When the European Court of Justice (ECJ) ruled last month on the legality of companies that barred observant Muslim women from wearing the Muslim headscarf (hijab), I was reminded of the words of an American lawyer, made famous almost five decades ago. Leon Jaworski, the special prosecutor during the infamous Watergate scandal that eventually brought down then US president Richard Nixon, once said: “When dictators and tyrants seek to destroy the freedoms of men, their first target is the legal profession and through it the rule of law.” It’s a stern warning and one that bears remembering today.
The ECJ is the highest court in the EU. Its rulings earlier in July affirm the power of the state over individual freedoms, particularly a person's right to the freedom of religion.
Different European courts in different jurisdictions have circumscribed the niqab, often under the claim of upholding security; French courts have circumscribed the hijab in schools and public offices, under the claim of upholding "secularist" spaces – and there have been arguments about all those cases domestically. But this case goes even further.
The ECJ upheld a decision from a German court that companies can ban headscarves at the workplace to uphold a "neutral image". Consequently, Muslim women who insist on wearing their religious attire can be suspended or even dismissed from work.
It is a striking ruling, the disquieting nature of which goes beyond this case. It says something about the inability – or unwillingness – of Europe’s most senior legal institutions to stand on legal principle against the baser tendencies in a particular social environment.
In a society, when bigotry against a minority becomes almost common, members of that minority can be aided by one of two avenues. The first is political leadership; political figures could rise, insist that bigotry is unacceptable and demand change.
The second avenue is the hope that the law itself will hold the line and reject the arguments that give rise to such rulings. And while it might not necessarily force good relations between people, it will reject unethical treatment of the minority.
When it comes to political leadership, too much of the western political elite has been silent on anti-Muslim bigotry. Worse, in some cases, politicians have even thrived from it. Anti-Muslim bigotry is a vote-getter; the propagator of it is all too often rewarded with more popularity, not less. And such mainstreaming of far-right anti-Muslim sentiment has been extending deeper into our societies in the West for many years. To support this, there has been research about the mainstreaming of Islamophobia in different parts of the West and beyond. None of this is news and yet, it hasn’t caused sufficient pause.
On the contrary, what was seen in the ECJ’s ruling is a different kind of mainstreaming altogether, and it could be the worst kind of all. Ironically, the Council of Europe itself had warned of anti-Muslim hate speech only days before the July ruling.
Too much of the western political elite has been silent on anti-Muslim bigotry
But the ruling has taken things to another level. The implication is that a Muslim women who chooses to wear a headscarf, in observation of a mainstream Islamic practice, without the slightest impact on anyone else, is not protected from bigotry or discrimination.
We should be clear: there was no sacrosanct legal principle that was relied upon in this ruling, and nothing justified it. On the contrary, the ruling went to great lengths to deconstruct an overriding principle itself – namely, the freedom of religion.
Indeed, the court admitted that such bans could count as "discrimination", but justified that discrimination if it was based on "neutrality"; a concept that is subjective and has no basis in law. Nor did the court see it necessary to provide an objective definition of "neutrality" because it would appear that this is simply the enablement of anti-Muslim bigotry, with the term "neutrality" allowing for such trampling of individual freedoms, particularly ones that relate to the freedom of religion. All that, while using the law as a shield.
If the ECJ were to apply this interpretation of "neutrality" to other religious groups – or women, or ethnic minorities – it would be rightly decried as discriminatory on multiple levels. The concepts of impartiality and neutrality mean being fair, just and ensuring different parts of society are treated equitably.
But in this case, the ECJ has been incredibly partial. Worse, it has given succour to some far-right politicians, who openly celebrated the ruling. And that, alas, is the point. The court is meant to be above political discourse. It is not meant to be swayed by populist rhetoric about Muslims in Europe. But it is hard to see this ruling as anything except upholding the impact of the mainstreaming of bigotry in our political arenas and allowing it to seep into our judicial ones.
Aristotle once said: “Law is order, and good law is good order." One could also say, bad law is bad order – and this latest ruling is most certainly a bad law. The precedent has been set at the highest court of the EU and it will take a lot of hard work, political leadership and legal fortitude to repair.
