EU firms free to ban Muslim headscarves, court says

Muslim headscarvesCompanies in the EU can ban Muslim employees from wearing headscarves to work, a senior jurist has said in a case involving British security firm G4S.

The headscarf ban “may … be justified in order to enforce a legitimate policy of religious and ideological neutrality pursued by the employer”, Juliane Kokott, a German advocate general at the EU Court of Justice in Luxembourg, said in a statement on Tuesday (31 May).

She said the ban must be based on “a general company rule” on religious symbols of any type and must be “proportional”.

She added that the issue is so “delicate” that national courts should have “a measure of discretion which they may exercise in strict accordance with EU rules”.

Kokott’s opinion is not binding on the final verdict of the EU court, but it is a strong sign of what the final “clarification” will say.

The case arose when G4S fired Samira Achbita, a Muslim receptionist at one of its offices in Belgium, because she refused to come to work without her scarf.

She sued for damages in Belgian courts and won the backing of the Belgian Centre for Equal Opportunities and Combating Racism, a government agency.

But judges ruled against her on two occasions. Her appeal is currently being heard by Belgium’s Court of Cassation, which asked the EU court for a “clarification” before issuing its final ruling.

Kokott added that the Belgian court should look at details of the case, such as “size and conspicuousness of the religious symbol, the nature of Ms Achbita’s activity and the context in which she must perform her activity, as well as the national identity of Belgium”.

Belgium is a traditionally Roman Catholic, but secular society. Five years ago, it banned wearing of the full-face Islamic veil in public.

Kokott said G4S was right to have a no-symbol policy “because of the special nature of the work which G4S employees do” and because Muslim scarves or other religious paraphernalia would have “a defining impact … on the image of the firm”.

She said “freedom of religion is one of the cornerstones of a democratic society”, but that people “may be expected to moderate the exercise of his religion in the workplace”.

EUOBSERVER

  • 5thDrawer

    The ‘face-masks’ bit we can understand … considering the desire for recognition lately.
    I think the biggest problem is describing a scarf as something ‘religious’ in the first place. Many females wore scarves TO and FROM work to keep the hair in place, but as with males in hats outdoors, they should remove head-gear in an office to be like everyone else … OR in shops where the item may be a danger around machinery which could catch it. One would think it’s up to the business to decide what seems rational and/or polite.
    In Europe, everyone took off the head-covers indoors.
    But then, ‘Big Business’ invented ‘Malls’.

    • Cometofacts

      Islam has universality in its teaching with enough flexibility to adjust itself easily among the people of different cultures without loosing the soul purpose of its teachings. It is a mistake to consider that God Almighty has ordered women to cover their faces in all condition when they come out. There is very flexible teaching given by God in the Quran about the practice of veil . The following verses have guidance to practice veil in different places and in different situations.

      (Quran 33:60) O Prophet! tell thy wives and thy daughters and the women of the believers that they should draw close to them portions of their loose outer coverings. That is nearer that they may thus be distinguished and not molested. And Allah is Most Forgiving, Merciful.

      [Quran 24:31] Say to the believing men that they restrain their eyes and guard their private parts. That is purer for them. Surely, Allah is well aware of what they do. [24:32] And say to the believing women that they restrain their eyes and guard their private parts, and that they disclose not their natural and artificial beauty except that which is apparent thereof, and that they draw their head-coverings over their bosoms, and that they disclose not their beauty save to their husbands, An or to their fathers, or the fathers of their husbands or their sons or the sons of their husbands or their brothers, or the sons of…. they strike not their feet so that what they hide of their ornaments may become known.And turn ye to Allah all together, 0 believers, that you may succeed.

      The following inferences are clearly deducible from the verses quoted above:

      (i) When they go out, Muslim women are to wear an outer and wrapping garment which should cover their heads and bosoms in such a manner that the garment should come down from the head to the bosom covering the whole body including the face.

      (ii) Muslim men and women are to restrain their eyes when they happen to face each other.

