20141003-G. H. Schorel-Hlavka O.W.B. To MR Clive Palmer & Jacqui Lambie

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INSPECTOR-RIKATI about the BLACK HOLE in the CONSTITUTION-DVD
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WITHOUT PREJ UDICE
Mr Clive Palmer & Jacqui Lambie 3-10-2014
Admin@PalmerUnited.com & senator.ketter@aph.gov.au
5
Cc: Mr Tony Abbott PM Tony.Abbott.MP@aph.gov.au
Daniel Andrews leader ALP daniel.andrews@parliament.vic.gov.au
Senator George Brandis senator.brandis@aph.gov.au
Senator Julie Bishop senator.bishop@aph.gov.au
Mr Geoff Shaw geoff.shaw@parliament.vic.gov.au 10
Matthew Johnston matthew.johnston@news.com.au
David Hurley david.hurley@news.com.au
George Williams george.williams@unsw.edu.au
Jessdica Marszalek Jessica.marszalek@news.com.au
Bill Shorten Bill.Shorten.MP@aph.gov.au 15
Senator Mine senator.milne@aph.gov.au
Senate president Stephen Parry senator.parry@aph.gov.au
House of Representative Speaker Bronwyn Bishop Bronwyn.Bishop.MP@aph.gov.au

20141003-G. H. Schorel-Hlavka O.W.B. to Mr Clive Palmer & Jacqui Lambie 20

Clive and Jacqui,
as a CONSTITUTIONALIST my concern is always first of all the true
meaning and application of the constitution.
25
Sir Edmund Barton's ideas on Immigrants and being an Australian in 1907.
"In the first place, we should insist that if the immigrant who comes here in good faith becomes an
Australian and assimilates himself to us, he shall be treated on an exact equality with everyone else, for
it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this
is predicated upon the person's becoming in every facet an Australian, and nothing but an Australian. 30
There can be no divided allegiance here. Any man who says he is an Australian, but something else
also, isn't an Australian at all. We have room for but one flag, the Australian flag. We have room for
but one language here, and that is the English language... and we have room for but one sole loyalty
and that is a loyalty to the Australian people."
Edmund Barton, 1907 35

http://en.wikipedia.org/wiki/Burqa
QUOTE
France[edit]
Main article: Islamic scarf controversy in France 40
Wearing the burqa has not been allowed in French public schools since 2004 when it was
judged to be a religious symbol like the Christian cross. This ruling was the application of
an established 1905 law that prohibits students and staff from wearing any clearly visible
religious symbols. The law relates to the time where the secular French state took over
control of most schools from the Catholic Church. It does not apply to private or religious 45
schools. This was followed on 22 June 2009, when the president of France, Nicolas
Sarkozy, said that burqas are "not welcome" in France, commenting that "In our country,
we cannot accept that women be prisoners behind a screen, cut off from all social life,
deprived of all identity".
[21]
The French National Assembly appointed 32 lawmakers from

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right- and left-wing parties to a six-month fact-finding mission to look at ways of
restricting its use.
[22]
On 26 January 2010, the commission reported that access to public
services and public transport should be barred to those wearing the burqa. On Tuesday 13
July 2010 the Assembly overwhelmingly approved a bill banning burqas and niqabs.
[23]

On 14 September 2010, the French Senate overwhelmingly approved a ban on burqas in 5
public, with the law becoming effective beginning on 11 April 2011. When the measure
was sent in May to the parliament they said "Given the damage it produces on those rules
which allow the life in community, ensure the dignity of the person and equality between
sexes, this practice, even if it is voluntary, cannot be tolerated in any public place".
[24][25]

The ban is officially called, 'the bill to forbid concealing one's face in public.' "It refers 10
neither to Islam nor to veils. Officials insist the law against face-covering is not
discriminatory because it would apply to everyone, not just Muslims. They cite a host of
exceptions, including motorcycle helmets, or masks for health reasons, fencing, skiing or
carnivals."
[26]

Belgium[edit] 15
On 29 April 2010, the lower house of parliament in Belgium passed a bill banning any
clothing that would obscure the identity of the wearer in places like parks and in the street.
The proposal was passed without dissent and now goes to the Senate. BBC News estimates
that "Only around 30 women wear this kind of veil in Belgium, out of a Muslim population
of around half a million."
[27]
20
Italy[edit]
In Italy, by an anti-terrorism Law passed in 1975, it is forbidden to wear any dress that
hides the face of a person. In May 2010, it was reported that a Tunisian woman was fined
500 for this offence.
[28]

Netherlands[edit] 25
On 27 January 2012, a law was accepted by the Dutch cabinet, banning any clothing that
would hide the wearer's identity. Fines for wearing a burqa in public could go up to 380
euros.
[29]
In October 2012, this law was mitigated by the succeeding cabinet to pertain only
to public transport, health care, education and government buildings, rather than all public
spaces.
[30]
30
END QUOTE

https://theconversation.com/abbott-intervenes-on-parliament-burqa-segregation- 35
32438?utm_medium=email
QUOTE
2 October 2014, 6.52pm AEST
Abbott intervenes on parliament burqa segregation
Senate president Stephen Parry said people needed to be able to be identified if they caused 40
an incident. AAP/Alan Porritt
Update: Tony Abbott is effectively overruling Speaker Bronwyn Bishop and Senate
president Stephen Parrys decree that would see Muslim women with facial coverings
confined to glass boxes when they observed parliamentary proceedings.

