International Law’s Overlook of Muslim Women’s Rights: The Hijab Ban in Some Countries

Abstract

Hijab, a symbol of a muslim’s women devotion towards the Almighty God in Islam, as how they have to maintain their appearance in front of their male counterpart, by covering their hair, and most of their body parts that being consider as intimate area in Islam. However, there’s another part of the country where hijab is not consider as being freedom for women and seeing as an oppression. This article will look into the international law overlook of how the Muslim women’s right can be taken by the act of banning the hijab for the Muslim women to wear. A number of policies surrounding the issues of the hijab and niqab have been raised recently, and have rekindled the debate about the cultural accommodation, assimilation, and racism that often affects international migrants, racialized gro ups, and intersects with human rights law (Hijab_Niqab_and_the_Religious_Symbol_Deb, n.d.) . This article is using the normative research method, by gathering the references that link into the subject of the research. The normative research method is about exploring and recommending standards or ideals, often drawing from philosophy, ethics, or legal theory. It plays a critical role in shaping societal frameworks by guiding decisions about what is right, just, or ideal. The findings reveal that hijab bans constitute a form of structural discrimination against Muslim communities, disproportionately targeting women and violating international human rights standards. Court rulings that uphold such restrictions further exacerbate the prejudice, trauma, and exclusion experienced by Muslim women, particularly in educational settings. The legal stance of several countries remains inconsistent with international human rights principles, especially those concerning freedom of religion, cultural identity, and gender equality. Hijab bans are not only a violation of women's fundamental rights but also an erosion of pluralism a nd equality under international law. States are urged to align domestic policies with their international human rights obligations by ensuring that freedom of religion and cultural expression are protected. Future legal and policy frameworks must therefore prioritize inclusivity, safeguard the rights of minorities, and prevent discriminatory practices against Muslim women in both public and private spheres.