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Muslims divided by judge’s burka ban

A decision to prevent a burka-wearing woman entering Victoria’s Supreme Court has split Muslim groups across the country.

A decision by a Victorian ­Supreme Court judge to ban a woman wearing a burka from his courtroom has split Australia’s ­Islamic community.

Judge Christopher Beale told the court on Tuesday that all ­people must show their faces in his court and denied the woman entry. “I require anybody who comes into the court — and all are welcome — but anybody who comes into the court, for their face to be uncovered,” he said.

The woman did not want to remove her burka and complied with the ruling.

Silma Ihram, of the Australian Muslim Women’s Association, said all Muslim women should comply with the court’s wishes.

“Whatever the law is, it should be obeyed and if there’s a human rights question, that can be dealt with through the proper pro­cesses,” she said.

“But under Islamic law, according to many scholars, there is by no means a requirement to wear the burka.”

Ms Ihram’s comments accord with a document released by the Australian National Imams Coun­cil late last year that asked Muslims to respect court proceedings. It said Islamic law did not stop women showing their faces for identification in court.

The Islamic Council of Victoria’s vice-president, Adel Salman, said the woman’s rights had been violated, however.

“I think the judge’s decision is unreasonable and concerning,” he said.

“Women choose to wear it. It’s part of their faithfulness to God. To ask them to remove it is quite intrusive and, in some cases, quite traumatic.”

Victoria’s Human Rights Commissioner Kristen Hilton said judges had to justify limits on a person’s religious rights in the courtroom.

Richard Ferguson
Richard FergusonNational Chief of Staff

Richard Ferguson is the National Chief of Staff for The Australian. Since joining the newspaper in 2016, he has been a property reporter, a Melbourne reporter, and regularly penned Cut and Paste and Strewth. Richard – winner of the 2018 News Award Young Journalist of the Year – has covered the 2016, 2019 and 2022 federal polls, the Covid-19 pandemic, and he was on the ground in London for Brexit and Boris Johnson's 2019 UK election victory.

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Original URL: https://www.theaustralian.com.au/business/legal-affairs/muslims-divided-by-judges-burka-ban/news-story/d71738309b79cb9c3f458b7557616ce5