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Australian Judge Says Witness Cannot Wear Niqab

By Howard M. Friedman

In a widely followed case in Perth, Australia (see prior posting), a District Court judge has ruled that a female witness may not testify wearing a niqab. However the court will consult with the woman's attorneys about other ways to accommodate her concerns about modesty. The defendant in the case, the former director of the Muslim Ladies College, is charged with stealing public funds by artificially inflating the number of students at his school.  He argued that the jury needs to be able to see the face of the witness, identified only as Tasneem, to assess her credibility. WA Today reports today that after the decision, Tasneem issued a lengthy statement which read in part:

I appreciate my request to wear my niqab in court has stirred much public debate, however, I would emphasise that this was not a demand, I merely asked to dress as I normally would in front of people I do not know.....  Like many Australians I believe in God and for me wearing the niqab serves as a constant reminder that I am accountable for my actions. I respect that other women who share my religion do not share this particular belief and that interpretations surrounding Islamic dress standards do differ. Therefore I understand this can be confusing for non-Muslims as they witness varying degrees of cover and I accept the full cover I choose to wear can be confronting to some.... I regret that this case has ignited the debate as to whether the burqa should be banned in Australia. This would be a step backward for Australia and would only further widen the division between Muslim and non-Muslim Australians.

Full post as published by Religion Clause on August 19, 2010 (boomark / email).