R (ON THE APPLICATION OF BEGUM) v HEADTEACHER AND GOVERNORS OF DENBIGH HIGH SCHOOL HL [2006] UKHL 15, [2006] ALL ER (D) 320 (MAR), (APPROVED JUDGMENT)

Abstract

The Jilbab ControversyOn March 22nd 2006, the House of Lords allowed an appeal by the defendant school, Denbigh High School in Luton and ruled that the school’s uniform policy which disallowed a particular variation of Islamic dress - the “jilbab” (a long sleeved floor length loose fitting tunic dress) - did not amount to an interference with the respondent’s right to manifest her religion. Denbigh High School’s, school uniform, for those who were of the Islamic faith was in the form of the “shalwar kameeze” (a tunic and a particular style of shaped trousers). This uniform variation was worn by those Muslim girls who wished to wear it and was also worn by non-Muslim girls of Hindu and Sikh faiths who attended the school. Shabina Begum had attended the school since the age of eleven years and had worn the shalwar kameeze. When she was thirteen she no longer wished to wear the shalwar kameeze, instead she said she wanted to wear a jilbab which she maintained was “the appropriate” dress code for a Muslim woman after puberty. Moreover, she refused to attend school unless she could wear this form of dress.