The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
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SPECS
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Series info
Test series schedule 1st Test, Abu Dhabi: Sri Lanka won by 21 runs; 2nd Test, Dubai: Play starts at 2pm, Friday-Tuesday
ODI series schedule 1st ODI, Dubai: October 13; 2nd ODI, Abu Dhabi: October 16; 3rd ODI, Abu Dhabi: October 18; 4th ODI, Sharjah: October 20; 5th ODI, Sharjah: October 23
T20 series schedule 1st T20, Abu Dhabi: October 26; 2nd T20, Abu Dhabi: October 27; 3rd T20, Lahore: October 29
Tickets Available at www.q-tickets.com
Stat Fourteen Fourteen of the past 15 Test matches in the UAE have been decided on the final day. Both of the previous two Tests at Dubai International Stadium have been settled in the last session. Pakistan won with less than an hour to go against West Indies last year. Against England in 2015, there were just three balls left.
Key battle - Azhar Ali v Rangana Herath Herath may not quite be as flash as Muttiah Muralitharan, his former spin-twin who ended his career by taking his 800th wicket with his final delivery in Tests. He still has a decent sense of an ending, though. He won the Abu Dhabi match for his side with 11 wickets, the last of which was his 400th in Tests. It was not the first time he has owned Pakistan, either. A quarter of all his Test victims have been Pakistani. If Pakistan are going to avoid a first ever series defeat in the UAE, Azhar, their senior batsman, needs to stand up and show the way to blunt Herath.
Switching%20sides
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If you go
The flights
Emirates and Etihad fly direct to Nairobi, with fares starting from Dh1,695. The resort can be reached from Nairobi via a 35-minute flight from Wilson Airport or Jomo Kenyatta International Airport, or by road, which takes at least three hours.
The rooms
Rooms at Fairmont Mount Kenya range from Dh1,870 per night for a deluxe room to Dh11,000 per night for the William Holden Cottage.
UAE currency: the story behind the money in your pockets
The details
Heard It in a Past Life
Maggie Rogers
(Capital Records)
3/5
The biog
Mission to Seafarers is one of the largest port-based welfare operators in the world.
It provided services to around 200 ports across 50 countries.
They also provide port chaplains to help them deliver professional welfare services.
Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Killing of Qassem Suleimani
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
Avatar: Fire and Ash
Director: James Cameron
Starring: Sam Worthington, Sigourney Weaver, Zoe Saldana
Rating: 4.5/5
Indoor cricket in a nutshell
Indoor Cricket World Cup – Sep 16-20, Insportz, Dubai
16 Indoor cricket matches are 16 overs per side
8 There are eight players per team
9 There have been nine Indoor Cricket World Cups for men. Australia have won every one.
5 Five runs are deducted from the score when a wickets falls
4 Batsmen bat in pairs, facing four overs per partnership
Scoring In indoor cricket, runs are scored by way of both physical and bonus runs. Physical runs are scored by both batsmen completing a run from one crease to the other. Bonus runs are scored when the ball hits a net in different zones, but only when at least one physical run is score.
Zones
A Front net, behind the striker and wicketkeeper: 0 runs
B Side nets, between the striker and halfway down the pitch: 1 run
C Side nets between halfway and the bowlers end: 2 runs
D Back net: 4 runs on the bounce, 6 runs on the full
Blackpink World Tour [Born Pink] In Cinemas
Starring: Rose, Jisoo, Jennie, Lisa
Directors: Min Geun, Oh Yoon-Dong
Rating: 3/5
Israel Palestine on Swedish TV 1958-1989
Director: Goran Hugo Olsson
Rating: 5/5
Company Profile
Founder: Omar Onsi
Launched: 2018
Employees: 35
Financing stage: Seed round ($12 million)
Investors: B&Y, Phoenician Funds, M1 Group, Shorooq Partners
Bib%20Gourmand%20restaurants
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EU Russia
The EU imports 90 per cent of the natural gas used to generate electricity, heat homes and supply industry, with Russia supplying almost 40 per cent of EU gas and a quarter of its oil.
