim employees if they refuse to remove their

headscarves In 2003 Francersquos Justice Minister exchanged a headscarved woman from being a juror hoping

to ensure a fair trial in a murder case In 2002 a Muslim girl from Britain from forbidden from playing

sports in France because her headscarf In 2004 a mayor has banned fashion shows for including

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 14

headscarves42 This is just a brief review of the discrimination towards veiled Muslims that goes on in

France Unfortunately many aspects of these womensrsquo lives are affected

According to an article by the BBC in 2008 a woman who has been living in France since 2000 with

her husband and three children all of whom have French citizenship was rejected citizenship because of the

way she wears her veil which only permitted her eyes to be shown The French government does not

believe she is capable of co-existing with the French people harmoniously BBC continued to explain that

they viewed her as a ldquoradicalrdquo Muslim one who is overly subservient to the men in her family She has

tried to request citizenship in 2005 too But the government has refused to think that she could assimilate

into France43

According to the BBC article ldquoFrench pool bans a woman from swimming due to her ldquoburkinirdquo

which is an Muslim womanrsquos attempt for very conservative swimwear that went along with her Muslim

values44 How could this womenrsquos conservative swimwear actually harm anyone How come she cannot be

allowed to dress the way she wants at a swimming pool Perhaps other people felt uncomfortable with a

Muslim around

According to an article in The Guardian newspaper of the United Kingdom by Chrisafis French

president Nicolas Sarkozy has said in 2009 that full veils and face coverings which he believes are signs of

debasement are not welcome in France The government might later enforce a law forbidding the covering

of the face They believe that veils that just allow the eyes to be shown could be threatening to the nationrsquos

secularist values and gender equality Sarkozy does not think the burqa is a sign of religiosity but rather a

sign of debasement and submission He believes this is not a religious issue but rather an issue of the

freedom and dignity of women He regards the burqa as imprisonment and something that restricts women

from social interactions Sarkozy hopes to encourage freedom for women in France by banning the burqa45

However he may not understand how important it is for Muslim women to abide by certain religious

interpretations supporting the burqa

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 15

According to an article in The Guardian by Davies if any veiled women covers her face in public

she will have to pay a fine Sarkozy believes the veil that includes the covering of the face does not fit in

with French values It is guessed that nearly 2000 women in France wear the burqa46 We do not know yet

if this ban will pass successfully But some Muslims will become unhappy about it

The BBC claims that in 2010 a niqab-wearing women in France was fined for driving The reason

for the fine was that her vision was limited a very dangerous thing for drivers47 The police who had fined

this woman appear to have had a good justification This case may not seem like a discriminatory act to

some but may seem like a discriminatory act to others Whether or not it should be considered

discriminatory depends on how the veil was worn around the eyes whether it allowed the woman to see

clearly or not The wearing of the veil differs among women

According to a BBC article the top French administrators have warned the government against the

implementation of a total ban of the burqa saying it violates the French Constitution and the European

Convention for the Protection of Human Rights and Fundamental Freedoms They believe that a ban could

work in some places though48 Article 1 of French Constitution of 1958 states ldquoFrance shall be an

indivisible secular democratic and social Republic It shall ensure the equality of all citizens before the

law without distinction of origin race or religion It shall respect all beliefs It shall be organised on a

decentralised basisrdquo49 Also the Declaration of the Rights of Man and the Citizen Article 1 states ldquoMen are

born and remain free and equal in rights Social distinctions may be based only on considerations of the

common goodrdquo50 However France appears to ignore these articles focusing more on the 1905rsquos law on the

separation of church and state as a excuse for their banning of the veil which could be just discrimination in

disguise

There have been theories regarding reasons why France is interested in the banning of the Islamic

veil Abdo cited information from Baines that the French government is trying to encourage assimilation

reduce sexism counter Islamic fundamentalism though the French government misunderstands Islam and

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 16

has false ideas of Islam51 There is most likely to be a high level of prejudiced attitudes by the French

people towards Muslims in France

Zeiss translated an article by Gelie from Le Figaro that described Obamarsquos thoughts about Sarkozyrsquos

desire to ban the facial veil Obama disagrees with Sarkozy and believes women should have the freedom

to dress how they like Included in the article was a quotation by Obama ldquoIt is important for Western

countries to avoid impeding Muslim citizens from practicing religion as they see fit for instance by

dictating what clothes a Muslim woman should wearhellipWe cannot disguise hostility towards any religion

behind the pretence of liberalism52 Obamarsquos stance on the veil is clearly different than Sarkozyrsquos stance

