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Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol - Islam for Muslims (3) - Nairaland

Nairaland Forum / Nairaland / General / Religion / Islam for Muslims / Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol (16120 Views)

Position Of Hijab In Islam / Meaning Of Hijab / Dr. Muti’ah Olaide Refused Entry At Nigerian Embassy In Jeddah Because Of Veil (2) (3) (4)

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Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Mynd44: 2:56am On Dec 16, 2017
Caseless:
Good! Now you're coming out clean instead of hiding under law school rules, you're here as what we think.

I want to discuss this if you can prove your facts and figure.
Lmaooooo.

You see some of us have come to understand that in every society, there are good and bad. There are shitty Musluns and shitty non-Muslins and like Tupac said "I am one black man; I cannot be held responsible for the actions of every black person.

It is ridiculous that you did not attack your friend there who is trying to whip this into a religious fight and whipping up Islamic sentiments and saying this is a fight against Islam as a religion when the former chairman NJC is a Muslim woman and did not find any need to change it.

When I have watch 3 students bounced out of a law class because they were in Hijab and it was not in accordance with the school's dress cod by a Muslim lecturer but then we have our own dissonance.

The day you realise this is about statutes and standards and not about religion, you will make a much better debate opponent but as long you think this is an attack on Islam, you are free to enjoy your own anger (as if that solves anything)

For now, I am not and cannot be part of some pointless back and forth. Let the NLS change their dress code which shoukd be what people fight against but while that silly dress code stays, every law student will have to follow it.
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by anibirelawal(m): 7:17am On Dec 16, 2017
Mynd44:

And the law school has a right to keep its statues over and over.

What you should fight for is a total removal of the silly dress code not make this about Islam Vs NLS cos you will not win
It is a gradual process, if we can win this fight,it may later slide to total removal of the silly dress code.
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by anibirelawal(m): 7:37am On Dec 16, 2017
Mynd44:


See arguments based on emotions are just funny. Do you want non Muslims to raise the issue of thousands of non-Muslims girls in secondary schools in the north who are forced to wear hijabs? Because this is true. They are told if they cannot wear hijab, they cannot register and attend government schols which are funded by funds from the federation account

Do you want the issue of Northern Unis and Polytecnics denying Christians their right to a religion by the school not granting them permission to build churches?

What will you do if schools in Enugu demolish the Mosques and primary and secondary schools in Abia make dressing like nuns compulsry?

Let me put it this way, wearing of hijab is obligatory for a muslima in her everyday life,not occasional.
on my observation, i am yet to see any obligatory dressing code of other religion.
the differences are clear.

2 Likes

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Mynd44: 7:51am On Dec 16, 2017
anibirelawal:

Let me put it this way, wearing of hijab is obligatory for a muslima in her everyday life,not occasional.
on my observation, i am yet to see any obligatory dressing code of other religion.
the differences are clear.
Uncle, you clearly said no one has forced hijabs on people and I told you that it is false. Then you come to say no other religion has a dress code.

The Celestial Church has a dress code and says wearing black is forbidden. If we want to go by that, they cant even go around the call to bar nonsense.

This young lady knew the dress code and still decided to register for law school knowing fully well that Law School is not a right.

Until that dress code is lifted, everyone has to abide by it if not, stay home. But to ask for the rule to change for hijabis is laughable

1 Like 1 Share

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Caseless: 8:52am On Dec 16, 2017
Mynd44:

Them not wearing black does not have to be written in the bible as long as it is written in the tebets of their church and can be verified.

The rest is just bla bla bla.

Ask the law school to remove the uniform totally. But this lady knew the rules, knew what and what it takes to be called to bar, attended 2 law dinner where she did not wear her hijad and suddenly remembered on the last day that she wanted to make a point.

Yeah right
read the judgement cited in the article. Lose sight of her religion, then you'd see she's not "wronged" the laws.

Courts have consistently held that, having regards to chapter 24:30-31 of the Holy Quran, a Muslim female has the unfettered right to wear her hijab anywhere.

The Court of Appeal Ilorin Division in the Unreported case of *THE PROVOST, KWARA STATE COLLEGE OF EDUCATION, ILORIN & 2 ORS VS BASHIRAT SALIU & 2 ORS Appeal No CA/IL/49/2006,
delivered on the 18th day of June, 2009, per Hussein Mukhtar, JCA,held at page 15 – 16 of the lead judgement thus:

“The foregoing verses of the Glorious Qur’an and Hadiths have left no room for doubt on the Islamic Injunction on women’s mode of dress, which is clearly in conformity with not only the Respondent’s veiled dress but also the controversial article J of the 3rd Applicants’ dress code. The use of veil by the respondents, therefore qualifies as a fundamental right under Section 38 (1) of the Constitution”.