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Concerned at the widespread backlash to the decision Abbott will ask the presiding officers
to rethink it. While it will be couched as a request - the presiding officers have authority
over arrangements for the Parliament - they effectively have little option but to comply.
Earlier: Women with facial coverings will be in glass enclosures if they sit in on
parliamentary proceedings, under changes approved by the Speaker of the House of 5
Representatives and the Senate President.
The decree, which immediately sparked protests, is part of a continuing Parliament House
security crackdown.
Most members of the public observing Parliament are seated in open galleries. The closed
galleries are used for groups of school children. 10
Senate president Stephen Parry said people needed to be able to be identified if they caused
an incident or interjected.
They need to be identified quickly and easily so they can be removed and we need to
know who that person is so they cannot return to the gallery, disguised or otherwise.
Human Rights Commissioner Tim Wilson, who was appointed by the Abbott government 15
to promote a freedom agenda, tweeted that there was no justification for undermining
religious freedom when people had gone through security checkpoints.
Wilson told Sky the change was based on a non-problem. He said in the NSW parliament
people with a religious cover were separately identified by a female officer and could then
go about their business. Deciding what to wear was its own form of free speech, he said. 20
Race Discrimination Commissioner Tim Soutphommasane tweeted that no one should be
treated like a second-class citizen, not least in their own parliament.
Earlier he told the Australian Catholic Bishops conference that the suggestion that the
burqa represented a threat to safety in parliament was odd. People had to pass through a
metal detector. If there was a need for identification of someone wearing a burka or niqab, 25
security could check this without too much drama.
A coercive ban may have the reverse effect to that intended. It may simply increase
cultural tensions and social distrust. It may provide fuel for extremist propaganda and assist
extremists in recruiting disillusioned young Australians to their cause.
Greens leader Christine Milne said on Twitter: Just found out Muslim women wearing 30
facial coverings are to be relegated to part of parliament reserved for rowdy school kids.
Disgraceful.
Independent Andrew Wilkie said the segregation was religious apartheid.
But conservative Liberal senator Cory Bernardi, who has been urging a ban on the burka in
Parliament House, said this was an interim step by the presiding officers and a very prudent 35
one. He said he had seen a group of six people some years ago with their faces covered,
which had started his concern about the issue, and he had later been told by officials that
someone could come into the building wearing a balaclava.
Social Services Minister Kevin Andrews stirred the burqa debate today when he described
the garment as rather medieval and demeaning to women. 40

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A circular from the Department of Parliamentary Services said the presiding officers had
sought advice from security agencies about screening policies relating to identity
coverings.
Whilst these policies are under review and given the large numbers of visitors to
Parliament House, it is prudent to implement an additional layer of security controls, the 5
circular said.
It said that putting those with facial coverings in the enclosed galleries would ensure these
people can continue to enter the chamber galleries, without needing to be identifiable.
From now on photographic identification will be required for the issuing of escorted passes
for all adults visitors to the non-public areas of Parliament House. Security officers would 10
manage any cultural or religious issues relating to this in a sensitive and appropriate
manner. Many outsiders visit these areas, especially when Parliament is sitting, to see
politicians or their staff. Unescorted passes to these areas have already been banned.
The circular said the measures were designed to enhance existing security arrangements.
Please be assured that Parliament House remains open for business. 15
END QUOTE

In my view it is utter and sheer nonsense to argue that it is religious segregation as it is a security
issue and not a religious exercise.
20
https://theconversation.com/abbott-intervenes-on-parliament-burqa-segregation-
32438?utm_medium=email
QUOTE POST 3-10-2014 By G. H. Schorel-Hlavka O.W.B.
As a CONSTITUTIONALIST it should be made clear that a Prime Minister has absolutely no powers within
the Parliament regarding security issues. In the House of Representatives it is the Speaker, and in the Senate 25
it is the President, and for the entire Parliament it are the President and the Speaker combined. The Prime
Minister cannot overrule either one of them as there is a separation of powers where his powers are limited to
governance and the Speaker/President as to the legislative issues and security of the Parliament.
HANSARD 16-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention) 30
QUOTE
Mr. BARTON (New South Wales).-No, there would be no prohibition in that respect. The offices of
Speaker and Chairman of Committees are not offices of profit under the Crown. They are parliamentary
offices, and Parliament has always retained a power over its own Estimates to the extent that really the
Speaker and President of the local Chambers have always exercised a right to submit their own Estimates, 35
and those Estimates, as a rule, as far as I know in practice in my own colony, are altogether untouched by the
Government of the day. Now, these are political offices, but not offices of profit under the Crown. I think that
that is the principle that Parliament has always asserted in England and elsewhere.
END QUOTE
. 40
Hansard 14-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
Australasian Convention)
QUOTE Mr. O'CONNOR:
The very principle of the Federal Constitution is this: that the Constitution is above both Houses of
Parliament. That is the difference between it and our Houses of Parliament now. The Federal Parliament must 45
be above both Houses of Parliament, and they must conform to it, because it is in the charter under which
union takes place, and the guarantee of rights under which union takes place; and, unless you have some
authority for them to interpret [start page 592] that, what guarantee have you for preserving their rights at all.
It is very necessary to insert this provision in the Constitution, because if you do not do that then these
questions are questions of procedure between the two Houses in which undue pressure may be brought to 50
bear at any time on one House or other for the purpose of vetoing a law and doing injustice to the States
represented in that House in the different ways in which the States are represented.
END QUOTE

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HANSARD 8-2-1898 Constitution Convention Debates
QUOTE
Mr. HIGGINS.-I did not say that it took place under this clause, and the honorable member is quite right in 5
saying that it took place under the next clause; but I am trying to point out that laws would be valid if they
had one motive, while they would be invalid if they had another motive.
END QUOTE
.
Commonwealth of Australia Constitution Act 1900 (UK) 10
QUOTE
49 Privileges etc. of Houses
The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the
members and the committees of each House, shall be such as are declared by the Parliament, and until
declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and 15
committees, at the establishment of the Commonwealth.
50 Rules and orders
Each House of the Parliament may make rules and orders with respect to:
(i) the mode in which its powers, privileges, and immunities may be exercised and upheld;
(ii) the order and conduct of its business and proceedings either separately or jointly with the other House. 20
END QUOTE

