This paper argues that Article 8 of the ECHR, as applied to the protection of a person’s right to wear a headscarf, is an inappropriate locus for thrashing out arguments about the right to protection of religious freedom, and that Article 9 allows for a broader legal and political analysis of the multiple meanings and impacts of religion in our lives. However, the law should not prohibit women from wearing the headscarf. Legal regulation of the headscarf should (...) be replaced with robust political debate about the many diverse and intersecting ways in which it is possible to experience womanhood, sexuality, culture, religion, race, nationality and economic security in the twenty-first century. (shrink)

Brian Barry's Culture and Equality is probably the most powerful liberal egalitarian critique of multiculturalism addressing the pathologies of recognizing difference of ethnicity, religion, race, and culture. In this essay, I examine Barry's approach to the law, which underpins his theory of egalitarianism to determine whether it is enough — as Barry thinks it is — to insist on either applying the same law for everyone so that exemptions are foreclosed in general, or repealing the law since the case for (...) its existence is not justified. I find that Barry's effort is inadequate. Because the conditions for exemptions are not specified, exemptions are merely defensible, not just. Using the headscarf controversy in France to illustrate why Barry's approach backfires, I argue how enforcing the same law for all leads to undermining the very politics of redistribution that Barry champions. (shrink)

In March 2004 the French parliament controversially adopted legislation regulating the wearing of symbols indicating religious affiliation in public educational establishments. This note discusses several features of the new law indicating its origins, its rationale and its position within French constitutional discourse on religious freedom and secularity. It is based on a panel discussion held in April 2004 within the Gender Studies Programme at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence. Placing the French legislative initiative in (...) the context of recent developments in national and European case law (suggesting clear limitations to freedom of religion), the note explores the complexity of issues of gender, identity and difference in the present debate, especially when considered in the light of reactions to the law in Islamic countries. (shrink)

The “headscarf affair,” Muslim girls wearing veils to school, has generated a storm of controversy in France. This study uses the headscarf affair to explore Muslim immigrant women's views of their place in French society and reveals that even those who disagree with French public opinion often invoke arguments that are more French than North African. Interviews with 41 North African women show that younger, well-educated women defend the headscarf as a matter of personal liberty and cultural (...) expression. Older, poorly educated women either defend or reject the veil but never discuss the issue of secularism. In dismissing the veil, they rely on a different understanding of Muslim womanhood. A third group opposes the veil, arguing that the goal of school is integration. Respondents' answers are interpreted according to structural factors and cultural repertoires, both North African and French. (shrink)

The Court of Justice of the European Union (CJEU) has had the opportunity to address the sensitive matter of the wearing of the Islamic headscarf in the workplace in two preliminary rulings. The result of these decisions implies that the wearing of this veil at work is, in general, neither proscribed nor always justified as a legitimate expression of religious beliefs. However, the law studied and applied deals exclusively with discrimination in the workplace on religious grounds. Nonetheless, the Islamic (...) headscarf is only worn by (some) Muslim women (never by men). This article reviews the EU legislation and policy on equality, intersectionality and multiple discrimination to verify that gender mainstreaming does not reach the work of the Court. Only the inclusion of a feminist perspective to the application of justice, with a clear methodology, can guarantee that gender does not disappear in cases of complex discrimination. (shrink)

This is a book review of Dominic McGoldrick's Human Rights and Religion: The Islamic Headscarf Debate in Europe, Portland, Oregon: Hart Publishing, 2006, pp. 309, Plus Index.

This article focuses on public debates and public policy on the Islamic headscarf in the Netherlands and Germany. In the Netherlands the Islamic headscarf meets with an accommodating policy reaction, while in Germany some eight federal states have introduced legislation to ban the headscarf. This difference is explained, so I argue, by national differences in citizenship traditions. While the Netherlands represents a multicultural model, Germany used to be the paradigmatic example of an ethno‐cultural model of citizenship. Yet, (...) the reaction of the German left to the headscarf, while often non‐accommodating, is very differently inspired by German history than that of the right. A commonality is that in both countries the issue is framed as a conflict between public neutrality and religious freedom, not gender equality. An effect of the focus in the debate on neutrality is that it obscures the agency of Islamic women and the gender dynamics in Islamic communities. (shrink)

The headscarf debate in France exemplifies what is widely perceived as the battle between a culture-free citizenship and a culturally-laden other. This battle, however, presumes the existence of a neutral state that must either tolerate or ban particular cultural differences. In this Article, I challenge that presumption by demonstrating how both cultural difference and citizenship are imagined and produced. The citizen is assumed to be modern and motivated by reason; the cultural other is assumed to be traditional and motivated (...) by culture. Yetcitizenship is both a cultural and anti-cultural institution: citizenship positions itself as oppositional to culture, even as it is constituted by cultural values. Recent scholars of multiculturalism have turned to concepts of citizenship as a solution to the dilemma raised by conflicts over culture. But these concepts of citizenship, namely deliberative democracy and civic participation, replicate the presumption of a culture-less "citizenship" — and thus constitute an ironic choice of solution to the problem of cultural difference. (shrink)

