Social & Political Issues

Why are governments banning the hijab, and what is the Islamic response?

Yasir Qadhi February 15, 2022 Watch on YouTube
hijab banhijab bans Europehijab ban IndiaFrance hijab banIslam and secularism

Quick Answer

Hijab bans across Europe, India, and elsewhere are not really about the hijab itself — they are about the hijab as a visible symbol of Islamic civilization in a clash between religious and secular/colonialist worldviews. France's 2010 niqab ban opened a European floodgate. The pattern traces back to French colonization of Algeria (1830s–1960s), where forced unveiling was used as a tool of subjugation. Muslims living in Western democracies must obey the law while not feeling morally obligated to endorse it. The solution is to assert Islamic identity proudly and civically, invoking the very liberal principles these countries claim to uphold.

Summary of Yasir Qadhi's Position

In a 2022 video (Ask Shaykh YQ #261), Yasir Qadhi delivers an analytical lecture on the wave of hijab bans — specifically in response to India's Karnataka state banning hijab in schools, but placing it in the broader global context.

This is not primarily a fiqh lecture on the ruling of hijab. It is a sociological and historical analysis of why these bans happen and how Muslims should understand and respond to them.


The Scale of the Problem

Almost every European country has passed laws banning the burqa, niqab, or imposing restrictions on the hijab: France (2010), Austria, Belgium, Denmark, Bulgaria, the Netherlands, parts of Germany, Switzerland, Norway, Luxembourg, and more. In France, parliament spent weeks debating a piece of cloth worn by fewer than 1,900 women in a country of 70 million.

This itself tells us: it is not about the hijab. It is about what the hijab represents.

The Colonial Roots: Algeria and France

To understand today, you must go back to French-colonized Algeria (1830–1962). France viewed Algeria as part of France itself — a state, not a colony. The occupation was brutal. One of the tactics used was forcing women to unveil as a demonstration of colonial power.

In 1958, during Algeria's war of independence, French military wives physically unveiled women in public ceremonies. These were staged as "women's liberation" and "empowerment." One activist, Amisian, was pressured to unveil publicly because her brother was being tortured in French jails — the price of his release. The world saw it as liberation. Nobody knew the coercion behind it.

The hijab became a token in this struggle: a symbol of resistance for those fighting colonialism, and a target for those asserting colonial power.

The Intellectual Framework: Franz Fanon

Franz Fanon (1925–1961) — a Martinican psychiatrist sent to Algeria by the French military who joined the resistance and became a founding figure of post-colonial theory — wrote Algeria Unveiled and Black Skin, White Masks. His insight: the colonizer strips the colonized of identity. The colonizer claims to be liberating the veiled woman while forcing her to unveil — committing the very crime (coercion) he accuses Muslim men of. Fanon's works illuminate why the hijab becomes a battlefield: it is the visible marker of civilizational identity.

The Secular vs. Religious Battle

There are two versions of secularism:

For French laïcité, the hijab is intolerable because it refuses the distinction between the private (religious) and public (secular) spheres. A woman in hijab is saying: my Lord is the same at home and in the street. This contradicts the French secular project.

This is why France, more than any other country, has led the legal charge against the hijab.

The Islamic Response

Yasir Qadhi identifies what a Muslim living in the West should do:

  • Obey the law — civil disobedience is not the Islamic approach. We follow the laws of the land even when we morally disagree with them. We follow alcohol laws, same-sex marriage laws, etc. — we comply civilly even if we disagree morally.
  • Do not endorse the morality — following the law does not mean approving of it. American Christians who believe abortion is murder still follow Roe v. Wade while vocally opposing it. Muslims can and must do the same regarding what they consider morally wrong.
  • Assert civic identity — the constitutions of secular democracies (including India's and France's) enshrine freedom of religion. The hijab ban is internally inconsistent with the liberal values these countries claim. Muslims should invoke those very principles in their advocacy.
  • Reject the inferiority complex — the colonial narrative that Muslim women are oppressed by the hijab has been internalized by many in Muslim-majority countries. The notion of "my body, my choice" (meri marzi) as an Islamic feminist slogan is itself a secular humanist import that removes God from the picture. A Muslim believes: to Allah we belong, and to Allah we return — our bodies are not our own to do with as we please without accountability to our Creator.
  • Understand the power dynamics — Muslims are in France largely because France colonized North Africa for 135 years. Britain is full of South Asians largely because of 300 years of colonization of the subcontinent. The anger at Muslim presence is a refusal to acknowledge the colonial history that created that presence.