In lieu of an abstract, here is a brief excerpt of the content:The Newly Veiled Woman: Irigaray, Specularity, and the Islamic VeilAnne-Emmanuelle Berger (bio)In 1995, in a piece published in a special issue of Les temps modernes devoted to the Algerian “Guerre des frères,” the late Monique Gadant, a sociologist of postcolonial Algeria, called for a dispassionate reflection on the reasons why a sizable number of Algerian women, in Algeria but also in France, decided to wear the hijab, or (...) “Islamic veil,” without, she said, being coerced into doing it. Warning against a naive French ethnocentrism which may have led people to mistake the hijab too quickly for a sign of women’s oppression, she wrote:C’est s’aveugler que de ne pas voir qu’il y a de très nombreuses femmes qui portent le hidjab sans y être forcées par personne.... Avant de se dresser contre le hidjab, réduit à un symbole d’oppression (les femmes qui le portent étant jugées en contradiction avec ce qui est censé être leurs intérêts et la vérité sur elles-mêmes dites par d’autres), on devrait prendre un peu de temps pour réfléchir aux motivations de ces femmes.[”Femmes alibi” 228][One would be blind not to see that numerous women are wearing the hijab without being forced to do it by anybody.... Before denouncing the hijab, reductively conceived as a symbol of oppression—the women wearing it being found to contradict what are supposed to be their interests and the truth about themselves as told by others—one should take some time to reflect on these women’s motivation.]Indeed, a growing number of women have adopted the hijab in the past decade, in Muslim or predominantly Muslim countries where the “Islamic veil” has not yet been made state law, as is the case in Iran. One thinks of Egypt or Indonesia, for instance, as two other examples where—against weak attempts by the governments in place to curb the powerful development of Islamism, after they helped foster it—the hijab has enjoyed considerable though unequal success. One should not underestimate coercion as a factor, especially within the last few years, when terrorism directed against civilians in Algeria and ever-growing intimidation stemming from Islamism’s social success in Egypt have undeniably led tens of thousands of scared, weary, or energetically “persuaded” women to wear the veil. Nonetheless, I want to take up Monique Gadant’s suggestion that we seriously try to think through at least some of the stakes of the phenomenon she identifies: an impressive number of women today affirm that they want to wear the hijab, and they do it. This raises at least two series of questions: (1) if the hijab fulfills a wish, rather than indicating a state of oppression or alienation, one has to reflect on the nature and structure of this wish or desire, and perhaps ask what the relation might be between desire and the veil, or rather this veil. For the hijab, as it is called in Arabic, is indeed a new kind of veil, or rather a new way of using an old Koranic precept, one intended to replace traditional modes of dressing and veiling. (2) If the hijab, and sometimes even the nikab and the jelbab, which cover women’s faces and bodies entirely, are willingly worn, should one [End Page 93] take this as a particularly blatant testimony to the radical relativity of cultures, which would in turn preclude any “Westerner” or non-Muslim individuals or groups, beginning with women, from making any assumptions concerning the condition of women or the hermeneutics of gender relations across cultures? This is indeed what Gadant hints at when she denounces the “naive [French] ethnocentrism” [228] at work in the negative response to the hijab. 1 One encounters here, as we know, a most divisive, philosophically crucial, and politically decisive issue, one that not only pitches non-Westerners against Westerners, but sometimes equally forcefully, as in this case, “Westerners” against “Westerners.” Ethnocentrism, as a tendency to (mis)understand a different culture in terms of one’s own, hence as a veiled form of cultural imperialism, should be uncovered and indeed denounced... (shrink)

In the past few years, the growing presence of veiled women in Azerbaijan, particularly in the capital city, Baku, has been striking. This article traces the background to Islamism in Azerbaijan under the state dogma of atheism, and the post-Soviet changes that have facilitated a resurgence of religion in the country. It examines the motivations and the generational divide among women who have recently adopted veiling. Notions of `traditional' and `modern' are questioned here, pointing out the impact of identity politics (...) and foreign Islamic forces on Azerbaijani society in today's increasingly globalized world. Furthermore, the article reveals the tensions and insecurities in the independent era that have reinforced the rise of Islamic ideology in the country and the contradictions involved in new veiling for Azeri women. (shrink)

