From the first day the Justice and Development Party (AKP) with its so-called Islamic roots came to power in Turkey, many Muslims in the country believed that they would be able to gain their rights of practicing their Islamic obligations and live as Muslims with dignity and honour. Leading these hopes was the belief that the hijab ban imposed upon girls and women in schools, universities, hospitals, and other public buildings for decades would now be lifted.

However the Muslims of Turkey had to wait for 10 more years in order to witness the possible removal of this ban on this basic Islamic obligation of the believing woman. On the 15th February 2013, Egemen Bağış, Turkey's EU Minister declared when submitting a report to the cabinet regarding the regulations on headscarf dress code in the public sector of various European countries, that the laws regulating the headscarf ban in Turkey had no judicial foundations and therefore the government was not required to amend a law to replace the existing practice. So according to Bağış the removal of the hijab ban, even under Turkey's corrupt secular system had been a simple matter all this time - one that many of the Turkish public had known for years but one that Erdogan's government had conveniently chosen to overlook during its decade in power and hence had failed to overturn, despite its ‘simple' ability to do so.

Studying some of the recent events around the hijab issue in Turkey reveals that the recent relaxation of the ban in various sectors of the society has been an arranged rigged game with the agenda of achieving certain cynical aims of this secular democratic government.

The whole story started last November with the introduction of a new regulation that allowed Islamic Imam Hatip school students to wear hijab, while continuing the ban in all state schools across the country. Of course this led to a big outcry, because some hard-core Secularists and Kemalists thought that they would now see the lifting of the hijab ban in regular schools too. These fears were mollified by the government, when the Minister of Education, Ömer Dinçer declared: "We would have lifted the whole hijab ban, if we wanted to do so!"

In January 2013, the Turkish Council of State decided to allow female lawyers to wear the hijab inside law courts. In February 2013, Fatma Şahin, Minister for Family Affairs and Social Policies suggested that the the hijab ban in the Turkish parliament should be lifted, stating "If we want democracy to move forward it must also include MPs who wear headscarves." In the same month the Turkish Sports and Youth Minister Suat Kılıç called the prohibition of headscarf in sporting events as "backward and primitive." And then came the comments from Turkey's EU Minister Egemen Bagis that suggested that the lifting of the hijab ban would be a simpler process than many may think.

Alongside all this, maybe the most important action over the past month was the "10 Million-Signature Campaign for Free Dress Code in Public Areas" launched by the Confederation of Public Servants Trade Unions (Memur-Sen). The petition exceeded the 10 million mark and was presented to Turkey's Labour Minister in March. In addition, Memur-Sen General Manager Ahmet Gündoğdu, declared that the hijab ban in Turkey will be lifted definitively after the 15th of March, even if parliament does not make a change in the laws and that on that date civil servants are going to ignore the hijab ban by continuing their jobs while wearing the headscarf. He emphasized that they want "any regulations contradicting the process of becoming democratic to be erased," and that they do not want women's rights to education, work and politics to be seized any longer.

 

But why is the Turkish government relaxing the hijab ban now and even seeming to wish to lift it all together, for nothing has changed until now in Turkey's constitution or in any other law regarding the hijab issue that has eased the legislative/judicial process of removing the prohibition of the headscarf in the country? This is the real question which should be borne in mind when examining the events of the last few months.

 

So what explains the Turkish government's recent stance towards the hijab? Well firstly, in recent years, Erdogan and the AKP with their capitalist policies have been working to increase female employment as a means to increase economic growth in the country. The removal of the hijab ban would aid achieving this economic goal by removing the obstacle to many women entering work in the public sector. Secondly, the government wishes to soften public anger to the introduction of its controversial 4th judicial package which will lead to the possible release from prison of members of Ergenekon, Balyoz, or PKK - organisations that have engaged in violence or tried to de-stabilise the state. The lifting of the hijab ban would serve as a convenient sweetner to curb public anger to this new policy. And thirdly, Turkey's position as a so-called "Role Model" for the Arab world - as presented by a number of Arab and Western politicians and governments - has been doubted by the Muslim world and by European countries over the past few months and so needs a new kick. The possible lifting of the hijab ban would serve this purpose.

So in the true style of any secular, capitalist system that only acts upon opportunism, the Turkish government's relationship with the hijab has been based on pure opportunism and political point-scoring rather than any sense of Islamic duty to enable Muslim women to fulfil their Islamic obligation of dressing according to that commanded by their Creator. This is afterall a leadership that continues to allow alcohol, extra-marital relationships and riba to exist freely within the society. Neither is the relaxation or possible lifting of the ban based upon any sense of righteousness or establishing justice and rights for their citizens - considering that this is a government that continues to be notorious for imprisoning the dawah carriers of Islam, simply for accounting its corruption, oppression and non-implementation of Islam.

However, one of the most important reasons for the relaxation and possible lifting of the hijab ban is the Turkish government's eagerness to to prove to the Muslims of Turkey that the democratic system works in securing their rights - i.e. that it was only by engaging in the democratic process that such change was possible. The aim therefore is to present the democratic system as a credible, working system and therefore one that Muslims in Turkey should continue to embrace and work within.

