Kuwait's constitutional court is expected to give a ruling later this month on whether female members of parliament must wear the hijab.

An electoral law introduced when Kuwaiti women were given full political rights four years ago says: “A condition for women to vote and be elected is to abide by the rules and terms of Sharia law.”

Islamist MPs, who long opposed the presence of women in parliament, interpret this as meaning they must cover their heads. In the current parliament, two of the four female MPs, plus the education minister, have their heads uncovered.

Earlier this month Kuwait's Fatwa Department ruled that under Islamic law, Muslim women are obliged to wear the hijab. AFPexplained:

Although the fatwa, or religious edict, was general in nature and did not specifically refer to Kuwait's election law, it triggered conflicting reactions from Islamist and liberal lawmakers and activists.

Islamist lawmakers called on female MPs and a minister to comply with the ruling while liberal and female legislators stressed the fatwa is not binding since it did not come from the constitutional court.

Female MP Rola Dashti argues that including Sharia provisions in the 2005 electoral law was unconstitutional. "The regulations clearly violate articles in the constitution which call for gender equality and make no reference to Sharia regulations," she told AFP.

Another issue, according to Khalifa Alhoumaidah, a legal expert 
quoted in The National, is whether the 2005 law applies to women's behaviour in parliament or whether they are only required to comply with Sharia during the electoral process.

Posted by Brian Whitaker, 21 October 2009.