We survey the meta-ethical tools and institutional processes that traditional Islamic ethicists apply when deliberating on bioethical issues. We present a typology of these methodological elements, giving particular attention to the meta-ethical techniques and devices that traditional Islamic ethicists employ in the absence of decisive or univocal authoritative texts or in the absence of established transmitted cases. In describing how traditional Islamic ethicists work, we demonstrate that these experts possess a variety of discursive tools. We find that (...) the ethical responsa—i.e., the products of the application of the tools that we describe—are generally characterized by internal consistency. We also conclude that Islamic ethical reasoning on bioethical issues, while clearly scripture-based, is also characterized by strong consequentialist elements and possesses clear principles-based characteristics. The paper contributes to the study of bioethics by familiarizing non-specialists in Islamic ethics with the role, scope, and applicability of key Islamic ethical concepts, such as “aims” (maqāṣid), “universals” (kulliyyāt), “interest” (maṣlaḥa), “maxims” (qawā`id), “controls” (ḍawābit), “differentiators” (furūq), “preponderization” (tarjīḥ), and “extension” (tafrī`). (shrink)

The paper examines the shift of the veil from a religious and traditional symbol to a political metaphor during French colonized Algeria (1830–1962). It dis- cusses the significance of veiling for both the coloniz- ers and the colonists. For France, unveiled women would have been the proof of colonial power. For Algeria, veiling represented resistance to assimilation. Caught in between, the veil can be considered a metaphor for the Algerian colonization. The first part of the paper explores the (...) religious and traditional meanings associated with the veil. The second part analyses the political importance of the veil during colonization and its use as a tool for misleading the French authorities. (shrink)

I begin the first part by showing how situationism should make us question traditional understandings of virtues as intrinsic dispositions. I concentrate specifically on situationist experiments related to mood. I then introduce Islamic virtue ethics and the dawa movement. In parts two and three I examine ethnography of the dawa movement to explore how they deal with worries about the influence of mood on their virtue. In part two I show how they train their habits in very traditional virtue (...) ethics ways in order to be more resilient when faced with virtue-diminishing affective situations. In part three I show how the situation, rather than hindering practitioners, is recruited into helping these women achieve piety. I conclude, in part four, by showing the dawa movement's creative use of the Islamic veil as a way to help these women deal with the objection that one cannot avoid all bad situations. Going beyond social psychological experiments, I examine two methodological sources not found in situationist debates. First, I argue for ethnography as an empirical method through which to study virtue. I draw on ethnography of the Islamic women's dawa movement. Secondly, the work in the philosophy of mind on ‘affective scaffolding’. (shrink)

This article focuses on how exposure to different media genres relates to two components of attitudes, Muslims as a group and Islam as a religion. It also highlights how these components mediate the relationship between media exposure and behavioral intention, namely voting intention towards banning veiling in public spaces. The analysis builds on an online survey conducted in Switzerland. We found that exposure to specific media genres is not equally associated with attitudes towards Muslims versus attitudes towards Islam. Contrary to (...) our expectation, we did not find the association to be stronger when it came to influencing attitudes towards Muslims as compared to influencing attitudes towards Islam. However, our findings clearly showed that it matters whether people consume news via television or newspapers, especially mass-market (commercial television and tabloids) versus upmarket news (public television and quality newspapers). Attitudes towards Muslims living in Switzerland are more negative among those consuming mass-market news than those consuming upmarket news. Anti-Islam attitudes, however, were only associated with reading newspapers—both tabloids and quality newspapers. The findings provided only partial support for the mediating role of attitudes towards Muslims and Islam concerning the indirect relation between media exposure and voting intention towards banning veiling. (shrink)

This article goes behind stereotypes of Muslim veiling to ask after the representational structure underlying these images. I examine the public debate leading to the 2004 French law banning conspicuous religious signs in schools and French colonial attitudes to veiling in Algeria, in conjunction with discourses on the veil that have arisen in other western contexts. My argument is that western perceptions and representations of veiled Muslim women are not simply about Muslim women themselves. Rather than representing Muslim women, (...) these images fulfill a different function: they provide the negative mirror in which western constructions of identity and gender can be positively reflected. It is by means of the projection of gender oppression onto Islam, and its naturalization to the bodies of veiled women, that such mirroring takes place. This constitutes, I argue, a form of racialization. Drawing on the work of Fanon, Merleau-Ponty and Alcoff, I offer a phenomenological analysis of this racializing vision. What is at stake is a form of cultural racism that functions in the guise of anti-sexist and feminist liberatory discourse, at once posing a dilemma to feminists and concealing its racializing logic. (shrink)

The rise of Islamic fundamentalism in Europe seems to be tangibly signalled by an increase in women and young girls wearing the Muslim veil, the hijab. In France, this has led to the legal banning of all headscarves and other religious symbols in state schools in the name of French secularism. The article considers the ambiguities and ambivalences associated with the politics of embodiment surrounding veiling and honour killings comparatively, in Britain and France, and the implications for ongoing (...) debates on multiculturalism. The article argues that the publicity surrounding symbolic practices of sexual intimacy in the context of modernity may come to be loaded with secondary symbolic connotations, often highly politicized, for both Muslims and Europeans, leading to irresolvable conundrums. The processes of higher order symbolization outlined here raise critical questions of authority: who has the authority to interpret the scriptures, in this case the Koran and ideas about individual liberty? Who has the right to determine the limits of modesty, or whom a young person should marry? As in the earlier confrontations in South Asia between Sufi saints and learned Muslim clerics, the current contestation involves a range of actors claiming authoritative sacred knowledge. (shrink)

