Wearing Of Hijab Must To Join Army Is Unconstitutional, Has No Legal Basis

Constitutional, legal, and academic experts have unanimously agreed that the decision issued by Deputy Prime Minister and Minister of Defense Sheikh Hamad Jaber Al-Ali citing conditions for accepting a Kuwaiti woman in the army, including a clause “that she must wear a Hijab,” constitutes discrimination between job applicants and is unconstitutional and has no legal basis.

In an exclusive statement to Al-Qabas, they said the requirement to wear a Hijab by those holding public office contradicts the Kuwaiti constitution, which affirms in many of its articles the protection of personal freedoms, adding that wearing the Hijab is not a legal and constitutional requirement to join the army or any of the public jobs in the state.

They explained a female citizen affected by this particular paragraph and if her application to join the military is rejected because she does not wear the Hijab, can and will challenge the decision in the Constitutional Court.

The experts in this area said we live in a civil state governed by law and the constitution, not fatwa, and imposing a certain dress code on people as a condition for running for public office represents interference and an infringement on personal freedoms.

They asked why the Hijab requirement has been mandatory for Kuwaiti women to be accepted into the army while the same is not applicable to those who join the National Guard and police force.

They also criticized the Ministry of Defense decision which is based on a fatwa from the Fatwa Authority of the Ministry of Awqaf, that the woman joining the army must have approval from the guardian or husband.

They demanded that this decision be retracted before the Constitutional Court cancels it, as it is a flawed decision that is not worthy of the state constitution and the law.

 

SOURCE : TIMESKUWAIT

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