Muslim Woman Seeks Justice After Philadelphia Police Remove Hijab

In a recent incident that has sparked outrage and calls for policy reform, a Muslim woman named Johara Shama reported that the Philadelphia Police Department forced her to remove her hijab while in custody after being detained during a protest at Temple University. The incident has reignited a national conversation about the protection of religious freedoms, appropriate law enforcement conduct, and the rights of Muslim women in public spaces. Together with the Council on American-Islamic Relations (CAIR), Shama is demanding answers and policy changes to ensure the respect and safety of all individuals who wear religious head coverings.

Hijab Removal and Religious Sensitivities

The incident unfolded in late September when Johara Shama, along with other students, participated in a demonstration organized by Temple University’s chapter of Students for Justice in Palestine (SJP). The protest, held at the Howard Gittis Student Center, aimed to draw attention to the conflict in Gaza and advocate for Palestinian rights. However, the protest quickly escalated, leading to police intervention and the arrest of several participants, including Shama.

Following her arrest, Shama alleges that she was held in custody for 20 hours without access to her hijab. She described the ordeal as a “humiliating” and “distressing” experience that defied her religious beliefs. Shama explained that while in custody, a Philadelphia police officer forcibly removed her hijab and under-cap, leaving her without her religious headwear for the duration of her detention.

For many Muslim women, wearing the hijab is a deeply personal and religious commitment, symbolizing modesty, faith, and identity. Removing the hijab is not only a breach of personal privacy but also a significant violation of religious practice. “This act of humiliation left me in a state of distress, feeling as though my fundamental rights had been stripped away from me,” Shama said. The incident has led to a renewed focus on law enforcement policies that impact the religious rights of detained individuals.

CAIR’s Involvement

The Council on American-Islamic Relations (CAIR), a prominent Muslim civil rights organization, quickly became involved in advocating for Shama and addressing what they consider to be a violation of her religious rights. Adam Attia, the legal director for CAIR Philadelphia, emphasized the organization’s commitment to ensuring that incidents like this do not occur in the future. “We want to work toward a change in these policies so that going forward, Muslim women don’t have to experience this,” Attia said. “We are more than willing to collaborate and work with any agency, police department, or university that is willing to listen, as this deeply violates our religious beliefs.”

CAIR’s goal is not only to address Shama’s case but also to instigate a broader policy review within law enforcement agencies in Philadelphia and beyond. They are pushing for policies that respect religious head coverings during booking and detention processes, ensuring that such situations are handled with sensitivity and respect for religious practices.

Philadelphia Police Department’s Policy

Currently, the Philadelphia Police Department’s policies on religious headwear during booking and custody are outdated and vague. Although Shama was allowed to wear her hijab in common areas while in custody, it was removed for her booking photo and while she was in a holding cell with other women. This removal is deeply concerning to many Muslim women, as it exposes them to the public in a manner inconsistent with their religious beliefs.

In a statement, the Philadelphia Police Department acknowledged the need for change. “We recognize that our policies need to evolve to better respect and accommodate religious practices,” a spokesperson said. “The PPD is actively working to update our policies to allow for the wearing of religious head coverings during the booking process and while in custody, provided that it does not compromise safety or security protocols.”

Other law enforcement agencies across the country have implemented policies to respect the religious practices of detainees. For example, the New York Police Department revised its policies in recent years to allow individuals to wear their religious head coverings during booking photos, as long as the face remains visible. This change came after a series of lawsuits and public pressure to respect religious rights, and it serves as a potential model for Philadelphia Police to follow.

Related: Countries with Hijab Bans: Top 5 Nations Implementing Restrictions

Nationwide Struggles for Religious Rights

The incident involving Johara Shama is not isolated. Across the U.S., there have been numerous incidents where Muslim women have had their hijabs forcibly removed while in custody, sparking legal battles and public outcry. In recent years, cities such as Los Angeles and Dearborn, Michigan, have faced lawsuits after women’s religious headwear was removed by police. These cases have drawn attention to the broader struggle for religious accommodation and the need for updated policies that protect the rights of all faith groups.

For instance, in 2021, a Muslim woman in Los Angeles won a $75,000 settlement after she was forced to remove her hijab during a traffic stop and booking process. Similarly, in 2018, a Michigan woman received a $120,000 settlement from a Dearborn Police Department for a similar incident. These cases underscore the significance of policy reform and cultural sensitivity within law enforcement agencies nationwide.

Temple University’s Response

The aftermath of the protest and subsequent arrests has also had a significant impact on Temple University’s campus. Following the protest, which SJP organized to raise awareness about the Gaza conflict, the university placed the SJP chapter on interim suspension. Temple University released a statement explaining that “What occurred last week was not a peaceful protest. It was a major disruption to an event intended to help students find jobs and internships.” Temple emphasized that the aggressive nature of the protest led to visiting employers being escorted away for safety reasons, and many students missed opportunities to engage with potential employers.

Additionally, Temple alleged that several protesters pushed and shoved officers as they attempted to lawfully detain the protest leader. The university’s Public Safety Department reviewed hours of body camera footage and video surveillance, concluding that officers acted appropriately given the circumstances.

CAIR, however, has criticized both Temple University and the Philadelphia Police Department for their handling of the protest and subsequent arrests. They argue that the actions taken by law enforcement and the university constitute “mistreatment” of students exercising their rights to free speech and assembly. Shama and other demonstrators have contended that the protest was meant to be peaceful and that their rights were violated during the arrests.

The Need for Collaboration

The Philadelphia Police Department’s acknowledgment of the need for policy updates is a step toward better inclusivity and religious accommodation. By working with CAIR and other community organizations, the department has an opportunity to develop policies that are sensitive to religious practices, ensure the dignity of individuals in custody, and foster trust between law enforcement and the community.

Moreover, CAIR is calling for a collaborative approach to ensure that law enforcement, universities, and public institutions respect religious practices and uphold the rights of individuals to wear religious head coverings. They have requested meetings with both Temple University and the Philadelphia Police Department to discuss ways to prevent such incidents from happening again.

Advocating for Religious Freedom

Johara Shama’s case is a critical reminder of the need for updated policies and increased cultural awareness within law enforcement and public institutions. While the Philadelphia Police Department’s willingness to revise its policies marks progress, the advocacy work by CAIR and other civil rights organizations remains crucial in ensuring that Muslim women and people of all faiths can maintain their religious observances without fear of discrimination or violation of their rights.

As conversations continue, Shama’s story, along with others like hers, underscores the importance of respect, inclusivity, and protection of religious rights in all facets of public life, from law enforcement encounters to university campuses.