The increasingly pervasive practice of veiling among Muslim women has stimulated a great deal of scholarly investigation and debate. This study brings empirical evidence to bear on current debates about the meaning of the veil in Islam. This article first examines the conflicting meanings of the veil among Muslim religious elites and Islamic feminists. Although the dominant gender discourse among Muslim elites strongly favors this cultural practice, an antiveiling discourse promulgated by Islamic feminists has gained ground (...) within recent years. This study then examines how these discursive disputes affect gender identity negotiation among veiled and unveiled Muslim women living in Austin, Texas. Interviews with these women highlight how their gender identities reproduce and reformulate existing Muslim gender discourses. Special attention is paid to the subjective disparities and points of congruence between both groups of respondents. This study concludes by suggesting avenues for future research on the intersection of gender, religion, and cultural difference. (shrink)

This essay offers resources for the development of visual ethics by exploring Islamic fashion-veiling in one context: contemporary Indonesia. After providing a methodological framework and historical background for the case study, the moral discourse of two aesthetic authorities is discussed via a fashion blogger and print advice literature. The essay identifies how the practice of fashion-veiling generates norms, what is defined as morally valuable in this practice and why, and how this practice both offers opportunities for the critique and (...) the reinforcement of gendered norms. (shrink)

In this article, I briefly sketch the “right to opacity” that Édouard Glissant details in Poetics of Relation and situate it as an ethical imperative with Simone de Beauvoir’s Ethics of Ambiguity, contrasting the distinctive contributions of opacity and ambiguity toward ethical-political living. I apply the principles of opacity and ambiguity toward one of Beauvoir’s most political and only co-written works, Pour Djamila Boupacha. I argue that the polyvalent use of the Islamic veil during the Algerian War for (...) Independence reveals the ethical application of opacity and ambiguity. Additionally, the veil clarifies the political stakes of gendered assumptions and racial hierarchy across geographies, positing a false body neutrality that obfuscates the violent global War on Terror. (shrink)

Islam is a religion of vast dimensions which has inspired great civilizations and today offers many men and women comfort and ethical guidance. In this paper I suggest that the tension between the Qur'an accepted as the perfect timeless word of God and the encultured dynamic Islam of nearly a quarter of the world's population results in contending perspectives of women's role and rights. The Qur'an gives men and women spiritual parity, but there are verses in the Qur'an that some (...) feminists find difficult to reconcile with the modern rights of women. Most Islamic feminists make a clear distinction between cultural practices and the pure word of God. 1 There are profound differences in the status of women within and between predominantly Muslim countries. In some countries it is illegal for women to drive a car, or to move freely outside the home, in others women have become heads of state. The decision to wear the veil, often a sign of empowerment in Europe, is in parts of the Islamic world obligatory. Voices representing an exclusivist, literalist understanding of Islam have entered the mainstream of Muslim lives due in part to the fact that Wahhabism imposes a narrow, sectarian view of Islam, and the Saudi government with its massive oil wealth propagates this puritanical form of Islam across the world. Some traditionalist maulanas and maulvis are concerned above all with women's modesty and enforce customs that refine, purify and protect their chastity. They, like some Islamic feminists, position Islamic rights and roles for women with regard to the exoticized and eroticized `other' — in this case Western civilization, Western imperialism and the rise of Western feminism. `The West' becomes for traditional interpreters a kind of contemporary jahilya. There are also many progressive Muslim scholars who seek to articulate a historically accurate, non-idealized, now challenged, now challenging, view of Islam with an uncompromising emphasis on social justice, equality and pluralism. This paper argues that the ongoing, postcolonial battle against Western `imperialism' demands epistemological humility. Nevertheless, women are fighting for basic human rights and freedoms in parts of the Islamic world where the State, religious authorities and the patriarchal family assume the right of legal and moral surveillance. In considering the nature of violence to Muslim women in Pakistan and the UK, I hope to show that accusations of orientalism should not deter us from recognizing the courage of women activists who themselves risk imprisonment and of the struggle of women victims of rape and domestic violence to overcome feelings of shame and dishonour. I argue that both the private and public spheres need to be made safe for all Muslim women, and not just a professional elite. This can only be achieved by a fuller recognition of women's rights encapsulated in law and all aspects of public life. (shrink)

