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Mr. Mom Returns to the Kitchen

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Background

Last Saturday, Allah subhaanahu wa ta’aala blessed our family with our latest addition to the family, our daughter Taymiyyah.  I’m home this week to help my wife with her chores while she adapts and recovers and among the duties I’ve shouldered is cooking.  Flipping through my healthy eating books, I found this amazing recipe for chili.  I made it yesterday, and it came out really well, so for anyone that wants to make 10 servings of chili and not cook again for 3 – 4 days, try the recipe below.

Required Tools

  1. Extremely huge pot, or two large pots.
  2. Knife for chopping veggies
  3. Blender
  4. Stirring spoons
  5. 3 or 4 medium sized tupperware containers to store chopped veggies
  6. 1 TableSpoon and 1 Teaspoon
  7. Your scrubbiest clothes, you will likely smell like an onion after this is done.

Ingredients

  1. 4 lbs Extra Lean Ground Beef
  2. 4 Cans of Kidney beans (15.5 oz per can) – make sure to drain and rinse thoroughly
  3. 2 large onions, chopped (prepare to cry)
  4. 2 large tomatoes, chopped
  5. 1 lb of carrots, peeled and sliced into smaller pieces
  6. 4 bell peppers, any combination of colors will do (green, red, yellow, orange)
  7. 6 cloves of garlic, chopped
  8. Two 46 fl oz bottles V8 Vegetable Juice, Spicy Hot
  9. 1/2 lb Cashews
  10. Spices
    • 4 tbsp Chili Powder
    • 1 tsp Cumin
    • 2 tsp Paprika
    • 1 tsp Celery Seed
    • 1 tsp Fresh Ground Peppper

Directions

  1. Combine 1 lb ground beef, the onions, and the minced garlic and brown the beef on high heat.  When this is complete, continue adding 1 lb of beef, browning it, and keep doing so until all the beef is added and browned.
  2. Now add all the spices and continue frying the beef while stirring for 3 minutes
  3. Add the kidney beans, tomatoes, carrots, peppers, and V8 Juice.  Stir it all up, and keep the heat high until it’s boiling.  If it becomes too much, lower the temperature slightly, but let it keep going.
  4. While the meat cooks, blend the cashews in short bursts (not all at once, don’t want it to become butter, just grainy) – this is how you make the cashew meal.  Add this to your chili and stir.
  5. Keep the chili cooking until the carrots are soft (could be between 30 – 60 min).  Once the carrots are soft, your chili is good to go.

Lessons Learned

  1. Cutting onions makes you cry and your clothes stink.  Don’t wear nice clothes when cutting them.
  2. V8 is a weird ingredient, but it really works.  Trust the process.
  3. If the portion proposed is too big, cut all the ingredients needed in half and go from there.
  4. Anyone can make an amazing chili, even a kitchen dunce like myself.  I wish I had this recipe in college.

Let me know if you try it out, I’ll be happy to answer any questions if you do.  If you decide to use this recipe, tell me how it works out, insha’Allah.

Siraaj is the Operations Director of MuslimMatters as well as its new lead web developer. He's spent nearly two decades working in dawah organizations, starting with his chapter MSA in Purdue University, and leading efforts with AlMaghrib Institute, MuslimMatters, and AlJumuah magazine. Somewhere in there, he finds time for his full-time profession as a software engineer in Silicon Valley. He holds a bachelor's in Computer Science from Purdue University and a Master's certificate from UC Berkeley. He's very married and has 5 wonderful children

41 Comments

41 Comments

  1. Avatar

    UmmOsman

    November 3, 2009 at 7:12 AM

    Assalamo elikuim
    Jazak Allah khair Brother for the wonderful recipe – my kids will love it.

    “Cutting onions makes you cry and your clothes stink”

    So true. Being a Desi we use onions in everything , except desserts :).
    What I ussually do is cut the onions in half and leave them for 5-10 min before I need to slice them- this takes the edge off it and when you slice them , no tears Inshallah.

