Libmonster ID: KG-666
Author(s) of the publication: I. M. MOKHOVA

I. M. MOKHOVA

Candidate of Political Sciences

islam Keywords:Franceburkaidentity

clothing that completely hides the person's face. The main goal of the authors of the law is to ban Muslim women's clothing that covers a woman from head to toe (including the face), which in France is called a burka *1In September 2010, a law was passed in France, which introduces a ban on wearing in all public places.

Data on the number of women wearing the burka, or burqa, in France vary. The General Information Service of the Ministry of Internal Affairs puts the figure at 2,000 women, and according to the Police Department, which also collects information within the country, there are only 367 such women. 2 The last figure is most likely underestimated and does not reflect the real situation. According to the mayor of one of the suburbs of Lyon, women in completely concealing clothing are significantly more numerous in the market alone in the Lyon suburb. On the other hand, even if there are about 2,000 burqa-wearers, the adopted law will affect extremely small social groups.

The initiators of the law are the government and the parliamentary majority led by the right-wing Union for a Popular Movement (SNM)party3. With the coming to power of Nicolas Sarkozy in 2007, who, in his own words, was elected to "protect national identity" 4, the controversy about rethinking French identity and the criteria of belonging to the nation became the center of public and political discussions. In this regard, the right wing of the political elite raised the issue of compatibility of wearing a burka in public places with a number of fundamental principles of the French Republic - the secular nature of the state, equality between men and women and the protection of human dignity.

According to a public opinion poll conducted in early 2010 by the IPSOS survey service, more than half of French citizens (57%) supported the adoption of a law prohibiting the wearing of the burka5 Among supporters of right-wing and extreme-right political parties, this percentage is significantly higher: among supporters of the presidential SND party-69%, among those supporting the far-right National Front (FN) led by Jean-Marie Le Pen-74% .6

Among the left-wingers, who traditionally take a more humane approach to immigration and integration issues, there were more opponents of the law (48%) than its supporters (4b%) 7.

According to another survey conducted by the sociological service TNS-Sofres, 2/3 of the population of Franz-


This article was prepared with the assistance of the Russian Humanitarian Science Foundation. Project " The Globalizing Middle East and Russia's New Role in the Middle East Peace Process after the Caucasus Crisis "(N 09 - 03 - 00711 a / p).

* Among the Muslims of Russia and the former Soviet republics, the terms nykab (Muslim women's headdress covering the face with a narrow slit for the eyes), chadra (a light veil worn by a woman when leaving the house and covering her from head to toe) and burqa (a robe with long false sleeves) are common to refer to various variants of such clothing and a face-covering grid).

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zov called for the introduction of a complete (in all public places) or limited (only in state institutions) ban on wearing the burka8. Despite the fact that the majority (53%) of French people consider the burqa issue as a whole important, about half of respondents (45%) consider it secondary and not worthy of such close attention from the executive and legislative authorities against the background of real problems in the economic and social spheres that have worsened since the beginning of the crisis.9

The French President gave a certain direction to the discussion of the burqa issue, stating that "the burqa has no place in the territory of the French Republic" 10. Addressing the Parliamentary Congress in 2009, Sarkozy said that it was unacceptable in France for women to be "imprisoned behind bars, cut off from all public life, completely devoid of individuality - this is absolutely not the image of the dignity of women that is embodied in the French Republic"11.

In preparation for the adoption of a law prohibiting the wearing of the burqa, on May 11, 2010, the National Assembly (lower house of Parliament) adopted a resolution stating that the purpose of the ban is based on the need to "respect Republican values in the face of the spread of radical practices that threaten them"12.