The Court of Appeal further held per Massoud AbdulRahman Oredola, JCA at page 2 of the concurrent judgement;

“The right of the Respondents to wear their Hijab, veil within the School campus and INDEED ANYWHERE else is adequately protected under our laws. Human rights recognizes and protects religious rights. Section 38 of the
1999 Constitution of the Federal Republic of Nigeria guaranteed freedom of religion to all and sundry. Thus things that lawfully constitute OPEN MANIFESTATION, PROPAGATION, WORSHIP, TEACHING, PRACTICE AND OBSERVANCE of
the said religion are equally and by extension similarly guaranteed and protected by the Constitution. Indeed the Hijab, Niqab or Burqa, being part and parcel of Islamic code of dressing and by whatever standard a dignified
or vividly decent one cannot be taken away by any other law other than the Constitution”

Just last year, 2016, Justice Falola of the Osun State High Court restated the law as pronounced in the Court of Appeal decision above while delivering judgement in the case of Sheikh Oyinwola & Ors V The Governor of Osun state & Ors SUIT NO. HOS/M.17/2013 delivered on the 3rd of June, 2016. Bound by the time honoured principle of Judicial Precedent, the court held that the use of Islamically prescribed head cover called Hijab by the Muslim Female Students in all Primary and Secondary
Schools in Osun State forms part of their fundamental rights to
freedom of religion, conscience and thought as contained in Section
38 of 1999 Constitution of Federal Republic of Nigeria (as amended) and also declared that Article 8.2(v) of the “Guidelines on Administration
and Discipline in Osun State Public Schools“ issued by the Ministry
of Education prohibiting Muslim females from wearing hijab in public schools is not only discriminatory against Muslim female students but also uncalled for, inconsistent with Section 38 of 1999 Constitution of the Federal Republic of Nigeria and a clear violation of the fundamental rights of Muslim female
students in Public Schools in Osun State to freedom of religion and therefore null, void and of no effect whatsoever.

A month after, A specially constituted panel of the Court of Appeal sitting in Lagos on Thursday, July 21, 2016 unanimously reaffirmed its decision delivered in 2009 at Ilorin, Kwara state Division. It reversed the judgment of a Lagos State High Court in Ikeja which on October 17, 2014 banned the use of hijab in Lagos State public primary and secondary schools.
The appellate declared in a unanimous judgment on Thursday that the ban was discriminatory against Muslim pupils in the state.
It accordingly reinstated the use of hijab in Lagos schools.
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Caseless: 9:07am On Dec 16, 2017
Mynd44:

Lmaooooo.

You see some of us have come to understand that in every society, there are good and bad. There are shitty Musluns and shitty non-Muslins and like Tupac said "I am one black man; I cannot be held responsible for the actions of every black person.

It is ridiculous that you did not attack your friend there who is trying to whip this into a religious fight and whipping up Islamic sentiments and saying this is a fight against Islam as a religion when the former chairman NJC is a Muslim woman and did not find any need to change it.

When I have watch 3 students bounced out of a law class because they were in Hijab and it was not in accordance with the school's dress cod by a Muslim lecturer but then we have our own dissonance.

The day you realise this is about statutes and standards and not about religion, you will make a much better debate opponent but as long you think this is an attack on Islam, you are free to enjoy your own anger (as if that solves anything)

For now, I am not and cannot be part of some pointless back and forth. Let the NLS change their dress code which shoukd be what people fight against but while that silly dress code stays, every law student will have to follow it.
From the beginning, you have been the one citing a religious sect(cele) as your example. I've maintained the law as my guide throughout.
So, a guy telling you about an attack on Islam shouldn't be my issue. He saw you from a religious stance having cited "cele" , how Muslims forced people to wear hijab, if schools in enugu decides to enforce same rule against everyone in public schools, etc, these has shown your standpoint and expect the guy to see you from a bias position. This is not my fault.


Because those 3 students took it, doesn't mean fridaus should. Have you been able to prove she did not wear the hijab at law school?

Be explicit and tell me why a law school rule should be superior to our constitution.

There are good Muslims and there are bad ones - so it is with every religion or organization.

I have not seen this as an attack on Islam, but I don't want to see Christian define how we practice our religion; they should not be in competition with Muslims. And they feel we are doing something Islamic, they should initiate an Episcopal equivalence.

Injustice to one should be seen as injustice everywhere. Not throwing up some religious sentiment.

