Rights of Muslim School Girls to Wear the Hijab: Legal, Religious, and Social Perspectives – By Ibrahim Hish

In a democratic country that prides itself on the rule of law and religious tolerance, it is disheartening that we are still debating whether Muslim girls should be allowed to wear the hijab in educational institutions.

This is a critical decision that is more than a debate on school uniform policy in the country. It is a question of fundamental rights.

Mr. Ibrahim Hish Adan is Former TSC Regional Director, North Eastern Kenya. Photo/ Courtesy

The hijab, far from being a mere cultural symbol, is a religious obligation grounded in sacred Islamic teachings. The Quran, in Surah An-Nur (24:31) and Surah Al-Ahzab (33:59), clearly instructs believing women to adopt modest attire as an act of devotion and protection.

For Muslim girls, wearing the hijab is not a choice made lightly; it is a deeply spiritual commitment, a visible expression of identity and obedience to faith.

Kenya’s 2010 Constitution is unambiguous on this matter. Article 32 guarantees the right to freedom of religion, belief, and opinion.

Article 27 expressly prohibits discrimination on any grounds, including religion. These are abstract principles and living guarantees that must be respected by all institutions, including schools.

The 2016 Court of Appeal ruling in Fugicha v Methodist Church & Teachers Service Commission is a legal milestone that underscored this right. The court ruled that barring Muslim girls from wearing the hijab was discriminatory and violated their constitutional freedoms.

That ruling affirmed what should already be common sense that students do not shed their rights when they walk into the classroom.

Yet some schools continue to defy the law and ban the hijab, often under the pretext of enforcing uniformity or maintaining discipline. These justifications do not hold water.

What kind of discipline demands the erasure of religious identity? What sort of uniformity excludes children for being who they are?

The consequences of these bans are severe. They alienate Muslim girls, damage their self-esteem, and sometimes push families to withdraw their daughters from school altogether.

This is more than a mere a religious issue — it is an educational and social crisis. When we deny students their dignity, we compromise their future and fracture the very social cohesion our education system should promote.

International human rights instruments, to which Kenya is a signatory including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights affirm the right to manifest one’s religion, including through dress.

Countries around the world have moved toward accommodation and inclusion. Kenya should not be regressing.

We must do better. The Ministry of Education must issue clear, enforceable guidelines that protect the right to wear the hijab in all schools and not just Muslim ones.

School boards, teachers, and administrators must be sensitized on religious inclusion. And we must foster national dialogue to build mutual respect, not suspicion, across faiths.

This matters is more than discussions about Muslims versus non-Muslims. It is about justice versus injustice. Let us stand on the right side of history and the constitution.

Mr. Ibrahim Hish Adan is Former TSC Regional Director, North Eastern Kenya.