This article aims to explore the relationship between veiled, Islamist, women and modernity in Turkey where the woman question is indeed exemplary of the tension-ridden relations between modernity and Islam. By examining the veiled women's rejection of modernity I argue that it is wrong to read Islamism as an actual questioning of modernity. Traditional Islam is not the key element in understanding the veiled women's identity; rather, at the core of the issue is the reproduction of identity under conditions of (...) modernity. First, I look at the Islamic understanding of women; second, I consider the relation of Kemalism to women, so as to understand oppositions between modernity and Islam on the woman question. Finally, the veiled women's rejection of modernity is analysed by means of taking its self-contradictions into the centre of the argument. (shrink)

Research in diverse populations has often found that thin media images negatively affect women’s state body image, with many women reporting lower body satisfaction after exposure to pictures of thin models than before exposure. However, there is evidence that theistic affirmations might buffer against the negative effect of media on body image. Furthermore, based on cross-sectional and correlation analyses, religiosity and the Islamic body covering are discussed as protective factors against a negative trait body image. However, there is no (...) experimental research on veiled Muslim women’s state body image. Therefore, the current study experimentally investigated whether the body satisfaction of veiled Muslim women (n = 66) decreased after exposure to thin media images compared to pictures of furniture as a control condition. Christian women (n = 90) and atheist women (n = 74) were included as control groups, and participants were randomly assigned to the two conditions. Prior to the experimental session, participants’ trait body image was assessed using an online questionnaire comprising questions about body satisfaction, thin-ideal internalization, pressure to be thin, and physical appearance comparisons. The results showed that body satisfaction decreased in the experimental condition and not in the control condition, but no significant differences in pre-post changes were found between the three groups. However, in the experimental condition, veiled Muslim women reported a more positive state body image than did Christian women. Moreover, veiled Muslim women had a more positive trait body image than did Christian women and atheist women. Thus, veiled Muslim women reported lower levels of thin-ideal internalization, pressure to be thin, and physical appearance comparisons than did Christian women and atheist women. As the pre-post changes in body satisfaction did not differ between the three groups, veiling might not buffer against the negative effect of thin media images on state body image. Nevertheless, given the more positive trait body image of veiled Muslim women compared to Christian and atheist women, veiling might positively influence body image in the longer term. (shrink)

Turkey has been experiencing an evolutionary feminist movement within the modernization project since 1923. This paper explores the relationship between politics, religion and feminism in the context of Turkish cultural identity and women's experience of the evolution of modernization evolution. Commencing with a discussion of the Time magazine cover-the Mona Lisa in veils-the paper gives examples of women's experiences of the divine and shifts in patriarchal culture. It also provides an overview of the history of feminism in Turkey, which offers (...) the opportunity to explore, articulate and share the experiences and reflections on the change in women's circumstances in Turkey. The paper will argue that Turkey is one of the most important success stories of women's empowerment; not only because it is an Islamic country; but also because the empowerment of women began in the early twentieth century. Indeed, it is worth identifying what is of crucial importance for the success of both Turkish women and wider feminist movements in Turkey: it is making change real: a 'realization' from theory to political and social practice. (shrink)

The ways in which Islam provides new definitions of self and intimacy in public is at the intersection of culture and politics. Especially in contexts of secular and modern publics, the coming out of Islam from the private to the public sphere takes place with performative acts, such as veiling and segregation of sexes, which underpins religious difference and Muslim habits but also expresses resistance to assimilative and secular modernity. The redesigning of the frontiers between private and public spheres and (...) the control of gender socialization becomes a central stake for islamist politics. Through these micro-practices and gendered frontiers between private and public spheres, an Islamic social imaginary is at work generating new definitions of religious Islamic self in counterdistinction with liberal and emancipatory definitions of modern subject. (shrink)

Secular nationalism and Islamism constitute a major political polarization in current day Turkey. The proponents of both political orientations use the trope of the veiled woman, in order to advance their respective ideologies. However, the instrumentalization of women’s bodies in this way not only proves inefficient in adequately addressing many of the problems that women face today, but it is also linked to the relentless state control and regulation over our bodies. The following essay gives an account of the ways (...) in which both secular nationalists and Islamists are not hesitant about policing our bodies at the service of theirideology. This is a call for solidarity and a true feminist pluralism outside the confines of this divide within which women’s interests always take the back seat to nationalist projects. (shrink)

Behind the Veil: A Critical Analysis of European Veiling Laws By CoxNeville, 288 pp. Price HB £85.00. EAN 978–1788970846.