Hansard 17-4-1897 Constitution Convention Debates (Official Record of the Debates of the National
QUOTE 25
Sir JOSEPH ABBOTT: I am not particular about that, but I think at all events the Federal Parliament ought
to have power to make its own standing orders for the purpose of preventing disorder. When I say this I do
not suppose the Commonwealth Parliament would attempt to exercise control with regard to people out of its
own doors. But within our own dominion we ought to be absolute. If we summon a witness in any of our
local Parliaments to the bar of the House, he can decline to give evidence, laugh at us, and walk away. The 30
case I have just mentioned shows the necessity of Parliament having control over any disorder.
Mr. TRENWITH: Anything to stop them throwing stones at labor members.
Sir JOSEPH ABBOTT: In Victoria they took the matter in a wholesale manner, and passed an Act of
Parliament declaring that the Victorian Legislature had all the powers, privileges, and immunities of the
House of Commons. There was no mincing of matters there, and it was in consequence of the Parliament of 35
Victoria having arrested a man, and it having been decided that they had no power to do so, that they
immediately declared they had all of the powers of the House of Commons. The man, I think, was connected
with Goldsbrough's Company, and named Glass. He did something, and the Parliament arrested him, brought
him to the bar of the House, and it was declared that they had no power to do so. In all the decisions of the
Privy Council in reference to the powers of Parliament, the Privy Council has invariably declared that 40
Parliament has no power outside the very words of the Constitution Act. In the own of Hampton and Fenton,
I think, in Tasmania they had the audacity to tell a great colony like Tasmania that so far as it was concerned
it had no greater powers than a municipality.
Mr. BARTON: The Speaker only had the power of a chairman of a public meeting.
Mr. DOUGLAS: Regarding the case alluded to by the hon. member, I happened to be present when the 45
decision was given. The Privy Council did not declare that the colony had no power, but that any colonial
Government, being under a Statute, would have no power beyond that Statute. The result was that the
Tasmanian Parliament passed a law giving the powers to which the hon. member has made reference.
Sir EDWARD BRADDON: I think that the amendment which the hon. member has proposed must be
considered in connection with clause 8, page 4 of the Bill, which provides: 50
The privileges, immunities, and powers of the Senate and of the House of Representatives respectively, and
of the Committees and the members thereof respectively, shall be such as are from time to time declared by
the Parliament, and until declared shall be those of the Commons House of Parliament of the United
Kingdom, and of the Committees and the members thereof respectively, at the establishment of the
Commonwealth. 55
If the hon. member's amendment is to include the power of punishment it will scarcely be necessary. The
effect of the decision of the Privy Council to which my hon. friend has alluded must be read in connection
with the Constitutions of the several colonies, which were affected at the time of the pronouncement of these
decisions. In New South Wales, and I think in Tasmania, what exists at the present time is a Legislature as
distinct from a Parliament. A Sovereign Parliament has punishing power. A Legislature which is created by 60

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Act of Parliament, and with the equivalent powers conferred upon it, as they are conferred by section 8, has,
in the case of New South Wales and Tasmania, no power except such as can be gathered from the necessary
implication of the words of the Constitution. In the present instance we have passed a clause which states that
the [start page 758] privileges, immunities, and powers of the Federal Parliament shall be those declared by
the Parliament, and until a declaratory Act is passed the privileges, immunities, and powers of the House of 5
Commons will be accepted. The power of punishment exists in the House of Commons, and the same power
would exist in the Parliament of the Commonwealth under clause 8. An outrage committed within the walls
of the Federal Parliament could be punished in the same way as in the House of Commons. If a man ventured
to throw a stone into the Imperial Parliament, though unfortunately the thrower is not always caught, it would
be contempt of Parliament, and that would be a matter to be dealt with by the Commons according to the 10
powers, privileges, and immunities it possesses.
Sir GEORGE TURNER: Has not the House of Commons power to make Standing Orders?
Mr. BARTON: Yes.
Sir GEORGE TURNER: Then where is the necessity for this clause?
Mr. BARTON: The necessity for it does not arise out of the powers of the Standing Orders, which are 15
merely regulations for the conduct of the business within the House, but out of the power of punishment in
cases where contempt is exercised by persons within the walls of Parliament. If, for instance, a person throws
a stone and the Sergeant-at-Arms can catch him he can be brought before the Parliament and can be
imprisoned or dealt with otherwise for contempt. Under the operation of the clause similar action can be
taken by the Federal Parliament, and that goes far enough. It does not require Standing Orders to deal with 20
the powers, privileges, and immunities of Parliament. They exist, and if you made Standing Orders you
would really only limit them. Under the Bill we have taken the powers, privileges, and immunities possessed
by the House of Commons.
Sir JOSEPH ABBOT: Then why do you want clause 49?
Mr. BARTON: I have already explained that, but I will return to it if my hon. friend wishes. I say in the 25
meantime you have already taken the powers, privileges, and immunities of the House of Commons, and
there is no necessity to pass Standing Orders with reference to them. They do not need definition in the
Standing Orders; they are not the subject of definition in the Standing Orders; they are totally different in
their whole circuit to the Standing Orders which relate to the conduct of the business of each House and its
transactions with the other House. That is not a question of the powers, privileges, and immunities of the 30
House of Commons, which exist independently of the Standing Orders. They have a historical application in
the House of Commons, and they can be applied to the Federal Parliament.
Mr. TRENWITH: Could they not make Standing Orders?
Mr. BARTON: The Federal Parliament, of course, will have power to make Standing Orders for the
regulation of its internal business. 35
Mr. TRENWITH: If we adopt clause 49 do we not restrict the power of the Federal Parliament with regard
to any Standing Orders they may make?
Mr. BARTON: No. You do not restrict them because you have the clause in the most general terms. My
hon. friend wishes the clause to read:
The Senate and the House of Representatives may each of them from time to time adopt Standing Orders as 40
they or each may deem to be necessary, and such Standing Orders shall have he force of law.
That is altogether too wide, as the Standing Orders would then have the effect of law outside the House.
Mr. PEACOCK: Hear, hear. That is the point.
Mr. BARTON: It is the point to which I think the hon. member was anxious to come. What we have done is
to adopt a clause giving the Federal Parliament power to pass Standing Orders for the con- [start page 759] 45
duct of their business, and so that there should be no doubt the power has been taken in the widest possible
words. The House of Commons does not make its Standing Orders by reason of its powers, privileges, and
immunities, but by virtue of its inherent powers as a sovereign Parliament. The Standing Orders are for the
internal regulation of the House of Commons, but my friend would like to say that the Federal Houses may
make Standing Orders for any matter it may deem necessary. This would have the effect of passing laws 50
without the royal assent. I ask my friend if the clause as it stands is not sufficient.
END QUOTE
From this is must be clear that a part of the House being able to deal with the conduct of the House it also has
the power to deal with a person who enters the Parliament and causes a disturbance which may or may not
result to interference of the proceedings in as House of the Parliament. 55

Therefore the Speaker and/or the President can require that any person entering the Parliament or either
House of the Parliament shall not have his/her face covered and not wear clothing which undermines the
security of the Parliament.
60

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As much as a helmet may prevent recognition of a person so does the Burqa and other items that covers the
face of a person.

