April, 2004

MUSLIMS AND THE SECULAR STATE IN FRANCE

Dr Amr Al-Shobki

The passing of legislation by the French parliament in February 2004 prohibiting the wearing in state schools of overtly religious symbols – such as the Islamic veil, the Jewish skullcap and large crosses – has raised widespread interest in the definition of secularism in Europe and how it affects the Muslim populations living there.
We can argue that there are different models of secularism that have different implications for religious minorities. This is made clear by comparing the French model of secularism with the Anglo-Saxon one. In Britain, Islamic or other ethnic modes of dress are accepted in all public buildings – schools, universities or government offices. Because this model allows for ethnic and religious minorities to be integrated into society, to a certain degree, as culturally distinct groups, they are allowed wider margins of cultural and ritualistic expression of their belief systems. Dress, therefore, is not an issue. The French secularist model, on the other hand, is far more restrictive, as it insists on relegating all forms of religious expression to the private domain, and seeks to integrate all minorities into the social system as individual citizens, not as ethnic or religious groups.
Throughout Europe, there have been efforts to integrate the growing number of Muslims through recognising their religious rights, and trying to weave second-generation Muslims into the cultural and political fabric of European society. These efforts have not always succeeded, and discrimination and marginalisation along religious lines still occur in Europe.
It is important to note, however, that, contrary to perceptions in the Arab world, the fight over the veil in France does not reflect a war against Islam, but rather a disagreement over the boundaries of the freedom to hold and express religious beliefs within French secular society. To gain an understanding of the problems and issues with which Muslims in Europe must deal, it is necessary to view them within the context of the social-cultural environment, and to understand the degree to which Muslims influence, and are influenced by, this context. Many Muslims have become European citizens and have made significant gains and advances in various European countries. The problems they face are no longer related to gaining acceptance of their existence in these societies as much as to retaining their cultural distinctiveness.
The concept of “integration” has therefore emerged as the tool with which to make these distinctive cultural sub-systems harmonious with their European context. In France, secularism is premised on the necessity of breaking up these ethnic or religious sub-cultures, and providing their members with opportunities for social advancement as they embrace the values of the French Republic, as opposed to clinging to the values of their closed ethnic-religious circle. It is here that an interesting paradox arises. For while this approach aims at endorsing human and social equality among all citizens, in practice it has the opposite effect; by attempting to create a “uniform” society it actually deprives minorities of the right to self-expression, and deprives society of the vitality interaction and exchange between its different sub-cultures would bring to it as a whole. The Anglo-Saxon model, on the other hand, which recognises and allows for the existence of ethnic-religious sub-systems, may appear to be less “equal,” but ensures minorities wider margins of self-expression.
To better understand the challenges the French secular system faces today, it is helpful to review how it emerged. The legal foundations were established in 1905, when a strict separation was imposed between public institutions (state schools, government agencies) and religion, with all related forms of cultural expression. By law, the state in France is secular, and therefore taxpayers’ money should not be spent on religious institutions, nor should government institutions have any religious affiliation or display any religious symbols. Crosses or portraits of the Virgin Mary or Jesus Christ are not to be found in French schools or government buildings, even if most European states do not view the presence of such symbols in their public buildings to be in contradiction with the principles of democracy. This strict approach to secularism in France has made the system less able to adapt to new social realities, both within and outside France, and has come to “sanctify” secularism at the expense of humanitarian, democratic and civic values. In order to ensure the survival of secularism the system is now relying on the enforcement of laws that restrict the same individual liberties that form the essence of any democratic system.
It is within this context that we may examine the situation of French Muslims, whose numbers now exceed 4 million, 2 million of whom are French citizens. Significant changes have occurred during the last three decades. Islam today is recognised as the second religion in France, and the major issues related to Muslims are related to the problems of integrating them into French society, as opposed to viewing them as extensions of the “outer” Arab and Islamic world. The first generation of Muslim immigrants to France believed their presence there was temporary, therefore integration was not an issue. The second generation were eager to establish themselves in their new country, but at the same time emphasised their distinct ethnic and cultural identity. Third-generation Muslims, however, have chosen to become integrated into French society, but at the same time are raising awareness of their unique problems within it.
Integration is therefore the practical solution in France to deal with the problems of communities of foreign immigrants of a different religion. Yet, since Islam as a religion did not emerge from within the fabric of French society but was “imported” into it, the prevailing secular laws governing the relationship of the state and the Catholic church were not equipped to deal with its new and distinctive problems. For example, the Catholic church was not effected by the prohibition on using public funds to build or finance religious establishments, because it has its own resources. On the other hand, the first Muslim immigrants could not afford to build themselves a mosque. However, due to special political considerations, related to the large number of Muslims who died in the first world war, the French government made a single exception, passing a law (19 August 1920) providing state funds for the building of the Grand Mosque of Paris, the first in France. External funding, from Arab and Muslim countries later allowed for the building of more mosques, and there are now over 1,000 mosques throughout France, and numerous Islamic associations.
This growing presence prompted the French government to seek a new approach to dealing with the Muslim community, and the idea of creating a French Muslim entity emerged. After discussions between the Ministry of Interior – which is responsible for religious affairs – and a delegation of French Muslim representatives, the French Council of the Islamic Religion was established. In a document issued by the French cabinet on 23 April 2003, the role of this council was defined as including: overseeing the best interests of Islam, defending its legitimate interests, improving awareness of religious matters, providing legal advice to individuals and associations, and promoting dialogue between different religious groups.
The idea of integration has created challenges unique to European Muslims, such as how to maintain their Islamic identity without infringing on the principles of secularism. The battle over the veil has shown that Muslims are still searching for a form of integration that would allow them to retain their right to be different. They challenged the law on the premise that while secularism should be upheld, it should assume a more humane and open form. The debate over the veil is widely misunderstood in the Arab world, where intellectuals have launched attacks on the drawbacks of secularism without understanding its relationship to the historical and cultural heritage of Europe, which is very different to the Arab and Muslim experience concerning the relationship between state and religion.
European Muslims must also face the challenge of developing their own body of religious interpretations, which in order to deal with a different context must move in directions that may not be regarded as acceptable by mainstream religious authorities in Muslim countries.
Finally, European Muslims must appeal to their fellow European citizens with a new discourse, which, while based on the principles of Islam and the concerns of Muslims, must have wider social and humanistic implications. An example of the efforts in this area is provided by the work of Swiss Muslim intellectual and researcher Tariq Ramadan. Ramadan, who is a lecturer on Islam in the University of Fribourg, Switzerland, is also grandson of the Egyptian founder of the Organisation of the Muslim Brothers (1920), and son of a prominent Muslim leader, Said Ramadan. His discourse, while revealing an Islamic frame of reference, addresses the values of justice, liberty and equality.
In conclusion, it is essential to approach the question of how to understand the problems of Muslims in Europe by viewing them within their European social, political and cultural context, as opposed to judging them from the perspective of an Arab or Muslim context. This will allow us to understand the efforts of these European Muslims to solve their problems while respecting and interacting with European social, cultural and political values, and using European political, democratic mechanisms.