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Islamic veil 

Cultural test

1. Can the category 'culture' (or religion) be used?
Yes. The veil is a type of religious/cultural head covering or cloak that women in certain social contexts use to cover their heads and, in some cases, their faces. Today, the term 'veil' is mainly associated with the use of headgear by women of the Muslim religion.
2. Description of the cultural (or religious) practice and group.
In the various contexts of Islamic countries, women adopt a wide range of garments that serve to cover both the body and the face, making these an integral part of their cultural traditions and religious beliefs. These garments are a fundamental part of Muslim women's identity, and have considerable variations depending on local tradition and individual preferences.
One of the most popular garments is the hijab, a headscarf that covers women's hair and neck, leaving the face uncovered. This garment is widely adopted throughout the Islamic world and often fulfills a minimum form of coverage required by the shari'a for women.
The abaya, on the other hand, is a long dress that wraps the body from head to toe, and is often combined with the niqab, which covers the face, allowing only the eyes to remain visible; this combination of garments is typical of many Islamic communities in the Middle East and North Africa.
In Iran, the chador is a common covering that can be either a veil covering the head or a cloak completely enveloping the body, usually in black.
In Afghanistan, on the other hand, the burqa is known for its distinctive blue colour and includes a kind of shielding for the eyes, completely hiding the women's bodies.
In general, these different garments are worn by Muslim women as an expression of religious devotion, respect for culture and modesty. However, it is important to emphasise that preferences and practices may vary considerably from one place to another and from one person to another, and there is no single dress code of Islam.
 
 
​3. Embedding the individual practice in the broader cultural (or religious) system.
The practice of wearing the veil must be linked to other cultural profiles such as those related to dress standards and the religious system as a whole.
There is a widespread prejudice based on the idea that the wearing of the veil is intrinsic to Islam. However, the wearing of a veil that covers part of a woman's body is a tradition that has existed since before Islam and, of course, is not exclusive to Islam or the countries that follow this religion today. In ancient Rome, for example, this type of garment was worn by women of high social status, or in some contexts in North Africa and the Middle East it was used as protection against wind and sand; only later did it acquire religious significance and was adopted by women belonging to the first community founded by the prophet Muhammad. Today, as is well known, its use is rooted in the religious beliefs and practices, as well as the cultural traditions, of many Islamic communities around the world.
The veil may vary in style and degree of coverage, and these differences reflect both individual preferences and different interpretations of modesty and religious devotion within the various currents of Islam. Indeed, the wearing of the veil is influenced by the cultural context and social norms in a given region or community: in some places the wearing of the veil may be compulsory or highly recommended by religious authorities, while in others it may be more of a personal choice.
It is also important to note that in the Qur'an there is no explicit obligation for women to cover themselves with the veil, but rather it is recommended, for both women and men, to adopt a decorous dress code, preserving modesty and concealing parts of the body considered sacred. This is why it is important, in order to be able to make a correct interpretation, to consider that the motivations that lead one to wear the veil can be very diverse and can include religious, cultural, personal and social/identity factors (e.g. in an immigration context one may choose to wear the veil as a connection to one's roots).
4. Is the practice essential (to the survival of the group), compulsory or optional?
The practice of wearing the veil is not a religious obligation of Islam; it is not part of the five precepts nor is it imposed by the Koran. In those orders such as Iran and Afghanistan that have imposed the wearing of the veil, the choice is not related to religion or culture, but to political regimes.
The practice has a strong identity character, even more so in migratory contexts. This is why it plays a key role in the personal and social identification of individuals and families, and is an indispensable part of the process of identity signification
​5.     Is the practice shared by the group, or is it contested?
The practice is widespread among members of the Muslim religion and accepted, even in migratory contexts, by new generations.
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​6.     How would the average person belonging to that culture (or religion) behave?
In migratory contexts, the wearing of the veil is increasingly left to the discretion of the individual.
​7.     Is the subject sincere?
Since the use of these garments is not forbidden by Italian law, the evaluation of the subject's sincerity with respect to the practice could only be relevant where situations symptomatic of relationships of oppression and domination between men and women emerge, perhaps within the same family group (father/mother/brother-daughter or wife-husband) or in general community. In these contexts, the sincerity to be assessed would relate to several subjects: not only the woman wearing the garment, but also the subject who is suspected of forcing her to wear it.
In this case, however, it would be worth checking:
- the existence of the woman's will/choice to use that garment for certain religious or identity reasons;
- the level of the possible imposition within the family and/or community group, specifically whether it is an attempt to transmit certain cultural values that may generate physiological generational clashes (e.g. imposition on young second-generation immigrants who perceive certain values differently from their parents and wish to conform to the host society) or whether it is a matter of real, dysfunctional relationships of domination that generate oppression of women in other areas of life, in addition to the choice of clothing;
- the intentions of the persons imposing the veil, whether educational with respect to certain values, possibly to be taken into account in the assessment of the concrete case, or merely oppressive and aimed at establishing a climate of prevarication.
8.     The search for the cultural equivalent: the translation of the minority practice into a corresponding (Italian) majority practice. ​
There are various western contexts in which the veil is used: nuns and sisters in Christianity are accustomed to cover their heads with veils of various shapes and colours that also indicate membership of the religious order; in some southern European contexts, including Italy, the tradition persists of using the black veil during funeral ceremonies or on the way to church or as an element of clothing in use by elderly people, particularly in rural areas.
It is also important to point out that according to St Paul's Christian teaching, women should wear the veil as a sign of God's glory, that is, as an outward sign of recognition and submission to the authority of God and the spouses (or parents, as the case may be) and of respect for the presence of the Holy Angels in the Divine Liturgy. The use of the veil according to St Paul is clearly presented as a prescription and not a recommendation as in the case of the Koran.
9.      Does the practice cause harm? ​
The practice causes harm to women if it is not shared by them as it restricts their personal freedom and expression. When wearing these garments is, on the other hand, a choice, it may cause harm to prohibit their use, especially in relation to the religious and cultural meanings they take on in one's value system.
In reality, the ban on wearing these specific garments is likely to cause harm to women in both cases reported: in the case where the woman is the victim of an imposition, the ban could lead the imposing party (family, community, etc.) to directly prevent the woman from participating in public life and relationships, placing her in a state of segregation, marginalisation and isolation; in the case where it is a choice, it would lead the woman herself to a forced choice between wanting to maintain and express values and spirituality in her daily life and at the same time, expressing herself in the society in which she lives. Women might be embarrassed to show themselves without such garments, just as it might be uncomfortable, for example, to have to wear a bikini rather than a burkini to go to the beach.
​10.  What impact does the minority practice have on the culture, constitutional values, and rights of the (Italian) majority?
The perception of majority culture varies depending on the specific garments referred to. In general, however, it must be pointed out that, also due to the evolution of the public and media debate on the subject, there is a common underlying distrust.
The hijab, the chador or even the simple headscarf could be understood as a limitation with respect to the expressiveness of a woman's femininity, because they leave the hair completely covered, which in western culture is very much connoted in this sense, at other times being interpreted as an element of religious fanaticism. One could speak in this regard of a purely aesthetic issue, linked to a different conception of vanity or elegance. With regard to the burqa and niqab, on the other hand, there is more mistrust because these garments are not only associated with forms of oppression of women's bodies, but also sometimes generate fear, due to the fact that they occlude the subjects' faces. This is partly due to the climate of suspicion generated towards the Islamic religion in the aftermath of various terrorist attacks and the spread of Islamic fundamentalism.
Above all, the chador, the niqab and the burqa impact for some on the values of gender equality, the dignity of women and their freedom of self-determination also with regard to the way they dress, as well as, as already mentioned, also involving values such as collective security.
When one starts from the assumption that women are forced to wear them, especially the burqa and niqab represent a condition of discrimination and oppression of women in Muslim culture, or a means to marginalise them from society. When, on the other hand, it is considered that wearing such garments is a woman's choice, then it is interpreted as a lack of will with respect to emancipation, freedom and integration.
The practice would, according to some, impact women's fundamental rights (personal freedom, inviolable individual rights, equality).
Some European countries have, with this in mind and with a view to protecting the value of security, banned the partial or total covering of the face (niqab and burqa) in public spaces (France, Belgium, Bulgaria, with the exception of places of worship; Austria and Denmark); others only in certain public places (such as schools, government offices, hospitals, public transport, courtrooms, etc.; this is the case of Holland, Norway, Luxembourg). This is the case in the Netherlands, Norway and Luxembourg); still others have taken action through the application of local bans (some cantons in Switzerland, Spain and Italy; these have often been local decrees and ordinances that have sometimes been deemed illegitimate); other states have not made any provisions on the subject (this is the case in England and Germany, although here state law requires one to show one's face if one is a civil servant and if one is driving).
In Italy, although various proposals have been made on the subject, there is no law prohibiting the wearing of such clothing. Article 5 of Law No. 152/1975 prohibits the wearing of protective helmets, or any other means likely to make it difficult to recognise a person, in a public place or a place open to the public, without a justified reason, and makes this prohibition absolute on the occasion of events taking place in a public place or a place open to the public, except for those of a sporting nature. At times, this provision has been the subject of exploitation, especially by local authorities, which have, however, been declared illegitimate when they referred to the use of such religious garments (Council of State, Sentence No. 3076/2008). According to this interpretation, the use would be legitimised by the existence of a justified religious motive and, on the other hand, the protection of security realised by the prohibition of use at demonstrations and the obligation for fully veiled women to undergo identification and removal of their veils where necessary.
In spite of this, some regional measures (Veneto and Lombardy), sanction a ban on entering regional public facilities with a covered face.
 