Each of the two presidents have clearly different views about the veil Muslims in the United States may be

happier than Muslims in France after hearing these words from Obama The United States does seem to

accept the veil much more than France However discrimination still occurs in the United States in

different ways such as employment discrimination etc

In addition it is noted in the article that Obama has a veiled Muslim woman working in the White

House with him53 Even if many Americans including Americans in the White House may have certain

prejudices towards Muslims there are Muslims that work in the United States government This fact may

help many American Muslims have faith that their country is acting justly with them

In the Observers section of France 24 it is noted that Obama also said ldquoThe United States

government has gone to court to protect the right of women and girls to wear the hijab and to punish those

who would deny itrdquo The same site claims he added ldquoI reject the view of some in the West that a woman

who chooses to cover her hair is somehow less equal but I do believe that a woman who is denied an

education is denied equalityrdquo54 Fortunately veiled Muslims are allowed to receive an education in the

United States

President Sarkozy would like a banning of the facial veil in public places such as hospitals schools

and courts this May of 2010 Justifications for a ban of the veil in public places include combating fraud

security and satisfying the needs of certain public services However Francersquos highest administrative body

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 17

the State Council warns that this ban would be unconstitutional and go against European laws on human

rights55 If France implements this law banning the facial veil many Muslims in France and outside of

France will be unhappy

Veiled Muslim women in both France and the United States experience general discrimination such

as workersrsquo discrimination or sports discrimination However the nation of France has actual laws banning

the wearing of the veil in public schools On the other hand veiled Muslims are allowed much more

freedom in the United States There are no actual laws banning women from wearing the Islamic veil

Veiled women are allowed to go to school or attend university courses in the United States They are

allowed to become lawyers or hold government positions However the many discreet hidden cases of

discrimination should not be ignored Discrimination towards these women in the United States exists but

because there are no laws banning the wearing of the Islamic veil these cases of discrimination are much

more covert and hard to notice for many people Worker discrimination is often denied for example Or

the employers often give false reasons for the firing of these women in order to protect themselves On the

other hand France has direct laws banning the veil and is in the process of publicly debating an additional

law to ban the facial veil In France the banning of the veil is made very overt and public America makes

it appear that it does not have a problem with Muslims by allowing the headscarf Not all Muslims have

problems with discrimination in the United States regarding the wearing of the veil However in France all

Muslims are affected by the law banning the wearing of the veil in schools for example Either way the

peoplersquos sentiments towards Muslims may be the same in both countries France may experience more

discontent among its Muslim communities though because Muslims believe the veil is ordered to them in

the Kuran The Jewish kippa and a large Christian cross are not required in the sense that the veil is

required among Muslims

There needs to be more research conducted regarding cases or rates of discrimination among veiled

Muslim women in both the United States and France Unfortunately many cases go unreported or are

classified as other types of discrimination such as ethnic discrimination rather than religious Numbers

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 18

cannot be determined accurately because of these many cases that go unreported It is very difficult at the

present time to research this information It is possible that Muslims from other cultures prefer keeping

their troubles private or not making their problems public (it could be embarrassing to people of certain

cultures) On the other hand there may be many veiled women in the United States who have never

experienced any sort of discrimination But we cannot know these numbers exactly There are not enough

studies done on the subject to have a fair estimate of the rates of discrimination against these women

One of the reason things worked out the way they did is that France decided to separate religion

from state in 1905 This separation of church and state was used as an excuse for the banning of the veil

The ban was highly facilitated with this excuse On the other hand the United States had a history of people

seeking religious freedom The first amendment of the United States promotes religious freedom This

amendment is a good reason why there is no ban on the veil in the United States today There is

discrimination towards veiled women in the United States however such as workersrsquo discrimination Just

because there is no direct ban does not mean there is no discrimination which is a critical fact that the

public needs to understand This sort of discrimination is much more difficult to detect

