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Muslim Woman’s Rights Violated After Being Forced to Remove Hijab at Multnomah County Jail

tvovermind.com 2024/10/6

Following a protest supporting Palestine at Portland’s Grand Floral Parade last month, Serine Abuelhawa was among eight protesters arrested.

Muslim Woman’s Rights Violated After Being Forced to Remove Hijab at Multnomah County Jail

Abuelhawa, a Muslim woman, was taken into custody at the Multnomah County Jail, where she was instructed to remove her hijab in front of male deputies. For religious reasons, she initially refused, leading to a tense interaction and a possible civil rights violation.

The Significance of Hijab

The hijab is a religious headscarf worn by Muslim women to practice modesty as guided by the Quran. Traditionally, they are not permitted to remove the hijab in front of men, except for their husbands and close family members. This context highlights both cultural and religious importance.

A Traumatizing Experience

Taking off my hijab in front of someone, it feels like I’m getting naked. says Abuelhawa. I know that might sound crazy to somebody, but I don’t even take off my hijab in public.

Multnomah County Sheriff’s Office (MCSO) protocol indicates the removal should be conducted by someone of the same gender and out of view of male staff.

MCSO Protocols Ignored

Muslim Woman’s Rights Violated After Being Forced to Remove Hijab at Multnomah County Jail

According to Abuelhawa, she requested a female deputy oversee the process. However, an unawareness of the hijab’s religious significance led to persistent pressure to remove it. Her assertion, just because I’m in jail does not mean I’m no longer Muslim, underscores her distress.

The Unfolding Violations

A video from the jail shows Abuelhawa interacting with deputies before being escorted to a private cell. There, she reluctantly removed her hijab in the presence of two female deputies. Post-search, deputies did not return her hijab, leaving her uncovered in the cell for almost three hours without food or water.

Muslim Woman’s Rights Violated After Being Forced to Remove Hijab at Multnomah County Jail

MCSO designates meal times and provides cells with faucets; however, Abuelhawa found the conditions unsanitary. During the subsequent booking process—again, observed by male deputies—her hijab was not returned nor was there a female staffer conducting the procedure. This forced her to be photographed without her hijab for jail records despite protocols stating that photos should ideally be taken without male staff present.

A Pattern of Disrespect and Legal Recourse

Aya Beydoun, a legal fellow at the Council on American-Islamic Relations (CAIR), remarked on similar cases stating, [It’s] deeply unsettling, offensive, disrespectful, and illegal…it’s a mandate for Muslim women.

Beydoun noted that if Abuelhawa pursues legal action, there’s a strong case given past precedents: an $85,000 lawsuit settlement in Long Beach (2017) and another $100,000 federal lawsuit win in Tennessee (2021) on similar grounds.

Breach of Duty and Training Flaws

MCSO claims that these incidents—a stark deviation from policy—will be addressed with involved deputies to ensure correct understanding and application.

Beydoun emphasizes that officers must be well-trained about religious requirements: The government definitely has an obligation…to ensure their officers are properly trained…

A Final Injustice

Reflecting on her experience after venturing back through jail corridors uncovered and subjected to inadequate treatment—including a non-compliant pork sandwich meal—Abuelhawa raises troubling questions about intentions behind her mistreatment: I felt I was pretty cooperative…it does make me wonder: why specifically me?

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