Having confirmed the discrepancy between the clothing that completely hides a person and republican values, the parliamentarians referred in the text of the resolution to the following documents: the Declaration on the Rights of Man and Citizen, adopted by the Constituent Assembly on August 26, 1789 (in particular, Articles 1 and 4, which state that " people are born and remain free and equal in rights"and that" freedom consists in the ability to do anything that does not harm another"); the preamble to the Constitution of 1946 (which proclaims equality between men and women in all areas of life); the Universal Declaration of Human Rights adopted by the UN General Assembly on December 10, 1948 (in particular, Article 1, proclaiming that that "all human beings are born free and equal in dignity and rights"); the European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted on 4 November 1950 (in particular, article 14 on the prohibition of any discrimination based on sex, race, colour, language, religion or belief). Convention on the Prohibition of All Forms of Discrimination against Women, adopted by the UN General Assembly on December 18, 1979; Charter of Fundamental Rights of the European Union, adopted on December 7, 200013

ARGUMENTS OF SUPPORTERS OF THE BURKA BAN

The arguments of the initiators of the law and their supporters are based on the following statements. First, wearing a burka contradicts the key principles of the French Republic-the principles of secularism of the state and equality. According to the preamble and article 1 of the Constitution, France is a secular, democratic and social State. The State guarantees women equal rights with men in all fields, 14 and promotes equal access for men and women to elected functions, as well as equality in social and professional responsibilities. 15 In this regard, the appearance in a public place of a person in clothing that clearly indicates his religious affiliation violates the principle of secularism. The concealment of the face, which is reserved only for women, clearly indicates the refusal of certain segments of the population to accept equality between the sexes.

Despite the existing political differences between the pro-presidential SND party and its main opponent, the French Socialist Party (FSP), the Socialists generally support the introduction of a ban on face concealment. According to the leader of the Socialist Party M. Aubry, "(Socialists. - I. M.), of course, are against the burka and advocate that it should no longer exist in our country. " 16 This is why the FSP voted in support of the parliamentary Resolution on adherence to republican values in the face of the spread of radical practices that threaten them in May 2010. However, leftists believe that the application of the law banning the burka should be limited to state institutions.

Secondly, the practice of wearing a burqa infringes on the whole society and contradicts the basic principles of co-existence 17 ("vivre ensemble")18. The integrity of society is compromised by the fact that wearing the burqa means strengthening communitarianism 19 and puts a barrier to successful integration (of Muslims 20.

Third, there is a widespread belief in French society that girls and women who wear the Muslim headscarf, especially the burqa, niqab, etc., do so under the pressure of family, "backward" archaic traditions. Such Muslim women are in a subordinate psychological and often financial situation, which forces them to cover their face, head and shoulders (or the whole body) and thus meet the criteria of Muslim morality. It is precisely the concern for the "liberation" of women, the observance of their natural rights and protection from patriarchal oppression that permeates the rhetoric of French politicians fighting for the emancipation of Muslim French women.

Fourth, hiding one's face in public places is symbolic violence, a practice that denies humanistic ideals. A woman wearing a burka is a "mobile prison", " is in a state of imprisonment, exclusion (from society. - I. M.) and is experiencing unbearable humiliation. Thus its very existence is denied"21.

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Fifthly, "imprisonment" under appropriate clothing in public places is a clear violation of the human dignity not only of the individual wearing these clothes, but also of the dignity of all those around them. For wearing a burqa implies that a person sees others as a threat and wants to protect themselves by "refusing any contact, even eye contact." 22

Since the French Revolution, public space has been viewed as a space for free communication, symbolic exchange, circulation of information and ideas, accessible to all, where there is no discrimination on the basis of noble-non-noble, rich-poor, man-woman. Public space is an antonym for the closed, intimate sphere. That is why the burka is incompatible with open space, where there should be no visible secrets.

Sixth, concealment of a person may pose a threat to public safety under certain circumstances. Anyone can hide under such clothing, and it is difficult to establish the identity of a person. This argument is based on Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which stipulates that "freedom to manifest one's religion or belief is subject to the following conditions:.. restrictions that are prescribed by law and are necessary in a democratic society in the interests of public security, for the protection of public order... or to protect the rights and freedoms of others " 23. A terrorist or malefactor, hiding his face under a burka, can move freely to the place of the planned crime and back. Hiding the appearance of a woman (or man) burka seriously complicates the work of law enforcement agencies.

In addition, French public opinion associates the wearing of the burqa with radical Muslim movements and the active dissemination of their ideas. According to Member of Parliament A. Guerin, the initiator of the special Commission established in June 2009 to study the practice of wearing the burka or niqab24 in France, the noticeable spread of this garment indicates the rise of radical Islam in the country over the past 15 years25.