    Wasalam
    UmmOsman

    • Avatar

      abu abdAllah Tariq Ahmed

      November 3, 2009 at 1:48 PM

      Onions can be sweet, too, alhamdolillah: sweet/spicy onion jam. I tried it, and it is the most amazing jam you’ll ever try (at least in this world).

      May Allah subhanahu wata ala cause your daughter to be a great blessing for your family.

    • Avatar

      Amatullah

      November 5, 2009 at 8:28 PM

      JazakAllahu Khair for the tip

  2. Avatar

    Farhan

    November 3, 2009 at 9:11 AM

    I expect to cook a little less than ~50% of the time for my fiancee-to-be-wife, in sha Allah. I’ve been looking for recipes online.
    http://www.desicookbook.com !!!

    • Avatar

      Ahmad AlFarsi

      November 3, 2009 at 9:20 AM

      weak :) … akhi, by such statements, ur giving our wives unhealthy ammunition. stop. :)

      • Avatar

        ummaasiyah

        November 3, 2009 at 9:38 AM

        Sometimes we like food that ISN’T cooked by us…it can get a little boring after a while…after all, variety is the spice of life! (pun intended) :D

      • Avatar

        Hassan

        November 3, 2009 at 10:55 AM

        I also take responsibility of cooking food, and always I outsource it to some restaurant.

        Same goes for cleaning home, sometimes I clean, by bringing cleaning services.

        I think both should be credited for me delivering what is needed.

        • Amad

          Amad

          November 3, 2009 at 11:56 AM

          Hey it doesn’t matter who does it, as long as it’s done. Especially the thought of eating food made by Hassan, esp. after you read a post from me on terrorism, is quite scary. Shalamar zindabad anytime.

          Mashallah Hassan, I am glad that you have progressed in your marriage. The last time I checked you counted your contribution thus: “My wife cooks, I eat. My wife washes, I dirty. My wife irons, I wear”.

  3. Avatar

    no more tears

    November 3, 2009 at 10:43 AM

    let the onions soak in a bowl of water before cutting, it will take the cry out of them
    u can also keep them in thge fridge, cold onions make u cry much less than regular ones

  4. Avatar

    Sista

    November 3, 2009 at 11:50 AM

    I clicked on the title expecting a mouth watering picture.! lol
    nice recipe, will try it soon InshAllah :)

  5. Amad

    Amad

    November 3, 2009 at 11:57 AM

    Btw, Siraaj, how many brownie points have you earned via MM? We should start charging all husbands per brownie point earned here.

  6. Avatar

    ilmsummittee

    November 3, 2009 at 12:33 PM

    Subhanallah, what a coincidence! Just coming across this, after our first time cooking chili yesterday and it turned out to be great! walhamdulilah

    Especially with the cold coming…..chili is a very warming bowl.

    For the recipe I used, it called for : ground beef, onions, green and hot peppers, packet of chili seasoning, cilantro [optional], freshly cut tomatoes, can of kidney beans, and can of tomato sauce (or V8); but again there are like a million different ways of cooking this.

    By the way, Barakah Allahu lakuma fee Taymiyaah, May she grow up to be a pious and obedient daughter and a coolness to both your eyes. Ameen :)

  7. Avatar

    Abd- Allah

    November 3, 2009 at 12:43 PM

    Akhi Sirraj, BaarakAllah for you and your family in your new daughter Taymiyyah, and may Allah make her grow up into a righteous Muslimah.

  8. Avatar

    Iesa Galloway

    November 3, 2009 at 1:20 PM

    Mabrook Bro!

    May Allah protect your family and make them a source of blessing for you in this world and the next, as well as you a source for them! – Nice start BTW!

    I am a HUGE chilli fan… a Texan can convert, but we still love TX-Mex! (Halal that is :))

    Iesa

  9. Avatar

    LILayla

    November 3, 2009 at 2:57 PM

    As Salaamu Alaykum…

    May ALLAH bless you brother. I didn’t notice if anyone suggested it but if you like the chili so much try making a double batch and freezing half. It will be great on those days that both of you are just floored and can’t imagine cutting up an onion. Just let it cool and place it in a freezer bag. It should keep for a couple months, inshaaLLAH.

