Tunisian court reinstates veiled teacher
2007-10-10
A Tunisian court has overturned a decision by the Ministry of Education to suspend a public school teacher for wearing a veil at work. Some consider the legal decision an indication of the independence of the country's judiciary.
By Jamel Arfaoui for Magharebia in Tunis – 10/10/07
 [Getty Images] The court struck down the law, saying it gave the state too much power to interfere in personal preferences. |
Tunisian NGO Liberty and Equity announced on Monday (October 8th) that administrative court judge Samia El Bekri issued a ruling last week to end the suspension of a secondary school teacher for her insistence on wearing the veil to work.
El Bekri deemed Circular No. 102, issued in 1986, which prohibits women from wearing the veil, unconstitutional and called upon the Ministry of Education to reinstate the teacher and compensate her both financially and personally. The teacher, Saiida Adali, was suspended by the Ministry under a resolution in accordance with the Circular, issued during Habib Bourguiba's reign. The law was originally intended to minimize the spread of Islamic radicalism stemming from the Iranian revolution. Tunisians made a link between such the revolutionary ideology and the veil – many Tunisians still consider the veil to be divisive and alien to their national tradition.
Commenting on the decision, Chamber of Councillors member Samir Abdallah told Magharebia that "this decision stresses the independence of the Tunisian judiciary, contrary to what is being said by some voices questioning its impartiality." Abdallah referred to the refusal by the Democratic Progressive Party (PDP) last week to deal with the Tunisian judiciary in a real-estate dispute, over which the party's Secretary-General and newspaper director have been on hunger strike since September 20th.
"The administrative court's decision did not surprise me in its boldness and moral courage. We are used to seeing such courage [as] it has previously cancelled several ministerial resolutions," Abdallah said. "From my experience as a lawyer, I was able to see just treatment of litigants who were victims of arbitrary decisions. The recent decision confirms there is no power over the judiciary except the power of law and the judge's conscience."
Khadija Cherif, President of the Democratic Women's Association said, "This decision will not change our attitude concerning the campaign against veil-wearing." She continued, saying "We also stress that our fight is societal and that we refused and still refuse to confront the veil through circulars, regulations and violence. Persuasion and dialogue are our approach."
Administrative court decisions are binding to the executive authority and litigants may execute the judgments passed to their benefit against the government agencies.
In defence of its decision against the Ministry of Education, the court declared that Circular 102 "interferes in personal freedoms, since such dress expresses distinctively cultural, religious and intellectual belonging and reflects personal inclination."
The court also said Circular 102 gives the administration unlimited authority, which threatens basic freedoms including the freedom of religious belief, guaranteed by the constitution, and offers a vehicle to constrain individual rights and freedoms.
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سفيان الشورابي Posted 2007-10-10
I think that the right attitude would be to carry out an awareness raising campaign among young girls to see whether they wear the veil from a personal conviction or whether it was imposed on them, from the recent religious interpretations about wearing it.
BASRAOUI Posted 2007-10-11
In this case, justice plays an accomplice of mediocrity and fanaticism, though in certain countries like Tunisia it should participate in educating the people and bringing them up to par. Poor Tunisia, poor Islam.
HAMZA Posted 2007-10-11
This judge has shown that this is a triumph of justice over the abuses of a humiliating administration. From what I can deduce, this is also a triumph over a stunted political discourse which relies on fabricated declaration and theatrics. Thank you, Madame Judge. If she wants to give a push in support of Tunisia's democratic movement, which is campaigning against Ben Ali’s dictatorship and his mafia, then she has the unconditional support of the PDP supporters who have been on hunger strike since September 20.
nora Posted 2007-10-11
We're very happy that you have shed light on this issue because the hijab is an obligation for all Muslims. May God assist you.
sima Posted 2007-10-12
In the name of God. I’m very happy with this site. The veil is compulsory for every Muslim woman, so why all these grudges? In Islam, we’re all brothers so we have to tackle all issues with delicacy as belief is in the heart and we should abide by it. May God assist you. Salam.
