Times Online and PA
Enter our Snapshots of Summer photography competition
The wearing of the Muslim veil in court was backed by new official guidelines today.
Senior judges who examined whether Muslim women should be allowed to wear the full facial covering, known as the niqab, said it should be decided on a case-by-case basis.
Muslim women should be permitted to wear the garment providing it did not interfere with the administration of justice, the Judicial Studies Board’s Equal Treatment Advisory Committee said.
The guidance follows a case at an immigration court in Stoke-on-Trent last November where the judge, George Glossop, ordered an adjournment because he was having difficulty hearing legal executive Shabnam Mughal.
The guidelines said: “Each situation should be considered individually in order to find the best solution in each case.”
Forcing a woman to choose between participating in a court case or removing the veil could have a “significant impact on that woman’s sense of dignity”, it added, and could serve to “exclude and marginalise” her.
Committee chairwoman Mrs Justice Cox said: “At the heart of our guidance is the principle that each situation should be considered individually in order to find the best solution in each case.
“We respect the right for Muslim women to choose to wear the niqab as part of their religious beliefs, although the interests of justice remain paramount.
“If a person’s face is almost fully covered, a judge may have to consider if any steps are required to ensure effective participation and a fair hearing - both for the woman wearing a niqab and for other parties in the proceedings.
“This is not an issue that lends itself to a prescriptive approach - we have drawn on a wealth of cases that demonstrate that, and we have drawn up guidance for different court personnel and parties.”
If the wearer is appearing as a victim, it should not be “automatically assumed” that the niqab would create a problem, the guidelines said.
“Nor should it ever be assumed without good reason that it is inappropriate for a woman to give evidence in court wearing the full veil,” it added.
If a judge felt it necessary to ask a victim to remove her veil, he or she should consider the request carefully, and be “thoughtful and sensitive”.
The courtroom could even be cleared of anyone not directly involved in the case for her to proceed with her evidence, it said.
Asking a witness or defendant to remove the garment may be appropriate but “careful thought” should be given to any such request, the guidelines said.
Regarding a Muslim woman appearing as a barrister, solicitor or other advocate, judges should assume they are entitled to wear the veil, it went on.
“There are few instances where an advocate or representative appearing in a niqab would be likely to present any real issue,” it said.
“Just as in any case where a judge might have difficulty in hearing any party, witness or advocate, sensitively inquiring whether they can speak any louder or providing other means of amplification should suffice and such measures should be considered with the advocate before asking her to remove her veil.”
Regarding jurors in niqabs, a judge may wish to consider excusing her if a challenge is made by one of the parties, it said, providing there is a genuine basis for the objection.
The guidelines come after widespread concern over the wearing of the niqab in schools - by both children and staff - as well as in other areas.
In February, a 12-year-old Muslim girl who wanted to wear a full-face veil in class lost her legal battle when a High Court judge dismissed a challenge to her school’s uniform policy.
Mr Justice Silber rejected her claim that the school in Buckinghamshire had interfered with her right to freedom of religion under the Human Rights Convention.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
I'm am a white British revert to Islam, and I wear a face veil. I think what the courts have stated is fair. It is understandable that wearing a veil may impose problems in certain situations. However I disagree with the statement Andrew Armitage has made, as I am a British revert then this is my country too, I do not understand would you expect the over 14,000 British converts to Islam to leave their own country to practice their new found religious beliefs?
Aeishah Griffiths-Williamson, London, UK
The judges seem to have adopted a fair and balanced approach to this subject. Justice is being seen to be done the question now is whether it will be done. As for arguments that range from 'my right to view' 'adopting a host country's culture' 'fradulent testimony' 'not being able to hear' and other such arguments. The judges have shown the good sense to know that (a) the most prominent consideration is the individuals right and liberty, God given or constitutionally so, to observe their own particular brand of religion so long as it does not directly harm others in society and (b) that in practise, with the values of tolerance, patience, liberty, multi-culteralism, freedom of religion, thought and consciounce instilled and regarded most high by the legal proffession and British public alike any likely problems that may arise from the use of the veil are easily circumvented. After all one does not apply these arguments to a child on halloween or witness in a court behind a screen.
Imran, Coventry, UK
First of all, please do not cite unsubstantiated, provocative rumour about a terrorist fleeing the country as an example of misuse of the niqaab. Secondly please read the report carefully and be proportionate in your response. The guidance is to be applied on a case to case basis and is not a blanket pronouncement. Standard-bearers of freedom of expression need not get ruffled over this.
