The European Court of Human Rights has upheld a ban by France on wearing the Muslim full-face veil – the niqab.

A case was brought by a 24-year-old French woman, who argued that the ban on wearing the veil in public violated her freedom of religion and expression.

French law says nobody can wear in a public space clothing intended to conceal the face. The penalty for doing so can be a 150-euro fine (£120; $205).

France has about five million Muslims – the largest Muslim minority in Western Europe – but it is thought only about 2,000 women wear full veils.

The court ruled that the ban “was not expressly based on the religious connotation of the clothing in question but solely on the fact that it concealed the face”. The Strasbourg judges’ decision is final – there is no appeal against it.   »»» BBC News

Permanent niqab or face veil is NOT an Islamic requirement; it is a personal choice since niqab is forbidden during the rituals of the pilgrimage (hajj) to Mecca.

The Prophet (peace be upon him) said:

“A woman who is in the state of Ihram (during Hajj or Umra pilgrimage to Mecca) may NOT wear a niqab or gloves.” (Bukhari)

Most contemporary scholars view that hijab (covering the hair) fulfills the requirements for Muslim woman’s dress when in public and niqab goes beyond that.

The Prophet (peace and blessings be upon him) said to Asma’, daughter of Abu Bakr (may Allah be pleased with them):

“O Asma’! Once a girl reaches puberty, nothing of her body may be seen (outside the family) except this and these, (he pointed to his face and hands while saying so).” (Abu Dawud, Al-Albani Classified it as Hasan)

We should reflect on the pilgrimage (hajj) rule that PROHIBITS women from covering the face in Mecca. In that situation, women are crowded among hundreds of thousands of male strangers. While covering the face may be an exceptional expression of piety by some Muslim women, it is certainly NOT a requirement of Islamic shari’ah.

In fact, the right of a government to forbid face coverings as a matter of ensuring public order and security can be justified under two subsidiary sources of shari’ah law: Custom (‘urf and ‘adat) and public welfare (istihsan, istislah, masalith al-mursalah).

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