European Court of Justice Legalises Discrimination Against Muslim Women for Adorning the Islamic Dress
On Tuesday 14th of March 2017, the
European Court of Justice (ECJ) ruled that employers could ban employees from
wearing religious symbols, including the Islamic headscarf worn by Muslim
women. In a statement, it asserted that an internal company rule which
prohibits the visible wearing of a religious sign does not constitute direct
discrimination. The judgement came in response to the cases of two Muslim women
in France and Belgium who were dismissed from their job for refusing to remove
the headscarf. Through this xenophobic discriminatory ruling against foreigners,
the ECJ has proven yet again that the secular system is not fit for purpose
with regards to protecting the rights of religious minorities. Indeed, such
religious discrimination and intolerance is ingrained in the genetic make-up of
the secular ideology as evident in the bans on the hijab, niqab, mosque
minarets, and other Islamic beliefs in many secular states across the world.
This oppressive judgement has widespread implications for Muslim women in
Europe with regards to employment and sends out a clear message that if they
wish to dress according to their Islamic obligations then they will be
effectively excluded from the workplace. Therefore, it is blatantly clear that
it is not Islam which is misogynistic and marginalizes Muslim women from having
an active role within their societies but rather the repressive secular system
which unjustly forces them to choose between their deeply-held religious
convictions and the right to earn a living or pursue a career.
As has become the custom of secular governments
and institutions, the ECJ has chosen to accommodate and legalise anti-Muslim
populist prejudices rather than fight against it. It emphasizes the inherent
dangers of the fickle and unpredictable secular system where the rights of
religious minorities are at the mercy of the bigotry of those who rule and
judge and can be discarded according to their prejudicial whims. Furthermore,
this secular social engineering to force Muslim women to leave their Islamic
beliefs and embrace a secular identity is just the latest chapter of the
desperate measures being employed by Western governments and their institutions
to fight the overwhelming Islamic resurgence of Muslims in the West. Indeed,
such discriminative rulings and bans on Islamic religious practices demonstrate
the intellectual weakness of the flawed secular system which having failed to
convince Muslims to adopt its beliefs through strength of argument, resorts to
coercion and bans. This ECJ judgement will only add to the stigmatization of
Muslim women which is already intense in states across Europe and has
contributed to the epidemic of hate-crimes perpetrated against them. How can
any system which legally sanctions discrimination against religious minorities,
excludes their women from societies due to their religious beliefs, and places
their basic religious rights in the shredder to keep pace with xenophobic
populist trends, ever be considered as a credible system to govern any society?
In stark contrast, under the Islamic ruling
system of the Khilafah, the rights of non-Muslim religious minorities are set
in stone for they are prescribed by the Creator and not the fickle biased minds
of human beings. They have the same rights of citizenship as given to Muslims
and are permitted to practice their religious beliefs without harassment or
stigmatization by the state or from any Muslim. Indeed, the Khilafah State
(Caliphate) upon the Methodology of the Prophethood is obliged to protect its
non-Muslim citizens from any harm or discrimination due to their faith. Due to this
state and its protection, those of various religious beliefs embraced Islam in
hordes. It was not due to coercion or bans on their religious practices that
they accepted Islam but due to witnessing the justice of Islamic rule and
comprehending the truth of its beliefs. So, under which system of ruling – the one
from man OR from the One who created man – are the rights of religious
minorities best safeguarded? And which system embodies the qualities to govern
over mankind with justice? It is the System of the
Lord of the worlds only.
In these difficult
times, we call our dear Muslim sisters in Europe and across the West, to keep
firm in the adherence to their Islamic dress and all their Islamic obligations,
and to keep their vision fixed on the unimaginable rewards awaiting them in
Jannah for their steadfastness in their Deen.
Dr.
Nazreen Nawaz
Director of the Women’s Section in the Central
Media Office of Hizb ut Tahrir
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