Seventh, burka cannot be a part of French culture and civilization, which has deep Christian roots. This Muslim practice, which is completely alien to modern society and causes a sense of rejection among the majority of French people, is a threat to French identity. According to Sarkozy, one of the distinguishing features of Europeans is that they are hospitable and tolerant towards immigrants with different cultures and traditions, but "they do not want the (European) way of life, way of thinking and attitudes in society to change. Because the feeling of losing one's identity can be a cause of deep suffering. " 26

Despite its irrationality, this argument is often put forward by supporters of the burqa ban to justify their position. Most French people are used to seeing France as a country with a Christian historical heritage and Christian culture. The apparent "intrusion" of the other into "our" public space leads to the desire to preserve the familiar and understandable image of France, protecting it from what Islam symbolizes. Thus, the negative view of the burka is rooted in the rejection and resistance to alien religious and social practices.

ARGUMENTS OF OPPONENTS OF THE BURKA BAN

Opponents of the law base their argument on the fact that, first, it will violate the fundamental rights of French women guaranteed by the Constitution and the European Convention for the Protection of Human Rights and Fundamental Freedoms. First of all, we are talking about the equality of all citizens before the law, regardless of their origin, ethnicity or religion, 27 and the right to freely and publicly profess their religion (i.e., while in public places). Thus, according to article 9 of the Convention mentioned above, " everyone has the right to freedom of thought, conscience and religion; this right includes freedom ...to profess one's religion or beliefs, either individually or in community with others, in public or private, in worship, teaching, and performing religious and religious rites. " 28-

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At the same time, the ban on wearing the burqa in public places will be discriminatory and will run counter to the European Convention and the French Constitution. The law will condemn Muslim women who do not want to remove the burqa to actual imprisonment in the walls of their homes and will not contribute to their emancipation in any way.

Secondly, law enforcement agencies did not record any specific violations on the part of persons wearing a burka. The police also do not mention any facts that make it difficult to perform their work, or difficulties in ensuring public safety created by this category of the population.

In addition, before the adoption of the new law in France, there were already a number of restrictions on wearing a burka and - in a broader interpretation-on concealing the face. Thus, in order to ensure public safety and combat illegal actions, a person does not have the right to conceal his face when checking documents and during identity verification in the framework of procedures provided for by criminal law. The ban on concealing a face also applies to marriage, voting, transfer / meeting of children from school and other educational institutions, and check-in for flights. It was even allowed to introduce a ban on wearing a burka by the internal regulations of an enterprise or organization, if this ban is related to the need to ensure its "normal operation"29.

Third, opponents of the law consider the argument that women wearing burkas symbolize the rise of radical Islam in France to be untenable. The imam of the Paris Cathedral Mosque and the first chairman of the French Council of Muslim Worship, Delilah Boubaker, despite indirectly supporting the bill, still expressed doubt that several hundred women wearing the burka represent a dangerous manifestation of fundamentalism in France.30

Fourth, wearing a burqa in most cases is a voluntary and conscious action. Special police reports state that the majority of women wearing the burqa (mostly women under 30, a quarter of whom were not born Muslim but converted to Islam) wear it based on their religious beliefs and without being forced by relatives.

The argument of these girls and women is based on the fact that wearing a burqa is associated with the desire to live in harmony with their worldview, to observe the norms of behavior approved by the Muslim tradition, and also to preserve their dignity in a depraved and depraved environment, which for them is modern Western, in particular French, society. As a result, part of the Muslim community in France sees the upcoming law as a threat to their religion and way of life.

Fifth, the ban on burqas in all public places cannot be effectively applied in practice. Representatives of the French police, who will bear the main burden of "catching" violators, note that it will be extremely difficult to implement the new law, since in some quarters of Paris and Marseille "forcing women to remove the burqa is tantamount to provoking riots"32.

Along with this, the question arises, how to identify, for example, tourists from the Persian Gulf countries (some also wear a burka) and how to deal with them?

Sixth, according to many observers, the discussion around wearing the burqa and putting forward a bill to Parliament is an artificially created problem. A number of representatives of the opposition left-wing political spectrum, primarily the Socialist Party, as well as representatives of the Muslim community believe that drawing attention to the burqa problem has exclusively political overtones. It is connected with the preparation for the presidential and parliamentary elections in 2012. In their opinion, the right-wing (in particular, the Union for a Popular Movement) specifically resort to the rhetoric of protecting national interests and identity, and for this purpose use negative images and fears associated with Islam.

