If the DOH has its way, the headscarf will be banned for Muslim nurses to wear while on duty Photo Medical Diagnoses
South Africa – The Department of Health (DOH) has come under fire from the Islamic Medical Association of South Africa (IMASA), Cape Town Ulama Board and other Islamic organisations. The issue at the heart of this controversy began when the DOH issued a national nurses uniform policy dress code. This policy, while attempting to standardise the appearance of nurses across the country, explicitly forbade the wearing of headscarves by Muslim nurses.
The circular, which was issued in July, informed provincial heads of health of the implementation of the policy. In mid August, the various Muslim organisations lodged objections to the circular, which have not yet garnered a response.
According to Haniefa Allee from IMASA, this is not a one time thing. The issue of Muslim nurses wearing headscarves has always been a problem.
“We just have a problem in that every now and then this business of the headscarf becomes a problem. We’ve had that previously and I remember going to the KZN provincial department and nurses were allowed to use the scarves thereafter. Right now, what makes it difficult for us is the memo from Dr. S.S Buthelezi says quite categorically that ‘headscarves are not allowed while on duty’ and ‘the moustache and beard must be neatly trimmed and should be aligned to mask fitness testing prescripts of occupational health’.”
Muslim nurses’ perspective
Wearing modest clothing, including headscarves, is essential to a Muslim woman’s identity and faith. This attire reflects their commitment to Islamic values, such as modesty and dignity. Allee argued denying them the right to wear headscarves infringes upon their religious rights, as guaranteed by the South African Constitution.
“We have a major problem. We have had our new Constitution and all religions could be practised [as stated in the Constitution]. One of the most important aspects for us as, Muslim nurses, is that we are to be wearing loose fitting clothes, unrevealing clothing … We are quite concerned about this because this is our identity. This is our human right and we are now being told we are not to wear these scarves.”
Allee also questioned why the DOH explicitly bans headscarves but allows for the use of wigs and braids, provided they fit inside a theatre cap. She questioned the rationale behind permitting wigs while prohibiting headscarves, especially considering hygiene and disease control aspects.
“I cannot imagine the scarf being something that will spread infection because we wash our scarves every day yet our epaulettes that we wear are not washed or cleaned every day … How does my scarf become a problem? I really don’t understand this.”
Historically, nurses worldwide used to wear some form of headgear to prevent the spread of diseases and to maintain hygiene standards.
SMread: Honour, live and love the Qur’an
The broader implications
Beyond the immediate concerns about the dress code, this controversy has broader implications. It raises questions about the freedom of religious expression and cultural diversity within the healthcare profession. The potential deterrent effect on young Muslim women considering careers in nursing is also a cause for concern. If religious attire becomes a barrier to entry in the profession, it may limit the diversity of voices and experiences in the healthcare industry.
“By prohibiting headscarves, it could discourage Muslim females from taking on the nursing profession. There’s so much else that is happening in this country that needs urgent attention, now we go on to this. There are some places where nuns provide a service to patients and they’re allowed to wear their headgear. How come it becomes a major problem for us here in South Africa? So many countries around the world allow the scarf to be worn by nurses.”
The legal aspects and the way forward
South Africa’s Constitution guarantees freedom of religious expression under Section 15 of the Bill of Rights. This constitutional right allows all citizens, including healthcare workers, to practise their religion without discrimination or undue restriction. The dress code policy, which appears to infringe upon this constitutional right, has raised concerns about its legality.
Despite efforts by the IMASA writing a letter to the department on August 13 and Jamiatul Ulama doing the same on August 27, responses have been limited, said Allee. As of now, the issue remains unresolved, leaving many Muslim nurses uncertain about their future in the profession. The next steps for the concerned parties include further communication with the Department of Health, potential legal action, and continued advocacy for religious freedom.
“We [and the various Muslim organisations] are going to write again and thereafter we will consider our stance to take to give ourselves the freedom of practising our religion. There was even a time when they didn’t allow long sleeves. The beards are another big problem. We don’t have these long great beards that cannot fit into masks and all coverings that are necessary in the theatre and so on. Even if it means wearing two or so masks, our men do that. So we have a major problem.”
The controversy surrounding the dress code for Muslim nurses in South Africa is a complex issue that intertwines matters of religious freedom, identity, tradition, and hygiene. While the debate continues, it is essential to consider the potential impact of the policy on the nursing profession and the Muslim community at large. With the country facing so many problems at the moment, one wonders why such a ban is coming into place. It seems as if South Africa is following the Western world where countries like France have banned women from wearing abayas at university and the burka. It begs the question why are we following these bans and policies when we have far greater issues to tackle in the health sector and indeed the entire country.
