The Global Sociology Blog

Update : I am not sure I made my point clearly, so let me reiterate: I wish there were some procedure to hold accountable men who maintain their wives / daughters in a state of quasi-slavery for religious motives. Imposing a burqa on one’s wife and isolating her from society because of one’s reading of an ancient book is no more compatible with "essential French values" than wearing the bloody burqa.

Let me state this right up front: this is the right decision. I am completely in agreement with this. This story was initially broken by Le Monde, then picked up by others. So what is the story? Let’s summarize.

A 32-year old Moroccan woman, married to a French man with whom she’s had three children (all born in France), has just been refused French citizenship and nationality. The reason? That, "in the name of her radical religious beliefs, she adopted a behavior incompatible with the essential values of the French community, especially, equality between the sexes."

This is the first time that Council of State has used religious practices as a basis to evaluate the capacity to assimilate on the part of a foreign national. Indeed, by law, "capacity to assimilate" is a criterion to accept or deny citizenship. Up until now, only people associated with fundamentalist movements or having made radical statements have been refused French citizenship.

In the case of Faiza M., it is her wearing the burqa and her lifestyle which were used as criteria to confirm her denial of citizenship. Mrs M. has argued that religious freedom is guaranteed by the Constitution and that she has never questioned French values since she arrived in France in 2000. In 2005, after the Courts rejected her application for citizenship, she had appeal and the Council of State has confirmed the lower Courts’ decision, again, for lack of assimilation.

The Goverment Commissionner (the official in charge of offering a legal opinion on behalf of the Council of State) based her legal judgment on interviews with Mrs M. and her husband with social services and the police. Three times, Mrs M. went for the interviews dressed in the burqa (see photo).

The couple willingly acknowledges that they are salafist (one of the most extreme Muslim sects), therefore fundamentalist. Mrs M. also indicated that she started wearing the burqa only when she started living in France, at her husband’s request and that she wears it by habit, not conviction. When she lived in Morocco, she did not wear any veil.

The Government Commissionner stated that "[Mrs M.] lives practically like a recluse, withdrawn from French society. She has no concept of secularism or right to vote. She lives under complete submission to the men of her family and the very idea of contesting such submission does not even come to her mind." These declarations "reveal an absence of adhesion to certain fundamental values of French society."

This decision, of course, is being linked to another one: the annulment of a marriage between Muslim spouses based on the fact that the wife had lied on her virginity (or lack thereof). What this shows is that certain corners of the French Muslim community are testing the limits of French secularism and try to see how far they can push the envelope. I am happy to see that, every time, the legialtive branch has pushed back hard.

Mrs M. has exhausted all legal recourse (the Council of State is highest legislating body in France). Now, if she still wants to become a French citizen, she will have to show that she has assimilated.

And let’s be clear. It is not about religious freedom. Obviously, this family has practiced its religion the way it wants to. It does not mean that a secular state has to validate and reward religious fundamentalism with citizenship. If Mrs M. want to be French, she has to show that. Obviously, she does not live like one nor seems interested in doing so.

Now, of course, any case like this raises the question of agency. Considering her absolute submission, how could Mrs M. question the very oppressive religious structure that has determined her life for the past five years? Could she indeed assimilate even if she wanted to? Would her husband let her?

"Is the burqa incompatible with French citizenship?" asked Le Monde.

No.