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Niqab gradually returns amid uncertainty, police action
Four women were detained in the Galle Face Green on Friday amidst growing confusion over use of the face veil after the State of Emergency lapsed last week.
The women, family members of a leading businessman, were attired in the niqab which is a full face veil with an opening for the eyes. They were taken in by the Air Force and handed over to police. They were then searched by women police constables and released with the intervention of Western Province Governor Azath Salley after statements were taken.
An official position cannot be given on whether or not the face veil is still banned until legal advice is obtained from the Attorney General’s Department, Police Spokesman Ruwan Gunasekera told the Sunday Times. Community leaders maintain that, since face covers were banned under the Emergency Regulations, the prohibition is no longer valid.
A regulation gazetted by President Maithripala Sirisena on April 29, eight days after the Easter Sunday bombings, states: “No person shall wear in any public place any garment or such other material concealing the full face which will in any manner cause any hindrance to the identification of a person”. The Emergency lapsed on August 22.
Several Muslim representatives said the Government must clarify the position. “People are confused and some are beginning to wear it,” said Hilmy Ahmed, Vice President of the Muslim Council of Sri Lanka. “We want to take it up with the IGP (Inspector General of Police). We have asked for a meeting but not got it yet.”
The Muslim Council has urged the religious body, All Ceylon Jamiyyathul Ulama (ACJU), to formally request women to voluntarily shun the niqab or burka until the Government declares it permissible. One fear is that Muslims who wear it could become the targets of “vigilante groups”.
“Why encourage that?” Mr Ahmed asked. “We want a position from the Government. The IGP must issue a statement, either way–whether it’s allowed or not.”
The ACJU has so far resisted. One reason could be that, at a meeting in Dehiwala attended by more than 5000 people, voices were raised against a continued ban.
Religious leaders are afraid of a backlash, Mr Ahmed said. “We are pushing them,” he continued. “We spoke to them even this morning. They need to take responsibility. As it is, there is no direction for anybody.”
But the community is deeply divided on the issue. On Facebook and via Whatsapp, a man named “Miflal Moulavi” has circulated a voice recording urging Muslims to return to face veils saying there is no longer any legal compulsion to avoid it. He says it is their right and blames “anti-Muslim elements”–including among Muslims–of wrong interpretation of Islamic teaching. He urges women to go out in veils. And he says he will petition the Supreme Court if any attempt is made to permanently ban the niqab or burka.
Mr Salley said the Justice Ministry had prepared a Cabinet paper proposing the introduction of a law to permanently ban the covering of faces. However, Sri Lanka Muslim Congress leader and Minister Rauff Hakeem opposed it at a Cabinet meeting, saying there were sufficient laws and there was no requirement for specific legislation to tackle face veils.
The President was also approached by Mr Salley who told him that it was the president who was being blamed for seeking a permanent ban as it was he who had first gazetted the regulation under Emergency. Muslims are against a targeted law.
The former governor said there was no reason for Muslim women to wear face veils. If even Saudi Arabia says it was not obligatory, why should women here wear the garb of Saudi Arabians?
However, there was also a question of a woman’s fundamental right to use it if she wished to. Mr Salley felt there should be voluntary action by Muslims to avoid it. He said there were incidents in Eravur in the East and other places where women with face veils were taken in for questioning.
“People doing it purposely will unnecessarily cause a law to be brought in introducing a permanent ban,” he warned. “It will be embarrassing then if women are taken into remand. At least now it’s restricted to going to the police, identifying yourself and giving a statement before release.”
Mr Salley says nobody can stop the police from taking someone in on suspicion. But it could turn nasty owing to the current situation in the country.
“The face veil ban was implemented under Emergency,” said Sheikh Fazil Farook, ACJU Media Secretary. “Now that it’s lifted, I don’t know who is breaking the law–the public who use it or the police who take action against them.”
The Government must give clear direction, Sheikh Farook said. “As a religious body, we are totally against a permanent law to ban the face veil,” he said. “It is a woman’s right. But when there was a need for security measures in the country, we requested the Muslim women not to cover their faces and to keep them visible due to the emergency situation.”
“What we are telling them now is to take it lightly and be wise in doing things as there is a wave of racists who take these things to another level and also a wave of politics,” he explained. “We have given direct guidance to the Muslim community. Things are not in place properly, there is no law and order, the situation is not conducive.”