Teachers reject rule over Muslim girl's uniform

School teachers argue that rules on the uniforms children wear could be thrown into chaos this week by the final law lords judgment in the case of Shabina Begum, who was denied the right to wear full Islamic dress at school.

Appeal Court judges ruled earlier this month that Shabina was unlawfully excluded from school for wearing a traditional Muslim gown.

Denbigh High School, in Luton, Beds, denied Shabina, 16 - now at another school - the right to manifest her religion, Lord Justice Brooke said.

If the judgment made excluding children for refusing on religious grounds to stick to the school uniform unlawful, it would "undermine the authority of schools," headteachers argue.

Denbigh High School in Luton excluded Begum because she refused to give up wearing a Jilbab, or full-length Islamic gown. Begum stopped going to school in 2002 and spent two years at home, before joining another school that allowed her to wear the gown, The Observer wrote.

“We are very concerned. If the judgment goes against the school, this will undermine the authority of schools across the country,” John Dunford, leader of the Association of School and College Leaders, said.

Begum, whose case has been led by Cherie Booth, the Prime Minister's wife, is a victim of prejudice and the school's decision denied her right to an education, lawyers said.

Booth stressed that Begum wasn’t pressured by her family to wear the Jilbab, which the school rejects as not part of the uniform.

“Shabina made her own decision,” she said.

Although Begum won her case, she no longer sought an order from the court that the school took her back and no longer sought any damages.

A spokesperson for Luton borough council was quoted earlier as saying that the council would be developing guidance on school uniform and advising Luton schools' governing bodies to reconsider their uniform policy, bearing in mind religious and cultural needs.

The ruling has been welcomed by the Muslim Council of Britain (MCB) as a "common-sense approach".

“The British Muslim community is a diverse community in terms of the interpretation and understanding of their faith and its practice,” said MCB Secretary-General Iqbal Sacranie.

"Within this broad spectrum those that believe and choose to wear the Jilbab and consider it to be part of their faith requirement for modest attire should be respected."

"The Court of Appeal judgment said the school had lost sight of the individual child," said Jack Rabinowicz, a partner at TSS Law and an expert in education law.

"It said there had been no appreciation of the depth of feeling the child had for her religion."

On the other hand, Julia Thomas, the solicitor from the Children's Legal Centre, a charity that promotes children's rights, said that if the law lords ruled against Begum, this would mean that “some children who do have orthodox beliefs would find themselves unable to attend local school,” as it is a question of modesty:

“It might not be what I want or what you want, but if she is allowed to wear a headscarf, I don't see why it is a big issue that she wanted to cover her legs. The trousers in the shalwar chamise were too tight - this is a dispute over 11 inches of hem.”

Thomas rejected the school's argument that it would single out Muslims because there were already different choices of dress.

“Why is it in a free country I have to fight to wear a dress?” Begum once said.

The team plan to take the case to Europe in case they lose.