The" field game " of extreme right-wing political parties aims to attract voters who do not want to see Muslim immigrants and their families on the side of the SND.

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children are part of French society. Similar rhetoric-strengthening immigration controls, fighting illegal immigrants, and strengthening French identity-has already been used in the 2007 election campaign and brought Sarkozy victory in the presidential election, and his party - in the parliamentary one.

According to a representative of the Avignon Association for the Protection of Muslim Women's Rights, " the state and the government decided to unleash this controversy in order to give other citizens the right to be aggressive towards us. They want to turn the French into Islamophobes, scare them into thinking that women in burqas are terrorists."33. Following this logic and inflating a nonexistent problem, the SNA tries to divert attention from pressing problems (economic crisis, unemployment, security problems) and increase your political weight.

Seventh, the right wing of the ruling elite, which advocates restrictive measures, does not want to recognize that France has changed and is no longer a state with a relatively homogeneous ethnic and religious composition of the population. The traditions and way of life associated with Islam are not a temporary phenomenon that needs and can be eradicated, but an integral part of French public life.

France currently has a population of about 65 million people, 34 of whom, according to various estimates, between 3.8 and 6 million practice Islam.35 According to the French Institute for Public Opinion Research (IFOP), the proportion of Muslims in France is 5.8% of the total population, and in regions of their compact residence does not exceed 10% 36.

French Muslims, whether they come from other countries or were born in France, represent all the diversity of the social practice of Islam: from a progressive French Muslim who is no different in terms of religion from his Christian compatriot, to a conservative French woman wearing a burka. Bans like this only create an additional negative background around Muslims and create barriers to non-discriminatory inclusion of the Islamic component in French society.

TWO WAYS OF COEXISTENCE OF ISLAM AND THE REPUBLIC

The analysis of the parties ' positions shows that the supporters of the burka ban clearly lack rational arguments.

Muslim women wear the burqa, as a rule, voluntarily, according to their internal beliefs, and the ban on wearing it will be an obvious encroachment on their rights enshrined in the fundamental regulatory documents. Instead of "equality", "emancipation" and "protection of the dignity of women" (as proponents of the ban say), the law will promote inequality and discrimination, primarily against those women who will be forced not to go out (the law is adopted in the most stringent version and completely prohibits the wearing of burkas in all public places).

In accordance with the existing procedure in France, the draft law was sent to the State Council for consideration 37. After evaluating the draft for compliance with the current legislation, the State Council did not find any legal grounds for introducing a general ban on wearing the burka. In its conclusion, the State Council confirmed the so-called "principle of personal autonomy", according to which everyone has the right to live according to their beliefs and their choice, including subjecting themselves to physical and moral tests, provided that such behavior does not harm others.38

The State Council also noted that the use of the term "burka" in the text of the new law will be contrary to the constitution, because it aims its application against representatives of one of the faiths, who in this case are discriminated against and restricted in their rights. Based on the opinion of the State Council, the authors of the draft law made adjustments to the text, using a more neutral wording instead of banning the burka - a ban on "hiding the face"39.

Despite the statements of supporters of the ban, wearing a burka in a public place has nothing to do with non-compliance with the principle of secularism. Article 1 of the Law on the Separation of Church and State of December 9, 1905 states that the Republic guarantees freedom of conscience and guarantees the free exercise of worship. 40 Article 2 of the law stipulates that the French Republic "does not recognize, maintain, or grant subsidies to any of the cults."41 Thus, the principle of secularism applies only to areas within the competence of the State, in particular, to State institutions and services. That is why civil servants are prohibited from demonstrating their religious affiliation, since the state whose representatives they are is not associated with any of the faiths.

The principle of separation of church and state absolutely does not apply to the sphere of private life, where any citizen is granted and guaranteed a number of freedoms, including freedom of religion. In this regard, even the conclusion of the State Council notes that the principle of secularism "cannot be imposed on the whole society as a whole and (individual - IM) its members" 42.

