13 - 19 December 2001
Issue No.564
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Al-Ahram Weekly Online 13 - 19 December 2001 Issue No.564 |
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Should freedom have limits?
As a student wins a court battle giving her the right to wear the niqab on AUC premises, the institution finds itself once again in the midst of a struggle between security regulations and personal freedoms. Soha Abdelaty reports
The American University in Cairo (AUC) has decided to appeal a court decision allowing Iman El-Zainy to use its library facilities while wearing a face cover, or niqab. Much to the surprise of the American institution, the court's ruling on 3 December contended that it is "a matter of personal and religious freedom."
AUC had only recently introduced a policy of banning the wearing of niqab, when the first AUC student, Heba El- Shabrawi, decided to cover her face last year.
Although not an AUC student, but a PhD student at Al-Azhar University, El- Zainy has been permitted to use AUC's library facilities for the past 13 years. When she decided to wear the niqab, security at the gate prevented her from entering university premises. Unlike El- Shabrawi, however, who decided to abide by AUC regulations and take off the niqab, Al-Zainy refused to comply and, instead, filed a lawsuit against the university.
AUC has decided to appeal the court's decision in front of a higher court. In the appeal, AUC lawyers will be referring to a 1994 Ministry of Education regulation prohibiting students wearing the niqab from attending university for security purposes.
With the growing influence of Islamic fundamentalism, the niqab-wearing trend amongst university students has risen. Several universities, including government universities, have issued policies forbidding the niqab for security purposes -- a concern that might be well-founded. In many instances, police have arrested thieves and other suspects using the niqab as a disguise to dodge security officials. There have also been cases of students using the niqab to cheat on exams. The student has a family member or friend wear the full Islamic dress and niqab and sit for tests on their behalf, assured that their identity cannot be revealed.
AUC officials argue that they decided to impose the no-niqab policy for those reasons. "Niqab presents serious security problems for us, and it is not for religious reasons," explained Nagwa Shoeb, AUC's public relations director, to Al-Ahram Weekly. A statement issued by AUC last winter banning niqab on its premises said, "We believe strongly that all members of the AUC community have a basic right to know with whom they are dealing, whether in class, the library, labs, the bathroom or anywhere else on campus. This right extends to all faculty, students, staff and even visitors. We use photo IDs for a reason -- to enable us to identify people by matching the person's face to the picture."
The court's decision can open up a Pandora's box of problems for AUC, since there are students from the AUC community itself who have expressed their desire to wear the niqab. Shabrawi, however, was the only student who decided to challenge AUC and actually wear it. "How can they teach freedom, and then ask me to restrict my personal freedom to dress as I wish. Even if it is not dictated by religion, the issue is still one of personal freedom," she said. When AUC made it clear to her that she had two options, either to take the face cover off or look for another university, Shabrawi removed the niqab. Discouraged by family and friends from filing a lawsuit against the university, she signed a statement obliging her not to wear the niqab at AUC. Shabrawi seems to have worked out a compromise, walking around campus holding up a book or piece of paper to cover her face, revealing only her eyes. Asked by the Weekly whether she would abandon that decision if AUC lost the appeal, Shabrawi answered briefly: "Of course!"
In the meantime, El-Zainy will not be allowed to enter AUC until the court makes its final ruling. What happens if, once again, the court rules in El-Zainy's favour? "We really don't know if we will have any further recourse. For now, we'll just have to wait and see," replied Shoeb.
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