I do not advance religious argument in my discussion, if do that with me, I find an empty argument in you.


Let's be logical.

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Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by BetaThings: 4:26pm On Dec 16, 2017
princeade86:
very true, buh muslim are taking it to wrong way. And i believe is nt all of them. Av nt see any of their top in d north,teach their daughter to wear hijab by force to everywhere. U can imagine that even at NYSC,dey want to wear it by force. If we allow dis, why nt allow other religions like OSUN, SANGO, EGUN, OBATALA AND IGUNNU worshippers to wear their costume to institutions. Or are they not religions?

Christians have appointed themselves the regulator of religious practice
Tell me anything Christians want that the Muslims have objected to

Christians frown at
- Islamic Banking
- Wearing of Hijab in public schools
- Sukuk

Christians claim that Islamic Banking will give rise to agitation for Sango, Amadioha banking etc
Which one is your own? Let people practise what they want and be happy?
Christians are not ready for democracy. They want to dictate to others
Stay in your own lane

princeade86:
If we allow dis, why nt allow other religions like OSUN, SANGO, EGUN, OBATALA AND IGUNNU worshippers to wear their costume to institutions. Or are they not religions?
Christian and short sighted arguments
So why did you not reject Christmas, Easter Holidays because Amadioha worshippers will ask for holiday
Why did you not reject your universities because there will be Egungun University

2 Likes 1 Share

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by BetaThings: 4:35pm On Dec 16, 2017
Mynd44:

Uncle, you clearly said no one has forced hijabs on people and I told you that it is false. Then you come to say no other religion has a dress code.
Although you have saved me from span bots in the past, I must still say I am disappointed
Is Firdaus forced? Can you prove it?
Let the people forced speak up
However you also need to look at the society. People cane their children, don't they? Is that not force too
And are you saying Covenant does not force people to attend church service?

Mynd44:
The Celestial Church has a dress code and says wearing black is forbidden. If we want to go by that, they cant even go around the call to bar nonsense.
They should speak up
7th Day Adventist got Gowon in his time to scrap Saturday work by government officials
Incidentally Gowon added to the hours worked on Friday

Mynd44:
This young lady knew the dress code and still decided to register for law school knowing fully well that Law School is not a right.

The dress code is obnoxious and should be struck down
Law School is a right to Nigerians who pass the exam
Can JAMB refuse me admission after I pass?

Mynd44:
Until that dress code is lifted, everyone has to abide by it if not, stay home. But to ask for the rule to change for hijabis is laughable
No, until the constitution forbids religious freedom, the dress code is unconstitutional

3 Likes 1 Share

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by BetaThings: 4:41pm On Dec 16, 2017
Ezechinwa:
Muslims like to play the victim card, but you hardly find churches /freedom to worship your God in their countries .

Proof?
If you bring one against Islam, I will bring 5 against Christians

2 Likes

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by BetaThings: 4:46pm On Dec 16, 2017
oyiboeru:
WHY IS IT THAT WHENEVER THE MUSLIMS ARE FIGHTING FOR THEIR CONSTITUTIONAL RIGHTS THAT IS BEING INFRINGE UPON BY ANY INSTITUTION, SOME PEOPLE WILL JUST LIKE TO OPPOSE/CRITICIZE IT, WHEN THEY DON'T EVEN HAVE THE LOCUS STANDI IN THE STRUGGLE. SMH

Nigerians Christians believe in one man, one wife and also
One Nigeria, one religion (Christianity)

1 Like 1 Share

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by udatso: 8:24pm On Dec 16, 2017
Mynd44:

Please this is not about hate but about one person and her fight against he Law school
You have just read how the constitution favours her and you still say this
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by udatso: 8:25pm On Dec 16, 2017
oyiboeru:

IS THE LAW SCHOOL ABOVE NIGERIAN CONSTITUTION?
I tire oooo. Abeg help me ask am
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by udatso: 8:29pm On Dec 16, 2017
olumidazz:
Do you think reverends deacons nuns bababalawos and the rest of them were not called to bar? Did you see any of them wearing their cassock or songo or babalawos regalia or the reverend sister wearing her nuns dress.

The legal proffesion has it place Pls it's either you want to be a lawyer or an imams wife. Pls let's not bring dishonored to the honorable profession.
so the constitution doesn't matter?
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by udatso: 8:31pm On Dec 16, 2017
omokab:
if I may ask you a simple question, is there anybody stopping osun and sango female not to wear their uniform or what their god ask them to wear? For practical purpose you can start wearing it today to know if any authority will stop you. And if they do you have right to sue them to court and am sure you will win the case. Thank you
Nice question. They keep saying that as if Muslims have opposed any set of people fighting for their right
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by udatso: 8:47pm On Dec 16, 2017
Caseless:

Lol...you're becoming more emotional and less factual.

