In an important ruling yesterday, Kuwait’s constitutional court 
decided that female members of parliament are not required to wear the hijab. Although only female two MPs and a government minister are directly affected, the case has much wider implications.

An electoral law introduced when Kuwaiti women were given full political rights four years ago said: “A condition for women to vote and be elected is to abide by the rules and terms of Sharia law.” This was a last-minute insertion demanded by religious elements.

Yesterday, the court decided that the clause was not well-defined and failed to specify whether the Sharia provision included wearing the hijab.

More significantly, though, it stressed the supremacy of the Kuwaiti constitution which guarantees personal freedom and freedom of religion. Article 29 of the constitution says:

(1) All people are equal in human dignity and in public rights and duties before the law, without distinction to race, origin, language, or religion.

(2) Personal liberty is guaranteed.

This was the second time in the space of a few days that the court had cited the constitution to over-ride legislation restricting women’s rights. Last week it ruled that a law requiring women to get approval from their husbands before they could obtain a passport infringed the constitutional principle of freedom and equality.

Posted by Brian Whitaker, 29 October 2009.