If the law of separation of church and state in France was in 1905 why were the symbols outlawed

much later One of the most probable reasons is that the prevalence of Muslims in France has increased

With an increased prevalence and growth rate of Muslims France may feel threatened The French who

are mostly Christian would probably like to remain the majority

In a way laiumlciteacute is good because it might prevent conflict between people of different religious faiths

If religious symbols are made hidden and less noticeable then maybe the French people would see fewer

differences between each other If they see fewer differences between each other then there is a greater

chance for the Muslims or people of other faiths to integrate well into the French nation as well as a chance

of a reduction in discriminatory acts against people of different faiths However this attempt to unify the

people of different faiths is very difficult to achieve because of the Muslimsrsquo belief that the wearing of the

veil stems from the holy book which means they cannot ignore the veil

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 19

It seems that America improved over recent years because of the rise of CAIR The rise of CAIR

means that there is research done on cases of discrimination against Muslims The rise of CAIR also means

that Muslims have a place to go when discrimination happens to them which could involve the seeking of a

lawyer in order to protect civil rights There is also a gradual increase and beginning in the amount of

research going on in general in the subject of discrimination against Muslims including the discrimination

of veiled women by others If education about discriminatory practices increases it will become easier for

discrimination to decrease once more people are aware of the problem and speak out about it

The United States has a long history of racism and it is progressing in general over the centuries in

their acts towards other ethnicities or peoples However this progression may not be the case for Muslims

The event of 911 affected both American and French Muslims negatively Racial attitudes towards

Muslims resulted among many people in both nations and discrimination towards Muslims is still prevalent

The United States probably was especially affected by 911 CAIR has reported an general increase in

discrimination against Muslims over the years However veiled Muslim women in either nation do not

deserve to be discriminated against for the acts of the male religious fanatics who committed the crimes

Nor do they deserve to be discriminated against for any other reasons such as reasons that existed before

911 At the moment the numbers of Muslims are increasing in both nations and much more work needs to

be done to prevent and end discrimination towards these veiled women

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 20

Endnotes

1 BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

2Amir Muhammad ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

3Jim Garamone ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

4Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

5US Census 2010 httpwwwcensusgov (accessed April 18 2010)

6US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

7US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

8Aminah B McCloud ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

9 McCloud 51-59

10McCloud 51-59

11McCloud 51-59

12McCloud 51-59

13BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

14Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

15Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007

16Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3

Ghaibeh 21

2010)

17New York City Commission on Human Rights ldquoDiscrimination Against Muslims Arabs and South Asians in New York City Since 911rdquo Summer 2003 httpnycgovhtmlcchrpdfsur_reportpdf (accessed April 18 2010)

18Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo 2009 httpwwwcaircomPortals0pdfCAIR-2009-Civil-Rights-Reportpdf (accessed April 22 2010)

19Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States Unequal Protectionrdquo 2005 httpwwwcair-netorgPDF2005CivilRightsReportpdf (accessed April 22 2010)

20Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2008 httpwwwcaircomPortals0pdfcivilrights2008pdf (accessed April 22 2010)

21Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo 2009

22American Civil Liberties Union Foundationrsquos Womenrsquos Rights Project ldquoDiscrimination Against Muslim Womenrdquo November 2008 (httpwwwacluorgfilespdfswomensrightsdiscriminationagainstmuslimwomen1108pdf) (Accessed March 28 2010)

23Alyssa E Rippy amp Elana Newman unpublished raw data 2008 copy on file with the Womenrsquos Rights Project

24American Civil Liberties Union Foundationrsquos Womenrsquos Rights Project

25AFP via Google ldquoMuslims Decry Banning of Hijab-Wearing Women at Obama Eventrdquo June 19 2008 (httpafpgooglecomarticleALeqM5hBq0ntgycm19uK7rXfX0P-oJ5Fgw) (accessed March 28 2010)

26Milton Viorst ldquoThe Muslims of Francerdquo Foreign Affairs Vol 75 No 5 Pp 78-96 (September-October 1996) http0-wwwjstororgskylineucdenveredustablepdfplus20047745pdf (accessed April 24 2010)

27BBC News ldquoMuslims in Europe Country Guiderdquo 23 December 2005 httpnewsbbccouk2hieurope4385768stm (accessed April 18 2010)

