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Whether guilty by association through her marriage to a presumed terrorist or an active accomplice in secret plots to terrorize Americans, some headscarved Muslim women are perceived as incapable of developing their own beliefs and protestations. Instead, they are viewed as mere extensions of familial relationships with actual or presumed male terrorists. As national security prerogatives filter perceptions of Muslims through the prism of terrorism, the Muslim “veil” has become a stereotyped symbol of terror. This critical shift in perception results in palpable adverse consequences for a Muslim woman’s freedom of religion, freedom of individual expression, and physical safety. In large part, this shift in meaning is due to a recasting of Islam as a political ideology as opposed to a religion. Once this definitional shift occurs, acts that would otherwise qualify as actionable religious discrimination are accepted as legitimate, facially neutral national security law enforcement measures, or protected political activity by private actors. Recasting thus serves as the basis for calls to deny Muslims their rights, all of which are protected under the law. Moreover, mundane religious accommodation cases become evidence of stealth, imperialistic designs of a hostile ideology. Contrary to the United States’ traditional deference to religious precepts in personal affairs, opponents of mosque construction and Muslim religious accommodation dismiss religious freedom for Muslims as inapplicable by focusing on extremist Muslims to shift the debate to Islam’s alleged pathological violence. The shift in symbolism of the headscarf results in two notable outcomes. First and foremost, Muslim women continue to be objectified within a larger conflict of ideas among predominantly male decision makers. Heated national security debates about the emergence of “homegrown terrorism,” now code for domestic Muslim terrorists, focus primarily on persecuting or defending male suspects. Stereotypes of the dark-skinned, bearded, Muslim man as representative of the primary threat to national security consume the (predominantly male) government’s anxious attempts to prevent the next terrorist attack. Sparse attention is paid to the impact of the post-9/11 national security era on Muslim women, and specifically on those who wear a headscarf. Irrespective of their place of origin or skin color, the headscarf “marks” women as sympathetic to the enemy, presumptively disloyal, and forever foreign. Further objectifying Muslim women are the predominantly male Muslim spokespersons responding to the polemical, as well as physical, attacks on American Muslims. Notwithstanding that the headscarved woman equally bears the brunt of the government’s harsh counterterrorism tactics and the public’s distrust of Muslims, her voice and perspectives are insufficiently represented in the discourse. Yet again she finds herself an object within a grander political conflict between two patriarchies that are different in form but similar in substance. Second, any meaningful discourse surrounding a woman’s right to wear a headscarf in this country must include the racial subtext of the “terrorist other” associated with her headscarf. Debates about her legal right to do so inadequately analyze the issues through the narrow lens of religious freedom, while, post-9/11, the headscarf has come to symbolize more than a mere piece of cloth worn by a religious minority seeking religious accommodation. It is a visible “marker” of her membership in a suspect group. Thus the label “Muslim” is both a religious, racial and ethnic identifier. The shift in symbolism of the “veil” from subjugation to terror(ism) causes palpable discrimination against Muslim women. Indeed, accusations of terrorism and disloyalty accompany many of the documented cases of discrimination that they face. Gone are the days when the worst a Muslim woman could expect were patronizing and condescending allegations about her oppressive religion or wife-beating husband. Now she may need to worry about her own and her family’s physical safety, her ability to obtain employment, and the government’s harsh prosecutorial tactics. Many of them also suffer tangible economic harm via termination and demotion because they choose to wear the headscarf. In a country that promotes the economic independence of women as a means of preserving their legal and political rights, some Muslim women are forced to forfeit their right to practice their faith in their preferred manner in order to preserve their economic independence and the corresponding benefits. As the costs of wearing the headscarf become prohibitively high, the legal right to wear it rings hollow.

Social media feeds have been flooded in recent days with images of women taking to the streets in Iran and burning their hijabs in a public act of defiance against the government's rules, and without the legal right to protest.

Five days of protests have rocked Tehran and Kurdish regions of Iran since

.

Following her death in detention, the events that are unfolding in Iran, particularly in the province of Kurdistan, have been described as "explosive" by academics.

But why was Ms Amini detained in the first place, what are Iran's rules around the hijab and how will women face the consequences of their protests?

What happened to Mahsa Amini, the woman who died in detention?

Mahsa Amini, whose first name is Jina in Kurdish, was a 22-year-old woman from one of the Kurdish provinces of Iran. She was in Tehran with her brother when she was reprimanded by Iran's morality police - known formally as the 'Guidance Police' or the Gasht-e Ershad - due to her "improper" wearing of the hijab.

Protests around Iran and the world have erupted in anger following the death of 22-year-old Mahsa Amini in Tehran. Source: AAP / Clemens Bilan

She was detained for three days in Vozara Detention Centre when she fell into a coma and died. Local police have denied allegations she was beaten, asserting she suffered a heart attack in detention. It's a claim her family contests, and her parents publicly declared Ms Amini was fit and healthy before her arrest.

"Based on detailed investigations, since her transfer to the vehicle and also at the location [station], there was no physical encounter with her," a police statement said.

Her death has sounded the alarm from various human rights groups, including the United Nations, which heard Iranian president Ebrahim Raisi speak at the General Assembly for the first time on Wednesday. In his address, he remained silent on Ms Amini's death.