sammy Posted 2007-10-15
everything we had fought for in the past 50 years is gone, the islamist with this judge have won, my country fall in the hand of these retarded judjes and magistrates, wait and see tunisia is fallen in the hands of the arab islamist and shariaa will be imposed to all of us.
mouttaleb Posted 2007-10-16
In response to Hamza- Your judgement is one of the poorest I have seen: you have made yourself into one of the fanatics trying to choke Tunisia! Tunisia does not need people like you, and that includes whatever judges fall under this definition. Take a glance around you and you will see the damage caused by your sort. How can you speak about democracy when you are just another fanatic? And, first of all, try to check your spelling.
Aisha Posted 2007-10-17
I Think it is a shame that in a country like Tunisia Women are not allowed to wear the Hijab in the Work place. If Non muslim countries such as the UK can allow muslim women to wear the full hijab and Head scarve why does the Tunisian goverment find it so difficult? You are denying women their basic Human right and Religious Freedom, wearing a head scarve will not create Fundamentalists. You are more likely to create fundamentalist groups by preventing people from expressing their religious freedom, thus making them create underground groups! Learn from countries such as the UK, it appears that Non muslim countries have given muslims more Religious Freedom than Muslim countries such as Tunisia have. Liberation is about giving people choice!!!!
un tunisien Posted 2007-10-22
Hello, This judge’s decision is courageous. Personally, I think that everyone in Tunisia should be free to dress how they want. If some people want to wear miniskirts and low-cut swimsuits while others wear headscarves over their hair, that is their business. Democracy means the freedom of belief for everyone. I do not see the problem with women working in the administrative positions (or elsewhere) wearing headscarves: the Tunisian state can be and will remain secular if they are not proselytizing at the workplace. This is in no way backsliding on the progress made by Tunisian women or the imposition of some sort of retro gradation; this is the freedom of belief and religion being respected. Moreover, this is also a democratic exercise in the respect of the Tunisian constitution, which guarantees each citizen his/her freedom of religion and protects against discrimination and unfair dismissals from employment. The judge did well in supporting this. We support all the democratic movements under way in Tunisia!!!
Rachid Posted 2008-04-01
They are trying to get us to believe that Tunisia’s democracy is advancing when, if you look at it closer, you are aware that women have no more rights than they did before. What is going on with Tunisian women is tragic. Look at the matter at hand with Miss Sameh Harakati, who, after being unjustly sentenced to eleven years in prison, is now a victim of mistreatment in Manouba Prison in Tunis.
3ayari Posted 2008-06-03
First of all, our sisters in Tunisia are hanging on to their hijabs. And, I was there two weeks ago and there are more and more men who have beards. Therefore, it is not the sisters who want to take it off, but the politicians. A distinction needs to be made between the state and the people.
صالح بوعصبى Posted 2008-06-29
Wearing the veil, as much as it is a personal matter, is mainly an issue of freedom. It is an issue of freedom in the meaning that women can wear it with their full will and consent. Women shouldn’t be coerced under any external influence of any type to wear the veil. The external influence can be from the family or husband. But the question, how can this be know? Moreover, women who wear the veil shouldn’t call upon other women to wear it. In general, we should know that the veil is not a reflection of devotion or nobility or anything associated with the behaviour or values. The dress doesn’t make religious people as the French proverb says. Debating such topics/problems is part of our underdeveloped nature which is only concerned about foams neglecting the important issues.
Myriam Posted 28 days ago
Wearing a veil is a question of mentality, religion, principle and tradition. In Tunisia, women should have the right to wear the veil so that they may be closer to God. Obliging women to wear it or to not wear is taking away their freedom of choice and of thought. Above all else, though, this is defying our religion and our God. Everybody’s freedom begins with the choosing how to live within a community. The right to live with one’s convictions opens the doors of democracy and lifts the veil of suffering off all the Sameh Harakatis in Tunisia.
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