Tuesday, September 11, 2012

In response to PDI's article on "Another Zambo school joins veil ban"

By: Warina Sushil A. Jukuy

HIGHLY FALLACIOUS: "UZ says...The wearing of niqab is being banned “not only because of the inconveniences it caused but more so on the matter of security, health and maintenance of academic excellence in our program offerings,” it said..."

COMMENT: inconvenience on matter of security and health? a niqaab is akin to health masks! Inconvenience on matter of academic excellence: how does a niqaab/health mask lead to academic mediocrity? Is this conclusive? A UZ alumna AISA HUSIN is a niqaabi who graduated only this year 2012 and her academic performance is not mediocre at all! An old student ALIYA JAMERI who is enrolled this year is a student who belongs to the top student list of her batch! 

HIGHLY CONTENTIOUS: “It has been observed that the wearing of niqab has created added burden in our security protocol as these students refused to abide by the guidelines,” the statement said. 

COMMENT: 
One: "THESE STUDENTS" how many niqaabis are there really?? 
Have they had experience with NIQAABI STUDENTS WHO REFUSED TO ABIDE BY GUIDELINES? Then, if before THESE STUDENTS "were" admitted then in the next semester THESE STUDENTS-WHO REFUSED-to ABIDE- are DENIED admission thus, therefore, there really is DISCRIMINATION. And UZ is guilty of this. 

TWO: IF UZ DECLARES THAT IT HAS ONLY 3 niqaabi students then how can THREE STUDENTS add burden to their security protocol??? EVEN MALACANANG does not consider Muslim women wearing burqa (nothing is shown as in fully clothed not even the eyes are shown) an added burden to its security protocol! PROOF is when PNOY himself shook the gloved hand of a Muslim woman clad in BURQA. 

HIGHLY CONTENTIOUS: “The checking of the true identity of the person behind the veil every time they get into the campus with special and extra effort by female security guard in an exclusive guard room to see/check on their faces and in every class and examination day in all subjects by the teachers undoubtedly placed our instruction in delay if not in jeopardy,” it added.

COMMENT: How can checking place instruction in delay or even in jeopardy? Even airlines with high security rules are not bothered and do not claim that CHECKING of NIQAABI PASSENGERS have delayed their flights or have placed their flights in jeopardy! SAME THING WITH MALLS and BANKS, no malls have complained that the presence of NIQAABI consumers have placed commercial transactions in DELAY or in JEOPARDY. 

WELL, unless of course the professors and instructors are the ones who are also employed as SECURITY GUARDS in UZ??? Or in the case of malls, banks, and airlines - bank tellers, mall cashiers and airline pilots for that matter are the security guards doing the physical checking themselves!

HIGHLY CONTENTIOUS: UZ claims: "Contrary to Apion’s claim, only three students were affected by the ban, UZ said."

This is what VP for Academic Affairs of UZ, BASHIRUDDIN AJIHIL, claims BUT there were 15 mutanaqqibat initially who wished to re-enroll. Is UZ saying that ATTY APION is lying or issuing false statements????

THE TRUTH IN NUMBERS OF NIQAABI: One backed out in disgust and went home to Tawi-Tawi.

Another, old student ALIYA JAMERI, granddaughter of IIP (Islamic Institute of the Philippines) President, was allowed to enroll after a memo by the late CEO was invoked and upon intercession of her parent/guardian.

Third graduated last April. Two were able to enroll by using health masks without prejudice to their status. This is PROOF that NIQAAB is just a matter of a warped perspective by bigots.

And remaining 10, lobbied for admission pending resolution of case in JUNE 2012 dialogue between and among UZ BOT and NCMF R9a represented by Atty Yaser Apiona as Legal Divison Chief along with HAN (Hijaab-Niqaab Advocacy Network) President Shaykh Zayd Ocfemia plus HAN VP for External Affairs Shaykh Benhar Sali Yusop- were all denied admission by UZ.

Then, by JULY, UZ went to the extreme by posting in its University Bulletin Board pictures of NIQAAB ATTIRE NOT ALLOWED in UZ premises. Security guards insensibly even allowed old students niqaabi entry even if they merely wish to secure or process their transcript of records from UZ.

To Quote from CHR Statement:

"We believe that all students, regardless of their religious beliefs and practices, must have access to schools and universities. Wearing of niqab may be subjected to school rules and regulations so long there is sufficient compelling reason to justify the infringement of where there is necessity to prevent an IMMINENT and GRAVE DANGER to the security adn welfare of the community.

HOWEVER, if the aforestated justifiable grouns are NOT present and established in infringing the right of MUSLIM WOMEN TO WEAR the NIQAB, the same is TANTAMOUNT TO VIOLATION OF THEIR RELIGIOUS FREEDOM. " 
27 July 2012

Signed:
ATTY. FREDERICK IAN S. CAPIN
Regional HEAD, CHR-IX
page 2 0f 2
LEGAL COMMENTARY
On Wearing of Niqab by Muslim Women in Schools



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1 comment:

  1. My erratum:
    Security guards insensibly even "DISallowed or DENIED" old students niqaabi entry even if they merely wish to secure or process their transcript of records from UZ.

    Thanks for posting Gams :) baarakallaahu feek wa jazaakallaahu khayran... the SPAN of your CYBER REACH transcends geographical barriers...Subhanallaah! NgWL

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