28Elizabeth Sebian ldquoIslam in Francerdquo Euro-Islam News and Analysis on Islam in Europe and the United States Edited by Jennifer Selby 2007 httpwwweuro-islaminfocountry-profilesfrance (accessed April 26 2010)

29Human Rights First ldquoViolence Against Muslimsrdquo 2008 Hate Crime Surveyhttpwwwhumanrightsfirstorgpdffd08fd-080924-muslims-webpdf (accessed April 18 2010)

30 Human Rights First ldquoViolence Against Muslimsrdquo 2008 Hate Crime Survey

Ghaibeh 22

31Human Rights First ldquo2008 Hate Crime Survey Muslims v Official Statistics on Violence Against Muslimsrdquo 2008 httpwwwhumanrightsfirstorgdiscriminationreportsaspxs=muslimsampp=officialstats (accessed April 25 2010)

32Otago Daily Times ldquoStudy Shows French Muslims Hit by Religious Biasrdquo March 26 2010 httpwwwodtconznewsworld99211study-shows-french-muslims-hit-religious-bias (accessed April 25 2010)

33Milton Viorst

34Elaine Sciolino ldquoChirac wants religious attire banned in public schoolsrdquo The New York Times December 17 2003 httpwwwnytimescom20041027internationaleurope27francehtml) (accessed April 15 2010)

35Elaine Sciolino

36Elaine Sciolino

37BBC ldquoFrench Scarf Ban Comes Into Forcerdquo September 2 2004 httpnewsbbccouk2hi3619988stm (accessed April 15 2010)

38Jon Henley ldquoSomething aggressive about veils says Chiracrdquo The Guardian 6 December 2003 httpwwwguardiancoukworld2003dec06francejonhenley (accessed April 22 2010)

39Abdallah Yousef Ali (translator and editor) The Glorious Kurrsquoan Beirut Lebanon Dar Al-Fikir

40Abdullahi An-Narsquoim ldquoThe Rights of Women and International Law in the Muslim Contextrdquo HeinOnlinersquos Law Journal Library 9 Whittier Law Review 491 (1987-1988) httpheinonlineorgHOLLandingPagecollection=journalsamphandle=heinjournalswhitlr9ampdiv=39ampid=amppage= (accessed April 18 2010)

41Steven Erlanger ldquoFor a French Imam Islamrsquos True Enemy Is Radicalismrdquo New York Times International 13 February 2010 A5

42Innovative Minds ldquoProtest French Hijab Banrdquo January 14 2004 httpinmindscoukfrenchhijab-banhtmlt1 (accessed April 25 2010)

43BBC ldquoFrance Rejects Veiled Muslim Wiferdquo July 12 2008 httpnewsbbccouk2hieurope7503757stm (accessed on April 14 2010)

44BBC ldquoFrench Pool Bans lsquoBurkinirsquo Swimrdquo August 12 2009 (httpnewsbbccouk2hieurope8197917stm (accessed March 29 2010)

45Angelique Chrisafis ldquoNicolas Sarkozy Says Islamic Veils Are Not Welcome in Francerdquo The Guardian 22 June 2009 httpwwwguardiancoukworld2009jun22islamic-veils-sarkozy-speech-france (accessed April 14 2010)

46Lizzy Davies ldquoFull Veil Not Welcome in France says Sarkozyrdquo The Guardian January 14 2010 (httpwwwguardiancoukworld2010jan14sarkozy-full-veil-ban) (accessed April 15 2010)

Ghaibeh 23

47BBC ldquoFrench Police Fine Muslim Driver for Wearing Veilrdquo April 23 2010 httpnewsbbccouk2hi8641070stm (accessed April 25 2010)

48BBC ldquoFrench PM Advised Against Total Islamic Veil Banrdquo 30 March 2010 httpnewsbbccouk2hieurope8595589stm (accessed May 3 2010)

49French National Assembly ldquoConstitution of October 4 1958rdquo httpwwwassemblee-nationalefrenglish8abasphttpwwwassemblee-nationalefrenglish8abasp (accessed May 3 2010)

50Ministry of Foreign Affairs (France) ldquoThe Declaration of the Rights of Man and the Citizenrdquo 1789 httpwwwdiplomatiegouvfrenarticle_imprimphp3id_article=1505 (accessed May 3 2010)

