The hijab, a veil worn by some Muslim women in the presence of any male outside of their immediate family, usually covers the head and chest. Some countries have passed laws banning some or all types of hijab in public or in certain types of locales for security reasons. Muslim women are legally required to wear hijab in public in Saudi Arabia and the Indonesian Aceh province, and all women are required to do so in Iran. It is interesting that recently women in Iran expressed their protest by removing the hijab, while in the western countries, where they can choose if they want to wear hijabs, Muslim women protect their right to wear head coverings.
Jamilla Clark, of Cedar Grove, New Jersey, and Arwa Aziz, of Brooklyn were arrested in 2017 for violating bogus protective orders. Clark was arrested for violating a bogus protective order filed by her abusive ex-husband, who had fabricated the charges to secure immigration status as a purported victim of domestic violence. Aziz was arrested for violating a bogus protective order filed by a vindictive sister-in-law. The lawsuit said Aziz felt broken when her picture was taken where a dozen male police officers and more than 30 male inmates could see her. They now sued the city to change the practice of removing religious head coverings when posing for mugshots.
The women and an advocacy group, Turning Point for Women and Families, are seeking class action status with the Manhattan federal court lawsuit. “Requiring a Muslim woman to remove her hijab in public is akin to demanding that a secular person strip naked in front of strangers,” said the lawsuit, which seeks unspecified damages and a declaration that the city’s handling of police photographs is unconstitutional.
The city’s law office said it would review the lawsuit. “But we are confident that the police department’s religious head covering policy passes constitutional muster. It carefully balances the department’s respect for the customs of all religions with the legitimate law enforcement need to take arrest photos,” the office said in a statement. "Persons who do not wish to remove religious head coverings in front of others have the option of being taken to a separate, more private facility to be photographed."
The lawsuit said the police policy violates the First Amendment and federal and state laws.
Recently, three Muslim women have each reached a $60,000 settlement with New York City after they were forced to remove their hijabs to be photographed while in police custody. The settlements involved separate cases claiming that the women’s religious rights had been violated. They were all told to remove their hijabs in public for the needs of the police. The cases are examples of how law enforcement officials, airport security personnel and even some employers have had to address or modify policies and practices to accommodate religious requirements.
The problem is to determine in which cases Muslim women must be forced to remove their head coverings and when their hijabs do not jeopardize further action of the police or any other authority.
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