This book adds a new and distinct note to the growing chorus of commentary on legal and political controversies involving religious dress and symbols. The work addresses the specific issue of the wearing of headscarves by Muslim women and the impact of legal prohibitions and obstacles to this practice. Not only does the author have an Islamic perspective; she also brings a profoundly personal one. Elver makes no apology for this, and indeed should not do so. It is rare for any academic analysis to emerge from a sterile vacuum, uncomplicated by either experience or ideology, and this particular text is enriched by a human and intimate understanding of the debates which are discussed.
The book is structured in two parts. After an introduction to the topic, Chapters 2 to 4 consider the Turkish experience, tracing the modern headscarf debate from the 1980s to the present day, the historical roots of the present political crisis and litigation within national and supranational courts, including relevant decisions by the European Court of Human Rights. The second half of the work tackles the global perspective. Chapter 5 examines the general anti-Islamic discourse that emerged following the terrorist atrocities of 11 September 2001, characterised by a drift away from a liberal, multicultural paradigm towards a climate of fear in relation to Islam and an outcry in the popular media against Muslim veiling practices, which increasingly came to be perceived as problematic. Chapters 6, 7 and 8 then consider unfolding legal developments in three national contexts: France, Germany and the United States.
Elver proceeds to her conclusion in Chapter 9. At the heart of her thesis is the injustice of judicial, legislative or administrative decisions excluding women from full participation in society on the basis of what they choose to wear. She highlights the irony of prohibiting religious display in the public sphere, given that the headscarf by its very nature is adopted in order to enable the wearer to enter into the public arena. The logical consequence of outlawing it must be to consign into private space all Muslim women who believe the headscarf to be mandatory when in public, drastically curtailing their educational and employment opportunities.
Elver notes with regret the absence from the public discourse of those whom she cites as the ‘real victims’, the women who themselves choose to adopt the headscarf. She also points towards what she regards as evidence of a double standard, contrasting the Europe-wide outcry against the prohibition of displaying a crucifix in the first Lautsi case with the general acceptance of negative judicial decisions in relation to the wearing of Islamic headscarves. She also raises the question of why non-Islamic symbols of male dominance – such as sex magazines, tight jeans or plastic surgery – are not condemned by society with equal force on the basis of vindicating women's rights.
Overall, the book is an interesting contribution to an ongoing debate. It would not be fair to judge it on the basis of what it does not set out to do; for example, the United Kingdom does not receive detailed analysis because it happens not to be one of the states selected for particular focus. Nevertheless, readers in this jurisdiction will find many insights which are of relevance to the general Western picture and will benefit from learning about other contexts. However, there are places where deliberate omissions by the author limit the scope of the dialogue. Elver is of course entitled to opt not to consider in any detail the relationship between understandings of Islam and democracy, human rights and tolerance; or the place of women within Islam; or the competing societal needs and freedoms weighed against individuals wearing the headscarf in certain settings. In doing so, however, she firmly casts her work as a contribution to a current debate rather than an overview of the same. The volume is not comprehensive and detached enough to function as an introduction to the topic, but that is not a weakness, and Elver's work remains a highly thought-provoking read for scholars interested in this debate.