Give us the name of the schools and their locations. The kind of churches we have in our campus, no institution in the south or Christian dominated areas will allow Muslims put up such in their school.

I give you as an assignment, check the whole of southern Nigeria , if there's any mosque occupying the swathe of land chapel and the Catholic Church in A.B.U Zaria are occupying. Check again to see if any mosque of that size has been put up anywhere(they've not allowed this). Go to Kongo campus and you'd see another mighty church there. Go to that same campus and see the mosque.

Have you forgotten in the SW of those days, students with Muslim names were forced to remove it before they could enjoy free education or admitted into the missionary schools? Do you know how many Muslims in such schools were forced to say the Christian prayers and other Christian stuff they recite at the assembly ground?

Sanusi lamido attended a Christian primary school( St. Ann or something) and he was made to be part of everything even as he's a Muslim from an Islamic royal home?

There's no public institution in the Muslim dominated areas(north in this case) that does not have mosques and churches.
There is no government school in the north where Christians are forced to wear hijab. If there is, give names and locations.


You talk as if you have mosques in every institution in enugu or the whole of SE.

I was the Muslim "corper' liaison officer in my LG where I served, for years, Muslims have tried to put up a place to pray and this has been rejected by the locals . This happened in abia state . So many other ugly story from other Corp members who faced worst experience cos they're Muslims.

I've been to every state in the south, and even did my service there, so I know what I'm saying. I won't sit in my room and bring up conjecture just like you're doing.
God will bless you. You have just said it as it is. Couldn't have said it better

1 Like

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Sokovilla(m): 7:39am On Dec 17, 2017
the dis believers during the time of the prophet did all they could to oppose Allah's course but they were defeated 'the dis believers of our time and the hypocrites will face their doom soon.

1 Like

Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Demmzy15(m): 5:21pm On Dec 17, 2017
BetaThings:


Christians have appointed themselves the regulator of religious practice
Tell me anything Christians want that the Muslims have objected to

Christians frown at
- Islamic Banking
- Wearing of Hijab in public schools
- Sukuk

Christians claim that Islamic Banking will give rise to agitation for Sango, Amadioha banking etc
Which one is your own? Let people practise what they want and be happy?
Christians are not ready for democracy. They want to dictate to others
Stay in your own lane


Christian and short sighted arguments
So why did you not reject Christmas, Easter Holidays because Amadioha worshippers will ask for holiday
Why did you not reject your universities because there will be Egungun University
grin grin I love this analogy!
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by mikolo80: 7:10pm On Dec 17, 2017
seguntijan:
BY _O. G. CHUKKOL._

One of the challenges Muslim females are facing is the wearing of hijab. Hijab is a veil they use in covering their body. These challenges are found even in public institutions. The proscription of the use of veils is normally done through rules made in those institutions.

For example there has been complaint that hijab is not allowed in Nigerian Law School, it happened also in Kwara, Lagos, Osun State etc where students were not allowed to wear hijab to schools.

This article seeks to establish that prohibiting Muslim females from wearing veils in public institutions is unconstitutional. Whether the position is the same in private institutions or not is outside the scope of this article.

To clear a preliminary point, I am a Christian and shall by the grace of God die a Christian. This work is based on my little understanding of the law and love for rule of law. The work is also informed by my agreement with the words of Martin Luther King Jr. who once said:

"Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly."

In other words, it is Muslim female facing it today, tomorrow it may be Christians. So, I feel spade should be called a spade.

Let us first examine the basis of the use of hijab by Muslim women. Chapter 24 verse 30-31 of the Glorious Holy Qur'an says:

“... Enjoin believing women to COVER THEIR GAZE and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that THEY SHOULD DRAW THEIR VEILS OVER THEIR BOSOMS AND NOT DISPLAY THEIR BEAUTY except to their husbands, their fathers, their husband’s father, their sons, their husband’s Sons, their brothers or their brother’s Sons or their sisters’ sons or other women, or the slaves whom their right hands possess, ..."

It follows from the verse above that wearing of hijab by Muslim women is a Quranic injunction so a Muslim female is bound to obey it without question.