  10. Avatar

    Siraaj

    November 3, 2009 at 4:08 PM

    Salaam alaykum everyone,

    Jazakallaah khayr for the du’aas on my new daughter Taymiyyah, ameen to all of them :D I will also take all suggestions about cry free onions and try them for the next time I make this recipe, insha’Allah.

    Amad, most men do not acquit themselves well when it comes to brownie points – what they do artificially, I do naturally, and not due to a subconscious whip ;)

    Siraaj

    PS – my daughter was born 10/10, this article written a little after that, so it really wasn’t “last week”.

  11. Avatar

    Masculinist

    November 3, 2009 at 4:17 PM

    You woman.

    • Avatar

      Holly Garza

      November 4, 2009 at 9:11 AM

      for wanting to eat? Man I certainly hope you never become woman-less! You’d surely starve

  12. Avatar

    Ibn Masood

    November 3, 2009 at 5:18 PM

    How sneaky… I imagine you want your grandson to be called ‘Ibn Taymiyyah’

    • Avatar

      Ahmad AlFarsi

      November 3, 2009 at 6:37 PM

      lol, i was thinking that too :)

    • Avatar

      Siraaj

      November 4, 2009 at 2:14 PM

      Can’t sneak anything past you, that’s for sure :D

      Siraaj

  13. Avatar

    UmA

    November 3, 2009 at 9:41 PM

    Mabrook on the birth of another girl ma sha Allah. Do you have a biography of the original Taimiyyah?

    • Avatar

      Siraaj

      November 4, 2009 at 2:14 PM

      Don’t have a biography, only know that she was named Taymiyyah because her father thought she looked like a woman from Taym.

      Siraaj

  14. Avatar

    i heart kraft

    November 4, 2009 at 3:47 AM

    The BEST website for a beginner or even an experienced cook is the kraft foods website. It not only has delicious recipes but plenty of times they have a demo video showing you exactly how its done step-by-step. The website has recipes for everything from desserts, main courses, appetizers, health conscious meals, budget friendly meals, to holiday meal planning guides & Money saving tips when grocery shopping. It literally has everything covered. Plus, if you sign up for their email list, they’ll occasionally send you coupons for their products as well.

    I can honestly say that it has saved me time and time again. When I have to make something and I need a little inspiration, I go on there and browse through all the options for numerous ideas. Dont know what you want to make or eat? thats fine too…just check it out. It’s such a great website. (I sound like I’ve been paid to endorse the product, hah!)

    check it out for yourself: http://www.kraftfoods.com/kf/Pages/home.aspx

  15. Avatar

    Holly Garza

    November 4, 2009 at 9:16 AM

    Asalaamu Alaikum Siraj I love this recipe post. I make my own chili as well but I never tried to add the cashews and V8 so I’m glad you added the bit about ‘trusting the process’ because I may not have been encouraged. JazakAllah Khayer for sharing

    Also JazakAllah to all the brothers and sisters who gave tips on the onion stentch and crying avoiding. It’s really Helpful as a woman, a picky one, I feel there is nothing worse than smelling. I have to not stink nor do I like teary eyes in the kitchen so Thanks for sharing everyone.

    • Avatar

      Siraaj

      November 4, 2009 at 2:13 PM

      As it so happened, the day I cooked was the night I totaled my car, and I didn’t realize how bad I smelled til I got out of the house, so I kept apologizing to the medics and nurses for smelling like an onion (otherwise, it’s just bad daw’ah).

      Siraaj

      • Avatar

        Holly Garza

        November 4, 2009 at 5:11 PM

        what?! You totaled the car! Are the kids, Liv, and you okay? well obviously….I wouldn’t worry about it, I’m sure rescue has seen worst

        • Avatar

          Siraaj

          November 5, 2009 at 11:45 AM

          Alhamdulillaah, wife and kids were NOT in the car when it happened, just me alone, and alhamdulillaah, no harm done. Here’s a souvenir:

          http://twitpic.com/ljzfx

          • Avatar

            Holly Garza

            November 5, 2009 at 11:59 AM

            SubhanaAllah, Thank God you came out fine and the wifey and babies were not in there.