51Aliah Abdo ldquoThe Legal Staus of Hijab in the United States A Look at the Sociopolitical Influences on the Legal Right to Wear the Muslim Headscarfrdquo University of California Hastings College of the Law Hastings Race and Poverty Law Journal Summer 2008 http0-wwwlexisnexiscomskylineucdenvereduuslnacademicresultsdocviewdocviewdodocLinkInd=trueamprisb=21_T9183295085ampformat=GNBFIampsort=BOOLEANampstartDocNo=1ampresultsUrlKey=29_T9183295090ampcisb=22_T9183295088amptreeMax=trueamptreeWidth=0ampcsi=292706ampdocNo=2 (accessed April 26 2010)

52Philippe Gelie ldquoObama Calls France Out On Banning Muslim Veilrdquo Translated by L McKenzie Zeiss Le Figaro June 5 2009 httpworldmeetsuslefigaro0000274shtml (accessed May 3 2010)

53Philippe Gelie

54France 24 The Observers ldquoObama Tackles the French on the Hijabrdquo June 5 2009 httpobserversfrance24comencontent20090605-obama-tackles-french-hijab-cairo-speech-france (accessed April 18 2010)

55 BBC ldquoThe Islamic Veil Across Europerdquo

Bibliography

Ghaibeh 24

Abdo Aliah ldquoThe Legal Staus of Hijab in the United States A Look at the Sociopolitical Influences on the Legal Right to Wear the Muslim Headscarfrdquo University of California Hastings College of the Law Hastings Race and Poverty Law Journal Summer 2008 http0-wwwlexisnexiscomskylineucdenvereduuslnacademicresultsdocviewdocviewdodocLinkInd=trueamprisb=21_T9183295085ampformat=GNBFIampsort=BOOLEANampstartDocNo=1ampresultsUrlKey=29_T9183295090ampcisb=22_T9183295088amptreeMax=trueamptreeWidth=0ampcsi=292706ampdocNo=2 (accessed April 26 2010)

AFP via Google ldquoMuslims Decry Banning of Hijab-Wearing Women at Obama Eventrdquo June 19 2008 (httpafpgooglecomarticleALeqM5hBq0ntgycm19uK7rXfX0P-oJ5Fgw) (accessed March 28 2010)

Ali Abdallah Yousef (translator and editor) The Glorious Kurrsquoan Beirut Lebanon Dar Al-Fikir

American Civil Liberties Union Foundationrsquos Womenrsquos Rights Project ldquoDiscrimination Against Muslim Womenrdquo November 2008 (httpwwwacluorgfilespdfswomensrightsdiscriminationagainstmuslimwomen1108pdf) (accessed March 28 2010)

An-Narsquoim Abdullahi ldquoThe Rights of Women and International Law in the Muslim Contextrdquo HeinOnlinersquos Law Journal Library 9 Whittier Law Review 491 (1987-1988) httpheinonlineorgHOLLandingPagecollection=journalsamphandle=heinjournalswhitlr9ampdiv=39ampid=amppage= (accessed April 18 2010)

Baines Cynthia DeBula LAffaire des Foulards - Discrimination or the Price of a Secular Public Education System 29 Vand J Transnatl L 303 304 (1996)

BBC ldquoFrench Police Fine Muslim Driver for Wearing Veilrdquo April 23 2010 httpnewsbbccouk2hi8641070stm (accessed April 25 2010)

BBC ldquoFrance Rejects Veiled Muslim Wiferdquo July 12 2008 httpnewsbbccouk2hieurope7503757stm (accessed on April 14 2010)

BBC ldquoFrench Scarf Ban Comes Into Forcerdquo September 2 2004 httpnewsbbccouk2hi3619988stm (accessed April 15 2010)

BBC ldquoFrench PM Advised Against Total Islamic Veil Banrdquo 30 March 2010 httpnewsbbccouk2hieurope8595589stm (accessed May 3 2010)

BBC ldquoFrench Pool Bans lsquoBurkinirsquo Swimrdquo August 12 2009 (httpnewsbbccouk2hieurope8197917stm (accessed March 29 2010)

