News

A Quebec judge has reportedly refused to hear a woman's case because she wouldn't remove her hijab. The CBC said it obtained an audio recording of proceedings that occurred in the courtroom of Judge Eliana Marengo on Tuesday (24th February). On the recording, the CBC reports that Rania El-Alloul told the judge she is a Muslim, but Marengo told her she could either remove her headscarf or ask for a postponement in order to consult a lawyer.

Marengo told El-Alloul that hats and sunglasses are not allowed and she didn't see why a hijab is any different. El-Alloul said she couldn't afford a lawyer so the case has been adjourned indefinitely.

According to a story on the CBC's website, El-Alloul was before the court trying to get her car back because it was seized by the Quebec automobile insurance board. In an interview with the CBC, El-Alloul said she couldn't believe what was happening. "I felt that I'm not Canadian anymore," she said. "When I swore by God to be a good Canadian citizen I was wearing my hijab."

Comment

Judge Eliana Marengo is heard telling Rania El-Alloul that the courtroom is a secular place, and that she is not suitably dressed. While Rania El Alloul expresses shock at what happened to her, it is unfortunately becoming a normal occurrence where Muslims are singled out for their ideas which manifest in different forms including the Muslims woman's dress code. Muslim minorities in the West are living in times of acute suffocation for their beliefs and at times it may feel as if nothing will satisfy host states bar leaving ones belief. As we live in a climate where Islam and its symbols are looked at with disdain it is upsetting but to be expected that anyone whether an average fellow citizen or those in positions of authority will show their negativity towards Muslims. This could be outright physical attacks, verbal abuse or making day to day tasks full of unnecessary procedural barriers.

The Western societies struggle with minorities as all apply a secular man-made system and all have inherent flaws including how to deal with every one of their citizens in a fair way. On the one hand, they boast of inclusivity but on the other, they push Muslims to the sidelines. Instead of looking down on Muslims and Islam, they should take lessons from Islamic history which has many amazing example of how minorities were treated.

The non-Muslim citizens of the state were referred to as Ahl al-Dimmah literally meaning "protected person". By giving a head tax, the non-Muslim citizen was afforded the same basic rights of everyone and further given protection of life, property and honor.
Islamic laws related to social and penal matters are equally implemented on all citizens of the Khilafah "Caliphate" state as people are viewed from the human aspect, not on racial, tribal or sectarian basis; this produces a positive and harmonious society where citizenship does not just mean a document and oath taking ceremony. Where there are legal proceedings a Qadi (judge) cannot judge with prejudice and s/he is as accountable as the person standing before them to Allah (swt).

Allah (swt) says:

((لَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا ۚ اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰ ۖ وَاتَّقُوا اللَّـهَ ۚ إِنَّ اللَّـهَ خَبِيرٌ بِمَا تَعْمَلُونَ))

"And let not the enmity and hatred of others make you avoid justice. Be just; that is nearer to piety and fear Allah. Verily Allah is Well-acquainted with what you do". [Surah al Ma'idah: 8]

In the Islamic state the treatment of minorities isn't left to chance and whims of individuals infected by deeply held prejudices but rather taken as a serious amaanah (responsibility).
The Messenger of Allah saw said:

«من آذى ذميا فأنا خصمه، ومن كنت أنا خصمه، خصمته يوم القيامة»

"He who harms a Dhimmi, I am his adversary, and if I am his adversary, I will be against him in the Day of Judgment."
And the Muslim jurist Saha al-Deen al-Qarafi has stated:

"The covenant of protection imposes upon us certain obligations towards the "ahl al-dhimmah". They are our neighbors, under our shelter and protection upon the guarantee of Allah, His Messenger (peace be upon him), and the religion of Islam. Whoever violates these obligations against any one of them by so much as an abusive word, by slandering his reputation, or by doing him some injury or assisting in it, has breached the guarantee of Allah, His Messenger (peace be upon him), and the religion of Islam." (from the book Al-furuq by al-Qarafi.)

Only in the Khilafah "Caliphate" State will we see that the rights of all citizens will extend beyond mere ceremonies and documents. Each citizen will have the right to fair treatment despite their beliefs or background and the state mechanisms as well as the overall atmosphere of society will not tolerate the prejudices as are faced by Muslim minorities in secular states today.

Written for the Central Media Office of Hizb ut Tahrir by
Nazia Rehman - Pakistan