Demonising Muslim women solves nothing but fuels racial division

MUCH more threatening than women wearing burqas are those who want the burqa banned — they’re doing little more than fuelling racial and religious divisions, writes Susie O’Brien.

There is not need to single out women wearing burqas or niqabs as a special group representing a major security risk.

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WOMEN wearing face-obscuring burqas and niqabs in court should be required to remove them for identification and safety purposes. And if the judge requests it, they should also have to remove them to give evidence or be cross-examined.

The same rules should apply for anyone wearing a motorcycle helmet, balaclava or hat.

However, when the items in question have religious significance, the issue should be handled sensitively. The court should be respectful of the person’s religious preferences and try to accommodate them.

With regard to removing a burqa, the identity check could be done in a private room or the woman could disrobe in front of female security guards. Or she could give evidence via video link or in front of a closed court.

The issue has arisen again this week after Opposition leader Matthew Guy said women who refused to show their face in court could face two weeks in jail or a $1500 fine.

It’s part of a wider push to force people to show more respect when in court.

The broader issue is one I support. Sadly, there does seem to be a need to compel people to adhere to court processes and traditions. Too often people refuse to stand to show respect, fail to turn up, or use public galleries to hold rowdy protests.

We may not like the burqa or understand why they are worn, but we must respect religious symbols and clothing

But there is no need to single out women wearing burqas or niqabs as a special group representing a major security risk.

Why not make it a blanket law that anyone refusing to follow a direction from a judge should be prosecuted rather than focusing on one group in our society?

Focusing solely on women wearing burqas gives the false impression that there is a spate of women wasting up precious court time by refusing to show their faces.

But just as there is no crime spree involving Muslim women who exploit the fact that their identity is obscured, there is no long list of women refusing to be identified in court.

A much bigger issue than Muslim women committing crimes is non-Muslims using burqas to commit crimes. One so-called “burqa bandit” was in fact a male armed robber.

As I have said before, I am not a fan of the burqa. I think they are intimidating symbols of oppression and are inappropriate for our climate and lifestyle.

However, I am not a Muslim woman and I support the right of any person to wear garments or symbols as part of the observance of their faith as long as doesn’t break Australian laws or customs.

I passionately believe that at all times police and court processes should take precedence over religious observations — regardless of the faith.

Let’s not forget that the issue of women wearing burqas or niqabs in Australian courts is one that police, judges and court official already have the power to act on. This issue came up in New South Wales recently when Moutia Elzahed, one of the wives of convicted Islamic State recruiter Hamdi Alqudsi, wanted her face covered when giving evidence.

Convicted Islamic State recruiter Hamdi Alqudsi.

Judge Audrey Balla stopped Ms Elzahed from giving evidence, saying she needed to see her face to assess her credibility.

Even then Judge Balla offered some common sense compromises, including offering to close the court and allow Ms Elzahed to give evidence via video link. Ms Elzahed declined those options and did not end up giving evidence and her case against the police for brutality was thrown out.

The issue also came up in 2010 when a 36-year-old Muslim woman, known only as Tasneem, wished to testify while wearing a full-face veil. However, in that case — involving fraud of school funds involving another person — the woman accepted the decision of the court. She later issued a statement that said she was a “proud, law abiding Australian” and was “not trying to change the Australian way of life” but merely trying to live by her beliefs.

Much more threatening than women wearing burqas are those who want the burqa banned. In my mind they’re doing little more than fuelling racial and religious divisions.

This includes Senator Jacqui Lambie who put a photo of a Muslim women in a burqa holding a handgun on her Facebook page in 2014. The caption read: Terror attack level: Severe — an attack is highly likely. For security reasons its now time to ban the burqa.”

But the photo was in fact Afghanistan’s first female policewoman, not a terrorist.

Let’s focus on those who act illegally and deliberately flout court rules and stop demonising all Muslim women merely for exercising their faith. We may not like the burqa or understand why they are worn, but we must respect religious symbols and clothing as long as wearing them doesn’t conflict with Australian laws.

— Susie O’Brien is a Herald Sun columnist. Email: [e-mail] or follow her on Twitter at @susieob.