This book makes a refreshing and balanced contribution to an area of legal and social debate which all too often gives rise to more heat than light. Although there is a plethora of literature relating both to controversies around the wearing of religious symbols within public spaces and also to state regulation of female Islamic dress, no volume fills the place of this one.
The book concentrates on one particular (but extremely important) aspect of these broader discussions, namely the legal turbulence generated by both litigation and government policies relating to the wearing of the burqa and niqab. It is distinctive because it focuses exclusively on this issue, rather than considering it as part of a broader discussion.Footnote 1 Furthermore, much of the existing literature which considers the specific question of female Islamic dress and the law, does so from the perspective of a single author.Footnote 2 While this is in no way a criticism of other works, the current volume undoubtedly does benefit from the range of distinguished contributors who have brought various insights and considerations onto the stage. The work which is closest in terms of focus and structure at present is probably The Experiences of Face Veil Wearers in Europe and the Law (edited by Eva Brems).Footnote 3 However, while each volume encompasses both legal and sociological elements, overall the centre of gravity is quite different. The collection edited by Brems leans more towards the experiential and sociological dimension, whereas this book is predominantly legal in its character and emphasis.
The stated intent of the authors is to construct the book around the ‘tension between the conceptual debates and concrete national cases’ (p 2). To this end, the first three chapters tackle the questions from a socio-legal angle, while later chapters move on to examine the contrasting national approaches to be found within the European theatre. Taken together, these central chapters form a fascinating picture of the varying shades and textures of response set within the legal and cultural make-up of twenty-first-century Europe.
Attention then shifts towards methodological issues, before the book closes with a proposal in the form of the ‘Como Charter’, which incorporates pragmatism, humility and moderation in the formulation of public policy and offers a vision for at least the potential to create a unified and hopeful Europe for future generations.
It would be impossible within the space of a book review to discuss all of the individual contributions in a way which did them justice. However, among the highlights is Silvio Ferrari's advocacy of a pragmatic approach, based in part on the European experience of ‘sects’ and ‘new religious movements’. Not only is it valuable to draw upon lessons from the recent past, but it is also welcome to hear an argument repudiating the idea that the current challenges in relation to Islam and Europe are entirely unique, and finding some instructive parallels elsewhere. Adriaan Overbeeke provides a fascinating insight into the Dutch context, which is frequently overlooked, perhaps because restrictions and litigation in that nation have been rare, although current changes to the political landscape may alter this.
The proposal at the close of the book not only gives a sense of coherence in drawing the threads of discussion together but also assists the work as a whole in achieving a positive and constructive character. Rather than simply pointing towards deficiencies and difficulties in many of the legislative and judicial responses to these questions within the European context, or naively putting forward an unworkable and over-simplistic ‘magic bullet’, it offers a flexible template to enable working towards pragmatic solutions to real-world problems.
The book could perhaps have benefited from slightly more material setting the European ‘burqa affair’ in its broader context, both in relation to the global arena and the different ways in which the relevant issues have played out in non-European nations; and also in terms of other, comparable challenges which Europe faces at present – for example, the tension between religious freedom and equalities legislation in spheres such as education, family law and commerce. However, it must be acknowledged that there was no shortage of crucial material to address within the book and incorporating more might have compromised the depth of analysis and clarity of focus, which would have been regrettable.
In summary, this book addresses what remains one of the most active fields in contemporary law and religion scholarship, yet still manages to make a successful contribution which adds to and advances the existing discussion. It is essential reading for anyone with an interest in either the debate surrounding religious symbols in public spaces or the interface between Islam and European legal and political culture. It will also be very helpful to scholars with a more general interest, as many of the issues addressed intersect with other contemporary debates.