Despite the legally established and protected freedom of conscience (the 1905 law, the Constitution, international conventions) and despite the essence of the principle of secularism, many French people are convinced that there is an indissoluble link between secularism and all spheres of public life. For historical reasons, secularism has become one of the main features of French identity and a value of society.

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Due to these circumstances, various French political and social forces (both extreme right-wing nationalists and moderates)are involved they advocate limiting the visible presence of Islam precisely in the name of observing the principle of secularism.

As for the rest of the arguments for banning the burka, related to the principles of co-existence, French identity, the fight against communitarianism, and "open" public space, their rationality and validity are questionable, based on the fact that French society (like any other) is not a constant. It is constantly changing under the influence of globalization and technological progress, as well as social trends such as population aging, immigration, convergence of different religions and cultures.

The only weighty argument in favor of banning the burka is the security factor. Therefore, the Government has adapted the draft law so that it does not formally contradict the main provisions of the Constitution and other documents and conventions on the protection of individual freedoms. However, despite these nuances in the wording, the law has an obvious anti-Muslim orientation.

This law, as well as other political or public initiatives aimed at restricting Islamic practices, contradicts the liberal values that make up one of the foundations of French society. If the ruling elite is reconsidering France's commitment to these values and pursuing a policy of "closing" society from the other, then the internal sequence of this course should involve the country's withdrawal from the European Convention for the Protection of Human Rights, as well as amendments to the French constitution (its adaptation to the Christian or at least non-Islamic vision of French identity).

The issue of banning the burqa, despite its controversial and controversial nature, cannot really be put on a par with such problems as stimulating economic growth in times of crisis, fighting unemployment and reducing the national debt, fighting radical Islamist organizations (including their French cells), and the participation of French military personnel in the campaign NATO in Afghanistan. The low relevance of the problem and the weak argumentation base of the supporters of the burka ban (the legal groundlessness and emotional nature of the arguments) indicate the presence of political calculation in their actions. Initiatives aimed at solving the "Islamic problem" are based in modern France on a fairly favorable social background (as shown by public opinion polls given at the beginning of the article) and serve as a convenient way to easily increase the rating of both a political party and a particular politician.

A more interesting approach to the harmonious coexistence of Islam and European values and lifestyle is offered by a number of reputable European Muslim theologians, scientists and philosophers. In particular, the famous Muslim philosopher Tariq Ramadan advocates the internal reform of Islam and the development of European Islam, which implies the rejection of an archaic and conservative interpretation of the Koran. Islamic concepts such as ijtihad43 or Fiqh44 allow Muslims to "master" modernity without coming into conflict with their religion.

According to this approach, the real reform is that Muslims, relying on the spirit of the source, seek and find new answers to modern challenges. While remaining true to Islam and its moral ideals, Muslims can and should change, live in the spirit of the times, develop and strive to accumulate modern knowledge (gradually changing the practice of Islam). Thus, Muslims should make a greater contribution to the development of France through their knowledge and competence, rather than being isolated within their community, distancing themselves from the society in which they live and enjoy the same rights as other citizens.45

* * *

On July 13, 2010, the National Assembly adopted in the first reading by an absolute majority (335 votes in favor, 1 against). A bill banning "face concealment" in all public places 46. Deputies from the left-wing opposition-the Socialist Party, the Green Party and the French Communist Party-decided not to participate in the vote. On September 14, 2010, the bill was approved by the Senate (the upper house of Parliament).

For violation of the law, a fine of about 150 euros is provided. The law requires violators to take mandatory courses on the basics of civil behavior together with a fine or instead of a fine (Article 3). A person who forces a woman to wear a burka risks a year in prison and a fine of 30 thousand euros (Article 4). If such actions are committed against minors, the prison term will be two years, and a fine of 60 thousand rubles. euro 47.


1 Public places are defined as all state and public institutions, streets, transport, etc.

Gabizon Cecilia. 2 Deux mille femmes portent la burqa en France -http://www.lefigaro.fr/actualite-france/2009/09/09/01016-20090909ARTFIG00040-d eux-mille-femmes-portent-la-burqa-en-france-.php

3 Union pour un mouvement populaire (UMP) - the Union for a Popular Movement( UMP), a right-wing party led from 2004 to 2007

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Nicolas Sarkozy. After winning the presidential election, Sarkozy resigned from the post of head of the SNP. In the 2007 parliamentary elections, the SNP won an absolute majority of seats in the National Assembly - 314 out of 577.

