A 15-year-old girl's attempt to wear strict Muslim dress in the classroom could cause unwelcome divisions in a school, the high court heard yesterday. Some might be regarded as "better Muslims" than others.
The case was brought by Shabina Begum, 15, who has been out of Denbigh high school, Luton, since September 2002, when she was sent home after arriving in the jilbab, a long, flowing gown covering all her body except hands and face.
Yvonne Spencer, her solicitor-advocate, argued that the ban was "constructive exclusion" and breached domestic law and the European convention on human rights. It was "a denial of her right to education and right to manifest her religious beliefs".
Simon Birks, for the head teacher and governors, said Denbigh was a multi-cultural and multi-faith secular school. Shabina had not been excluded but had stayed away.
Muslim girls could wear trousers, skirts or a shalwar kameez, consisting of trousers and a tunic. They relied on the school policy "to resist pressures which could be brought upon them to wear the jilbab".
He added: "There would also be the risk of division if the jilbab were to be adopted. There could be two classes of people - those who wore the jilbab and those who wore the shalwar kameez, with those wearing the jilbab regarded as 'better Muslims' than those who wore the shalwar kameez."
Health and safety risks arose because of the dangers of "slipping or tripping". If an accident happened it would be no defence to say the school had allowed pupils to exercise their human rights.
Ms Spencer pointed out that the jilbab was part of the uniform in Muslim schools and there had been no problems, apart from some difficulties with physical education. Shabina had chosen to wear the jilbab and had been under no family pressure.
Denbigh, a 1,000-pupil comprehensive with nearly 800 Muslims, says it has a flexible uniform policy which takes into account all faiths and cultures.
Initially Shabina wore a shalwar kameez but her deepening religious interest led to her wearing the jilbab. When she turned up for the first day of the school year in September 2002, she was told she had to go home and change.
The court heard that she had come under stress after the death of her Bangladeshi mother, Azizun Khanom. Her father died in 1992. One of four children, she wants to be a doctor and had been expected to gain good grades in seven GCSE subjects.
In 2002 she had decided to observe a stricter interpretation of her Islamic faith and believed the shalwar kameez did not comply with her beliefs because it did not cover arms and legs.
She regarded the jilbab as the correct dress "for a mature Islamic woman in public" and said she had received support in her community. The court heard that she had received some home tuition but her education was under threat.
After a day-long hearing, Mr Justice Bennett reserved judgment.