Among the basic rights enjoyed by all individuals and groups is the right to don whatever head-wear one may wish. A question nevertheless arises regarding the appropriateness of this basic freedom when an item of clothing takes on additional negative social or political connotations, and evolves into a universal symbol of resistance, violence, terror, incitement, and antisemitism.
Consideration also has to be given to whether the basic freedom of dressing as one wishes is not being abused, and whether there is a need for some form of regulation, monitoring, supervision, and possible prohibition.
Such is the case of the keffiyeh, the Arabic head covering adopted by Arab fighters during the Arab revolt against the British in the 1930s. Over time, its black-and-white pattern ascended into a worldwide symbol of Palestinian heritage and resistance to Israel.
Historically, the keffiyeh dates back to the Sumerian priests of Mesopotamia in 3100 BCE. The actual word “keffiyeh” originated in the Kufa area of Iraq and means “from the city of Kufa.’’ Prior to the 1930s, it was worn by traveling Bedouin tribes and Palestinian farmers year-round as protection against the sun and sandstorms.
The traditional black-and-white keffiyeh gained popularity among Palestinian rebels and protesters during the British Mandate of Palestine, especially during the 1936-1939 Arab Revolt. The rebels wrapped it around their faces to hide their identity and avoid arrest. This prompted the British authorities to ban wearing the keffiyeh.
In response to banning this form of Palestinian identity, and as an act of resistance, most Palestinians started wearing it, making it harder to distinguish the rebels from the general population.
It later became an icon worn by Palestinian leader Yasser Arafat in every public appearance.
The Keffiyeh has become symbolic of terrorism
More recently – and without prejudice to the white head garb worn traditionally in the Gulf States that is worn without political connotation – what is identified as the black-and-white Palestinian keffiyeh has become the significant symbolic and unifying form of head-ware sported chiefly by Arab terrorists and supporters in connection with, and in support of acts of terror, plane hijackings, hostage takings, and the like.
Such use of the keffiyeh was recently given great prominence during the brutal Hamas massacres committed against Israelis and others on October 7, 2023. It figured prominently even in the footage filmed by the terrorists as they gleefully raped, tortured, and burned civilians, while destroying, pillaging, and torching Israeli homes and villages, and while brutally taking hundreds of hostages, live and dead.
In the days immediately following this brutal massacre, the Palestinian keffiyeh became the standard and most visibly unifying and symbolic emblem and garb worn internationally by demonstrators – both Arabs and non-Arabs.
It was prominent in their mass genocidal, anti-Israel, and antisemitic marches and riots that broke out in North America, Europe, and Australia, as the demonstrators called for the elimination of Israel. It is also sported by the Iranian Supreme Leader Ali Khamenei, as part of his support for Palestinian terror.
The keffiyeh is now consistently employed in the dual capacity of a symbol of revolt, incitement, and terror, as well as a means of deliberately concealing identity by demonstrators and rioters on North American, European, and other Western campuses and at violent street demonstrations. By wearing it, demonstrators try to maintain anonymity vis-à-vis law enforcement authorities and thereby avoid identification and apprehension.
It is a deliberate use of a Muslim religious and national mode of clothing as an emblem and symbol for incitement and revolt, for encouraging violence, and advocating antisemitism. It represents, by any accepted standard, a clear abuse of any pretended right to “freedom of attire,” as well as a defilement of the religious connotation attached to the keffiyeh.
By the same token, the use of the keffiyeh for the deliberate, willful, and malicious concealment of identity to evade criminal investigation, is no less a defilement and insult to the precepts and law of Islam, as well as a blatant attempt to escape law enforcement.
Clearly, without being perceived as advocating in any way or manner delegitimization of Islam, such abuse, and even contempt, should be neither indulged, condoned, nor tolerated by any law-abiding and religiously respectful society, university, educational institution, municipality, or city, even in the most “politically correct” Western societies.
However, it is likely that a restriction or prohibition of the black-and-white keffiyeh could give rise, in Western societies, to legal challenges. It could even generate allegations – genuine or politically contrived – of interference in basic human and religious freedoms and rights of observance, and even interference in the constitutional right to freedom of expression.
But it would not necessarily be a violation of basic freedoms if the keffiyeh is being used as a means of generating internal campus violence, political subversion and demonstration, antisemitism, and evading law enforcement, at academic, municipal, or state institutions.
To the contrary, restrictions on wearing the keffiyeh aim would be to protect the freedoms of all against violence, terror, incitement, and antisemitism by fanatic Muslims and other students.
By the same token, public objections to the keffiyeh – since it has become a symbol for furthering terror, violence, and antisemitism – would not necessarily violate human freedoms.
The contrary is clearly the case. The marked extent of the abuse of the keffiyeh, and the negative, violent symbolism it has come to represent, render it all the more propitious and necessary to take immediate public action to put an end to such abuse.
The writer served as a legal adviser to the Foreign Ministry and as ambassador to Canada. He participated in negotiating and drafting Israel’s agreements with its neighbors. He presently directs the International Law Program at the Jerusalem Center for Foreign and Security Affairs.