The impact of Islam upon women’s entrepreneurship in conflict zones is woefully absent from the entrepreneurship literature. This is due to the absence of published scholarship about this context rather than the absence of Muslim women’s entrepreneurship there. To address the gap in the literature, we offer a contextualized analysis and contribution by adopting an Islamic feminism lens and explore how Islamic feminism empowers women entrepreneurs and their entrepreneurial activities and behaviours in conflict zones. We argue that (...) class='Hi'>Islamic feminism is a process of ‘ijtihad’ shaping the business ethics of Muslim women entrepreneurs operating in conflict zones and removing the traditional, patriarchal, colonial and other cultural layers with which Islam has been veiled. The findings from the 16 Muslim women entrepreneurs operating in Afghanistan, Iraq and Palestine and participating in our study reveal that Islamic religiousness plays a critical role in shaping the Muslim women’s entrepreneurial behaviour and their ability to endure the hardships of living in a conflict zone. Within all three research contexts, the participants interpreted and practiced their Islamic religiousness in ways consistent with Islamic Feminism principles and that deviated from patriarchal Islam dominating their conflict zones. This paper contributes to the growing research areas on Islamic feminist foundations for business ethics and women’s entrepreneurship in conflict zones by exploring how Islamic feminism empowers women entrepreneurs in Muslim conflict zones. (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 present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable (...) forms of evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

Women's equality claims have occupied the forefront of the European debate on face-veil bans; most claims have been denounced as mere manipulation for anti-Islamic and/or anti-immigrant political agendas, and the dilemma between anti-sexist and anti-racist struggles has been argued to be false. This article examines how opportunistic manipulation of gender equality claims and the ‘ethnicisation’ of sexism have been assessed and confronted in the scholarly debate opposing the bans, as well as the impact that this debate has had (...) on women's equality claims and the intersectionality issue. I argue that the women's oppression argument has not been fully considered, because it would have disrupted the anti-racist struggle due to unresolved problems with understanding intersectionality. (shrink)

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laïcité, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in (...) a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. (shrink)

The passing of the French law that prohibits face coverings, such as the Islamic burqa, in public places ignited a complex philosophical and legal debate. Participants in the debate have typically focused on the boundaries between individual and religious liberties, on the one hand, and state-imposed limitations on public behaviors, on the other. The author of this paper wishes to introduce a change in perspective by concentrating instead on the duties immigrants have to the citizens of the countries that (...) host them. The author finds that, under certain circumstances, immigrants may have a moral duty to conform to the ethical preferences of the communities they have come to live and interact with. (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)

The practice of Islamic veiling has over the last ten years emerged into a popular site of investigation. Different researchers have focused on the various significations of this bodily practice, both in its gendered dimensions, its identity components, its empowering potentials, as a satorial practice or as part of a broader economy of bodily practices which shape pious dispositions in accordance with the Islamic tradition. Lesser, however, has this been the case for the practice of not veiling or (...) unveiling. If and when attention is accorded to the latter, it is often grasped as a product of integration or an effect secular governmentality, but only rarely as a bodily practice. Drawing on narratives of second generation secular and religious Maghrebi Muslims in Belgium, this paper pursues this second perspective by examining to which extent not-veiling can be understood as a technique of the self (Foucault) that is functional to shaping a liberal (Musilm) subject. While a first part of this article will unpack the ethical substance of such discursive interrogations and point to the ways in which they are intertwined with the enactment of a liberal self, the second part will examine the embodied contours of this problematization, which appeared through the labour upon one's affect and bodily dispositions that this refusal of the hijab, or the act of unveiling, implies. (shrink)

In this article, Brison extends the analysis of freedom developed in Nancy J Hirschmann's book, The Subject of Liberty: Toward a Feminist Theory of Freedom, to an area of controversy among feminist theorists: that of sex work, including prostitution and participation in the production of pornography. This topic raises some of the same issues concerning choice and consent as the three topics Hirschmann discusses in her book—domestic violence, the current welfare system in the United States, and Islamic veiling—but it (...) also raises some distinct ones concerning the social construction of sexuality and possible conflicts between the freedom of some women and the freedom of others. (shrink)

In this article, Brison extends the analysis of freedom developed in Nancy J Hirschmann's book, The Subject of Liberty: Toward a Feminist Theory of Freedom, to an area of controversy among feminist theorists: that of sex work, including prostitution and participation in the production of pornography. This topic raises some of the same issues concerning choice and consent as the three topics Hirschmann discusses in her book—domestic violence, the current welfare system in the United States, and Islamic veiling—but it (...) also raises some distinct ones concerning the social construction of sexuality and possible conflicts between the freedom of some women and the freedom of others. (shrink)

: In this article, Brison extends the analysis of freedom developed in Nancy J Hirschmann's book, The Subject of Liberty: Toward a Feminist Theory of Freedom, to an area of controversy among feminist theorists: that of sex work, including prostitution and participation in the production of pornography. This topic raises some of the same issues concerning choice and consent as the three topics Hirschmann discusses in her book—domestic violence, the current welfare system in the United States, and Islamic veiling—but (...) it also raises some distinct ones concerning the social construction of sexuality and possible conflicts between the freedom of some women (who may choose to engage in sex work) and the freedom of others (who may be harmed by the contribution of such work to the social construction of categories such as "women" and "sex"). (shrink)

