Shabina Begum
Encyclopedia
R v Governors of Denbigh High School [2006] UKHL 15 is the leading House of Lords
case on the legal regulation of religious symbols and dress under the Human Rights Act 1998
.
origin), was a pupil at Denbigh High School, in Luton
, Bedfordshire
. Four out of the six parent governors were Muslims, the Chair of the Luton Council of Mosques was a community governor and three of the LEA governors were also Muslims. However the school also contained a significant number of pupils of other faiths and the school wished to be inclusive in serving the needs of this diverse community and regarded the school uniform as promoting a sense of communal identity. In addition to uniforms incorporating trousers or skirts, female pupils are also offered a uniform based on the Pakistan
i or Punjabi
shalwar kameez
with optional khimar. The school uniform was decided upon in consultation with local mosques, religious organisations and parents. The School considered the shalwar kameez attractive as it was worn by several faith groups and, accordingly, helped to minimise the differences between them.
For two years, Ms. Begum attended the school without complaint, wearing the shalwar kameez, but in September 2002, Ms. Begum, accompanied by her brother and another young male, went to the school and demanded that she be allowed to wear the long coat-like garment known as the jilbab
. In the opinion of Begum and her supporters, the particular form of shalwar kameez offered by the school was relatively close-fitting with short sleeves, and was therefore not compliant with the requirements of Islamic dress
as they deemed them to be stated in Sharia
law. Shabina refused to attend for three years unless she was allowed to wear the jilbab
(a form of long gown) to school. She believed that this was required by her Muslim
faith, in contravention of the school uniform
policy. In addition, the jilbab was, in the opinion of Begum and her supporters, a more culturally-neutral form of Islamic attire.
The school's supporters had claimed that after Begum's parents had died, she had come under the undue influence of her brother Shuweb Rahman, a supporter of the radical Islamist
group Hizb ut-Tahrir
. They also argued that if Begum was allowed to attend classes wearing jilbab, other pupils would feel under pressure to adopt stricter forms of Islamic dress.
Begum, with her brother, issued a claim for judicial review of the school's decision not to allow her to wear the jilbab at school. The claim was made on the grounds that the school had interfered with her Human Rights to manifest her religion (Article 9 of the European Convention on Human Rights
) and her right to education (Article 2(1) of the first protocol).
ed against this decision, and the case was heard by the Judicial Committee of the House of Lords
. The Department for Education and Skills was allowed to make submissions in the hearing in the House of Lords. The House of Lords ruled in favour of the school. Begum was represented in the Court of Appeal and the House of Lords by Cherie Booth QC.
The Law Lords took the view that a person's right to hold a particular religious belief was absolute (i.e. could not be interfered with), but that a person's right to manifest a particular religious belief was qualified (i.e. it could be interfered with if there was a justification).
3 of the 5 Law Lords held that Begum's rights had not been interfered with (Lord Bingham, Lord Scott of Foscote and Lord Hoffmann), and 2 held that they had (Lord Nicholls of Birkenhead and Baroness Hale of Richmond
).
All 5 agreed, however, that in this particular case there were justifiable grounds for interference, one of the grounds being to protect the rights of other female students at the school who would not wish to be pressured into adopting a more extreme form of dress.
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
case on the legal regulation of religious symbols and dress under the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
.
Facts
Shabina Begum ' onMouseout='HidePop("41006")' href="/topics/British_Bangladeshi">BangladeshiBritish Bangladeshi
A British Bangladeshi is a person of Bangladeshi origin who resides in the United Kingdom having emigrated to the UK and attained citizenship through naturalisation or whose parents did so; they are also known as British Bengalis...
origin), was a pupil at Denbigh High School, in Luton
Luton
Luton is a large town and unitary authority of Bedfordshire, England, 30 miles north of London. Luton and its near neighbours, Dunstable and Houghton Regis, form the Luton/Dunstable Urban Area with a population of about 250,000....
, Bedfordshire
Bedfordshire
Bedfordshire is a ceremonial county of historic origin in England that forms part of the East of England region.It borders Cambridgeshire to the north-east, Northamptonshire to the north, Buckinghamshire to the west and Hertfordshire to the south-east....
. Four out of the six parent governors were Muslims, the Chair of the Luton Council of Mosques was a community governor and three of the LEA governors were also Muslims. However the school also contained a significant number of pupils of other faiths and the school wished to be inclusive in serving the needs of this diverse community and regarded the school uniform as promoting a sense of communal identity. In addition to uniforms incorporating trousers or skirts, female pupils are also offered a uniform based on the Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
i or Punjabi
Punjab region
The Punjab , also spelled Panjab |water]]s"), is a geographical region straddling the border between Pakistan and India which includes Punjab province in Pakistan and the states of the Punjab, Haryana, Himachal Pradesh, Chandigarh and some northern parts of the National Capital Territory of Delhi...
shalwar kameez
Shalwar kameez
Shalwar kameez — or salwar kameez or shalwar qameez — is a traditional dress worn by both women and men in South Asia and Central Asia. Shalwar or salwar are loose pajama-like trousers. The legs are wide at the top, and narrow at the ankle. The kameez is a long shirt or tunic...
with optional khimar. The school uniform was decided upon in consultation with local mosques, religious organisations and parents. The School considered the shalwar kameez attractive as it was worn by several faith groups and, accordingly, helped to minimise the differences between them.