More than ever, ‘the headscarf’ is a dominant trope in contemporary ‘Western’ discourses on migration. Within controversies on Muslim ‘others’, ethnicity and gender frequently interweave. In discussions about the Muslim woman, a problematic dichotomy frequently emerges: namely the representation of a Muslim woman who wears the headscarf and is seen as ‘oppressed’ or ‘traditional’. This is opposed to the position of a Muslim woman who does not wear the headscarf and is simultaneously considered a ‘self-determined’ or ‘modern’ (...) Muslim woman. Against this backdrop, this contribution adopts a critical perspective on dichotomising discourses on Muslim women’s practices in relation to wearing the headscarf. In this article the authors examine narrative interviews with four Muslim women, focusing on their subjective experiences and psychological coping strategies with dichotomous and dichotomising stereotypes. An in-depth qualitative analysis shows that these women display a need to constantly justify and negotiate their own positions in relation to wearing the headscarf, regardless of whether the interviewed women actually wear a headscarf or not. Based on this, the authors identify different psychological coping strategies and discuss them critically in a wider framework that draws attention to existing social hierarchies. (shrink)

PT. 1. PHILOSOPHY AND CIRCUMSTANCES: Introduction -- Philosophy and the question of war today: 1. On September 11 2001: philosophy and the 'War against terrorism' -- 2. Fragments of a public journal on the American war against Iraq -- 3. On the war against Serbia: who strikes whom in the world today? -- The 'democratic' fetish and racism: 4. On parliamentary 'democracy': the French presidential elections of 2002 -- 5. The law on the Islamic headscarf -- 6. Daily humiliation (...) -- Openings/Affirmations: 7. The power of the open: A discourse on the necessity of fusing Germany and France -- 8. Third sketch of a manifesto of affirmationist art -- Notes to part one -- PT. 2. USES OF THE WORD 'JEW': Introduction -- 1. Israel: the country in the world where there are the fewest Jews? -- 2. The destruction of the European Jews and the question of evil (fragments from Ethics: an essay on the understanding of evil, translated by Peter Hallward) -- 3. A dialogue between a Jew from Darzia and an Arab from Epirus -- 4. Saint Paul and the Jews (excerpt from Saint Paul: the foundation of universalism, translated by Ray Brassier) -- 5. Against negationism -- 6. Local angel -- 7. Intervew at the Daily Haaretz -- 8. The master-signifier of the New Aryans (by Cécile Winter) -- 9. The word 'Jew' and the sycophant -- Notes to part two -- PT. 3. HISTORICITY OF POLITICS: LESSONS OF TWO REVOLUTIONS. 1. The Paris commune: a political declaration on politics -- 2. The cultural revolution: the last revolution? -- A brief chronology of the cultural revolution (translated by Bruno Bosteels) -- Notes to part three. (shrink)

This article aims to demonstrate that the concept of the ‘dialogical self’ is an identity theory that provides useful tools for studying intersectionality. In terms of the dialogical self, the formation of identity is a process of orchestrating voices within the self that speak from different I-positions. Such voices are embedded in field-specific repertoires of practices, characters, discourses and power relations specific to the various groups to which individuals simultaneously belong. By telling one's life-story, the individual intones these voices and (...) combines them in new ways, thus reshaping them as they use them. The article applies the theoretical concept of the dialogical self to the analysis of the life-story of a relatively well-known female Dutch politician of Moroccan background whose explanation of why she wears a headscarf allows her to combine the religious and political voices in her story with her more hesitant female voice. The words, images and self-evaluations used in her self-narratives demonstrate the ways in which her religious, ethnic and gender identifications are formed and are in dialogue. (shrink)

In Western Europe, debates surrounding the integration of ‘Muslim’ women over the last decade signify the ways in which racialized notions of gender and sexuality have come to define acceptable and unacceptable ways of being European. Discourses concerning the wearing of the headscarf and ‘honour crimes’ are particular ways in which ‘Muslim’ genders are produced, condemned and held responsible for posing a threat to supposedly stable European values of gender equality and sexual emancipation. This article examines some of the (...) interventions by feminist and gay activists Germany regarding the veil and so-called honour crimes, which reflect an increasing acceptance of the state’s escalating racialization processes on the part of activists. The article concludes that the very racialization of the category ‘Muslim’ needs to be examined not only in a postcolonial context but also how this process has emerged after 9/11 and the ‘War on Terror’. (shrink)

