To some, Islamophobia is a bad word these days. To others, it is a misnomer. The modern usage of 'phobia' implies an unwarranted fear and they claim Islamophobia is not just warranted, it is prudent. All we need is to look at the degree to which European countries concede to Muslim pressure for this to become evident. In light of this, Americans are struggling between their firm belief in the value of freedom, and fear of intrusion. As Jews, the struggle is more complex, since our opinions on religious freedom in regard to Muslims implicate us as well.
Consider the following two cases:
In one, a Jewish woman from a Hassidic community in New York was arrested for welfare fraud. Her community felt grievously offended when they discovered that she had been forced to remove her wig for the mug shot. According to CBS TV, the town supervisor issued an apology and promised to destroy the photo and promised sensitivity training for officers. The booking officer was not prosecuted since he was acting in accordance with his training.
In the second, Nour Hadid, a Muslim woman from Oreland Park IL, was arrested on the charge of murdering her 2-year-old niece. Nour was forced to remove her hijab, a religious headscarf, for her mug shot and her husband was infuriated, calling it an 'insult to our religion'. The photograph, which was publicized shows, "a bare-headed and obviously emotional Nour appears to be protecting her modesty with her hands" says the Southtown Star News. The police commander said that they were following procedure, and the picture was taken for identification reasons.
It is not surprising that the two police departments responded differently and does not necessarily show a prejudice towards Muslims. It is simply that there is no standard rule in regard to religious issues during a mug shot, and every department has its own code.
In both cases, the issue can be debated either way. Certainly, if a person has been seized in accordance with American Law, their freedoms, and therefore their rights, have been lawfully restricted. But not all. The American Bar Association lists the following in Rights of Arrested Persons, 'Any use of violence against the person in detention, which is not due to the urgent necessity coming from the detainee's conduct and which humiliates his/her dignity is considered a violation of Article III'. Nevertheless, it is unclear if the removal of religious head covering for a mug shot would fall under this category.
Many dismiss the whole discussion as ridiculous, saying that if you want to be treated respectfully, don't get arrested. While they do have a point, they are only so flippant because they don't have an appreciation for the deeply religious values inherent in head covering, and view it as merely religious symbolism. As Jews, our judgment is tempered by our appreciation for modesty and for the humiliation that is experienced by a modest woman if exposed.
While we might side with Mrs. Cohen of Monsey, our sympathies might be blunted in regard to Ms. Hadid. It is natural to sympathize with one of our own kind, but if we are honest, we must recognize that from a legal standpoint there is no difference between the two cases. If it was right for the officers to demand that Ms. Hadid remove her hijab, the same is true for the Jewish woman in Monsey, and vice versa.
The incident of Nour Hadid is an example of the many collisions we are and will have between religious freedom and rising Muslim influence. The comparison between the two cases is an example to us as Jews of the juxtaposition of Judaism and Islam in regard to that freedom.
Do we consider it exaggerated 'religious tolerance' when foot baths are installed in an American university so that Muslim students can wash before prayer? Do we consider it justified when a Muslim police woman is forbidden from wearing a hijab while on duty? Probably. Would we feel the same way if a university instituted vacation on the Jewish New Year, or if a Jewish cop was forbidden to wear a Kippa?
Islamophobia is justified, and now is the time to take steps to prevent those fears from becoming a reality. Still, religious freedom is a precious thing, and we shouldn't be too quick to renounce it for the Muslims, since we could be tightening our own noose. by Chavi Gourarie
