Hijab Humanity and Justice: Santa Clara County has settled with Muslim woman Asia Aden, who was distressed when requested to remove her hijab during booking at Elmwood Correctional Facility in Milpitas in October 2022, for $90,000. Asia Aden was represented by CAIR-SFBA, which announced the settlement on Monday.
Asia Aden’s ordeal began when she was booked into the Elmwood Correctional Facility, and deputies from the Santa Clara County Sheriffs Office asked her to remove her hijab for a pat search, citing safety reasons. The hijab was subsequently returned to her when she was released from custody a few days later. This incident caused Aden to feel humiliated and disgraced due to the violation of her religious practice.
In response to this situation, the Council on American-Islamic Relations San Francisco Bay Area Office of the Council (CAIR-SFBA) took up Aden’s case. The outcome of the settlement underscores a move towards justice for Ms. Aden. Furthermore, it has prompted changes in jail policies related to inmate searches and mugshot photogray. These changes aim to strike a balance between safety precautions, such as pat searches,ph and an individual’s right to religious expression.
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Under the revised policies, individuals like Aden would be given the option of undergoing a pat search in private or outside the presence of men. Additionally, they would have the opportunity to have their mugshot taken while wearing their hijab. The updated guidelines also permit individuals to keep their hijab or receive a jail-issued religious covering during their custody stay. This marks a positive shift in ensuring that the constitutional rights of individuals, irrespective of their faith, are protected.
CAIR-SFBA Civil Rights Attorney Jeffrey Wang emphasized the importance of the settlement as a step towards justice for Asia Aden. He urged other municipalities to follow Santa Clara County’s example by reviewing and implementing policies that safeguard everyone’s constitutional rights, regardless of their religious beliefs. The resolution of this case underscores the ongoing need for institutions to respect and accommodate diverse religious practices, particularly in the context of law enforcement procedures.
Our Reader’s Queries
Is wearing hijab human rights?
All individuals in the United States, including Muslim women, have the right to freely express their religious beliefs without facing any form of discrimination or prejudice. This includes the choice to wear headcoverings or not. It is important to respect and uphold the right of Muslim women to practice their religion without any hindrance.
What is the significance of the hijab?
The Hijab, a head scarf worn by women, serves the purpose of covering their hair and neck. It is a symbol of modesty and simplicity in the Islamic faith. The type of Hijab varies depending on the sect of Islam followed.
What do Muslims believe about justice?
For Muslims, justice is a fundamental aspect of their faith. They believe that as God is just, it is their duty as vicegerents of His creation to treat others fairly and ensure that the world operates in a just manner. This responsibility is taken seriously by Muslims, who strive to uphold justice in all aspects of their lives. By doing so, they fulfill their role as representatives of God on earth and contribute to a more equitable society.
What are the consequences of not wearing hijab?
Iranian women who refuse to comply with the mandatory hijab law may face up to a decade in prison, as per the stricter laws that are currently awaiting approval from authorities. The consequences of non-compliance are not limited to individuals alone, as businesses that cater to women without a hijab may also be forced to shut down. These harsh measures have sparked outrage among women’s rights activists, who are fighting for the freedom to choose what they wear.