  16. Avatar

    Omar

    November 4, 2009 at 4:55 PM

    So InshaAllah you want to have a grandson called Ibn Taymiyyah … nice

  17. Avatar

    Abu Rumaisa

    November 5, 2009 at 12:36 PM

    Keep water running or a large bowl of water nearby when cutting onions.

  18. Avatar

    Abu AbdurRahman

    November 6, 2009 at 7:56 PM

    With all this fitnah Siraaj is spreading, I’m gonna inshaAllah make sure my future wife hasn’t read MM….

    • Avatar

      Umme Ammaarah

      November 7, 2009 at 6:28 AM

      :) I’m sure if a girl read this, she wouldn’t wanna BE ur future wife….. what say?

  19. Avatar

    abu abdAllah Tariq Ahmed

    November 7, 2009 at 12:46 AM

    I reread the recipe — all the salt seems to come from the V8. Since most varieties of V8 are very high in salt, I was wondering if any of you have ever cooked with low-sodium V8? If it worked just as well, that would allow a cook to add as much salt to the recipe as taste required.

  20. Avatar

    Amatullah

    November 7, 2009 at 8:12 AM

    I’m a little late in sending out the congrats but mubarak Siraaj on the new addition to your family :) I hope your wife is doing well. May Allah bless you and your family and grant you all that is good in this life and the next. Ameen.

    I love the name you’ve picked mashaAllah, and your older daughter and I have something in common :D even though mine is kinda fake.

  21. Avatar

    Umm Uthmaan

    November 8, 2009 at 4:47 AM

    Mabrook on the latest addition. Keep these recipes coming. Do u have one for meatloaf?

  22. Pingback: Some Advice for Muslim Husbands on Giving Your Wife a Break | MuslimMatters.org

  23. Avatar

    Zeshan

    March 22, 2017 at 7:47 AM

    JazakAllahu Khair for the tip. I will must make food for my wife. Thats why iam following this Pakistani Food site https://www.sooperchef.pk/. They providing us recipes as well as quick cooking videos

  24. Avatar

    saba

    March 22, 2017 at 7:55 AM

    Nice recipe I will try this one for my husband. Thanks for effort for us.

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#Islam

Reflections on Muslim Approaches to the Abortion Debate: The Problem of Narrow Conceptualization

American Muslims must go beyond simplistic and emotionally-charged approaches to the abortion question.

Shaykh Salman Younas

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Abortion

“Islam is the golden mean between all ethical extremes’ is what certain Muslims would assert… This moral assumption isn’t far from the truth.”

Shaykh Abdullah Hamid Ali in A Word on Muslim Attitudes Toward Abortion

“The golden mean is kind of a summit, and it is a struggle to get there. The ego does not want balance because you have to think and make sacrifices.”

Shaykh Abdal Hakim Murad in Paradigms of Leadership (6)

A few months ago, Governor Kay Ivey signed into law House Bill 134, or the Human Life Protection Act, which prohibited all abortion in the state of Alabama except in cases where it was deemed necessary to prevent a serious health risk to the mother. The bill additionally criminalized abortion or any attempt to carry it out in situations deemed non-necessary. A motion to exempt rape and incest victims from this law was defeated in the Alabama state senate, which give the state the (dubious) distinction of possessing one of the most restrictive abortion laws in America. This move by Alabama to place extreme restrictions on abortion followed a spate of similar legislative moves by other states, such as Georgia, Kentucky, and Mississippi.

This escalation in anti-abortion legislation occasioned intense debate within the Muslim community.[1] Muslims who self-identify as progressives chanted the familiar mantra of “my body, my choice” to affirm a notion of personal rights and bodily autonomy in defending a woman’s right to choose. The ideological underpinnings of this view are extremely problematic from a theological perspective, and the practical policies arising from it that sanction even late-term abortions contravene the near-consensus position of classical jurists and is rightly seen as an assault on inviolable human life. For this reason, this essay will not pay any particular attention to this view.