The public sphere, be it the Greek agora or the New York Times op-ed page, is the realm of appearances - not citizenship. Its central event is spectacle - not dialogue. Public dialogue, the mantra of many intellectuals and political commentators, is but a contradiction in terms. Marked by an asymmetry between the few who act and the many who watch, the public sphere can undermine liberal democracy, law, and morality. Inauthenticity, superficiality, and objectification are the very essence of the (...) public sphere. But the public sphere also liberates us from the bondages of private life and fosters an existentially vital aesthetic experience. Reign of Appearances uses a variety of cases to reveal the logic of the public sphere, including homosexuality in Victorian England, the 2008 crash, antisemitism in Europe, confidence in American presidents, communications in social media, special prosecutor investigations, the visibility of African-Americans, violence during the French Revolution, the Islamic veil, and contemporary sexual politics. This unconventional account of the public sphere is critical reading for anyone who wants to understand the effects of visibility in urban life, politics, and the media. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without (...) wearing a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

The authors explore how the multi-media artist Farniyaz Zaker uses words to establish connections between different kinds of materials in her work, and how her work makes words material. Zaker’s conception of dress as ‘microcosmic dwelling places’ enables the authors to think about veiling practices, Islams and gender not only in relation to the familiar domains of state, piety, subjectivity, consumption, capitalism, public and private, but also with regard to some less self-evidently relevant contexts. Light, architecture and cinema, as well (...) as walls, windows, curtains, coffins, tents and screens, are among them. It is by way of these multiple refractions that the authors are able to return to those debates that conceive of Islamic veiling in terms of embodied, material practices and to support and develop further reasons for an understanding of that most exceptionally charged piece of material, the veil, as more than a sign of …. (shrink)

The relationship between constitutional secularism and gender equality acquires peculiar dimensions in the context of the laïcité project in republican France – particularly, in the contemporary conflict between a laïcité interpreted as a politics of emancipatory social transformation, and the more minimalist liberal conception prevailing in French law. The dominant narrative in the republican establishment, shared between left and right, has been that laïcité will lead to gender emancipation not only by dissolving any sectarian dimensions of women’s citizenship – that (...) is, by sustaining a religiously neutral public sphere – but also, by preventing the domination as well as the coercion of religious choice in the intimate and private spheres of family and community. In this narrative, laïcité represents a more ambitious project of gender emancipation than that promised by the liberalisms more redolent of the Anglo-American world. The apogee of this expansionary interpretation of constitutional secularism is expressed in the 2004 prohibition on conspicuous markers of religious affiliation in the public schools, and the recent debate on the ‘full’ Islamic veil. This article considers the relationship of laïcité to gender equality through the lens of the broader theoretical debate surrounding the relationship of political liberalism to the politics of non-domination. The elusive challenge is to craft a constitutional secularism that can sustain a viable politics of non-domination – going beyond the formalist voluntarism redolent of classical liberalisms, offering undominated as well as uncoerced religious choice – yet also avoiding an overzealous emancipatory stance that itself assumes a regulative role for women’s religious choices. (shrink)

At the basis of Ghazali's criticisms of Ash'arite kalam is the thesis that its primary function is the defence of traditional Islamic belief, the 'aqida, against the distortions of heretical innovations (al-bida'). Kalam is not an end in itself and it is error to think that the mere engagement in it constitutes the experientially religious. In the I[hdotu]ya' he maintains in effect that when it is pursued as an end in itself, its dogmas can constitute a veil preventive (...) of the attainment of gnosis (ma'rifa). On the other hand, Ash'arite kalam when not pursued as an end in itself can be an aid in the quest after gnosis. This is implicit in his reference (in Kitab al-Arba'in) to his own major work of Ash'arite kalam, the Iqti[sdotu]ad fi al-i'tiqad, where he states that “it goes deeper in ascertaining [the truth] and is closer to knocking at the doors of gnosis than the official discourse encountered in the books of the mutakallimin.” The I[hdotu]ya' abounds with homilies, guides for the pious, particularly for those seeking mystical knowledge. Ash'arism pervades such homilies. Thus in Kitab al-Tawba, Ghazali formulates, analyzes and defends the concept of human choice in Ash'arite terms. He thus argues that each of the ingredients of this concept - knowledge, power, the decisive will, as well as the ensuing choice - is individually the direct creation of God. Not that the argument for this concept yields experiential knowledge of its meaning within the cosmic scheme of things. For Ghazali such knowledge is only attained through mystical vision. But the Ash'arite argument, when not pursued as an end in itself, can be an aid to the seekers of gnosis. It can bring them closer to knocking at its doors. (shrink)