​11.   Does the practice perpetuate patriarchy?
It is well known how the practice is used in some fundamentalist countries to maintain a patriarchal system that keeps women on the margins of society; think of striking examples such as the Iranian or Afghan system. However, these are cases in which the religious element is purposely used as an instrument of power and control not only against women, and above all contexts in which the imposition of certain prohibitions on women in terms of clothing is accompanied by a whole other series of heavy restrictions such as the more serious ones restricting access to education, certain places of entertainment, or the like.
In European and generally Western countries, there may be cases where women are forced to wear these covering garments, perhaps under the influence of their family or community. Again, if adherence to this canon of dress were not voluntary or sincere, this could generate forms of power that facilitate relations of domination between the male and female genders. However, these would always be dysfunctional contexts and also accompanied by other limitations of personal freedom and in this sense easily detectable by observers.
A large number of Muslim women in European states voluntarily and devoutly wear the veil and other forms of religious clothing, lead a life free of oppression and are part of balanced and functional family and emotional relationships. In these cases, the simple choice of a more opaque garment than another, due to a religious sense or simply to different cultural conceptions inherent to a sense of modesty about one's own body, cannot be considered as symptomatic of a lack of self-determination or as a form of oppression.
12.  What good reasons does the minority present for continuing the practice? The criterion of an equally valid life choice.
Being an element with a strong identity character, the use of the veil is seen as a necessary tool to affirm one's contact with one's country and culture of origin. The reasons that prompt its use are, therefore, mainly related to identity affirmation in migratory contexts. Added to this is the religious component for devout Muslim women.

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