It should also be understood that if some serious event should eventuate and as result one or more persons are
injured or even killed then the Speaker and/or the President can be held liable for failing to have had in place 5
appropriate security matters. It does not require legislation for the banning of any facial cover as the
Speaker/President already have powers to provide for such rules.
http://www.thereligionofpeace.com/index.html#Attacks Some examples: 2014.06.24 Afghanistan, Herat,
Taliban attackers in burqas produce four dead locals. 2014.05.22 Iraq, Baghdad, A suicide bomber dressed in
a burqa takes out six Iraqis. 2014.05.21 Afghanistan, Laghman, Gunmen in full-length burqas open fire 10
on a police checkpoint, killing four officers. Clearly there are examples of men having used burqa's to
commit atrocities and I view the Parliament cannot be left unsecured merely because some people dislike
certain rules, as ultimately the protection of those in the Parliament, including visitors and staff, must be
paramount.
15
For the above stated, I view that any ban on burqa's would not be any religious persecution or other religious
interference as it is for security reasons, as much as anyone else such as a motor cycle rider has to remove
his/her helmet.
END QUOTE POST 3-10-2014
20
HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National
QUOTE Mr. DEAKIN.-
What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the
liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of 25
liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good
government for the whole of the peoples whom it will embrace and unite.
END QUOTE

HANSARD 17-3-1898 Constitution Convention Debates 30
QUOTE
Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the
people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta
for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole
history of the peoples of the world than this question upon which we are about to invite the peoples of 35
Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new
charter is to be given by the people of Australia to themselves.
END QUOTE

http://en.wikipedia.org/wiki/Ihram 40
QUOTE
Ihram
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This is a sub-article of Hajj and Islamic hygienical jurisprudence. 45

Ihram ( irm, from the triconsonantal root -R-M) is, in Islam, a sacred state which
a Muslim must enter in order to perform the major pilgrimage (Hajj) or the minor
pilgrimage (Umrah). A pilgrim must enter into this state before crossing the pilgrimage
boundary, known as Miqat, by performing the cleansing rituals and wearing the prescribed 50
attire.
Contents
1 Restrictions
2 Behaviour and hygiene
3 See also 55

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4 References
5 External links
Restrictions[edit]
A man in the state of Ihram must not tie any knots or wear any stitched items. Sandals and
flip flops must not be stitched either and should allow the ankle and back of foot to be 5
exposed (some other schools of thought also agree that the front of the foot must be shown
as well). Whilst in the state of Ihram, a Muslim must not use any scents on the body or on
the robes. If the robe has been fouled by najas (dirty) material or has been wiped, rubbed or
touched by scented liquids (intentionally), then a new ihram must be worn, or the Umrah or
Hajj may be invalidated. 10
During ihram, women must have their faces uncovered; they are forbidden to wear the
Burqa or Niqab. However, the Hijab or Dupatta is permitted.
[1]
There is also no Gender
segregation during the Hajj. Unlike in mosques, men and women pray together, not just in
the same area but also on the same prayer line. This is to remind everyone that on the Day
of Judgment, both men and women will be standing together, side by side, in the same 15
rows.
[2]

END QUOTE

Much was reported about Osama Bin Laden and his staunch religious views and that women
should be covered by a burqa, just that it seems that in his teenage years this really wasnt an 20
issue then, as shown in the image reproduced below.

ATT00042-Fourteen year-old Osama bin Laden. He's second from the right
25
QUOTE 3-10-2014 EMAIL
Senator Wants to Ban the Burqa
Jim This is one petition I will definitely not support nor sign as I believe the burqa is a
religious tool of control and oppression against Muslim women, instead of the nonsense
written in this petition: 30
To
Today at 11:05 AM

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This is one petition I will definitely not support nor sign as I believe the burqa is a religious
tool of control and oppression against Muslim women, instead of the nonsense written in
this petition: "It is a religious and cultural statement of modesty and piety..." France had
the good sense to outlaw the burqa in its society and I believe Australia should do the
same. 5

Jim

----- Original Message ----- 10
From: Maggie G., Care2 Action Alerts
Sent: Friday, October 03, 2014 3:04 AM
Subject: Senator Wants to Ban the Burqa

15
Care2 subscriber since Aug 15, 2014

action alert!
Australias Senator Jacqui Lambie wants to ban the Islamic body
covering in an unconstitutional and racist proposal.

Dont let Australia discriminate
against Muslim women!

please share
it helps!

Australias conservative and controversial Palmer United Party Senator Jacqui
Lambie has announced plans to introduce a bill banning the burqa in public
places. This blatantly unconstitutional and anti-Islamic proposal would restrict
Australians right to publicly practice their religion, and it will not be tolerated!

Dont let the Australian government consider Lambies racist proposal.

The burqa is a body covering worn widely by Muslim women. It is a religious

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and cultural statement of modesty and piety, but Lambies proposal
misrepresents the religious symbol and propagates an Islamaphobic
stereotype.

The Tasmanian senator recently posted a photo on her Facebook wall of a
woman in a burqa holding a gun with the caption, For security reasons its now
time to ban the burqa which was promptly removed. Lambies bill comes on
the heels of the National Terrorism Public Alert Systems raising of the alert
level to high: terrorist attack is likely.

Take a stand against this hate and fear mongering. Sign Care2 member
Georgina's petition demanding Australia not discriminate against Muslim
women!

Thank you for taking action,

Maggie G.
The Care2 Petitions Team

check your
Butterfly Credits!