Shermeen Butt, Somersham, UK
So all someone needs to do is claim to be a Muslim convert and - hey presto! - she can rule out several facial cues and clues to whether she is lying or telling the truth. And there are a lot. Communication is largely nonverbal. All a woman who is clever with her vocal intonations needs to do is practise some oral dissembling in the full knowledge that any blushes (anger, shame) or face whitening (fear) or expressions other than with the eyes will simply not be clocked by those who need to hear and see that communication. Neat. I like it. Bring on the next excuse for people not to integrate and play by our rules when in our country.
Andrew Armitage, West Wales, UK
This is a grave error of judgement which we will all come to regret.
The attempt to 'be all things to all people' will lead ulitmately to Britain signifying nothing to anyone. People who come to this country and want to become accredited professional staff in out institutions should be required to accept British mores and customs.
Imagine the Sharia court allowing a woman to represent a defendant with hair and shoulders exposed. I think not. A prime case for stoning, woudnt you think?
Chris, Leigh-on-Sea, UK
If a Muslim woman comes to Britain she should be aware that it's not acceptable to have her face covered all the time. If a Muslim woman is born and brought up in Britain, her parents should have realised that it wasn't acceptable before they came to the country. It's up to Muslims to integrate and assimilate into British society... rather than constantly expecting society to change for them.
John, Derby, England
I don't think many of the 'inflamed' readers have actually read the article properly! A court is a place where we expect the utmost justice to be done to any party, whether a defendant, victim, legal representative and so on. The article makes it quite clear that every case will be decided on it's own merit. If the judge feels it appropriate he/she can ask the female to remove the niqab or make other arrangements. So why the fuss? Let the trusted judges do the justice.
If someone appearing in the court wants to see 'everyone', let him/her raise that with his/her lawyer? Or by some other means. A muslim woman will not object to a body search by another woman, so the security issue can be resolved.
The number of ethnic minority women, particularly Muslim women, is already very low in legal profession and to make stringent rules will deter others. This will certainly achieve equality and fairness within the justice system!
Zara, Derbyshire, UK
I still remember a judge saying ''I always listen more favorably to Counsel whose legs are encased in striped trousers''.
gwilym rhys-jones, costa del sol, spain
if a woman is required to remove the niqab in saudi arabia to prevent fraudulent testimony by impersonators why not send our human rights advocates there in order to enlighten the saudis on how things should be done.
my goodness we do need to wake up to what is going on in the u.k.
pitt, bolton, england
The guidance is bang on!. It 's right for the issue to be held at the discretion of the individual judge, after all he/she is presiding the courtroom proceedings.
Suhail Zina, London, UK
Having just read this article and for once being in sympathy with all of the associated comments (so far) I am forced to agree with the statement "the law sir, is an ass!"
It makes you wonder what these people are thinking. It does the cause of race and/or religious relations no good at all. Mind you they've probably got a lower second in Sociology so thats alright then.
Bill Glanvill, Horsham, England
These guidelines are intended to allow veils and are putting "thoughtful and sensitive" hurdles in the way of their removal. In other words, most of the time only unreasonable judges would order their removal. And if the other comments are correct: that it is expected in islamic courts for women to remove their veils, then this is just one more example of western grovelling. We grovel and fudge things rather than offend others. Imagine future medical texts saying that female circumcision "should be considered individually in order to find the best solution in each case".
Kenneth Hutchison, Tauranga, New Zealand
I too am angry that it seems we are always having to accommodate bolshy Muslims these days. However, i think this is a sensible decision. It will be left to the judge's discretion to deem the best course of action in each individual case.
In any case, it is surely right and proper to afford dignity to all British citizens. The more we do so, the more immigrants and 'late arrivals' will feel proud of, and prepared to defend, this nation.
Seb Carroll, London, London
A niqab takes on less of a cultural statement these days than a political one. Either way I believe it to be at odds with western society. Encouraging it's use only aids those who oppose us.
Paul McCloskey, London, England
Why in Gods name are we even discussing this? Wig and gown has been quite sufficient for our legal representatives for a fair old time, and I honestly can see no virtue in pandering to a tiny, if vociferous, religious minority in the name of political correctness in allowing the wearing of attire that is in all conscience only suited to the desert. A couple of weeks ago I was in Egypt in a sandstorm, and that was the only time I have seen that a niquab was of any practical value, and I'm quite sure there aren't that many sandstorms in British courts!