Defenders of multiculturalism have been recently criticized for failing to address gender inequality in minority cultures. Multiculturalism would seem incompatible with a commitment to feminism. This article discusses two empirical cases that pose a problem for public policy in the Netherlands: a conflict over wearing headscarves and requests for surgical hymen repair. These cases evoke widespread public controversy, in part because they are presumed to express or accommodate traditions in violation of women's rights and thus raise the question of tolerance. (...) While recognizing the potential discrepancies between feminism and multiculturalism, the author argues that committed feminists can be multiculturalists as well, and that good feminism might well require acts of multiculturalism. In addition, she advocates a contextual approach to tolerance. Her argument is that general justice arguments are too indeterminate to make for good judgement in concrete cases. The national political culture and institutional setting in which multicultural conflicts take place should be considered as morally relevant factors and co-determine our moral considerations. The dispute over feminism and multiculturalism cannot be settled in abstracto. Using a contextual approach, the author argues that wearing a headscarf and hymen repair are justifiable and consonant with feminist concerns in the Dutch educational and medical contexts. (shrink)

This article addresses girls' dress, which has become controversial, especially in contemporary multicultural Europe. Using the Dutch public debate about the headscarf, belly shirts, visible G-strings, and other forms of ‘porno-chic’, the authors show that these seemingly separate debates are held together by the regulation of female sexuality. Through their analysis of the headscarves and porno-chic debate, the authors argue that women's sexuality and girls' bodies in particular have become the metonymic location for many a contemporary social dilemma: of (...) the multicultural society when it concerns the scarf, of feminism and public morality when it concerns porno-chic. They conclude that despite the widely different appearance of girls wearing headscarves or porno-chic, both groups of girls are submitted to the meta-narratives of dominant discourse: the state, school, public opinion, parents and other social institutions ‘resignify’ their everyday practices as inappropriate, and reprieve them from the power to define their own actions. (shrink)

Proponents of the capabilities approach claim that it should be used to give guidance for the implementation of good constitutional laws. This suggests that it also gives us grounds to support attempts to create or protect constitutions based on something like the capabilities approach. The Turkish Republic claims that in order to protect secularism and the equal status of women, it needs to keep certain Islamic practices away from the public domain. The wearing of the headscarf has been singled (...) out as such a practice, and the Turkish Republic has therefore legislated against headscarf wearing in schools, universities, and government buildings. In consequence many women are forced to choose between religion over education and politics in a way that curtails central human capabilities. Nussbaum claims that the best way to help states resolve the dilemma presented by the conflict between religious choice and other central capabilities is to refer to principles embodied in to the US Religious Freedom Restoration Act 1993, which states that a law can burden a person's exercise of religion only when the burden is a furtherance of a compelling state interest. In this paper I consider how this advice partly vindicates the Turkish case and how the solution it yields is in many ways more satisfactory than that of more traditional approaches in political philosophy. (shrink)

This article analyses the debate about the Islamic headscarf in France and Turkey, with particular reference to the law passed in France in 2004. It aims to bring out the spatial dimension of the secular: first, by underlining how the issue of the veil collapses spatial scales, from the individual body to global geopolitical tensions; second, by looking at the specific place granted to schools as the primary focus of the political rows; and third, by teasing out some of (...) the implicit assumptions about the `location', in both France and Turkey, of the threat to secularism. It concludes that in France, at least, the debate had less to do with religion as such than with the place, both physical and metaphorical, granted to the Other in French society. (shrink)

The point of departure for this essay is a fourfold classification emerging from the European debate on the religious and ethical significance of the so-called Islamic headscarf, also known as hijab. Plurality promises a positive engagement in mapping multiculturalism toward intercultural dialogue and understanding. With a paradigm of an emergent intercultural ethics, the public leadership assumed by women in this debate testifies to the creativity by which imposed patterns of behavior are turned into strategies of resistance and liberation.

Kristeva's Teresa My Love concerns the life and thought of a 16th century Spanish mystic, written in the form of a novel. Yet the theme of another kind of foreigner, equally exotic but this time threatening, pops up unexpectedly and disappears several times during the course of the novel. At the very beginning of the story, the 21st century narrator, psychoanalyst Sylvia Leclerque, encounters a young woman in a headscarf, whom Kristeva describes as an IT engineer, who speaks out, (...) explaining that "she and her God were one and that the veil was the immovable sign of this 'union,' which she wished to publicize in order to definitively 'fix it' in herself and in the eyes of others." In this paper I ask what difference Kristeva discerns between these two women, a distinction that apparently makes Teresa's immanence simultaneously a transcendence, but transforms a Muslim woman in a headscarf immediately into an imagined suicide bomber. Despite the problematic aspects of this comparison, we can learn something from them about Kristeva's ideas on mysticism and on art. Both mysticism and art are products of the death drive, but whereas the suicide bomber and the animal directly and purely pursue death Teresa and Adel remain on its outer edge and merely play with mortality. (shrink)