BBC ldquoThe Islamic Veil Across Europerdquo April 22 2010 httpnewsbbccouk2hi5414098stm (accessed April 25 2010)

BBC News ldquoMuslims in Europe Country Guiderdquo 23 December 2005 httpnewsbbccouk2hieurope4385768stm (accessed April 18 2010)

BBC News ldquoUS Muslim Ordered to Lift Veilrdquo 6 June 2003

Ghaibeh 25

httpnewsbbccouk2hiamericas2970514stm (accessed April 18 2010)

CAIR News Release (Nov 8 1995) indicates this incident was reported in the Dallas Morning News and the Fort Worth Star-Telegram newspapers (Oct 1995)

Chrisafis Angelique ldquoNicolas Sarkozy Says Islamic Veils Are Not Welcome in Francerdquo The Guardian 22 June 2009 httpwwwguardiancoukworld2009jun22islamic-veils-sarkozy-speech-france (accessed April 14 2010)

ldquoCollections and Stories of American Muslims (CSAM)rdquo 2005 Rushdancom

Commission Nationale Consultative des Droits de lrsquoHomme La Lutte Contre le Racisme et la Xenophobie Rapport drsquoactivite 2007 Paris 2008 httplesrapportsladocumentationfrancaisefrBRP0840001670000pdf

Council on American Islamic Relations ldquoAmerican Muslims One Year After 911rdquo

Council on American-Islamic Relations CAIR Action Alert ldquoJC Penney Store Fires Muslim Woman for Refusing to Remove Head Scarfrdquo Alert 111 (Aug 5 1996)

Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States 1999rdquo 2010 httpwwwcaircomCivilRightsCivilRightsReports1999Reportaspx (accessed May 3 2010)

Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States Unequal Protectionrdquo 2005 httpwwwcair-netorgPDF2005CivilRightsReportpdf (accessed April 22 2010)

Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2007 httpwwwcaircomPortals0pdf2007-Civil-Rights-Reportpdf (accessed April 22 2010)

Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United Statesrdquo 2008 httpwwwcaircomPortals0pdfcivilrights2008pdf (accessed April 22 2010)

Council on American Islamic Relations ldquoThe Status of Muslim Civil Rights in the United States Seeking Full Inclusionrdquo 2009 httpwwwcaircomPortals0pdfCAIR-2009-Civil-Rights-Reportpdf (accessed April 22 2010)

Davies Lizzy ldquoFull Veil Not Welcome in France says Sarkozyrdquo The Guardian January 14 2010 (httpwwwguardiancoukworld2010jan14sarkozy-full-veil-ban) (accessed April 15 2010)

Erlanger Steven ldquoFor a French Imam Islamrsquos True Enemy Is Radicalismrdquo New York Times International 13 February 2010 A5

ESPN ldquoAn Angry Backlashrdquo Sept 24 2004 httpsportsespngocomespnnewsstoryid=1887618

Finn Peter Va Hotels Policy Angers Muslims Wash Post D01 (Apr 13 1996) Michael D Shear Hotel Owner Apologizes Wash Post B06 (Apr 19 1996)

France 24 The Observers ldquoObama Tackles the French on the Hijabrdquo June 5 2009

Ghaibeh 26

httpobserversfrance24comencontent20090605-obama-tackles-french-hijab-cairo-speech-france (accessed April 18 2010)

French National Assembly ldquoConstitution of October 4 1958rdquo httpwwwassemblee-nationalefrenglish8abasphttpwwwassemblee-nationalefrenglish8abasp (accessed May 3 2010)

Garamone Jim ldquoIslam Growing in America US Militaryrdquo US Department of Defense American Forces Press Service October 4 2001 httpwwwdefensegovnewsnewsarticleaspxid=44689 (accessed April 18 2010)

Gelie Philippe ldquoObama Calls France Out On Banning Muslim Veilrdquo Translated by L McKenzie Zeiss Le Figaro June 5 2009 httpworldmeetsuslefigaro0000274shtml (accessed May 3 2010)

ldquoHearn v Muskogee School Districtrdquo No 603-cv-00598 (ED Okla filed Oct 28 2003) (Mar 31 2004) available at httpwwwadcorgindexphpid=2183ampno_cache=1ampsword_list[]=headscarf