      (iii) The third commandment by the words” And stay in your houses” imply that whereas women may go out when necessary, the principal and primary sphere of their activities is inside the house.

      The first commandment (in verse 33:60) applies to women when they go out. Then they are to use an outer garment which should cover their whole body including the face.

      The second commandment (in verse 24:32) relates to “purdah” primarily inside the four walls of the house when near male relatives frequently come and go. In that case men and women are only to restrain their looks and as an additional precaution women are to take care that their ‘ Zeenat ‘ (beauty) of person, dress and ornaments, is not displayed. They are not required to use ”Jalbab” (outer garment to cover face) because that would be very irksome and even impracticable in view of the free and frequent visits of near blood relations, (because all the persons mentioned in the verse (24:32) are very near relations who generally visit the houses of their relatives.)

      In verse 33: 60 the garment which a woman is to use when she goes out is ” Jalbab”,( In the verse (33: 60) the Arabic words used are”Judneena aleihina min Jalabibihina” they should let down over them their outer garments )

      The garment which she has to use inside the house when relatives visit is ) Khumar” ( in the verse 24:32 the words used are ”Jazribna bekhomorihina ala jubihina” i.e. they should cast their head-coverings over their bosoms.)

      It is clear that in the former case the garment will cover the head, the face and the bosom while in the latter case only the head and the bosom will become covered and the face may remain uncovered.

      It may also be noted in passing that the shape and form of the outer-garment which, as mentioned above (in the verse 33: 60), a woman must wear when she goes out and which covers her whole body including the face will vary according to the customs, habits, social status, family traditions and usages of various classes of the Muslim community.

      The commandment (in the verse 24:32) with regard to “Veil” within the four walls of the house will also apply to shops, fields, etc., where women of certain sections of Muslim society have to work to earn their living. There a woman will not be required to veil her face. She will have only to restrain her eyes and to cover her ”Zinah” beauty, her ornaments and other embellishments, as women within the house have to do when their relatives visit them.

      In the expression ( in the verse 24:32) the Arabic words ‘La Ubdeena Zeenatahuna’ (they display not their beauty), the Arabic word ‘ Zeenatah ‘(Beauty) includes both natural and artificial beauty. It signifies the beauty of person, and includes the beauty of dress and ornaments which women wear on their hands, feet, ears, arms, necks, bosoms, etc.

      The expression in the verse (24:32), “except that which is apparent thereof,” contains all those things which it is not possible for a woman to cover such as her voice, gait or stature and also certain parts of her body which remain uncovered according to her social status, her family traditions, her avocation and the customs of the society. The permission to keep certain parts of the body uncovered will be subject to certain variations. Thus the words, “they display not their beauty” will have different connotations with regard to women belonging to different sections and grades of society and the connotation will change with the change in the customs.

      In short a woman can uncovered her face (before other men) in a time if it is required by law of a country or it is a requirement of her work or education or she is in need of a medical treatment etc. with the practice of this advice of the Quran ”to restrain her eyes and to cover her ”Zinah” ( her ornaments and other embellishments).

      • Rascal

        You quran quotes have no bearing on the real laws of western countries. They only display the root problem of a bigger cultural incompatibility with host western countries and the current problems they have with controlling unruly muslim males. As I said before, please respect the real laws or if that is not possible , move to a country that does not offer fair treatment of women. I can suggest Saudi land if you really like the black garbage bag look of a woman or Iran if you are slightly more moderate and only need four wives as your property which you can beat and commit unpunished honor crimes with.

        • Hind Abyad

          “Opponents of Wahhabism who are themselves no friends of the U.S., and whose opinions are therefore of interest, have pointed out that MSA has banned criticism of the Saudis and Wahhabis, as well as non-Wahhabi Islamic literature, from its college branches (which exist throughout North America). MSA officially endorsed Wahhabism, and in 1980 produced an edition of the perverse ramblings of Muhammad Ibn abd al-Wahhab, the 18th century founder of the crazed sect.”