For two years, Ms. Begum attended the school without complaint, wearing the shalwar kameez, but in September 2002, Ms. Begum, accompanied by her brother and another young male, went to the school and demanded that she be allowed to wear the long coat-like garment known as the jilbab
Jilbab
The term jilbāb or jilbaab is the plural of the word jilaabah which refers to any long and loose-fit coat or garment worn by some Muslim women. They believe that this definition of jilbab fulfills the Quranic demand for a Hijab...
. In the opinion of Begum and her supporters, the particular form of shalwar kameez offered by the school was relatively close-fitting with short sleeves, and was therefore not compliant with the requirements of Islamic dress
Sartorial hijab
This list of types of sartorial hijab indexes styles of clothing found in predominantly Muslim societies commonly associated with the word hijab...
as they deemed them to be stated in Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law. Shabina refused to attend for three years unless she was allowed to wear the jilbab
Jilbab
The term jilbāb or jilbaab is the plural of the word jilaabah which refers to any long and loose-fit coat or garment worn by some Muslim women. They believe that this definition of jilbab fulfills the Quranic demand for a Hijab...
(a form of long gown) to school. She believed that this was required by her Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
faith, in contravention of the school uniform
School uniform
A school uniform is an outfit—a set of standardized clothes—worn primarily for an educational institution. They are common in primary and secondary schools in various countries . When used, they form the basis of a school's dress code.Traditionally school uniforms have been largely subdued and...
policy. In addition, the jilbab was, in the opinion of Begum and her supporters, a more culturally-neutral form of Islamic attire.
The school's supporters had claimed that after Begum's parents had died, she had come under the undue influence of her brother Shuweb Rahman, a supporter of the radical Islamist
Islamism
Islamism also , lit., "Political Islam" is set of ideologies holding that Islam is not only a religion but also a political system. Islamism is a controversial term, and definitions of it sometimes vary...
group Hizb ut-Tahrir
Hizb ut-Tahrir
Hizb ut-Tahrir is an international Sunni. pan-Islamic political organisation but keeps it open for all including shias,some of its beliefs are against sunni school of thought, whose goal is for all Muslim countries to unify as an Islamic state or caliphate ruled by Islamic law and with a caliph...
. They also argued that if Begum was allowed to attend classes wearing jilbab, other pupils would feel under pressure to adopt stricter forms of Islamic dress.
Begum, with her brother, issued a claim for judicial review of the school's decision not to allow her to wear the jilbab at school. The claim was made on the grounds that the school had interfered with her Human Rights to manifest her religion (Article 9 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
) and her right to education (Article 2(1) of the first protocol).
Appeals
Begum lost the case in the High Court, but later won on appeal to the Court of Appeal. The school appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed against this decision, and the case was heard by the Judicial Committee of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
. The Department for Education and Skills was allowed to make submissions in the hearing in the House of Lords. The House of Lords ruled in favour of the school. Begum was represented in the Court of Appeal and the House of Lords by Cherie Booth QC.
House of Lords
Lord Bingham of Cornhill stressed at the outset of his judgment that,The Law Lords took the view that a person's right to hold a particular religious belief was absolute (i.e. could not be interfered with), but that a person's right to manifest a particular religious belief was qualified (i.e. it could be interfered with if there was a justification).
3 of the 5 Law Lords held that Begum's rights had not been interfered with (Lord Bingham, Lord Scott of Foscote and Lord Hoffmann), and 2 held that they had (Lord Nicholls of Birkenhead and Baroness Hale of Richmond
Brenda Hale, Baroness Hale of Richmond
Brenda Marjorie Hale, Baroness Hale of Richmond, DBE, QC, PC, FBA is a British legal academic, barrister, judge and a Justice of the Supreme Court of the United Kingdom....
).
All 5 agreed, however, that in this particular case there were justifiable grounds for interference, one of the grounds being to protect the rights of other female students at the school who would not wish to be pressured into adopting a more extreme form of dress.
See also
- Islam in the United KingdomIslam in the United KingdomIslam has been present in the United Kingdom since its formation in 1707, though it was not legally recognised until the Trinitarian Act in 1812. Today it is the second largest religion in the country with estimates suggesting that by 2010 the total Muslim population had reached 2.869 million.The...
- Islamic dress controversy in Europe
- French law on secularity and conspicuous religious symbols in schoolsFrench law on secularity and conspicuous religious symbols in schoolsThe French law on secularity and conspicuous religious symbols in schools bans wearing conspicuous religious symbols in French public primary and secondary schools...
External links
- Video of Shabina Begum Just before verdict
- Judgment of the House of Lords
- The Appeal Court judgment (March 2, 2005)
- The High Court judgment (June 15, 2004)
- School wins Muslim dress appeal (March 22, 2006)
- Schoolgirl loses Muslim gown case (June 15, 2004)
- Schoolgirl wins Muslim gown case (March 2, 2005)