Increasingly in today’s world we are experiencing intensifying antagonisms around religious and ethno-cultural differences. The confrontation between political Islam and the so-called ‘West’ has replaced the rhetoric of the Cold War against communism. This new constellation has not only challenged the hypothesis that ‘secularization’ inevitably accompanied modernity but has also placed on the agenda political theology as a potent force in many societies. This article analyzes the contemporary revival of political theology by focusing on the headscarf debate in comparative (...) constitutional perspective. It compares the well-known decision of the French Parliament banning the wearing of the headscarf in public schools (2004) with the decision of the German Constitutional Court concerning whether Fereshta Ludin, an Afghani-German teacher wearing the hijab, could teach in German schools (2003) and with the more recent judgment of the Turkish Constitutional Court (summer 2008) upholding the ban on the wearing of the scarf or the turban in institutions of higher learning. At stake in these debates is not only the meaning of fundamental human rights but also why women and their bodies become the object of disciplinary conflicts in culture, law and religion. (shrink)

Mansour Fahmy, one of the dramatic figures in modern Arab philosophical and social thought. He was the reformist and enlightenment figure in modern Arab history. He is also the owner of a notable current that was subjected to a violent attack that silenced him for a long time and forced him to "hide" physically. However, this did not eliminate the new opinions and positions that came at the beginning of the twentieth century towards the issue of women. He is the (...) first to write with a scientific methodology - from the point of view of sociology - on Islamic discourse and its dealings with women. he sought to differentiate between religion and the religious establishment, between the personality of the Prophet Muhammad and what later prevailed in the books of jurisprudence and others. When he discussed the headscarf issue, he concluded that it was the product of traditions and customs that the Hijab is not from the Islamic religion. Islamic law has nothing to do with the Hijab. Mansour Fahmy's creativity was at one of the sensitive stages in Egypt's modern history in which the political, social, national, cultural, and revolution clashed in each one. All this, in turn, identified the problem of Mansour Fahmy's intellectual personality in the battles of thought and politics. This research's main task is to redraw the features of his actual personality and the reality of his intellectual, social, and political positions. Besides, this study seeks to uncover the effect of philosophy on crystallizing Mansour Fahmy's critical personality and its role in laying the foundations of the critical vision with its practical, reformist, and enlightening dimensions. (shrink)

The display of religious symbols in public spaces has been controversial in Europe for the past twenty years. The debate moved to Quebec some ten years ago. At the heart of the controversy, the hijab or headscarf has stirred passions that have led to heated social tensions. For some people, it is a vehicle for expressing their faith; for others, it symbolizes the oppression of women and is often associated with fundamentalism and the rise of a more radical Islam (...) that fights against Western democratic values. Is secularism the solution to these issues? (shrink)

Based on a judgment of the German High Court of Justice, some federal states passed laws holding that a female teacher is not allowed to wear an Islamic headscarf in a public school, whereas Christian symbols can be allowed due to their general cultural significance. The article argues that such a differentiation is incompatible with the equal concern and respect a secular state owes to each of its citizens. The arguments are based on an ethical understanding of liberalism that (...) takes the difference between weak and strong evaluations seriously. Apart from pragmatic considerations, ethical liberalism supports a moderate multiculturalism in dealing with conflicts around religious signs and symbols. (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to (...) personal autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

Demands to accommodate religious diversity in the public sphere have recently intensified. The debates surrounding the Islamic headscarf in Europe vividly illustrate this trend. We also find a new challenge on the horizon: namely, the request to "privatize diversity" through alternative dispute resolution processes that permit parties to move their disputes from public courthouses into the domain of religious or customary sources of law and authority. The recent controversies in Canada and England related to the so-called Shari’a tribunals demonstrate (...) the potential force of the storm to come. In this Article, I offer an alternative to the presently popular vision of private diversity. This alternative is based on a deep commitment to women’s identity and membership interests as well as their dignity and equality. Women’s legal dilemmas often arise from their allegiance to various overlapping systems of identification, authority and belief: in this case, those arising from religious and secular law. I argue that only recognition of women’s multiple affiliations, and the subtle interactions among them, can help resolve these dilemmas. The recognition of multiple legal affiliations does not sit well with the traditional view that a clear line can be drawn between public and private, official and unofficial, secular and religious, or positive law and traditional practice. Instead, to recognize multiple affiliations is to require greater access to, and coordination among, these once competing sources of law and identity. Once we conceive of citizenship more richly, it becomes apparent that individuals and families should not be forced to choose between the rights of citizenship and group membership: instead, they should be afforded the opportunity to express their commitment to both. I offer a vision of how such an alternative might be realized. (shrink)