"Mahsa Amini's tragic death and allegations of torture and ill-treatment must be promptly, impartially and effectively investigated by an independent competent authority," Nada Al-Nashif, the acting UN high commissioner for human rights, said on Tuesday in a statement.

Are women in Iran forced to wear the hijab?

Since the 1979 Iranian revolution, all women in Iran are legally required to wear a hijab in adherence to the government's interpretation of the Islamic body of law, Sharia. According to the country's law, women's hair and necks must be covered while wearing loose-fitting clothing.

Failure to wear the hijab in accordance with Iran's laws can land women in jail, fined or physically abused by the morality police.

Research professor of Middle East and Central Asian Studies at Deakin University, Shahram Akbarzadeh, said violence against women who "test the boundaries" of the hijab is not new. But the violence has intensified under the ultra-conservative government headed by Mr Raisi since his election win in 2021.

Professor Akbarzadeh said the Iranian government's desire to impose its understanding of Sharia on a progressive society has become a "major political challenge" where women are increasingly vocalising their will to choose how to dress.

In Islam, it is widely interpreted that Muslim women are required to wear the hijab, but it should be of their own volition. According to the religion, no person or institution should force women to wear the hijab.

But as Iran brands itself as a nation enshrining Islamic values in its legislation with harsh penalties, the separation between religion and politics has become blurred since the 1979 revolution.

"Controlling women's bodies is a major obsession for Islamists," Professor Akbarzadeh said. "Because if they can control women's bodies, that's a good way of controlling society."

A protester holds a portrait of Mahsa Amini during a demonstration in Istanbul. Source: Getty / AFP / Ozan Kose

Alam Saleh, lecturer in Iranian Studies at the Australian National University, said Iran's tight hold on the hijab mandate does not necessarily represent the values of the religion of Islam. Rather, it indicates a symbol of legitimacy and control over its constituents.

"For the regime, hijab is not only a religious matter, it's a political issue," he said.

"[Iran] considers its duty to promote Islam and Islamism. As a result, if its own people do not care about Islamic norms and values, that would undermine its political legitimacy."

Why are women burning the hijab?

On social media, images and videos are being posted of women in various provinces of Iran burning their hijab in solidarity with Ms Amini. Some women are even chopping locks of hair in protest against the regime's requirement to cover themselves.

Professor Akbarzadeh said women in Iran are sending a clear message.

"They're saying they have had enough. How much can they take? How much blood can be shed? Enough is enough," he said.

In Iran, there is no legal right to protest against the government. As such, these women could be fined, imprisoned or abused for their actions on the streets.

They'd rather die than continue living like this.

Shahram Akbarzadeh

"At this point in time, they don't really care if there is a knock on the door in the wee hours of the morning by security forces who have identified them on social media and have come to take them to prison.

"They'd rather die than continue living like this."

According to internet monitoring organisation NetBlocks, Iran is experiencing major internet connection disruptions, with major mobile networks shut down and Instagram and WhatsApp severely restricted since 19 September.

Dr Saleh said that Ms Amini's "catastrophic" death was merely a trigger for a culmination of crises that have unfolded in Iran.

A woman stands on a vehicle burning her hijab in protest against Mahsa Amini's death in custody for wearing her hijab in "improper" fashion, according to the morality police. Source: Twitter

In recent years, the Islamic Republic has been marred by economic turmoil with high unemployment rates and skyrocketing inflation. Many Iranians blame the government for systemic corruption that is a link to the failure to deliver better social and economic reforms.

"What we see here is a state versus society where the state adheres to an ideology which people do not buy," he said.

"People have been promised in the past four decades a better life and economy, more social and political freedom. But what we see is that people are now deeply frustrated with these unfulfilled promises.

"It's not only a demonstration, it is not a protest. It is an explosion that ignores the people's wishes."

Dr Saleh said that the values the regime aims to uphold "move exactly in the opposite direction" as the Iranian society, and has called on the morality police to be "dismantled entirely".

While Iran has been rocked by protests from citizens frustrated with the socioeconomic state of the country - the most recent in 2019 when fuel prices skyrocketed and left 1,500 killed in the unrest - this movement is being headed by women.

"Women are leading this protest and this movement. This is new. And women will never lose. This should be warning the regime."

What has been the reaction from Iranian authorities?

Mr Raisi ordered an investigation to be conducted into the death of Ms Amini and was reported by IRNA, a state news outlet, to describe her as like his "own daughter", promising her family justice.

But according to state-affiliated news agency Fars, protests have been met with violence from security forces who have retaliated with live ammunition, pellet guns and teargas.

Kurdistan governor Ismail Zarei Koosha confirmed three people, including a security official, have been killed in the ongoing conflicts, blaming the deaths on foreign interference, and describing it as "a plot by the enemy".

Human rights organisation Hengaw said at least seven people have been killed in Kurdistan and 450 injured, the province in which Ms Amini is from. This has not been verified by Iranian authorities.

In a bid to alleviate tensions, an aide of Iran's supreme leader Ayatollah Ali Khamenei visited the family to send condolences on his behalf.

"I assured the family ... that all institutions will take action to defend the violated rights of Ms Amini and none of their rights will be ignored," the representative, Abdolreza Pourzahbi, said, according to the state-affiliated media outlet, Tasnim news agency.

With AFP