Muslim women will be allowed to wear a veil in court under new guidelines issued following a dispute last year.
The Judicial Studies Board's Equal Treatment Advisory Committee examined whether women should be allowed to wear the full facial covering, the niqab.
Decisions should be made on each case and veils should not interfere with the administration of justice, it found.
It follows the adjournment of a case in Stoke-on-Trent, Staffs, after a legal advisor refused to remove her veil.
Judge George Glossop said he was having difficulty hearing legal executive Shabnam Mughal at the immigration court in November.
We respect the right to wear the niqab as part of religious beliefs, although the interests of justice remain paramount Mrs Justice Cox, Committee chairwoman
The guidelines say forcing a woman to choose between her religious identity and taking part in a court case could have a "significant impact on that woman's sense of dignity" and could serve to "exclude and marginalise" her.
Committee chairwoman Mrs Justice Cox said: "We respect the right for Muslim women to choose to wear the niqab as part of their religious beliefs, although the interests of justice remain paramount."
She said a judge may consider taking action to allow a fair hearing for women wearing a niqab and others in proceedings.
The guidelines say if the wearer is a victim it should not be "automatically assumed" that the niqab would create a problem.
"Nor should it ever be assumed without good reason that it is inappropriate for a woman to give evidence in court wearing the full veil."
It is heartening to see the courts base their guidelines on the merits rather than on intolerance and prejudice Massoud Shadjareh, Chairman, Islamic Human Rights Commission
Any request to remove a veil should be considered carefully and be "thoughtful and sensitive" and the courtroom could be cleared of those not involved in the case for her proceed.
Judges should assume female Muslim lawyers are entitled to wear the veil, the guidelines say.
A judge may consider excusing a juror if a challenge is made by one of the parties, providing the objection is genuine.
The Islamic Human Rights Commission said it welcomed the guidelines.
Chairman Massoud Shadjareh, said: "In the climate of Islamophobia we live in, it is heartening to see the courts base their guidelines on the merits rather than on intolerance and prejudice."
I strongly believe that no special favour should be given on religious grounds. That being said, I see no reason why covering ones face while in a court room shuld be a problem, unless you are giving testamony.
Wherever you can wear a veil I should be allowed to wear a ski mask.
format_quote Originally Posted by Muezzin
Why stop there? Why not take away copies of the Torah, the Quran, the Guru Granth Sahib and the Hindu Scriptures whose name escapes me, so that people of those faiths can't swear an oath on them?
Why do that? There is no special favour given by allowing them to swear an oath on their holy books. They each can do so on their own book, and atheists can affirm. There isn't any special favour involved.
Religious tolerance is very important in the court room.
Religious tolerance and special favour to religion are two very different things.
Judges usually make a lot of sense, but I'm biased since I'm studying law.
Judges often make no sense at all. I'm also biased, since I practice law.
Last edited by Pygoscelis; 05-02-2007 at 03:51 AM.
I strongly believe that no special favour should be given on religious grounds
Why stop there? Why not take away copies of the Torah, the Quran, the Guru Granth Sahib and the Hindu Scriptures whose name escapes me, so that people of those faiths can't swear an oath on them? England, after all, is a Christian country, and if you can't swear on the Bible, you can't be trusted, and I don't care what your religion is, I don't make concessions!
Religious tolerance is very important in the court room. Judges usually make a lot of sense, but I'm biased since I'm studying law. Either way, nobody here really has any control over the decision. Ha.
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We respect the right to wear the niqab as part of religious beliefs, although the interests of justice remain paramount
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