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Barker, Renae --- "Of burqas (and niqabs) in courtrooms: the neglected women’s voice" [2018] ELECD 804; in Ahdar, Rex (ed), "Research Handbook on Law and Religion" (Edward Elgar Publishing, 2018) 397

Book Title: Research Handbook on Law and Religion

Editor(s): Ahdar, Rex

Publisher: Edward Elgar Publishing

ISBN: 9781788112468

Section: Chapter 19

Section Title: Of burqas (and niqabs) in courtrooms: the neglected women’s voice

Author(s): Barker, Renae

Number of pages: 23

Abstract/Description:

Courts across the common law world, including New Zealand, Canada, the US, the UK and Australia, have been required to consider whether or not Muslim women can wear an Islamic face veil (often referred to as a burqa, burka or niqab) while giving evidence. This chapter considers the views expressed by these women in these court cases. In doing so it fills a gap in the existing literature by bringing to the fore the voice of Muslim women who are frequently positioned in public discourse as silent victims who must be liberated and for whom others must speak. The women consistently cite matters of religious obligation and female modesty as the reasons for their request to wear a face veil in court. While this is consistent with the extant literature, the reasons given by women in the cases are narrower than those given by women in empirical studies. The author theorizes that this may be due to the context in which these women are providing a justification. In particular, they are constrained by the need to present a reason (to wear the veil) that is capable of legal protection, in this case freedom of religion.