Some may believe that the the lifting of the ban, would demonstrate the success of the democratic system. However, this is a misguided belief, because a successful system would not need more than 10 years in order to secure people's basic rights. In addition, this is still the same democracy that stripped women in Turkey for years of the ability to fulfil their Islamic dress in education or employment. And it is the same democracy, protected by the European Court of Human Rights, which in 2006 ruled in favour of the University of Istanbul and against Leyla Sahin - a medical student in Turkey who was prevented from completing her medical degree by the university due to her headscarf. Furthermore, even back in in 2008, Prime Minister Erdogan stated regarding the hijab ban, "There is no need to wait for a new constitution ... This is easy to solve... We just have to sit together and it will be solved by an agreement upon a common sentence" indicating the government's ability to lift the ban if they really wished to do so, regardless of the people engaging in the democratic process. But they chose not to - demonstrating the true nature of democracy as a system under which the rights of the people are subject to the whims of rulers and parliaments. The relaxation or lifting of the hijab ban is therefore not a reflection of the success of the democratic process or system, rather it is the reflection of the political interests of those in power.

Definitely the hijab ban in Turkey should be lifted, for the khimar (headscarf) and jilbab (outer gown) is the obligated dress of the woman in public life as commanded by Allah (swt) and prescribed in the Qur'an and Sunnah. However, the lifting of the ban should not be a cause of celebration of Turkey's democratic system or the so-called, "Moderate Islamist" government that currently rules the state. It is simply the familiar cynical secular politics of capitalist governments and political parties driven by self-benefit at play. Furthermore, as Muslim women we must understand that Muslim women in Turkey suffered under this hijab ban due to the absence of the system of Allah (swt). We must understand that such a ban would have never occured if we lived lives as servants of Allah (swt) under His Laws and Judgements and not under the man-made secular democratic system. At the same time it is neither only the hijab issue that has to be solved, nor is it only the national problems that need resolution but rather the Muslim Ummah today faces a mountain of problems that need to be resolved, including Muslims being killed, raped and tortured next door in Syria and all around the world which needs an urgent end.

Islam does not only have rules for individuals, but also rules related to the human being as a member of a society that regulates every aspect of a Muslim's life, including their duty to their fellow Muslims. The believer has a responsibility to fulfil all these Commands of Allah (swt) and ensure all the laws of Allah are implemented, and not be contented with the ability to practice a few personal obligations, for Allah (swt) says,

أَفَتُؤۡمِنُونَ بِبَعۡضِ ٱلۡكِتَـٰبِ وَتَكۡفُرُونَ بِبَعۡضٍ۬‌ۚ فَمَا جَزَآءُ مَن يَفۡعَلُ ذَٲلِكَ مِنڪُمۡ إِلَّا خِزۡىٌ۬ فِى ٱلۡحَيَوٰةِ ٱلدُّنۡيَا‌ۖ وَيَوۡمَ ٱلۡقِيَـٰمَةِ يُرَدُّونَ إِلَىٰٓ أَشَدِّ ٱلۡعَذَابِ‌ۗ وَمَا ٱللَّهُ بِغَـٰفِلٍ عَمَّا تَعۡمَلُونَ

"Do you take only part of the Book and reject the rest? But what is the reward for those amongst you who behave like this but disgrace in this life and and on the Day of Judgement they will be given the most grievous of punishments. And Allah is not unaware of what you do." [TMQ Al-Baqara: 85]

The only manner by which Muslim and non-Muslim men and women can live a dignified life is to live under the Khilafah "Caliphate" system which the secular leaders of Turkey as well as those of the rest of the world are eager to prevent. It is this state alone that will implement all the Laws of Allah upon Turkey and all our Muslim lands, which includes ensuring full protection of the Islamic dress of the Muslim woman. The laws of this system and the rights of individuals that it prescribes is not open to change based upon which ruler is in power but rather fixed, for the Khilafah "Caliphate" is a state where legislation is based upon the Islamic texts and not the fickle minds or self-interests of politicians or rulers. Furthermore, it is a state that will unify Muslims under one single system, ensure their protection as one Ummah, and solve their problems as human beings rather than based on nationalities or national interests.

Therefore the focus of attention of the sincere believers of Turkey can surely not simply be on removing the hijab ban from the country but rather on removing the oppressive regimes and systems in Turkey and across the Muslim world under which the people of the region have suffered too long, and joining the work to establish the shield and guardian of the Ummah, the Khilafah "Caliphate". Allah (swt) says,

فَلِذَٲلِكَ فَٱدۡعُ‌ۖ وَٱسۡتَقِمۡ ڪَمَآ أُمِرۡتَ‌ۖ وَلَا تَتَّبِعۡ أَهۡوَآءَهُمۡ‌ۖ وَقُلۡ ءَامَنتُ بِمَآ أَنزَلَ ٱللَّهُ مِن ڪِتَـٰبٍ۬‌ۖ وَأُمِرۡتُ لِأَعۡدِلَ بَيۡنَكُمُ‌ۖ ٱللَّهُ رَبُّنَا وَرَبُّكُمۡ‌ۖ لَنَآ أَعۡمَـٰلُنَا وَلَكُمۡ أَعۡمَـٰلُڪُمۡ‌ۖ لَا حُجَّةَ بَيۡنَنَا وَبَيۡنَكُمُ‌ۖ ٱللَّهُ يَجۡمَعُ بَيۡنَنَا‌ۖ وَإِلَيۡهِ ٱلۡمَصِيرُ

"So unto this (religion of Islam alone and this Qur'an) then invite (people), (O Muhammad), and stand firm on Islam as you are commanded and do not follow their desires but say, "I believe in whatsoever Allah has sent down of the Qur'an, and I have been commanded to do justice among you. Allah is our Lord and your Lord. For us are our deeds, and for you your deeds. There is no (need for) argument between us and you. Allah will assemble us all, and to Him is the final return." [TMQ Ash-Shura: 15]

 

 

Umm Khalid

Member of The Central Media Office of Hizb ut Tahrir