Several people pushed back against this permissive attitude by arguing that abortion is essentially prohibited in Islam in all but the direst of situations, such as when the life of the mother is at genuine risk. This opinion has a sound precedent in the legal tradition and is the mainstream view of some of the legal schools, but it has often been presented in a manner that fails to acknowledge the normative pluralism that exists on the matter in the shariah and rather perniciously presents these alternative opinions as ‘liberal’ or ‘progressive’. Similarly, those who favour the more lenient view found in other legal schools are often seen characterizing the stricter opinion as ‘right-wing’ or reflective of the Christianization of Islamic law. Despite having legal precedent on their side, both groups engaged the abortion question in a manner that was rather superficial and fundamentally problematic.

Abortion

Did Jurists Only Permit Abortion in ‘Dire’ Circumstances?

I will begin this essay by offering a corrective to the mistaken notion that classical jurists only permitted abortions in cases of necessity, an assertion that has become very common in current Muslim discourse on abortion in America. One need not look much further than the Ḥanafī school to realize that this claim is incorrect. Though there are opinions within the school that only permit abortion before 120 days with the existence of a valid excuse, the view of several early leading authorities was that abortion was unconditionally permissible (mubāḥ) before this period and/or prior to the physical form and features of a fetus becoming clearly discernible.[2] In his encyclopaedic work al-Muḥīṭ al-Burhānī, Burhān al-Dīn ibn Māza (d. 616/1219) presents two main opinions on abortion in the school:

(i) It is permitted “as long as some physical human features are not clearly discernible because if these features are not discernible, the fetus is not a child (walad)” as per Fatāwā Ahl al-Samarqand. Some scholars asserted that this occurs at 120 days,[3] while others stated that this assertion, though incorrect, indicated that by discernibility jurists intended ensoulment.[4]

(ii) It is disliked because once conception occurs, the natural prognostication is life and so the fetus is granted this ruling at the moment of conception itself. This was the view of ʿAlī ibn Mūsā al-Qummī (d. 305/917-18).[5]

The first opinion of unconditional permissibility was not a solitary one in the school. It was forwarded by many of the foremost Ḥanafī authorities, such as Ḥussām al-Dīn ibn Māza (d. 536/1141),[6] Raḍī al-Dīn al-Sarakhsī (d. 575/1175),[7] Jamāl al-Dīn al-Ghaznawī (d. 593/1196),[8] Zayn al-Dīn al-Rāzī (d. 666/1267),[9] ʿAbd Allāh ibn Maḥmūd al-Mawṣilī (d. 683/1284),[10] Fakhr al-Dīn al-Zaylaʿī (d. 743/1343),[11] Qiwām al-Dīn al-Kākī (749/1348),[12] Jalāl al-Dīn al-Khawārizmī (d. 767/1365),[13] Kamāl ibn al-Humām (d. 861/1457),[14] Muḥyī al-Dīn Jawīzāda (d. 954/1547),[15] Muḥammad ibn ʿAlī al-Ḥaṣkafī (d. 1088/1677),[16] and several others.[17] The reasoning underlying this view was that prior to a specific period (whether defined by days or by fetal development), a fetus is not a ‘child’ or ‘person’.[18] Therefore, no ruling is attached to it at this stage.[19]

Another opinion in the school, and one that has gained wide acceptance amongst contemporary Ḥanafī jurists, argued that abortion prior to 120 days was disliked and sinful unless carried out with a valid excuse. This view was most famously expressed by Fakhr al-Dīn Qāḍīkhān (d. 592/1196) in his Fatāwā and subsequently supported by the likes of Ibn Wahbān (d. 768/1367),[20] Ibn Nujaym (d. 970/1563),[21] and Ibn ʿĀbidīn (d. 1252/1836).[22] These sources, however, do not define or fully flesh out what constitutes an excuse, sufficing mainly with a single example as illustrative of a case where abortion would be permitted, namely when a woman ceases to produce milk on account of pregnancy and her husband is unable to provide an alternative source of sustenance for their child and fears his or her perishing. Cases of rape, incest, adultery, and other possible excuses are not discussed by most of these authors, and it is not clear whether they would have deemed these valid excuses or not.[23]

The Ḥanafī school, therefore, had three main opinions on the issue: unconditionally permissible prior to a specific time period; unconditionally disliked; and conditionally permissible prior to a specific time period. Of the three, the first view seems to have been the dominant one in the school and held by multiple authorities in virtually every century. The view of conditional permissibility was also a strong one and notably adopted by several later jurists. It is also the view that has gained currency among modern Ḥanafī scholars who are generally not seen forwarding the view of unconditional permissibility.