          How the Wahhabi Lobby Spins Islam
          http://www.islamicpluralism.org/169/how-the-wahhabi-lobby-spins-islam

          • Rascal

            Yes, both the extremist countries of Saudi Arabia AND the other extremist country of Iran are world leaders in oppression of woman’s rights. They will continue to be a thorn in the side of progressive liberal society till they evolve into modern standards.
            Hind, do you support woman’s rights to freedom from oppression? In the Wahabi land of Saudi Arabia these poor souls can not even drive and in Iran a woman can not even go to a sports event without having to disguise themselves as a man to get in. Pretty sad state. No wonder you came to Canada to have freedom.

          • 5thDrawer

            “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way – in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.”

          • Hind Abyad

            I came to Canada where had aunts and cousins as a student to go to College for on year, i came back 2 years latter to stay. Don’t give that BS.. ‘No wonder you came to Canada to have freedom’, I’m christian i had freedom. RAZ

          • 5thDrawer

            Someone is attacking ‘Gays’ in California at the moment ….. bigger than Paris News.

          • Oh Yaeh

            The someone (the shooter) was identified as Omar S. Mateen, with afghan roots.
            Suspected Orlando shooter called 911, swore allegiance to Islamic State, and now we hear that “Islamic State claims responsibility for Orlando nightclub shooting”…. “bigger than”, is it a fucking contest?

            The assassin from the “Pulse”
            Is Omar Mateen a “Hero”, or a lice?

          • Hind Abyad

            OOOhh Yeahh 6 Stabbed at Jerusalem Gay Pride Parade by ultra-Orthodox Jewish Assailant
            http://www.haaretz.com/israel-news/1.668796
            https://www.youtube.com/watch?v=MmO6wamOgb8

          • Oh Yaeh

            The ultra-Orthodox Jewish Assailant was nothing else than a Jewish vermin, and there are a lot of this kind in Jerusalem.

            How popular is the Gay Pride Parade in Beirut?

          • 5thDrawer

            I doubt very much that the word ‘popular’ applies anywhere, actually, except for the crowd coming to gawk and hoping to see an actual boob, ass, or dick .. and to get pictures. Most of the ‘celebrants’ are in the parade … and I know THAT is NOT all so-called ‘gay’ people.
            Business folks like it for the money it brings, of course.
            The point is, if a city government allows a parade, and a license for it is paid and everyone stays within the ‘rules’ on it, then no-one should be messing it up – especially by killing people. Don’t enjoy it? Stay away. MANY gays do.

          • 5thDrawer

            Oh, he was born USA – parents had the ‘roots’. He just didn’t like guys kissing in public.
            And yes, I think it plays like contests .. bigger, better, best to date … Newsies eat it up.
            Too bad the gun was an efficient killer war-weapon.
            Too bad the crowd runs to hide from a gun instead of figuring how to take him down fast.
            Country of fear, full of nutbars.

          • Rascal

            I have to agree that this will secure the Trump election. Maybe this is what is needed to combat muslim extremists and Jihadi Joe of all flavors. This is not much different than all the other terrorist attacks, except it happened in the USA. All Omar has managed to achieve is hardship for muslims that will all be lumped together.
            As attacks continue and increase, I am reminded of WW2 USA and Canada. Both countries created concentration camps for their Japanese citizens for security reasons, I see a day when this will return for muslims if the situation gets out of control.

          • 5thDrawer

            On the last bit, I don’t see it happening … we learned that what was done to citizens who happened to be Japanese was totally unjustified, and also done in many cases because someone wanted to steal their property … same as Israelis steal it from Palestinians.
            The ‘concentration camps’ were not set up to kill them … but children raised in those places remember the indignity of that racism. Saying ‘sorry’ later never quite removes it.
            Although the ones who created it are dead by the time the next generation has to say it.
            And to admit some truths.

          • Oh Yaeh

            Make no difference where he was born, his roots will hunt him and the like of him ALWAYS – the muslims cherish this religion(?) so much that it clashes with our society.