Care2 subscriber since Aug 15, 2014

Care2.com, Inc. 5
275 Shoreline Drive, Suite 300
Redwood City, CA 94065
http://www.care2.com
END QUOTE 3-10-2014 EMAIL
10
http://www.smh.com.au/comment/its-a-niqab-not-a-burqa-ban-20141002-10osjh.html
QUOTE
It's a niqab not a burqa ban
Comment
Date 15
October 1, 2014
13 reading now
Comments 66
Read later
Mariam Veiszadeh 20

inShare
submit to reddit 25
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Reprints & permissions

We need to be using the correct terminology for Islamic women's headscarves. Photo: Getty Images 5
As an Australian Muslim woman, I have a few issues regarding the idea of "banning the burqa" in parliament
house.
Firstly, why are we not using the correct terminology? It's called a niqab not a burqa. A burqa is worn in
Afghanistan.
It's incredibly irresponsible to reignite this debate at a time when community tensions are already heightened 10
all over this country. Australian Muslim women, are it seems once again being used as political pawns to
further the Abbott Government's political agenda.
The hysteria is not based on any evidence - Tony Abbott himself has admitted that no one in a full face
covering has sought entry into Parliament House. It's very disappointing to see he has given credibility to the
likes of Senator Jacqui Lambie and Senator Cory Bernardi instead of showing leadership on this issue; but 15
perhaps he sees that there are some extra votes to be gained in that.
Advertisement
I personally find the sight of Tony Abbott in budgie smugglers "confronting" but I would defend his right to wear
them. Given he admits there is no record of the burqa ever being worn into the building, he cautioned against
making a "mountain over a molehill". Yet the government is doing precisely that, conflating the issue by 20
choosing to echo John Howard's sentiments at a time where the social cohesion of this country is already at
serious risk of being irreparably damaged.
In a free and open democracy, people are entitled to their opinions, however unsavoury they may be, but our
leaders who occupy positions of power and responsibility must rise above divisive rhetoric. Instead Abbott
seems content to peddle xenophobic views rather than challenge them. He has failed in this regard on 25
numerous occasions - the infamous "Team Australia" rhetoric is one such recent example. In a free and open
society, women should be entitled to dress as they please.
There's a distinct irony in the suggestion that women who are allegedly forced to wear a face covering should
be forced not to wear it. If the issue is in fact about identification, then women could be asked to remove the
face covering momentarily for identification purposes. But equating the face covering to extremism and 30
violence in the discourse of national security is disingenuous and suggests that it is not about identification.
A ban is potentially unconstitutional and possibly in breach of section 116 of the constitution which states "The
Commonwealth shall not make any law for prohibiting the free exercise of any religion".
A ban of the face covering in Parliament will no doubt lead to it being banned in public - what kind of a secular
democracy dictates to women what they should and shouldn't wear? Given the current climate, Australian 35

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Muslim women are already bearing the brunt of Islamophobia. There has been an escalation of both the
frequency of incidents of racism against Muslims and the level of violence with a 26-year-old Australian Muslim
woman being bashed and pushed from a train, in a vicious and cowardly attack in Melbourne last week.
Everyone in Australian society has an important part to play in ensuring that we do not cause irreparable
damage to social cohesion by engaging in divisive rhetoric and inciting hysteria. That includes 5
parliamentarians.
Mariam Veiszadeh is a lawyer, Welcome to Australia ambassador and founder of Islamophobia
Register Australia.

10
Read more: http://www.smh.com.au/comment/its-a-niqab-not-a-burqa-ban-20141002-
10osjh.html#ixzz3F2kbSPP5
END QUOTE

http://en.wikipedia.org/wiki/Burqa 15
QUOTE
Burqa
Jump to: navigation, search
This article is about the Muslim religious garment. For other uses, see Burka. 20
For the mask covering eyebrows and upper lip used in the United Arab Emirates and
nearby countries (Burqa ), see List of types of
sartorial hijab.

Detail of the head and upper torso portions of a silk burqa 25

Two Afghan women in burqas.
A burqa (Urdu:
), (Arabic pronunciation: [brq, brq]

a
(also transliterated burkha,
bourkha, burka or burqu' from Arabic: burqu or burqa), also known as chadri or

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paranja in Central Asia) is an enveloping outer garment worn by women in some Islamic
traditions to cover their bodies when in public.
The face-veiling portion is usually a rectangular piece of semi-transparent cloth with its top
edge attached to a portion of the head-scarf so that the veil hangs down covering the face
and can be turned up if the woman wishes to reveal her face. In other styles, the niqb of 5
the veil is attached by one side, and covers the face only below the eyes, allowing the eyes
to be seen.

Antoin Sevruguin, Two Veiled Women and a Child. Late 19th century, Qajar. Brooklyn
Museum 10
Burqa is an Arabized Persian word of purda (parda) meaning curtain and veil, which has
the same meaning in Persian.
[1]

Contents
[hide]
1 In Islamic texts 15
o 1.1 Namus
2 Burqas around the world
o 2.1 Asia
2.1.1 Afghanistan
2.1.2 India 20
2.1.3 Pakistan
2.1.4 Israel
2.1.5 Syria
o 2.2 Europe
2.2.1 United Kingdom 25

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2.2.2 France
2.2.3 Belgium
2.2.4 Italy
2.2.5 Netherlands
o 2.3 Oceania 5
2.3.1 Australia
3 See also
4 References
5 External links
In Islamic texts[edit] 10

Algerian women wearing a traditional hak
The Quran has no requirement that women cover their faces with a veil, or cover their
bodies with the full-body burqua or chador.
[2]
Many Muslims believe that the collected
traditions of the life of Muhammed, or hadith, require both men and women to dress and 15
behave modestly in public. However, this requirement has been interpreted in many
different ways by Islamic scholars (ulema) and Muslim communities (see Women and
Islam). Some interpretations say that a veil is not compulsory, or that it is not compulsory
in front of blind men, asexual men, or gay men.
[3][4][5]

The Qur'an has been translated as stating: 20
"O Prophet! Say to your wives and your daughters and the women of the faithful to draw
their outergarments close around themselves; that is better that they will be recognized and
not annoyed. And God is ever Forgiving, Gentle."
Qur'an, Surah 33 (Al-Ahzab), Verse 59
Another verse in the Qur'an is translated as: 25
"And say to the faithful women to lower their gazes, and to guard their private parts, and
not to display their beauty except what is apparent of it, and to extend their headcoverings
(khimars) to cover their bosoms (jaybs), and not to display their beauty except to their
husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons,
or their brothers, or their brothers' sons, or their sisters' sons, or their womenfolk, or what 30
their right hands rule (slaves), or the followers from the men who do not feel sexual desire,
or the small children to whom the nakedness of women is not apparent, and not to strike

