Publication of the week:

PROFESSOR SUSAN EDWARDS

Monday 9 July 2007

Susan Edwards. "Imagining Islam … of meaning and metaphor symbolising the jilbab - R (Begum) v Headteacher and Governors of Denbigh High School", Child & Family Law Quarterly 19.2 (June 2007), 247-268.

This commentary examines the decision of the House of Lords in R (Begum) v Headteacher and Governors of Denbigh High School in which the majority held that Shabina Begum's right to and manifestation of religious belief was not infringed. Professor Edwards considers first whether the current case and the Strasbourg jurisprudence upon which the House of Lords relied interpret the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 in a way that protects or undermines religious freedom.

Secondly, Professor Edwards considers how far and to what extent the principle of "Gillick competence" and the applicant's right to self-determination formed a part of their Lordships' deliberations. Thirdly, she considers to what extent the family dynamics of the applicant were considered by the House. Finally, she considers whether in their understanding of dress code and its application in their imaginings of Islam, the courts too readily accepted evidence that viewed the shalwa kameeze as archetypal of Islamic dress, and also too readily accepted as true the meaning which Ms Begum attached to the jilbab.

At a time when niqabs, jilbabs and hijabs are being discussed and debated it is to be remembered that no cultural sign is fixed in its meaning.

The full text of the article is available on University computers through the LexisLibrary service.

Susan Edwards is a researcher and campaigner with degrees in both law and social sciences, and a barrister (Door Tenant, Clarendon Chambers, Temple, London). She is Professor of Law and Deputy Dean of Law at Buckingham, and editor of the Denning Law Journal.