            Grocery stores are making millions on the Muslims’ Ramadan – they are fasting during the day (very long days), and consume like pigs when the sun has gone down….

            All that according to Moon Phase as faithful followers of Hubal in Ka’bah.

            Baytullah is a house built for humanity to worship Allah…
            It functions as the Qibla, the direction to which all Muslims pray five times a day.

            How those muslims will pray when the Ka’bah is destroyed?

            Too bad that the americans have a powerful National Rifle Association, they know that
            the gun is an efficient killer war-weapon and Omar Mateen know it too – He has completed a training forensic scientists and a year later he gets a job for the security company G4S…..
            Too bad the crowd has not joined the self-defense course.
            Too bad the crowd has reacted NORMALLY – runs to hide from a gun!

            You arabs love to play the brave, we see it all – and then when it goes wrong you want pity from us, then you’re the war victims.

            Country of brave warriors, full of nutbars.

          • 5thDrawer

            Wow … that Stephen guy is surely an ‘Anti-Semitic’ type. Saudis will castigate him. :-)))

          • Rascal

            Hind, what would it take for you to abandon your Iranian sponsors? Your agenda is quite clear, anti jews, anti saudi, but no anti-Khameneism which are just as evil as the Sauds. You never speak of the equal wrongs of Iran and its contributions to the total wars in the middle-east.
            Islam of all flavors is viewed with contempt in the west be it Wahhabi or your beloved shiites/Khameneism, both are an evil which needs to be addressed and should be lumped together collectively. You as a confessed Christian should understand this as many Christians are also persecuted and suppressed in Iran, albeit not to the same degree as in Saudi Arabia but still a crime against freedom that you seem to enjoy in Canada.

          • Hind Abyad

            I have no ‘beloved’ or ‘agenda’ OK? Zionist trolls invaded YaLibnan to indoctrinate us? We don’t need stupids, yes I’m anti Saudi..funny you should put ‘anti Jews’ next to ‘anti Saudi’.. imbecile

            I had an elderly uncle buried in al Qusayr a Christian town in Homs Christian province of Syria bordering Lebanon, FSA aka MB invaded, desecrated Christian cemeteries and churches. Hezbollah was the only who helped liberate it..get lost, think bout if it were Jewish cemeteries..
            https://www.rt.com/news/syrian-rebels-desecrate-christian-churches-897/

        • Hind Abyad

          Talmud written in the time of Jesus is like Wahhabisme, the most intolerant and extremist religion, have no bearing on the real laws of Western countries.

          “Let us begin with MSA. There is simply no denying that MSA was founded in 1963 in cooperation with the Muslim World League (MWL), a Saudi-Wahhabi organization that has been investigated by global authorities as a terror financier. MSA enjoyed and continues to avail itself of significant funding. Opponents of Wahhabism who are themselves no friends of the U.S., and whose opinions are therefore of interest, have pointed out that MSA has banned criticism of the Saudis and Wahhabis, as well as non-Wahhabi Islamic literature, from its college branches (which exist throughout North America). MSA officially endorsed Wahhabism, and in 1980 produced an edition of the perverse ramblings of Muhammad Ibn abd al-Wahhab, the 18th century founder of the crazed sect..”

          “Wahhabism is totalitarian and MSA’s extreme proclivities continue to be displayed on numerous campuses. Only last year, a significant controversy occurred inside the MSA at Rutgers University over antidemocratic practices imposed on its members”

          But it’s Saudi Arabia Wahhabism that rules in the West.
          Orthodox Jews shave and remove women teeth, women wear head scarves and dentures. Others look like the black garbage bag in Saudi Arabia.