When addressing the Muslim women question, one of the problematic issues is the centrality of a religious tradition or a political ideology as a primary subject of inquiry. Muslim women are seen as the embodiment of a singular tradition or ideology, as in the case of Turkey, where the contemporary headscarf-wearing women are represented as ‘Islamist’. In this project, I aim to problematise this stereotyping categorisation through ontological conceptualisations, inspired by the French thinker Gilles Deleuze. To implement the relational (...) ontology of Deleuze, I examine headscarf contestations in Turkey through interviews conducted in two women’s organisations in Turkey: Capital City Women’s Platform (Baskent Kadin Platformu) and Hazar. I argue that the world constantly ‘becomes’ through flows of relations between multiple elements; therefore, it is a multiplicity, an intensity and fractured. With this Deleuzian ontology in mind, I consider the quotidian physical, material and social resources of my interviews with the aim of elucidating relations between a female body and the commodities produced by multiple socio-economic and political factors in Turkey. Then I address a Deleuzian understanding of categorisations such as class, gender, race and ideology. These categorisations, for Deleuze, are aggregations of multiplicities and fluidities forming specific fixations according to a range of ascribed characteristics, such as income, education, employment or dress codes. In this regard, I conclude that the label ‘Islamist’ restrains the relational and multiple characters of headscarf practices within a unifying category by attributing certain features to particular embodiments and materials. (shrink)

Social changes in Turkey, especially with the 1980s, brought along an irreversible differentiation in the lives of individuals. One of the most striking of these differentiations has emerged in the lives of individuals who generally take care to live according to the religious rules. In this sense, the changing social structure has caused the religious segment, which is described as conservative in Turkish society, to develop a new lifestyle that can be interpreted within the framework of the coexistence of religiosity (...) and modernity, in other words, which largely coincides with the eclectic paradigm, which is one of the secularization theories. This new way of life becomes visible especially in the leisure time activities of individuals in daily life practices. Today, leisure time appears as the time period in which individuals generally spend money, such as resting, having fun, spending time for themselves, and in this sense, activities based on consumption. Therefore, it is impossible to think of leisure time separately from consumption. As a matter of fact, in this study, a field study was conducted on a sample of headscarved women in order to understand the changings in the lifestyle of the conservative individuals. The Leisure Time Tendency Scale for Heascarved Women, which was createdto carry out the research, was applied to 706 headscarved female individuals living in Istanbul, at least 15 years old, who defined themselves as religious. The data obtained from the field has been analyzed by Smart PLS Version 3.3.2. and IBM SPSS Statistics 26 package programs. With the analysis of the data, it has tried to be understood whether conservative women with headscarf participating in this research experience a secularization in their leisure time activities. (shrink)

How are we to understand and analyse the constitutional tension in Turkey between the judiciary and the political sphere? In this article the issue is mirrored in the political crisis which started in April 2007 with the nomination of Abdullah G l as presidential candidate by the moderate Islamist Justice and Development Party (AKP). The more detailed empirical background consists primarily of the dress code problematics including the matter of party closure. Theoretically, the “hegemonic preservation” thesis elaborated by Ran Hirschl (...) turned out to be a useful instrument when it comes to explaining this political crisis as well as the origin of the so-called new constitutionalism. This is illustrated by the judicial activism in the headscarf affair as well as by the eagerness of the Republican People's Party (CHP), as the political representative of the secular establishment, to play the 'Atat rk card' and to submit the protection of their interest to an independent judiciary and not to the uncertainties of the mechanisms of majoritarian democracy. However, with regard to the current Turkish case my analysis also shows that Hirschl's thesis is too static and should be complemented with a more dynamic perspective of constitutional politics as a repeated game. One example of this is that even if the Turkish Constitutional Court (TCC) had declared the constitutional amendment on the headscarf invalid and voted for economic sanctions against the AKP, it did not close the party down. (shrink)

This paper examines the debate around the headscarf in France with the view to critically examining two central arguments put forward by the Stasi Commission for the restriction of the headscarf in French public schools—that the headscarf imperiled public order and that it jeopardized neutrality in the public sphere. In the case of the first argument, this paper argues that France did not meet the threshold requirement necessary to curtail religious rights in public schools. In the case (...) of the second argument, this paper insists that neutrality in the pulic sphere has always involved some accommodation of religious groups in society and should include the headscarf in public schools. The paper argues that the decision to ban the headscarf is ultimately a controversy about French identity and the values on which the French community is built. (shrink)