T20 World Cup Qualifier
Final: Netherlands beat PNG by seven wickets
Qualified teams
1. Netherlands
2. PNG
3. Ireland
4. Namibia
5. Scotland
6. Oman
T20 World Cup 2020, Australia
Group A: Sri Lanka, PNG, Ireland, Oman
Group B: Bangladesh, Netherlands, Namibia, Scotland
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Auron Mein Kahan Dum Tha
Starring: Ajay Devgn, Tabu, Shantanu Maheshwari, Jimmy Shergill, Saiee Manjrekar
Director: Neeraj Pandey
Rating: 2.5/5
MATCH INFO
Champions League quarter-final, first leg
Ajax v Juventus, Wednesday, 11pm (UAE)
Match on BeIN Sports
Afghanistan fixtures
- v Australia, today
- v Sri Lanka, Tuesday
- v New Zealand, Saturday,
- v South Africa, June 15
- v England, June 18
- v India, June 22
- v Bangladesh, June 24
- v Pakistan, June 29
- v West Indies, July 4
Tamkeen's offering
- Option 1: 70% in year 1, 50% in year 2, 30% in year 3
- Option 2: 50% across three years
- Option 3: 30% across five years
The five pillars of Islam
UAE currency: the story behind the money in your pockets
RACE CARD
6.30pm: Baniyas Group 2 (PA) Dh 97,500 (Dirt) 1,400m.
7.05pm Maiden (TB) Dh 82,500 (D) 1,200m
7.40pm Maiden (TB) Dh 82,500 (D) 1,400m
8.15pm Handicap (TB) Dh 82,500 (D) 1,400m
8.50pm Rated Conditions (TB) Dh 120,000 (D) 1,600m
9.25pm Handicap (TB) Dh 95,000 (D) 1,200m
10pm Handicap (TB) Dh 85,000 (D) 2,000m
UK’s AI plan
- AI ambassadors such as MIT economist Simon Johnson, Monzo cofounder Tom Blomfield and Google DeepMind’s Raia Hadsell
- £10bn AI growth zone in South Wales to create 5,000 jobs
- £100m of government support for startups building AI hardware products
- £250m to train new AI models
Brief scores:
Manchester United 4
Young 13', Mata 28', Lukaku 42', Rashford 82'
Fulham 1
Kamara 67' (pen),
Red card: Anguissa (68')
Man of the match: Juan Mata (Man Utd)
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Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
FIXTURES
All kick-off times UAE ( 4 GMT)
Brackets denote aggregate score
Tuesday:
Roma (1) v Shakhtar Donetsk (2), 11.45pm
Manchester United (0) v Sevilla (0), 11.45pm
Wednesday:
Besiktas (0) v Bayern Munich (5), 9pm
Barcelona (1) v Chelsea (1), 11.45pm
COMPANY%20PROFILE
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TALE OF THE TAPE
Manny Pacquiao
Record: 59-6-2 (38 KOs)
Age: 38
Weight: 146lbs
Height: 166cm
Reach: 170cm
Jeff Horn
Record: 16-0-1 (11 KOs)
Age: 29
Weight: 146.2lbs
Height: 175cm
Reach: 173cm
Company%20profile
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What are the influencer academy modules?
- Mastery of audio-visual content creation.
- Cinematography, shots and movement.
- All aspects of post-production.
- Emerging technologies and VFX with AI and CGI.
- Understanding of marketing objectives and audience engagement.
- Tourism industry knowledge.
- Professional ethics.
Mrs%20Chatterjee%20Vs%20Norway
%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Ashima%20Chibber%C2%A0%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStars%3A%3C%2Fstrong%3E%20Rani%20Mukerji%2C%20Anirban%20Bhattacharya%20and%20Jim%20Sarbh%C2%A0%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%202%2F5%3C%2Fp%3E%0A
World Series
Game 1: Red Sox 8, Dodgers 4
Game 2: Red Sox 4, Dodgers 2
Game 3: Saturday (UAE)
* if needed
Game 4: Sunday
Game 5: Monday
Game 6: Wednesday
Game 7: Thursday