      • 5thDrawer

        I suppose the ‘ornaments and other embellishments’ are not seen in the belly-dancing either – that age-old ‘keep fit’ programme. There’s a few veils there too, after all. (7 specials, in fact)
        And for SURE it’s when a woman opens her mouth to speak that her real ‘beauty’ is exposed.
        The only great option, it seems, is to deny females any right to go out to work in the world, since they may need to open their mouths there, and actually project some information about themselves … but, when stored up in the ‘home’, it could indeed save the male some ‘face’ in that case – if others knew the woman he married was not quite capable of projecting a lovely thought.
        Nevertheless, the concept never caught on for the business world, which really cares not for hidden assets over functionality … pushing it in Europe and in the west doesn’t make anyone there happy with it, so forget it … until the end of the work-week, at least.
        And again, considering the ‘New Age’ NEED ‘created’ to visually identify everyone, perhaps just a ‘new rule’, that on weekends they should keep the mouths shut, would suffice.

        • Rascal

          I would be offended to see black garbage bag walking into a bank or government offices for example, there are certain levels of security that have to infringe on more extreme religious practices, otherwise the inmates will be running the asylum. Also religious identity should be band from any civil service, for example teachers in the west should all remain religion neutral as it infringes on the rights of any students. News flash, the west is not the middle-east. They are free to go to the middle-east if they feel that strongly about their Islamic religion.

          • Hind Abyad

            Coward, why don’t you lecture the settlers barbarians instead of us.
            I don’t go to Jewish Post.
            https://www.youtube.com/watch?v=qdeqXQPW7TM

          • Rascal

            I really don’t care what the jews are up to, maybe the dumb Palis should stop pissing them off. You really have a problem sticking to the news topic. Please stop sabotaging every thread with your intense shiite jew/saudi hate. It is the only thing you ever harp about regardless of what the news topic is. Really dont assume people share every waking moment spreading jew hate, and in case you have not noticed- nobody gives a shiite about the Palis. There are many other more important issues, like, the actual story that you spam every time with zionphobia.

          • 5thDrawer

            You SHOULD worry about what the Settler-Jews do … when a home needs to be surrounded by protective screens and a mother can’t get her kids home from school safely .. when so-called soldiers won’t stop brainwashed kids from throwing stones and hitting people .. in a neighbourhood which used to be safe for the ones living there long before.
            The fat ‘happy-Settler-woman’ crowing about her ‘wonderful view’ sees nothing but what she wants to see … and turns quickly into the racist bitch she is.

          • Rascal

            You may not believe me 5th, but I am not jewish, and as a whole I would always support Israel over the muslims because I am not in favor of their Islamic extremists and guess what, there is so much wrongs and cruelty in the middle-east, one could ponder how a mess this big could ever be made right. Take Lebanon for example, under a Christian majority, and look at it now. How much injustice has been achieved for it to reach it’s current level of dysfunction?
            It is safe to say, there are extremist on all sides, you should side with the lesser of two evils.

          • 5thDrawer

            One for each on this round. 🙂

          • Hind Abyad

            Lebanese Moslems didn’t invite Begin-Sharon to invade it was the Phalangistes.

          • Rudy1947

            Arafat invited himself.

          • Hind Abyad

            I reply in kind, you propagandist gangsters who call the victim
            “dumb palis stop pissing them off”. You disgust me keep away i don’t talk about Jews as you talk about Palestinians.
            You people come here to inspect with an attitude It’s my way or the Highway..will you fk off don’t address me. “Nobody gives a shiite about the Palis” OK. Nobody gives a shitt about Israel. There are many other more important issues like, the actual Zionists crimes that you spam every time with Arabophobia; Hexie drugies dumb Palis Irani.. heh Razki ?

  • Cometofacts

    The purpose of adopting veil that is advised by God Almighty in the Holy Quran does not aim at keeping women in seclusion like prisoners. This is the concept of those who are not acquainted with the correct pattern of Islamic ways. The purpose of these regulations is to restrain men and women from letting their eyes to rove freely and from displaying their good looks and beauties, for therein lies the good both of men and of women. It should be remembered that to restrain one’s looks and to direct them only towards observing that which is permissible is described in Arabic by the expression ‘ghadde basar’, which is the expression employed in the Holy Quran in this context. It does not behoove a pious person who desires to keep his heart pure that he should lift his eyes freely in every direction like an animal. It is necessary that such a one should cultivate the habit of ‘ ghadde basar ‘ in his social life. This is a blessed habit through which his natural impulses would be converted into a high moral quality without interfering with his social needs. This is the quality which is called chastity in Islam.

