The Dearborn Heights Police Department will no longer require women who wear the hijab to remove their headscarves during the booking process when they are arrested.
Although this policy change is overdue— given the growing Muslim population in the city— it is a positive step that ensures that the police do not violate Muslim women’s religious freedoms.
The reformed policy was the outcome of a lawsuit brought by Malak Kazan, a resident who sued the Dearborn Heights Police earlier this year for removing her hijab after she was arrested for driving on a suspended license.
The city of Dearborn Heights made the right choice by changing the policy as a part of the legal settlement, avoiding a losing legal battle that would have cost taxpayers (many of whom are Muslim) thousands of dollars. The new policy reflects respects the integrity and freedoms of all people regardless of their backgrounds or beliefs.
It is time for police departments across the nation to implement the same policy. Reforming the way Muslim women are treated in a police station is a dire need in Dearborn, a city known for its large Muslim population.
“I think this is the best policy that any local municipality or law enforcement agency can have for their inmates and Muslim women,” Kazan’s attorney, Amir Makled, said.
The Dearborn Police Department is already facing a similar lawsuit by a woman who was forced to remove her headscarf after she was taken into police custody for an overdue parking ticket.
Removing the hijab is not necessary for taking a mugshot. Women who wear the headscarf appear in it publicly all the time, so the hijab is not an alteration of their known appearance. While concerns that a headscarf could be used as a rope for strangulation are farfetched, a temporary garment to hide the hair could be given, instead of the hijab. Women’s hair could be searched privately by a female officer, if needed.
Changing the policy would not prove costly or require major accommodations by police departments, as the number of hijab-wearing women who get arrested yearly is not that high.
“You can judge a society by how well it treats its prisoners,” Russian philosopher Fyodor Dostoevsky wrote.
The freedom of religion, guaranteed by the First Amendment, is readily respected at ordinary times. But it is challenging occasions that test the government’s respect to the laws mandated by the Constitution.
Kazan and others who have challenged hijab removal policies have faced bullying comments on social media, even from Arab American individuals. Critics claimed that a woman who wears the scarf should not get arrested in the first place.
Some members of our community are quick to judge others without noticing their own flaws. Driving on a suspended license is a legal offense, but it does not nullify the rights guaranteed by the Constitution, including freedom of religion.
Even the constitutional rights of suspected rapists and murderers should be protected. Our founding fathers were careful to protect all citizens from their government.
You do not relinquish your rights when you get arrested. As a matter of fact, the Fifth, Sixth, Seventh and Eighth Amendments all guarantee legal restrictions to safeguard suspects from abuse by the government.
The Constitution is clear. The government shall not restrict the practice of religion, even if one has an overdue parking ticket.
We commend Kazan for her courage in speaking out against wrongdoing and following her words with actions. The young lady demanded and secured her rights; and by doing so, she changed set police practices in a city of 65,000 people. She ensured that the religious freedoms of thousands of Muslim women should remain respected even if they are arrested.
She is a living proof that positive change is possible if pursued properly. We are proud and grateful to be citizens of this country, where our grievances can be answered, although we know there is still much work to be done.
We urge our community members to follow Kazan’s path in seeking reform in their society without being intimidated.
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