This article reviews the common models of pious women's agency in the literature with respect to pious feminist perceptions in Turkey, and calls for a relational approach to subjectivity and autonomy. After critically assessing individualistic models of pious women's autonomy as well as the main theoretical tenets of Saba Mahmood's landmark study on the women's piety movement in Egypt, I argue that previous models cannot fully explain the second stage of pious subjectivity-formation in the pious feminist narratives in Turkey, which (...) combines habituation with informed choice. In the intersection of applied theory and ethnographic empirical research, my study posits the need for a relational reformulation of these common models that can account for self-constitutive engagement with multiple discursive traditions, and the importance of complex and interrelated webs of relationships. I suggest that Jennifer Nedelsky's relational self and relational autonomy and Kenneth Gergen's relational multi-being might provide a starting point for such an approach. (shrink)

The objective of this article is to analyse the tension between diversity and gender equality, looking at problems and potentials for inclusion of minority women in the Danish citizenship model. It addresses the intersection of gender and ethnicity, focusing on two main themes. One is the gender‐political challenge of combining the discourse and politics of gender equality with respect for diversity in cultural values, family forms and gender‐equality norms. This theme explores the extent to which the dominant understanding of gender (...) equality in public and private life is a potential or barrier for recognizing diversities among women, and it discusses how to empower minority women in their daily lives. The other is the democratic challenge of including the voices of minority women in politics and combine equal rights of ethnic minorities with respect for cultural diversity. This theme explores the extent to which the egalitarian political culture and democratic institutions represent a potential or a barrier for recognizing cultural differences and discusses how to empower minority women and give them a voice through democratic politics. (shrink)

I argue that trends of diagnosing anti-Muslim attitudes and activism as “Islamophobia” in European and the U.S. contexts may actually aid and abet more subtle varieties of the very stigmatization and exclusion that the “phobia” moniker aims to isolate and oppose. My comparative purpose is to draw into relief—to make explicit and subject to critical analysis— features of normative public discourse in these two sociopolitical contexts broadly perceived to be peaceful, prosperous, liberal-democratic. The features I focus on function under the (...) auspices of tolerant and nonexclusionary forms of “civic nationalism” that, in effect, fuel the conflict in question. (shrink)

Is the institutionalization of religious freedom through human rights jurisprudence simply a means by which the modern nation-state manufactures and regulates “religion”? Is the discourse of religious freedom principally a technology of state governance? These questions challenge the ways that scholars conceptualize the relation between states, nationalism, human rights, and religious freedom. This article forwards an approach to human rights and methodological nationalism that both counters and explores alternatives to the prevailing conceptions of human rights, nationalism, and state sovereignty in (...) the discourse on the putative impossibility—and, by some accounts, insidiousness—of religious freedom. I first explicate the interpretive and contestatory dimensions of human rights discourse concerning religious freedom. I then explore cross-cutting ambivalences within the nationalisms that states need and cultivate in effort to transmute their monopoly upon coercive force (i.e. power) into legitimated authority. I argue that these provide two dimensions in and through which state sovereignty may be opposed, criticized, held accountable, and subject to change. (shrink)

La polémica acerca del hiyab como símbolo de identidad de la mujer musulmana ha irrumpido en nuestra sociedad occidental. Si bien visiblemente no es más que una prenda, el ocultamiento del cabello, el cuello, y en algunas ocasiones el rostro y el cuerpo hacen que su uso no deje indiferente y su significado exceda más allá de lo puramente religioso. El presente trabajo constará de dos partes: La primera, tratará de entender la naturaleza de esta prenda, estudiando su procedencia, sus (...) tipos y el significado que para las mujeres musulmanas tiene portarlo. La segunda, se centrará en el debate público y político que en muchos países de Europa, entre ellos España, viene provocando su uso y las consecuencias que una eventual prohibición o limitación del mismo tendría. (shrink)

Der Aufsatz beschäftigt sich am Beispiel des deutschen "Kopftuchstreits" mit der rechtlich-politischen Auseinandersetzung um subjektive Rechte innerhalb des liberalen Rechtsstaats. Wie Christoph Menke in seiner Deutung der für den politischen Liberalismus wesentlichen politischen Konflikte gezeigt hat, bezieht sich diese Auseinandersetzung vorrangig auf zwei Fragen: Wer sollte Anspruch darauf genießen, ein politisches Subjekt zu sein, das heißt, als Gleiche oder Gleicher berücksichtigt zu werden? Welche Ansprüche politischer Subjekte könneen als schützenswerte Verwirklichung subjektiver Rechte gelten? Der vorliegende Beitrag beschäftigt sich vorwiegend mit (...) der Frage, wie die politischen Konflikte des letztgenannten Typs auf die rechtliche Auseinandersetzung um Grundrechte abfärben. Damit wende ich mich gegen ein Verständnis der Grundrechte, das diese als Garant der ethischen Neutralität eines liberalen Gemeinwesens ansieht. Ich möchte zeigen, dass der Sinn subjektiver Rechte in der liberalen Demokratie zwar unter anderem genau darin besteht, dass sie partikulare ethische Wertvorstellungen neutralisieren und die Bürgerinnen und Bürger innerhalb eines vernünftigen Rahmens vor Unterdrückung schützen. Wie eine Analyse der Entscheidungen des Bundesverfassungsgerichts (BVerfG) zum "Kopftuchstreit" zeigt, wird diese Funktion aber stets zugleich durch die partikulare Interpretation gleicher Rechte unterminiert. Dies bezeichne ich als die Dekonstruktion der Neutralität, die sich im Recht vollzieht. (shrink)