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their feet (on the ground) so as to make known what they hide of their adornments. And
turn in repentance to Allah together, O you the faithful, in order that you are successful"
Qur'an, Surah 24 (An-Nur), Verse 31
A fatwa, written by Muhammed Salih Al-Munajjid on the Saudi Arabian website
IslamQA.info, states: 5
The correct view as indicated by the evidence is that the woman's face is 'awrah which
must be covered. It is the most tempting part of her body, because what people look at most
is the face, so the face is the greatest 'awrah of a woman.
[6]

The fatwa also states when it is prohibited to wear the veil:
In the Sunnah there are many ahaadeeth, such as: the Prophet said: "The woman in ihraam 10
is forbidden to veil her face (wear niqaab) or to wear the burqa'." This indicates that when
women were not in ihraam, women used to cover their faces
[6]

An 1842 Lithography work by James Rattray showing a Persian (Qizilbash) woman in
Afghanistan with a burqa behind her. 15
Namus[edit]
Further information: Namus
In the Muslim world, preventing women from being seen by men is closely linked to the
concept of Namus.
[7][8]

Namus is an ethical category, a virtue, in Middle Eastern Muslim patriarchal character. It is 20
a strongly gender-specific category of relations within a family described in terms of
honor, attention, respect/respectability, and modesty. The term is often translated as
"honor".
[7][8]

Burqas around the world[edit]
Asia[edit] 25
Afghanistan[edit]

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Afghan women wait outside a USAID-supported health care clinic.
The full Afghan chadri covers the wearer's entire face except for a small region about the
eyes, which is covered by a concealing net or grille.
[9]

Before the Taliban took power in Afghanistan, the chadri was infrequently worn in cities. 5
While they were in power, the Taliban required the wearing of a chadri in public.
Officially, it is not required under the present Afghan regime, but local warlords still
enforce it in southern Afghanistan. Chadri use in the remainder of Afghanistan is variable
and is observed to be gradually declining in Kabul. Due to political instability in these
areas, women who might not otherwise be inclined to wear the chadri must do so as a 10
matter of personal safety.
India[edit]
Among the Muslim population in India, the burqa (Hindi:
, Urdu: ) is common in
many areas
[10]
old Delhi, for example.
[11]
In the locale of Nizamuddin Basti, the obligation
of a woman to wear a burqa is dependent on her age:
[12]
young, unmarried women or young, 15
married women in their first years of marriage are required to wear the burqa.
[12]
However,
after this the husband usually decides if his wife should continue to wear a burqa.
[12]

Pakistan[edit]
In Pakistan, the use of the burqa is primarily predominant in Pashtun territories along the
border areas, especially in FATA and to a great extent in Khyber Pakhtunkhwa and 20
Balochistan. However, in the remaining majority of the country, its use has greatly
declined over time. However, the burqa observances remain localized and most women
who observe burqa within these areas, do not do so when they travel out of the area.
Israel[edit]
25
A member of the sect in Meah Shearim
Main article: Haredi burqa sect
Some years ago, a group of Haredi (ultra-Orthodox) Jewish women in Israel began donning
the Burqa as a symbol of piety. Following its adoption by Bruria Keren, an estimated 600

17
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Jewish women have taken to wearing the veil.
[13]
Keren claims to "follow these rules of
modesty to save men from themselves. A man who sees a woman's body parts is sexually
aroused, and this might cause him to commit sin. Even if he doesn't actually sin physically,
his impure thoughts are sin in themselves."
[14]
However, apparently at the insistence of
some of their husbands, a rabbinical authority quoted as saying "There is a real danger that 5
by exaggerating, you are doing the opposite of what is intended [resulting in] severe
transgressions in sexual matters," issued an edict declaring burka-wearing a sexual fetish,
that is as promiscuous as wearing too little.
[15]

According to The Jerusalem Post, a Member of the Knesset is intending to put forward a
bill to "prohibit the wearing of a full-body and face covering for women. [The] bill would 10
not differentiate between Muslims and Jews".
[16]

Syria[edit]
Syria is a constitutionally secular state and discourages the wearing of traditional hijab.
Ghiyath Barakat, Syria's minister of higher education, announced that the government
would ban students, teachers or staff from covering faces at universities, stating that the 15
veils ran counter to secular and academic principles of the country.
[17]

Europe[edit]
United Kingdom[edit]
Main article: United Kingdom debate over veils
This outfit is causing debate in the United Kingdom. A senior member of the previous 20
government, Jack Straw, asked Muslim women from his constituency to remove any veils
covering their faces during face-to-face meetings with him. He explained to the media that
this was a request, not a demand, and that he made sure that a woman staffer remained in
the room during the meeting. A media outcry followed. Some Muslim groups said that they
understood his concerns, but others rejected them as prejudicial.
[18]
A poll in 2011 indicated 25
that 66 percent of British people supported banning the burqa in all public places.
[19]

However, a ban on burqas has been ruled out by the current Conservative-Liberal
Democrat government and previous Labour government.
[20]

France[edit]
Main article: Islamic scarf controversy in France 30
Wearing the burqa has not been allowed in French public schools since 2004 when it was
judged to be a religious symbol like the Christian cross. This ruling was the application of
an established 1905 law that prohibits students and staff from wearing any clearly visible
religious symbols. The law relates to the time where the secular French state took over
control of most schools from the Catholic Church. It does not apply to private or religious 35
schools. This was followed on 22 June 2009, when the president of France, Nicolas
Sarkozy, said that burqas are "not welcome" in France, commenting that "In our country,
we cannot accept that women be prisoners behind a screen, cut off from all social life,
deprived of all identity".
[21]
The French National Assembly appointed 32 lawmakers from
right- and left-wing parties to a six-month fact-finding mission to look at ways of 40
restricting its use.
[22]
On 26 January 2010, the commission reported that access to public
services and public transport should be barred to those wearing the burqa. On Tuesday 13
July 2010 the Assembly overwhelmingly approved a bill banning burqas and niqabs.
[23]

On 14 September 2010, the French Senate overwhelmingly approved a ban on burqas in
public, with the law becoming effective beginning on 11 April 2011. When the measure 45
was sent in May to the parliament they said "Given the damage it produces on those rules

18
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which allow the life in community, ensure the dignity of the person and equality between
sexes, this practice, even if it is voluntary, cannot be tolerated in any public place".
[24][25]

