THE PROBLEM OF SYMBOLS OF THE RELIGIOUS IDENTITY IN THE BORDERLANDS (The Case of Hijab in Bosnia and Herzegovina)

Abstract

A hob of religion circles around the world. Like discussions once focused on communism, nowadays, religion(s) is (are) the focus of discussions, with plenty of controversial views and judgements. One of those discussions is being led about the symbols of religious affiliation that have become current by the expansion of religious pluralism. That issue is particularly current in the borderlands, and Bosnia and Herzegovina is the borderland of different religious cultures.

The cult of hair in Islam. Different religious cultures have different attitudes towards hair (from its coverage to the shaving of heads). Since the 1990s, a tradition of covering Muslim women’s heads has returned to Bosnia and Herzegovina; most often, it refers to the hijab. Differences can be found between a headscarf, niqab, hijab and burqa.

At the beginning of 2016, discussions on wearing a hijab in the courtroom have started. The paper also refers to differences of court practices related to the hijab in some European countries and the USA. There is also the practice of the European court for human rights. A “fear” of hijabs amongst a part of the European intellectuals. The phobia of Islam is born from that “fear”.

The reason for the discussion on hijabs in Bosnia and Herzegovina was the Law on courts and the decision of the High Judicial and Prosecutorial Council (HJPC) to ban female judges from wearing the hijab in court. The stances of male/female believers and Bosniacs of different views, of theologians and of the Islamic community on that issue are presented herein. The paper will also reflect upon the attitudes of lawyers expressed in the above polemics. In the end, solutions will be offered.