Müslüman kadınların İslami gelenekler tarafından bastırılmış mı özgürlüğe kavuşturulmuş mu olduğuna dair pek çok çalışma bulunmakta. Bu çalışmalardan bazıları başörtüsü gibi İslami geleneklerin bir baskı unsuru olarak görürken, bazıları da Müslüman kadınların bu gelenekleri uygularken kendi iradelerini ortaya koyduğunu, dolayısıyla bu geleneklerin bir baskı emaresi olarak görülemeyeceğini savunur. Bu çalışmada, Müslüman kadınların hayatlarının çok yönlü, ilişkisel ve mekân bağlamında şekillendiğini incelememizi sağlayacak, Deleuze felsefisi bağlamında ele alınan irade ve özgürlük kavramlarını kullanmak amaçlanmıştır. Diğer bir ifade ile Fransız filozof Gilles Deleuze (...) tarafından ortaya koyulan ilişkisel ontoloji Müslüman Kadın çalışmalarını sorgulamak için kullanılmaktadır. Bu ilişkisel ontoloji üzerinden, Müslüman kadınların dini söylemler çerçevesinde olumsuz resmedilmeleri sorgulanmakta ve bu kadınların deneyimlerine ve pratiklerine dair alternatif açıklamalar ortaya konulmaktadır. Böylece, Deleuze’in felsefesi bağlamında ele alınan irade ve özgürlük kavramları kullanılarak Müslüman kadınların dini katılım ve uygulamaları üzerinden pasif ve irade göstermeyen kadınlar olarak tasvir edilmesi sorgulanmaktadır. Müslüman kadınların durumsal uygulama ve deneyimlerini keşfedebilecek nitelikte akademik bir bakış açısı önerilmektedir. Özet: Bazı batılı kuruluşlar medeniyetler çatışması söylemini temel alarak tekil bir Müslüman dünyası tarif edip bu tek tipleştirilmiş tarifi Islama ve Müslümanlara karşı mücadele etmenin neden gerekli olduğunu gerekçelendirmek için kullanmaktadır. Müslüman kadınlar İslam gelenekleri ve Müslüman erkekler tarafından baskıya uğrayan bir gurup olarak resmedildiği için, bu söylemlerde Müslüman kadınlara dair konular önemli odak noktalarından birisi olmaktadır. Örneğin Müslüman kadın kimliğinin sembolü olarak görülen başörtüsünün bir baskı unsuru olup olmadığına dair tartışmalar görülür. Müslüman kadının başörtüsü ile bastırılmış mı özgürleştirilmiş mi olduğuna dair pek çok çalışma da bulunmaktadır. Bu çalışmalardan bazıları başörtüsü gibi İslami geleneklerin Müslüman kadınları baskıladığını ileri sürerken bazıları da kadınlar başörtüsü kullandığında bunu kendi iradeleri ile yaptığını tartışır. Örneğin Saba Mahmood irade, özgürlük, istek ve direnme gibi kavramların liberalizm temelinde anlaşılmasını sorgulayarak Müslüman kadınlar hakkındaki bu söylemlere karşı çıkar. Bu çalışmalardan bazıları da Müslüman kadınların ve onların iradelerini kullanmalarına dair konuların tarihsel ve mekânsal bağlamda yapılması gerektiğini savunur. Her ne kadar bu konuda yapılan çalışmalar olsa da, bu konu daha fazla araştırmaya ve yeniden ele alınmaya muhtaçtır. Bu çalışmada, bu konuyu çok yönlü, Müslüman kadınların deneyimlerini, isteklerini ve uygulamalarını ilişkisel ve mekânsal olarak ele alma imkânı vereceğinden, ilk olarak irade ve özgürlük kavramlarını Deleuze felsefesi temelinde ele alınmaktadır. Diğer bir deyişle, Fransız filozof Gilles Deleuze’a dayandırılan ilişkisel ontolojik bakış açısı Müslüman kadına dair tartışmalara uygulanmaktadır. Bu ilişkisel ontolojiye göre, dünya bedenlerin toplamından oluşur. Her varlık, biyolojik organizma, sosyal yapı ve soyut yapı bir bedendir. Bu bedenlerin her birisi, ister insan bedeni ister insana ait olmayan bir beden olsun, ister maddi ister madde dışı olsun, ister sosyal ister psikolojik yapılar olsun, ilişkilerin akımı ile şekillendirilir. İnsan bedeninin biyolojik, zihinsel, sosyal ve psikolojik bileşenlerini içine alan her yönü de çoklu ilişkiler ile oluşturulur. Bu