Press Release
The European Court's Support of the Discriminatory French Niqab Ban Proves that Creating True Social Harmony is beyond the Reach of the Secular System!

On Tuesday 1st July, the European Court of Human Rights (ECHR) upheld the discriminatory French law banning Muslim women from wearing the face veil in public spaces. It followed a case brought by a 24-year-old French Muslim woman who argued that the ban violated her freedom of religion. The court ruled in favour of the French government, stating that the law had "an objective and reasonable justification" based upon the interests of maintaining social harmony. They therefore concluded that the ban was legitimate and did not breach the secular freedoms contained in the European Convention on Human Rights. The ruling provides further ammunition to other European states considering niqab bans. The ECHR has a notorious history of giving its backing to draconian laws that legalise discrimination against Muslims and their Islamic practices. In 2004, the court ruled in favour of the French hijab ban in state schools, commenting that such bans issued in the name of protecting secularism could be considered "necessary in a democratic society". In 2005, it also upheld Turkey's hijab ban in universities, justifying its decision on the basis of protecting the freedoms of others, public order, and the secular principles of Turkey.

This latest discriminatory ruling by Europe's highest human rights court is a further indictment on the secular system as well as an admission of failure by secular institutions and states that they lack the ability to create true social harmony. This is ‘human rights' secular style where religious minorities are completely stripped of their basic rights in the name of establishing social cohesion. It's a flawed philosophy symbolic of an utterly flawed system. It beggars belief that an inflammatory law that has already proven to have caused tensions and violence within societies, as seen by the clashes between Muslim protestors and police in Trappes, France last July, can be defended as a legitimate means to create harmonious community relations. Furthermore, this ruling further illustrates the fickle nature of secular freedoms which can be discarded at a whim to serve secular agendas - in this case to pressure Muslims living in the West to leave their Islamic values and embrace Western liberal ones. It proves yet again that the secular system works only in favour of those who embrace its ideals. Muslims should therefore never have even an iota of trust that such a system will ever protect their Islamic beliefs.

An irrational ideology that believes issuing discriminatory laws, stigmatizing religious communities, and using forced assimilation is the best manner to achieve healthy, cohesive societies has no place in organising the affairs of humanity. Islam in contrast prohibits the coercion of non-Muslims to leave their faith, establishing that conversion should be through conviction in belief rather than force of law. The Prophet (saw) said,

«من أسلم من أهل الكتاب فله أجره مرتين وله ما لنا وعليه ما علينا وإن لم يقبل فيترك على دينه» "And whoever became Muslim, whether Jew or Christian, then he is part of the believers. What is for them is for him, and what is upon them is upon him. And whoever remained Jew or Christian, he is not to be tormented or seduced from it." Hence under the Islamic system implemented by the Khilafah "Caliphate", non-Muslim minorities have the right to practice their faith without interference or harassment by the state. Furthermore, Islamic laws prohibit any discrimination between Muslim and non-Muslim in the protection of their beliefs, life, honour, and property. This is why under the centuries of Islamic rule of the glorious Khilafah "Caliphate", Muslims and non-Muslims lived side by side in peace, feeling equally respected and protected. Furthermore, nations embraced Islam in masses, not through coercion and fear but due to witnessing the justice of its laws and the goodness they brought to mankind.

We call Muslims in the West to stay firm and steadfast upon their Islamic beliefs. And we call the Muslim Ummah globally to reject the flawed secular system, embracing instead the call for the establishment of the Khilafah "Caliphate" in the Islamic lands that alone can create social harmony between those of all colours, races, and creeds.

Dr. Nazreen Nawaz
Member of the Central Media Office of Hizb ut Tahrir