The ban is officially called, 'the bill to forbid concealing one's face in public.' "It refers
neither to Islam nor to veils. Officials insist the law against face-covering is not
discriminatory because it would apply to everyone, not just Muslims. They cite a host of 5
exceptions, including motorcycle helmets, or masks for health reasons, fencing, skiing or
carnivals."
[26]

Belgium[edit]
On 29 April 2010, the lower house of parliament in Belgium passed a bill banning any
clothing that would obscure the identity of the wearer in places like parks and in the street. 10
The proposal was passed without dissent and now goes to the Senate. BBC News estimates
that "Only around 30 women wear this kind of veil in Belgium, out of a Muslim population
of around half a million."
[27]

Italy[edit]
In Italy, by an anti-terrorism Law passed in 1975, it is forbidden to wear any dress that 15
hides the face of a person. In May 2010, it was reported that a Tunisian woman was fined
500 for this offence.
[28]

Netherlands[edit]
On 27 January 2012, a law was accepted by the Dutch cabinet, banning any clothing that
would hide the wearer's identity. Fines for wearing a burqa in public could go up to 380 20
euros.
[29]
In October 2012, this law was mitigated by the succeeding cabinet to pertain only
to public transport, health care, education and government buildings, rather than all public
spaces.
[30]

Oceania[edit]
Australia[edit] 25
In 2010, Australian Liberal Senator Cory Bernardi called for the burqa to be banned in
Australia, branding it "un-Australian". The ban did not go ahead but debate about the burqa
continues.
[31][32]

In 2011, Carnita Matthews of Sydney was sentenced to six months jail for making a
statement accusing a police officer of attempting to forcibly lift her niqaab, which news 30
sources initially referred to incorrectly as a burqa.
[33]
The officer had pulled her over for a
random breath test and then ticketed her for failing to properly display a plate indicating
that the driver has a provisional licence. Matthews allegedly then submitted a signed
complaint to a police station while wearing a niqaab. Judge Clive Jeffreys overturned the
conviction in June 2011, citing what he thought were differences between the signature on 35
her license and that on the complaint.
[34]
She then proceeded to seek legal costs.
[33]
On 4 July
2011, New South Wales became the first Australian state to pass laws allowing police to
demand that burqas (and other head gear such as motorcycle helmets) be removed when
asking for identification.
In October 2014, the Speaker of the House and President of the Senate at Parliament House 40
in Canberra decreed that women visitors wearing veils would have to sit in separated
glassed-in areas of the public gallery. Prime Minister Tony Abbott stated that he opposed
this restriction.
[35]

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See also[edit]

I slam portal

Fashion portal
Abaya
Anti-mask laws
Burqini
Chador 5
Cowl
Hijab
Islam and clothing
List of religious headgear
List of types of sartorial hijab 10
Niqb
Purdah
Sunlight
Women in Islam
Yashmak 15
Ghoonghat
Burqa ban

References[edit] 20
^a It's generally pronounced in the local variety of Arabic which vary. Examples: Egyptian
Arabic: [boo], plural: [be], in Literary Arabic by Egyptians: [borqo], plural:
[bqe].
1. Jump up ^ " : ". Hamshahrionline.ir.
Retrieved 2014-03-27. 25
2. Jump up ^ "Does the Quran Require Women to Wear the Veil - Women, the Veil and the Quran".
Middleeast.about.com. 2014-03-05. Retrieved 2014-03-27.
3. Jump up ^ Is it ok to take off the kimar and niqab in front of a blind man? Retrieved 25 June
2012
4. Jump up ^ Women revealing their adornment to men who lack physical desire Retrieved 25 June 30
2012

20
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5. Jump up ^ Queer Spiritual Spaces: Sexuality and Sacred Places - Page 89, Kath Browne, Sally
Munt, Andrew K. T. Yip - 2010
6. ^ Jump up to:
a

b
Al-Munajjid, Sheikh Muhammed Salih. "Do women have to wear niqaab?". Islam
QA. Retrieved 23 August 2010.
7. ^ Jump up to:
a

b
Werner Schiffauer, "Die Gewalt der Ehre. Erklrungen zu einem deutsch- 5
trkischen Sexualkonflikt." ("The Force of the Honour"), Suhrkamp: Frankfurt am Main, 1983. ISBN 3-518-
37394-3.
8. ^ Jump up to:
a

b
Dilek Cindoglu, "Virginity tests and artificial virginity in modern Turkish
medicine", pp. 215228, in Women and sexuality in Muslim societies, P. lkkaracan (Ed.), Women for
Women's Human Rights, Istanbul, 2000. 10
9. Jump up ^ Malhotra, Jyothi (26 July 2009). "An election in Afghanistan". Business Standard.
Retrieved 17 August 2009.
10. Jump up ^ Suad Joseph, Afsaneh Najmabadi (9 July 2011). Encyclopedia of Women & Islamic
Cultures: Family, Law, and Politics. Brill Publishers. "The burq is common in India and Pakistan and a girl
is usually required to use it from the age of nine or ten." 15
11. Jump up ^ Jain, Simmi (9 July 2011). Encyclopaedia of Indian Women Through the Ages:
Modern India. Kalpaz Publications. "The wearing of Burqa was not seen in the rural areas although the
majority observed complete purdah whereas in the old Delhi area from where the urban data was collected, '
Burqa ' clad women were quite frequently seen in the markets and other places, as also women without a
Burqa." 20
12. ^ Jump up to:
a