Some Contemporary Views on Abortion

A wide range of opinions is also found in the discourse of contemporary jurists. Shaykh Muṣṭafā Zarqā (d. 1999) presented a gradated scheme where abortion prior to 40 days was permitted without a “severe excuse”, which included “undertaking necessary travel where pregnancy and giving birth would prove a hindrance, such as for education or for work that requires a couple to move.”[24] He also considered financial strain arising from a child as a valid excuse during this limited time period. According to him, the threshold for a valid excuse would become higher as the pregnancy proceeded beyond 40 days.

Muftī Maḥmūd Ḥasan Gangohī (d. 1996), one of the foremost scholars of the Deobandī school, permitted abortions when conception occurred out of wedlock (zinā).[25]

Muftī Salmān Manṣurpūrī states emphatically that the basis is that abortion is impermissible unless there is a valid excuse before 120 days, such as the life of the mother being at risk, serious consequences to her general health, an actual inability to bear pregnancy, clear harm or danger to one’s current children, and adultery, but not fear of economic difficulty nor the decision not to have children.[26]

In Fatāwā Dār al-ʿUlūm Zakariyya, Muftī Raḍā’ al-Ḥaqq states that a fetus diagnosed by medical professionals with an incurable and serious disorder that will prove to be an extreme burden on the child and its family is permitted to abort prior to 120 days as per the Islamic Fiqh Academy in Mecca.[27] Elsewhere, he divides pregnancy into three stages. The first stage is when the general form and facial features of the fetus take shape but prior to the formation of its limbs. At this stage, it is permitted to carry out on abortion with a valid and established excuse, such as the fetus suffering from a “dangerous hereditary disease”, “physical abnormality/deformity”, the life of the mother being at risk, or reasonably-established fear of the mother’s “physical and mental health” being impacted. The second stage is when the limbs of the fetus are clearly formed and discernible, and the third stage is after 120 days. In both these stages, the respected Muftī rules that abortion is not permitted except in cases of necessity, such as saving the life of the mother.[28] The permission to abort the fetus is also extended to cases of rape.[29]

Mawlānā Zubayr Aḥmad Qāsmī (d. 2019), a founding member of the Islamic Fiqh Academy, India, argued that the permission to carry out an abortion before ensoulment (even after discernibility) is not simply restricted to cases of necessity (ḍarūra) but includes cases of need (ḥāja), which broadly includes “any situation that entails bodily or psychological harm for the parents or the child and is a cause for continual distress.”[30] Examples of valid excuses include “danger to the general health, mental health, or life of the mother”, pregnancy resulting from rape or fornication (so long as it is not someone who has engaged in the latter habitually), the strong possibility that the child will be born with serious physical abnormalities or defects as determined by a medical professional, and the genuine inability of the parents to raise and maintain/sustain more than one child without it negatively impacting their current children.[31]

Mawlānā Khālid Sayf Allāh Raḥmānī states, “Essentially, abortion is impermissible in Islam, and there is no time period in which it is acceptable to abort a fetus. However, this impermissibly has degrees. In the first scenario (i.e. post-ensoulment) it is a grievous sin and categorically prohibited; in the second scenario (i.e. pre-ensoulment but post-discernment of limbs) it is lesser than this; in the third scenario (i.e. before features/limbs become discernible) it is relatively less severe than the previous two.” He then goes on to rule that abortion is not permitted for the following reasons: not desiring more children; conception out of wedlock; or being physically or mentally unable to care for a child, since others may be able to do so. Excuses that permit abortion before ensoulment include a doctor concluding with reasonable-surety that the child will suffer from a dangerous hereditary disease, physical abnormalities, and deformities, and the life of the mother is at serious risk.[32]