Mind you, some of the legal eagles I've seen, wearing one of these things would be an improvement.
Incidentally would a nudist be allowed to be nude in court in order to represent another nudist? I dont think so!
MA
Mike Asacret, Cambridge, England
The decision is curious. A person appearing in a court should appear in a manner that makes identification easy and possible. If somebody wears a nikab, impersonation is possible and if such impersonation occurs the administration of justice gets derailed to that extent. Nikaab should be allowed where identification is possible or where identification of a person is unnecessary. The least one expects when an immgration applicant appears before an immigration court is the applicant is appears physically and without obstruction by the court by the court., subject of sourse to normal standards of decency.
Umakantha Sarma, Plano, Texas, USA
Well, it's not always your right, so don't consider it as such. What about witness protection? I realise that does not come into play in this article above, but I am merely informing you that it is not always what happens.
Elyse, London,
I don't agree that the veil should be allowed.
Apart from the need to see the face , there is the security factor, would
Muslim women prefer a body search ? no, I didn't think so .
We come back to the same question then, why is it neccessary to
cover the face & cloak a body in this camoflage which could hide a
great deal more than a womans modesty, it as has already been
proven by one man as an easy disguise.
It would be quite a coup for terrorists to get into the British law courts.
I f we cannot travel through security at airports with our jackets on,
why should a Muslim be allowed to cover head to toe in our law courts.
maggie Millington, Brittany, France
Al-Dasooqi said: " When testimony is given concerning a woman who wears niqaab (face-veil), she has to remove her niqaab. This applies in the case of marriage and other matters, such as selling, giving gifts, debts, power of attorney, and so on. This is the opinion favoured by our shaykh." (Haashiyat al-Dasooqi 'ala'l-Sharh al-Kabeer, 4/194).
It is permissible for a woman to uncover her face when she is giving testimony in court, whether she is a witness in a case or is there to witness a deal, and it is permissible for the qaadi (judge) to look at her in order to know who she is and to protect the rights of all concerned.
Shaykh al-Dardeer said: "It is not permitted to give testimony against a woman in niqaab until she uncovers her face so that it may be known who she is and what she looks like." (Al-Sharh al-Kabeer li'l- Shaykh al-Dardeer, 4/194)
Salauddin, London, UK
I don't agree that the veil should be allowed.
Apart from the need to see the face , there is the security factor, would
Muslim women prefer a body search ? no, I didn't think so .
We come back to the same question then, why is it neccessary to
cover the face & cloak a body in this camoflage which could hide a
great deal more than a womans modesty, it as has already been
proven by one man as an easy disguise.
It would be quite a coup for terrorists to get into the British law courts.
I f we cannot travel through security at airports with our jackets on,
why should a Muslim be allowed to cover head to toe in our law courts.
maggie Millington, Brittany, France
Great Britian is a western nation, not a Middle Eastern nation. The laws and customs of a nation must be followed by immigrants; otherwise, there will be chaos.
It is not unreasonable to expect a person to display his or her entire face while in court. To suggest otherwise is absurd.
Muslims cannot come to England (or America for that matter) and feel they have the right to change our way of life.
Thomas W. Cunningham, Jr., St. Petersburg, Florida, USA
OK, well in that case should I ever be in court for anything, I will feel entitled to adopt a face mask to gain a strategic interpersonal advantage, no different from balaclava muggers and hoody thugs. If I can see them, but they can't see me, that's an advantage in adverserial interpersonal communication.
Besides which, my religion of The Holy Green Grebo Sky God says I MUST wear it......so I demand society respects that.
Joe, Manchester,
Apoplectic!!!!!
Michael, Bridgwater, Somerset
if a wanted male terrorist can slip through customs wearing nothing but the niqab I wonder how easy it's going to be for people to impersonate someone else in a court room.
R, Princes Risborough, UK
This is so stupid!
Even in Saudi Courts a woman is required to remove the niqab (face veil) since that is the only way to prevent fraudulent testimony from impersonators!
Salauddin, London, UK
If I was to appear in court I should consider it my 'right' that I should be able to see everybody else involved in the case. No veils, ever.
David Leslie, Perth, Scotland