b

c
Weigl, Constanze (9 July 2011). Reproductive Health Behavior and Decision-
Making of Muslim Women. LIT Verlag Mnster. "The obligation of a woman to wear a burqa is dependent on
her age, as Moazam, one of my key informants, explained to me; a woman with gown-up children has not
necessarily to wear a burqa. Young, unmarried women or young, married women in their first years of
marriage, however, are obliged to wear it. In this situation a husband usually decides if his wife should 25
continue to wear a burqa after marriage or not. In Nizamuddin Basti girls usually started to wear a burqa
when they were around 16 years old and became fecund."
13. Jump up ^ Shaviv, Miriam (28 April 2010). "Should Israel Ban the Burka?". The Jewish
Chronicle. Retrieved 25 January 2011.
14. Jump up ^ "Controversy in Israel over burqa-wearing ultra-Orthodox Jews". Asia News. 2 30
September 2011. Retrieved 15 December 2011.
15. Jump up ^ Blomfield, Adrian (30 July 2010). "Israeli rabbis clamp down on burka". The Daily
Telegraph (London).
16. Jump up ^ The Jerusalem Post. 26 April 2010. [1]. Retrieved 16 Feb 2011.
17. Jump up ^ "Syria bans face veils at universities". BBC News. 19 July 2010. Retrieved 3 February 35
2012.
18. Jump up ^ "'Remove full veils' urges Straw". BBC News. 6 October 2006. Retrieved 23 August
2010.
19. Jump up ^ "Two thirds Brits want burqa ban". YouGov. 14 April 2011. Retrieved 16 April 2011.
20. Jump up ^ MacLellan, Kylie (17 July 2010). "Britain should not seek burqa ban: government". 40
Reuters.
21. Jump up ^ Foreign, Our (22 June 2009). "Nicolas Sarkozy: burqa not welcome in France". The
Daily Telegraph (London). Retrieved 23 August 2010.
22. Jump up ^ "France sets up burka commission". BBC News. 23 June 2009. Retrieved 27 April
2010. 45

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23. Jump up ^ Doland, Angela (13 July 2010). "France Burqa Ban: French Parliament Approves Ban
on Face Veils". The Huffington Post. Retrieved 23 August 2010.
24. Jump up ^ French Senate Approves Burqa Ban (CNN)
25. Jump up ^ "CNN French Senate approves burqa ban". CNN. 15 September 2010. Retrieved 15
December 2011. 5
26. Jump up ^ Doland, Angela (13 July 2010). "France Burqa Ban: French Parliament Approves Ban
on Face Veils". The Huffington Post. Retrieved 10 February 2011.
27. Jump up ^ "Belgian lawmakers pass burka ban". BBC News. 30 April 2010. Retrieved 23 August
2010.
28. Jump up ^ Squires, Nick (4 May 2010). "Muslim woman fined 430 for wearing burka in Italy". 10
The Telegraph. Retrieved 15 December 2011.
29. Jump up ^ "Kabinet stemt in met boerkaverbod wet met veel haken en ogen'". NRC
Handelsblad. 27 January 2012. Retrieved 27 January 2012.
30. Jump up ^ "Geen boerkaverbod op straat". Nederlands Dagblad. 29 October 2012. Retrieved 15
January 2014. 15
31. Jump up ^ "Burqa bans: thinly veiled discrimination?". Australian Times. 14 October 2010.
Retrieved 15 December 2011.
32. Jump up ^ "Demand for hijab ruling causes uproar in State Parliament". Adelaide Now. 29
October 2010. Retrieved 15 December 2011.
33. ^ Jump up to:
a

b
"Burqa wearing-woman Carnita Matthews to seek legal costs". The Daily 20
Telegraph. 23 June 2011.
34. Jump up ^ Fife-Yeomans, Janet (1 July 2011). "No covering up similar signatures in Carnita
Matthews burqa case". The Daily Telegraph. Retrieved 15 December 2011.
35. Jump up ^ "Tony Abbott steps in to have Parliament House burka restrictions overturned" ABC
News, 3 October 2014. Retrieved 3 October 2014. 25
External links[edit]

Wikimedia Commons has media related to Burqa.
Burqa ban: What it means for the West TCN News
France's burqa ban background by Radio France Internationale in English
The absence of evidence for banning burqas The Guardian
The Islamic veil across Europe BBC 30
Beautiful Burqas slideshow by Life magazine
"influence of Persian language in Arabic"
<img src="//en.wikipedia.org/wiki/Special:CentralAutoLogin/start?type=1x1" alt=""
title="" width="1" height="1" style="border: none; position: absolute;" />
Retrieved from "http://en.wikipedia.org/w/index.php?title=Burqa&oldid=628006022" 35
Categories:
Afghan clothing

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Dresses
Gowns
Islamic dress (female)
Islam-related controversies
Purdah 5
Veils
History of Asian clothing

END QUOTE
10
http://en.wikipedia.org/wiki/Ihram
QUOTE
Ihram
Jump to: navigation, search 15
This is a sub-article of Hajj and Islamic hygienical jurisprudence.

Ihram ( irm, from the triconsonantal root -R-M) is, in Islam, a sacred state which
a Muslim must enter in order to perform the major pilgrimage (Hajj) or the minor
pilgrimage (Umrah). A pilgrim must enter into this state before crossing the pilgrimage 20
boundary, known as Miqat, by performing the cleansing rituals and wearing the prescribed
attire.
Contents
1 Restrictions
2 Behaviour and hygiene 25
3 See also
4 References
5 External links
Restrictions[edit]
A man in the state of Ihram must not tie any knots or wear any stitched items. Sandals and 30
flip flops must not be stitched either and should allow the ankle and back of foot to be
exposed (some other schools of thought also agree that the front of the foot must be shown
as well). Whilst in the state of Ihram, a Muslim must not use any scents on the body or on
the robes. If the robe has been fouled by najas (dirty) material or has been wiped, rubbed or
touched by scented liquids (intentionally), then a new ihram must be worn, or the Umrah or 35
Hajj may be invalidated.
During ihram, women must have their faces uncovered; they are forbidden to wear the
Burqa or Niqab. However, the Hijab or Dupatta is permitted.
[1]
There is also no Gender
segregation during the Hajj. Unlike in mosques, men and women pray together, not just in
the same area but also on the same prayer line. This is to remind everyone that on the Day 40

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of Judgment, both men and women will be standing together, side by side, in the same
rows.
[2]

END QUOTE

For the above stated I view it is totally irresponsible for anyone to try to make political millage 5
out of any ban that prohibits a face cover this as the safety and security of those who are in the
Parliament must be paramount.

This correspondence is not intended and neither must be perceived to contain legal advice
nor to refer to all issues/details. 10

MAY JUSTICE ALWAYS PREVAIL
(Our name is our motto!)
Awaiting your response, G. H. Schorel-Hlavka O. W. B. (Friends call me Gerrit)

20141003-G. H. Schorel-Hlavka O.W.B. To MR Clive Palmer & Jacqui Lambie

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), (Arabic pronunciation: [brq, brq]

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