yüzden, bir insan öznesi hakkında konuştuğumuzda, aslında karmaşık ve çoklu ilişkilere dair konuşuruz. Bedenin bu şekilde ele alınması irade kavramının da yeniden ele alınmasını gerektirir. İrade kavramının bu bağlamda ele alınması dikkati bedenleri üreten ilişkiler üzerine odaklar. Bedenler ilişkilerin akımı ile şekillendirildiği için, bedenlerin belirli şekillerde hissetme, davranma ve istemeye dair kapasiteleri de sahip oldukları ilişkilere göre şekillenir. Bu ilişkisel ontoloji temelinde, Müslüman kadınların bedenlerinin ilişkilerin akımı ile şekillenen çoklu elementlerin karmaşık bir araya gelişler olarak ele alınmalıdır. Bu kavramlaştırma Müslüman kadınların hayatının izole edilmiş dini gelenekler temelinde oluşmuş gibi resmedilmesini sorgulatmaktadır. Müslüman kadınların iradeleri, kapasiteleri ve sınırlılıkları kadar deneyimleri, pratikleri ve istekleri de sosyal-politik söylemler, aile içi ilişkiler, materyal yapılar ve ekonomik şartlar gibi çoklu faktörler ile kurulan ilişkiler üzerinden şekillenir. Diğer bir ifade ile bu kadınların belirli şekillerde davranmaya dair güçleri kendilerini çevreleyen bedenler ile kurdukları ilişkilere göre şekillenir. Bu bedenler dini veya seküler unsurlar olabilir, insan veya insana ait olmayan unsurlar olabilir, ya da maddi veya madde dışı faktörler olabilir. Sonuç olarak, Müslüman kadınların bedenleri ve irade gösterme şekilleri her zaman bir süreklilik içinde bağlantı kuran veya bağlantılarını koparan çeşitli elementler ile üretilmektedir. Deleuze felsefesi temelindeki bu beden ve irade kavramlaştırmaları Müslüman kadınların dini geleneklerine salt itaat temelinde resmedilmelerini sorgulamak için kullanılmaktadır. Bu kadınların hayatlarındaki çoklu yapısal denebilecek elementlerin aydınlatılması amaçlanmakta ve onların iradelerinin parçalı ve ilişkisel bir şekilde anlaşılması önerilmektedir. İlişkisel ontolojik lensler aracılığı ile Müslüman kadınlar resmedilirken görünmez kılınan veya fotoğrafın dışında bırakılan dinamik ve heterojen unsurlar tetkik edilmektedir. Bu amaç için, Deleuze felsefesi temelinde yapılan kavramlaştırılmalar 2018’de doktora çalışması için Başkent Kadın Platformunda yapılan bir röportaja ve Türkiye’deki bazı etnografik gözlemlere uygulanmaktadır. Ortaya konulan teorik bağlama daha uygun olacağından, bir gruptan ya da daha geniş bir çerçevede veri toplamak yerine, bu röportajdan elde edilen verilerin detaylı bir şekilde ele alınması amaçlanmaktadır. Bu ontolojik bakış açısını Müslüman Kadın konusuna uygulayarak, Müslüman kadınların hayatındaki çoklu ve ilişkisel etken güçlere odaklanılması amaçlanmaktadır. Müslüman kadının yalnızca dini söylemler temelinde negatif olarak tanımlanması sorgulanmakta ve Müslüman kadınların deneyimlerini ve uygulamalarını anlamak için alternatif modeller olabileceğine dikkat çekilmektedir. Diğer bir şekilde ifade etmek gerekirse Müslüman kadınların deneyimleri ilişkisel, çok yönlü, parçalı ve muayyen olarak ele alınmalıdır. Hayal edilen tekil bir grup yerine, çok yönlülüğün ve ilişkiselliğin keşfedilmesine ihtiyaç duyulmaktadır. Bu yüzden Müslüman kadınların belirli zeminler temelinde anlaşılmaya çalışılması önerilmektedir. Bu tur bir analizde, bir araştırmacının amacı Müslüman kadını çok yönlü bir özne ve irade anlayışı temelinde belirli zeminlerde keşfetmek olmalıdır ki iç içe geçmiş baskı ve özgürleşme şekilleri de anlaşılabilsin. Müslüman kadının kimliğinin kategorileştirilmesi ve marjinalleştirilmesi yerine, devam edegelen şekilde deneyimlerin ve uygulamaların oluşum ve yeniden oluşumlarının üzerinde durulmalıdır. (shrink)