4 Cit. by: http://www.lemonde.fr/politique/article/2009/10/28/identite-nationale-marine-le-pen- veut-rencontrer-nicolas-sarkozy_1259596_823448.html

5 http://www.ipsos.fr/CanalIipos/articles/2969.asp

6 Ibidem.

7 Ibid.

8 http://www.tns-sofres.com/points-de-vue/1610ECF407C14AA38CC36E9CBC5FDB8 0.aspx

9 Ibidem.

10 Excerpts from Nicolas Sarkozy's speech to both Houses of Parliament (the so-called Versailles Congress, or the Parliamentary Congress - a joint session of both chambers) on June 22, 2009.- http://www.lepost.fr/article/2009/06/22/1588158Je-congres-de-versailles-en-un-clin- d-oeil.html

11 Ibid.

12 Resolution sur l'attachement au respect des valeurs republicaines face au developpement de pratiques radicales qui у portent atteinte, 11 mai 2010 - http://www.assemblee-nationale.fr/13/ta/ta0459.asp

13 Ibidem.

14 Equality of rights between men and women was first proclaimed in the preamble to the 1946 Constitution. Since then, this right has been an inherent principle of the French Republic. Text of the preamble to the 1946 Constitution - http://mjp.univ-perp.fr/france/pr1946.htm

15 Constitution of the French Republic - http://www.legi-france.gouv.fr/html/constitution/constitution2.htm#titre5

16 Martine Aubry fixe les conditions du PS sur la burqa. Reuters, 11.05.2010 - http://www.lepoint.fr/actualites/2010 - 05 - 11/martine-aubry-fixe-les-conditions-du-ps-sur-la-burqa/1037/0/453397

17 The principle of" co-existence "("vivre ensemble") goes back to the fundamental ideas around which the French nation was formed. According to the well-known expression of the historian and philosopher Ernest Renan, the French nation is based on "a firmly expressed desire (of representatives of various territorial and linguistic communities) to live together ("vivre ensemble") " - See: Renan Ernest. Qu'est-ce qu'une nation? Conference faite en Sorbonne le 11 mars 1882 - http://fr.wikisource.org/wiki/Qu%E2%80%99est-ce_qu%E2%80%99une_nation_%3 F

18 Report of the Minister of Justice M. Aliot-Marie, who presented the bill in Parliament on 19.05.2010 - http://www.assemblee-nationale.fr/13/projets/pl2520.asp

Communitarianism 19 is a concept that originally emerged in the United States in the 1980s and assumed that the individual does not exist independently of cultural, ethnic, religious, and social connections/affiliations. French researcher Claire Schiff notes that " with the weakening of the ability to identify with the national environment and the community of citizens, various processes of localization and delocalization of collective identity among immigrants appear... observed... Rooting of various types of micro-spatial and sub-national identification tied to suburbs, neighborhoods, or cities of residence". See: Schiff K. Space of life and identity in two categories of "immigrant" youth: Polyethnic Societies: Problems of Cultural Differences, Moscow, IV RAS, 2004, vol. 1, p. 72.

According to a common belief in France, the development of communitarianism threatens the integrity of French society and the nation, based on the denial of ethnic, religious, cultural, linguistic differences and on the belonging of all citizens to a single national community.

20 Expose des motifs. Proposition de resolution a la creation d'une commission d'enquete sur la pratique du port de la burqa ou du niqab sur le territoire nationale, N 1725, le 9 juin 2009 - http://www.assemblee-nationale.fr/13/propositions/pion1725.asp

21 Ibidem.

22 Report of the Minister of Justice M. Aliot-Marie...

23 For the Russian version of the Convention, see http://www.echr.coe.int/NR/rdonlyres/6AE69C60 - 8259 - 40F8 - 93AF-8EF6D817C710 / 0/RussianRusse. pdf

24 См.: Expose des motifs. Proposition de resolution...

Gabizon Cecilia. 25 Deux mille femmes portent la burqa en France...