The next point is whether a Muslim female can capitalize on the provision of Glorious Qur’an to insist that she is entitled to wear Hijab everywhere. The answer is obviously in the affirmative.
Subsection (1) of section 38 of the constitution of the Federal Republic of Nigeria 1999 (2011 as amended), it provides as follows:

"Every person shall be entitled to freedom of thought, conscience and religion...and IN PUBLIC or IN PRIVATE) to MANIFEST AND PROPAGATE his RELIGION or BELIEF in worship, teaching, PRACTICE and OBSERVANCE" (emphasis mine)

The constitution is a ground norm and by section 1(1) & (3) thereof, it is Supreme and binding on all authorities and persons in Nigeria and as well above the ordinary laws of the land. Since the constitution recognizes ones right to manifest ones religion and belief in practice and observance, a Muslim female, being a Nigerian too, has the right to wear her hijab anywhere.

In the case of PDP V CPC (2011) 17 NWLR (pt 1277) 485 at 511 ​it was held;

_“The Constitution of Nigeria is the grundnorm, otherwise known as the basic norm from which all the other laws of the society derive their validity. Each legal norm of the Society derives its validity from basic norm. Any other law that is in conflict with the provision of the Constitution must give way or abate”._

Courts have consistently held that, having regards to chapter 24:30-31 of the Holy Quran, a Muslim female has the unfettered right to wear her hijab anywhere.

The Court of Appeal Ilorin Division in the Unreported case of *THE PROVOST, KWARA STATE COLLEGE OF EDUCATION, ILORIN & 2 ORS VS BASHIRAT SALIU & 2 ORS Appeal No CA/IL/49/2006,
delivered on the 18th day of June, 2009, per Hussein Mukhtar, JCA,held at page 15 – 16 of the lead judgement thus:

“The foregoing verses of the Glorious Qur’an and Hadiths have left no room for doubt on the Islamic Injunction on women’s mode of dress, which is clearly in conformity with not only the Respondent’s veiled dress but also the controversial article J of the 3rd Applicants’ dress code. The use of veil by the respondents, therefore qualifies as a fundamental right under Section 38 (1) of the Constitution”.

The Court of Appeal further held per Massoud AbdulRahman Oredola, JCA at page 2 of the concurrent judgement;

“The right of the Respondents to wear their Hijab, veil within the School campus and INDEED ANYWHERE else is adequately protected under our laws. Human rights recognizes and protects religious rights. Section 38 of the
1999 Constitution of the Federal Republic of Nigeria guaranteed freedom of religion to all and sundry. Thus things that lawfully constitute OPEN MANIFESTATION, PROPAGATION, WORSHIP, TEACHING, PRACTICE AND OBSERVANCE of
the said religion are equally and by extension similarly guaranteed and protected by the Constitution. Indeed the Hijab, Niqab or Burqa, being part and parcel of Islamic code of dressing and by whatever standard a dignified
or vividly decent one cannot be taken away by any other law other than the Constitution”

Just last year, 2016, Justice Falola of the Osun State High Court restated the law as pronounced in the Court of Appeal decision above while delivering judgement in the case of Sheikh Oyinwola & Ors V The Governor of Osun state & Ors SUIT NO. HOS/M.17/2013 delivered on the 3rd of June, 2016. Bound by the time honoured principle of Judicial Precedent, the court held that the use of Islamically prescribed head cover called Hijab by the Muslim Female Students in all Primary and Secondary
Schools in Osun State forms part of their fundamental rights to
freedom of religion, conscience and thought as contained in Section
38 of 1999 Constitution of Federal Republic of Nigeria (as amended) and also declared that Article 8.2(v) of the “Guidelines on Administration
and Discipline in Osun State Public Schools“ issued by the Ministry
of Education prohibiting Muslim females from wearing hijab in public schools is not only discriminatory against Muslim female students but also uncalled for, inconsistent with Section 38 of 1999 Constitution of the Federal Republic of Nigeria and a clear violation of the fundamental rights of Muslim female
so if I form religion that goes about naked then I should be allowed abi
also they don't need to take passport photographs since they're exposing themselves.
common sense
[quote]
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by mikolo80: 7:12pm On Dec 17, 2017
Hashimyussufamao:
A Christian just said this?? Can't must believe!!!
it's called being a professional lawyer.
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by Demmzy15(m): 7:23pm On Dec 17, 2017
mikolo80:

so if I form religion that goes about naked then I should be allowed abi
also they don't need to take passport photographs since they're exposing themselves.
common sense
Go form نه, anybody hold you ni grin
Re: Position Of The Law On The Use Of Hijab/Veil In Public Institutions- O.G Chukkol by mikolo80: 7:25pm On Dec 17, 2017
Demmzy15:
Go form نه, anybody hold you ni grin
touche

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