Laws do not suffice to make societies. Gabriel Tarde could have expressed this warning under two hats, first as a legal theorist, then as a sociologist. However, this does not lead him to dissolve society into merely individualistic calculations. His concept of imitation calls for a distributive description of social facts. Its other virtue directs our attention towards the secret sources of invention, which cannot be predicted by the legislator, and which keep the sociologist from being able to close his (...) system . The « social body » is infiltrated from all sides by upsurges of novelties, variations, and adaptations. Hence, and even though Tarde opted for a metaphysical foundation, his sociology is bound to pragmatic demands. The recent French controversy about the Islamic veil provides a testing board for such propositions. (shrink)

The paper examines one possible argument against restricting the display of religious icons in Romanian public schools. Opponents of this decision claim that cult objects affirm something essential about our cultural identity and therefore that using legal instruments to protect this identity is justified. Using a differential analysis of two models of identity recognition, Charles Taylor’s and Axel Honneth’s, this paper argues that the legal protection of cultural identity is compatible with value pluralism but only if its defense is justified (...) in the terms provided by Honneth’s theory of identity recognition. However, the argument in favor of displaying icons in Romanian public schools, unlike the argument against wearing the Islamic veil in French public schools, cannot be justified in these terms. (shrink)

The paper examines one possible argument against restricting the display of religious icons in Romanian public schools. Opponents of this decision claim that cult objects affirm something essential about our cultural identity and therefore that using legal instruments to protect this identity is justified. Using a differential analysis of two models of identity recognition, Charles Taylor’s and Axel Honneth’s, this paper argues that the legal protection of cultural identity is compatible with value pluralism but only if its defense is justified (...) in the terms provided by Honneth’s theory of identity recognition. However, the argument in favor of displaying icons in Romanian public schools, unlike the argument against wearing the Islamic veil in French public schools, cannot be justified in these terms. (shrink)

The politicization of Islam from a European viewpoint is apparent in how the Islamic ‘veil’ has become an icon of Islam’s alleged deficits with regard to fitting into European modernity. This article unpacks the iconic symbolism of ‘political Islam’ and shifts the focus to Muslim voices articulating struggles for justice and solidarity through the attempt to reformulate secular republicanism and critique its authority basis. This is the emerging trend of ‘critical Islam’, which targets both the hegemonic discourse on (...) secularity and republicanism, and its antithesis, that is, ‘communitarianism’, understood, in European-continental parlance, as the ideology that perpetuates traditional forms of authority. In this context, the article examines the work of the French commission on laïcité and the debates it initiated within the emerging Euro-Islamic public sphere. The analysis puts in evidence the critical potential of this public sphere to enrich the categories of the European sociology of religion. The critique of the normative limits of secularity is thus linked to the valorization of the transnational positioning of critical Islamic voices in Europe. Their capacity to penetrate the political process, related to the erosion of the nation-state and to the conflicted reconstruction of a pan-European republicanism, is a precious asset. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

My intention in this paper is to reframe the practice of veiling as an embodied practice of self-development and self- transformation. I argue that practices like these cannot be handled by the choice/chance distinction relied on by those who would restrict religious minority accommodations. Embodied self- transformation necessarily means a change in personal identity and this means the religious believer cannot know if they will need religious accommodation when they begin their journey of piety. Even some luck egalitarians would find (...) leaning exclusively on preference and choice to find who should be burdened with paying the full costs of certain choices in one’s life too morally harsh to be justifiable. I end by briefly illustrating an alternative way to think about religious accommodation that does not rely on the choice/chance distinction. (shrink)

