Effects of Niqab Ban on Court Decisions and Witness Testimonies

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Niqab in the Courtroom
Introduction
The issue of the Niqab has drawn much attention across governments in recent years. This issue has mainly been propelled by the frequent attacks that have been experienced in developed nations such as Europe and America. Most of the attacks are associated with Islamic radical groups. As such, the debate on whether Islamic women should wear the Niqab in public is debatable. The State Senator is highly considering to move forward with drafting the bill to prohibit women from wearing the Niqab while giving testimonies in the courts. However, drafting the bill would raise religious and constitutional issues, mainly because the Quran requires women to wear the face veil as a fulfillment of their religious duties (ANT 185, Lecture, 2019). Also, placing a ban on the Niqab would subject the Muslim women to special restrictions directed at their faith. Considering every individual has equal rights regardless of religious distinctions, race, gender, and color, among others, then it would be inappropriate to place a ban on the wearing of Niqab in courtrooms.
Controversies around the Niqab
Islam is considered the fastest-growing religion in the world, with millions of Muslims residing in the U.S and across Europe. Muslims can easily be distinguished from other individuals by their modest dressings, which differ from the western secular code of dressing. Part of their dressing includes the Niqab, a head covering which is used to convey a spiritual meaning. The Quran requires women to dress modestly as a symbol of womanhood and cover their heads as a show of obedience to Allah (Zempi, 2016, p. 1741). This indicates that the Niqab is not a fashion statement but a symbol of religious conviction. Despite this, various governments have either placed restrictions or banned women from wearing the Niqab. France became the first European country to ban the wearing of the Niqab in public. The country began by banning the clothing in schools in 2004, and later initiated a full public ban of the Niqab in 2011 (Zempi, 2016, p. 1739). Belgium also banned the niqab in 2010, followed by Italy in 2016 and Germany in 2017 (ANT 185, Lecture, 2019). These countries have based their restrictions on stereotypical notions that consider women wearing the Niqab a threat to national security as well as its association with Islamic and political extremism. In this regard, the Niqab is associated with terrorism. Every individual has the right to choose the kind of dressing they prefer to wear regardless of its rejection by a majority of the population. Also, religious beliefs are protected under the constitution. In the U.S, for instance, the First Amendment protects individuals who practice religion and restricts the government from prohibiting the free exercise of religious activities (ANT 185, Recitation, n.d). Yet governments fail to adhere to the laws and respect such rights, especially when it comes to the issuance of driver’s license, air travel, and courtroom appearances.
Arguments for the Ban on Niqabs
The necessity of controls over attires in courtrooms is mainly based on security, decorum, and order. Courts require the public to adhere to specific stan...