Henley Jon ldquoSomething aggressive about veils says Chiracrdquo The Guardian 6 December 2003 httpwwwguardiancoukworld2003dec06francejonhenley (accessed April 22 2010)

Human Rights First ldquoViolence Against Muslimsrdquo 2008 Hate Crime Surveyhttpwwwhumanrightsfirstorgpdffd08fd-080924-muslims-webpdf (accessed April 18 2010)

Human Rights First ldquo2008 Hate Crime Survey Muslims v Official Statistics on Violence Against Muslimsrdquo 2008 httpwwwhumanrightsfirstorgdiscriminationreportsaspxs=muslimsampp=officialstats (accessed April 25 2010)

Innovative Minds ldquoProtest French Hijab Banrdquo January 14 2004 httpinmindscoukfrenchhijab-banhtmlt1 (accessed April 25 2010)

ldquoKhatib v County of Orangerdquo et al No 807-cv-01012 (CD Cal filed Sept 4 2007)

ldquoMedina v County of San Bernardinordquo et al No 507-cv-01600 (CD Cal filed Dec 5 2007) ACLU press release and settlement agreement available at wwwacluorgmuslimwomen

McCloud Aminah B ldquoAmerican Muslim Women and US Societyrdquo Journal of Law and Religion Vol 12 No 1 (1995-1996) pp 51-59 httpwwwjstororgstable1051609 (accessed April 16 2010)

Ministry of Foreign Affairs (France) ldquoThe Declaration of the Rights of Man and the Citizenrdquo 1789 httpwwwdiplomatiegouvfrenarticle_imprimphp3id_article=1505 (accessed May 3 2010)

Muhammad Amir ldquoHistory The 1900srdquo httpwwwmuslimsinamericaorgindexphpoption=com_contentamptask=viewampid=17ampItemid=28 (accessed April 25 2010)

New York City Commission on Human Rights ldquoDiscrimination Against Muslims Arabs and South Asiansin New York City Since 911rdquo Summer 2003 httpnycgovhtmlcchrpdfsur_reportpdf (accessed April 18 2010)

Ghaibeh 27

Otago Daily Times ldquoStudy Shows French Muslims Hit by Religious Biasrdquo March 26 2010 httpwwwodtconznewsworld99211study-shows-french-muslims-hit-religious-bias (accessed April 25 2010)

Pesce Carolyn In Minn a Crime of Cover-Up USA Today 3A (Oct 5 1994)

Religious Tolerance ldquoHow Many Muslims Are in the US and the Rest of the Worldrdquo 2002 httpwwwreligioustoleranceorgisl_numbhtm (accessed May 3 2010)

Rippy Alyssa E amp Elana Newman unpublished raw data 2008 copy on file with the Womenrsquos Rights Project

Sciolino Elaine ldquoChirac wants religious attire banned in public schoolsrdquo The New York Times December 17 2003 httpwwwnytimescom20041027internationaleurope27francehtml) (accessed April 15 2010)

Sebian Elizabeth ldquoIslam in Francerdquo Euro-Islam News and Analysis on Islam in Europe and the United States Edited by Jennifer Selby 2007 httpwwweuro-islaminfocountry-profilesfrance (accessed April 26 2010)

US Census 2010 httpwwwcensusgov (accessed April 18 2010)

US Constitution 1995-2010 httpwwwusconstitutionnetconsthtmlAm1 (accessed May 3 2010)

US National Archives and Records Administration ldquoTeaching with Documents The Civil Rights Act of 1964 and the Equal Employment Opportunity Commissionrdquo httpwwwarchivesgoveducationlessonscivil-rights-act (accessed May 3 2010)

Viorst Milton ldquoThe Muslims of Francerdquo Foreign Affairs Vol 75 No 5 Pp 78-96 (September-October 1996) http0-wwwjstororgskylineucdenveredustablepdfplus20047745pdf (accessed April 24 2010)

The Washington Post ldquoWhen the Rules Run Up Against Faith Prep Athlete Wearing Muslim Clothing

Disqualified From Track Meetrdquo Jan 16 2008 httpwwwwashingtonpostcomwpdyncontentarticle20080115AR2008011503356html

The Washington Post Sunday 117 (Dec 17 1995)