Satr al-awrah (Hijab /veiling) is one of the obligatory provisions for men and women in Islam. Satr al-awrah, as a religious/jurisprudential term, means covering the parts of the body (awrah) that should be covered by religion. Islamic jurisprudents have disagreed on whether satr al-awrah is a condition of validity for prayer. There are two basic approaches to this issue, one of which belongs to the public (jumhūr including the Hanafī, Shafiī and Hanbalī schools) and the other to the Mālikīs. (...) According to the majority (jumhūr), satr al-awrah is a validity condition of the prayer. Therefore, a prayer performed without fulfilling the satr al-awrah condition is not valid. A prayer performed in this way must be re-performed absolutely within or outside of time. There are two approaches in the Mālikī school regarding whether the satr al-awrah is a condition for the validity of the prayer. The first approach is (partly) the same as the jumhūr. According to the second approach (without any distinction between prayer and outside the prayer), satr al-awrah is a general obligation in Islam and is not a valid condition for prayer.According to the Mālikīs who accept this second view, it is sunnah to comply with the satr al-awrah condition in prayer. On the other hand, in the Mālikī school, awrah is divided into two as ʿawrah mughallaẓa and ʿawrah mukhaffafa in terms of its effect on the validity of prayer. The disagreement about whether the satr al-awrah is a condition of validity for the prayer is related to the ʿawrah mughallaẓa. On the other hand, there is an agreement that the ʿawrah mukhaffafa is not a condition for the validity of the prayer. The disagreement in the classical fiqh doctrine about whether the satr al-awrah is a condition for the validity of the prayer has some jurisprudential consequences. As a matter of fact, according to the majority, whether it is ʿawrah mughallaẓa or mukhaffafa, a prayer performed with an uncovered awrah is not valid and must be re-performed absolutely. In the Mālikī school, there are different opinions depending on whether it is ʿawrah mughallaẓa or mukhaffafa. If the place uncovered on the body is ʿawrah mughallaẓa; According to those who accept the satr al-awrah as a condition for the validity of the prayer, the prayer is not valid and must be re-performed absolutely. After the time has passed, the prayer does not have to be repeated. If the place uncovered on the body is ʿawrah mukhaffafa, according to all Mālikīs, unanimously the prayer is valid. Although it is recommended to reperformed it in time, it is not required to be returned after the time has passed. The following can be said about the practical examples of the disagreement in the classical fiqh doctrine regarding whether the satr al-awrah is a condition for the validity of the prayer, especially in terms of ʿawrah mukhaffafa: According to Mālikīs, who do not accept the validity of the satr al-awrah for prayer, it is valid for women to pray with their heads down, below the knees and with their arms uncovered. Again, according to them, it is valid for men to perform prayers with their thighs/hips (fakhz) uncovered, since it is considered one of the private parts. (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)

The Neoplatonic notion of “emanation” implies a required progression through hierarchical stages, originating from the highest principle (the One or God) and cascading down through a series of principles. While this process is deemed necessary, it is also inherently good, even “choiceworthy”, aligning with the identification of the first principle with the Good. Plotinus, a prominent Neoplatonist, emphasizes the beauty and goodness of the sensible world, governed by divine providence. This perspective, transmitted through Arabic adaptations of Plotinus, influences Islamic (...) philosophers too. This paper delves into the thought of the Ismāʿīlī philosopher Abū Yaʿqūb al-Sijistānī (d. after. 349/971), exploring the interplay of necessity and goodness in his cosmology, with a focus on non-human animals. Sijistānī’s Persian Uncovering the Veiled provides a unique perspective on animals, presenting them as both necessary unfoldings of the universal intellect and inherently good beings with intrinsic value. The paper concludes with an appendix featuring an improved edition and English translation of relevant passages. (shrink)

I argue that representations of the Muslim woman in the Western imaginary function as counter-images to the patriarchal ideal of Western woman. Drawing upon the work of Frantz Fanon (and supplementing it with a consideration of the role of gender), I show how the image of the veiled, Muslim woman is both othered and racialized. This “double othering,” I argue, serves: (i) To normalize Western norms of femininity. The social control of women and their bodies by liberal society is hidden. (...) Gender oppression is rather projected onto Muslim women, and identified with their societies, while remaining invisible within Western society. Western womanhood is taken to be “free” of such oppression. (ii) To deflect attention away from Western patriarchy, and promote complicity on the part of Western women with this society rather than other women. (iii) To represent Western femininity as an ideal that solicits women’s complicity universally. The attempt is to establish the superiority of Western society and its gender norms and morally justify the domination of other societies (in the name of civilization and the liberation of women). (shrink)

Drawing on the existent literature in the field and on in-depth interviews, we aim to examine here the practice and the meaning of wearing hijab by Romanian-born Muslim women. In our attempt to show the particularities of veiling among young Romanian-born Muslim women, we take into account the social and cultural context, the meanings and the values that these women convey to wearing the hijab and the consequences that such a practice has for their lives in the community and in (...) the Romanian society at large. We hope that the findings presented and discussed in this paper will enrich the research on this topic and will add a new perspective on the status of Muslim women in Eastern Europe. (shrink)

The clichés attached to Islam and Muslim women that the West had perpetuated since the Middle Ages and that were later propagated by Orientalist writers and painters, are reviewed in this article. The emergence of the subject of women as the centrepiece of western accounts of Islam in the late 19th century is equated with the beginning of European colonialism in Muslim countries, and the reasons for choosing the two controversial issues related to Muslim women: polygamy and the veil. (...) It clarifies the status of women before Islam and after its Revelation, assessing the positive and little-known aspects of the Muslim woman's role throughout history and the grounds for the deterioration of her status. The article closes with a matter-of-fact assessment of the position of women in the Islamic world today, reproving any approach based on generalities and oversimplifications when dealing with Islam-related issues. (shrink)