Sarkozy Nicolas. 26 Respecter ceux qui arrivent, respecter ceux qui accueillent // Le Monde, 9.12.09. - http://www.lemonde.fr/opinions/article/2009/12/08/m-sarkozy-respecter-ceux-qui-arri vent-respecter-ceux-qui-accueillent_1277422_3232.html

27 Article 1 of the Constitution of the French Republic...

28 Russian version of the Convention text...

29 Etude relative aux possibilites juridiques d'interdiction du port du voile integral - http://www.conseil-etat.fr/cde/node.php?articleid=2000

Galaud Flore. 30 La burqa, un phenomene marginal en France -http://www.lefigaro.fr/actualite-france/2009/07/30/01016-20090730ARTFIG00202-l a-burqa-un-phenomene-marginal-en-france-.php

31 The majority of burqa-wearing women live in large agglomerations - in the Paris region-Ile-de-France, in the administrative regions of southeastern France-Provence - Alpes-Côte d'Azur (RAS, the administrative capital of Marseille) and Rhone-Alpes (Lyon), as well as in the north of the country. Galaud Flore. La burqa, un phenomene marginal en France...

32 Cit. по: http://ru.euronews.net/2010/05/19/france-edges-towards-islamic-veil-ban/

33 Ibidem.

34 Data from the French National Institute of Statistics and Economic Research - http://www.insee.fr/fr/themes/tableau.asp?reg_id-0&ref_id-NATnon02151

35 Figure 6 million. The imam of the Paris Cathedral Mosque, Delilah Boubaker, calls Muslims (most likely overestimated), perhaps to give more weight to the Muslim community inside the country-Galaud Flore. La burqa, un phenomene marginal en France...

36 http://www.ifop.fr/?option-com_publication&type=publication&id=48

37 The State Council is a body that advises and makes recommendations to the Government (since 2008, also to the Parliament). According to the Constitution, a draft law proposed by the Government must be submitted for consideration to the State Council for compliance with the current legislation. However, the Government is not obliged to follow the opinion of the State Council (except in rare cases provided for by law). If the Government does not comply with the recommendations of the State Council, the Constitutional Council, the body responsible for ensuring that all laws comply with the Constitution, has the right to cancel the adopted law. As a rule, the Government submits a draft law to Parliament after its approval by the State Council and taking into account the comments made.

38 Etude relative aux possibilites juridiques d'interdiction du port du voile integral...

39 Projet de loi interisant la dissimulation du visage dans l'espace publique, 19 mai 2010 - http://www.assemblee-nationale.fr/13/projets/pl2520.asp

40 Loi du 9 decembre 1905 concernant la separation des Eglises et de l'Etat http://www.legifrance.gouv.fr/affichTexte.do7cidTexte-LEGITEXT000 006070169&dateTexte=20080306

41 Ibidem.

42 Etude relative aux possibilites juridiques d'interdiction du port du voile integral...

Ijtihad 43 - "diligence", "great effort". The main goal of ijtihad is to identify and resolve legal issues that arise in the Muslim community due to changes in living conditions, with the natural and inevitable development and complication of the community's life (the emergence of new problems and issues), so that the solutions found both flow from Islam and support it. Ijtihad is a critical and rationalistic modern reading of the sacred text.

Fiqh 44 - Muslim law and jurisprudence developed by Islamic jurists.

45 On the issue of the burqa, despite the fact that T. Ramadan does not consider it a religious obligation for Muslim women and even calls it a "bad choice", he still opposes the ban. In his opinion, the law will be discriminatory. Bans and other restrictions on the expression of religious affiliation will strengthen conservative elements in European Islam, while internal reform can remove existing contradictions and ensure the compatibility of Islam with a modern secular republic.

46 http://www.assemblee-nationale.fr/13/scrutins/jo0595.asp

47 Projet de loi interisant la dissimulation du visage dans l'espace publique. Adopte le 13 juillet 2010 - http://www.assemblee-nationale.fr/13/ta/ta0524.asp


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I. M. MOKHOVA, ISLAM AND THE BURQA PROBLEM IN FRANCE // Bishkek: Library of Kyrgyzstan (LIBRARY.KG). Updated: 13.08.2023. URL: https://library.kg/m/articles/view/-ISLAM-AND-THE-BURQA-PROBLEM-IN-FRANCE (date of access: 22.04.2024).

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