    Islam provides guidance not only for individuals, but also lays down rules for the good of all society. In this case, the institution of viel or hijab guards the moral condition of society. Muslim women not only have responsibilities as wife, mother and daughter, they also share with men the responsibility of upholding the moral standard of society. The Holy Quran has laid down that one of the methods that men and women are to use to achieve that goal is hijab. It says:

    “Say to the believing men that they restrain their eyes and guard their private parts. That is purer for them. Surely, Allah is well aware of what they do.” (24:31)

    And “Say to the believing women that they restrain their looks and guard their private parts, and that they display not their beauty or their embellishment except that which is apparent thereof, and that they draw their head coverings over their bosoms…..” (24:32)

    From these verses it is made clear that both men and women are to conduct themselves with modesty and propriety at all times, and especially when in each other’s presence. This teaching is based on the fact that Islam recognizes that “prevention is the better part of a cure.” So segregation of the sexes is prescribed so that situations which cannot be controlled afterwards, are not allowed to develop in the first place. In this way, erosion of moral values can be prevented, and society is safeguarded from problems such as adultery, teenage pregnancies and sexually transmitted diseases.

    • Rascal

      ” The purpose of these regulations is to restrain men and women from letting their eyes to rove freely and from displaying their good looks and beauties, for therein lies the good both of men and of women.”
      Women should not be forced to cover up because men can not control their sexual urges. If a man rapes a women it is not the fault of the woman for being attractive, but the fault of the man for being a sexual deviant. Please seek help if you fit into this category.
      The epidemic in Europe of muslim men sexually assaulting women is the fault of the more primitive culture of the muslim men and their sexual conduct and describes an inherent problem with the said culture which needs to be corrected if they wish to remain in western civilization. The rest of your quotes from the Quran are meaningless and have no bearing on civil law in western countries where sexual assault is actually a crime which muslims need to understand. Regardless of which holy rule book they follow, please respect the civil laws of whichever country you may dwell in or face the real laws of man not some archaic scripture that has no bearing of any free country and their civil laws. Please evolve or move to a more intolerant and violent muslim country that mandates unfair treatment of women, so you don’t have to improve your primitive culture.

      • Hind Abyad

        BTW. “88% of Israel’s female Knesset members have been sexually assaulted, harassed”

        • Rudy1947

          Jealous?

          • Hind Abyad

            Pig1947

          • Rudy1947

            Poor baby, can’t let an article go by without a reference to Jews or Israel. Now your are all upset. Tsk tsk.

          • Hind Abyad

            It’s addressed to Rascal; “The epidemic in Europe of muslim men sexually assaulting women is the fault of the more primitive culture of the muslim men and their sexual conduct…blabla in western civilization.”

            You filth call me jealous? The only democrashi in the Middle East: 88% of Israel’s female Knesset members have been sexually assaulted, harassed. yalibnan. June 2, 2016

            Stop spamming posters retard

          • Rudy1947

            It was addressed to you, Hind Abyad, not to anyone else.

          • Hind Abyad

            “Rudy1947 Hind Abyad • 6 hours ago
            Jealous?”
            Stop spamming YaLibnan posters.

    • Oh Yaeh

      The “God Almighty in the Holy Quran” is just for the muslims, we do not follow the Quran and definitely not the Islamic law – Sharia opposed to human legislation.

      Our legislation – is the force of the law that everyone must abide by,
      Belgium is a traditionally Roman Catholic, but secular society. The same goes for the rest of european countries, traditionally christian but secular society.
      Than “freedom of religion is one of the cornerstones of a democratic society”, but that people “may be expected to moderate the exercise of his religion in the workplace”.
      If you don’t like it than you live in the wrong corner of the world.