There are stricter views than some of those mentioned above, especially from non-Ḥanafī scholars. Shaykh Hamza Yusuf, taking the Mālikī school as his basis,[33] has argued that abortion before 40 days is prohibited “with rare exception.”[34] This view of impermissibility is also held by Shaykh Yūsuf al-Qaraḍāwī although he allows for a dispensation to be given to victims of rape.[35]

Shaykh ʿAbd Allāh ibn Bayya also deems abortion at all stages of pregnancy to be sinful to varying degrees except in situations where the life of the mother is at risk.[36]

Shaykh Wahba al-Zuhaylī (d. 2015) ruled that abortion was impermissible from the moment of conception “except in cases of necessity” such as being afflicted with cancer or an incurable disease.[37]

Framing the Problem: Basic Levels of Engaging the Law

The discussion so far makes one point quite evident: there are an array of opinions on the issue of abortion ranging from the extremely restrictive to the more permissive. Though ‘difference of opinion’ (ikhtilāf) has generally been viewed as one of the outstanding and unique features of Islamic legal discourse, it is precisely the range of views that exist in the tradition on abortion that partly plays a role in the problematic approaches to the issue seen amongst certain Muslims. It is not so much the differences themselves that are the issue, but the manner in which particular opinions are selected by individuals who subsequently propagate them to the community as binding doctrine.

To better understand this, one can broadly identify four basic levels of engagement with religious law applicable to Muslim leaders and scholars in the West in the context of the abortion issue,[38] which often overlap with one another: (a) personal, (b) academic, (c) fatwā, public preaching, and irshād, and (d) political.

(a) The Personal

The ‘personal’ level concerns an individual’s own practice where he or she can follow the legal school (or trusted scholar) of their choosing or decide on the rulings that govern their lives when possessing the ability to do so. This level does not directly concern anyone but the individual himself.

(b) The Academic

The ‘academic’ level in the current context refers primarily to a process of study, reflection and deduction, and research to arrive at a personal conclusion regarding some aspect of the law that is undertaken in conversation with a guild of peers and not the general population. Such academic activity is often theoretical, abstract, and conceptual, and even when it addresses more practical concerns, it constitutes a general articulation of an opinion, not an individualized responsa, that others engage with as members of a scholarly class. This scholarly class includes the ʿulamā’ and others whose input is relevant to a particular issue.

(c) Fatwā, Irshād, and Public Preaching

The realm of fatwā is exclusively for a qualified scholar. Here, the scholar enters most directly into the practical implementation of a legal ruling. Fatwā does involve an academic process, and it is often conveyed by a jurist as a universal ruling in accordance with his academic conclusions. However, the practice of fatwā is commonly understood as an answer directed by a qualified jurisconsult (muftī) to an individual (mustaftī) who requires guidance on a particular religious matter. The jurisconsult providing said individual with an answer is now tasked with translating the abstract, theoretical, and academic into a practical solution, which requires taking into account the circumstances of the questioner.[39]

The delicateness of this matter has led some scholars to compare the relationship of a jurisconsult with the questioner to that of a doctor and his patient.[40] Indeed, the answer that a scholar provides a questioner may not be fully in accordance with the theoretical and abstract conclusions the former has reached in an academic setting, it may disregard an opinion that the jurisconsult otherwise deems a valid legal interpretation because its application is not appropriate in the specific case at hand, it may be strict or lenient, in accordance with the legal school of the scholar or a dispensation from another, and it may be inapplicable to anyone but the questioner. Further, a fatwā is non-binding (unlike a judicial court ruling) and does not negate other valid opinions or peoples’ choice to follow them. This is important to note in contexts where a fatwā is issued to communicate a universal rule.

In many cases, the answer that is provided to a person is not presented as a fatwā but merely a form of religious advice or irshād. Though there is presumably a difference between these two concepts, they are sometimes indistinguishable in a Western context. Irshād has a seemingly less formal quality to it, and it can be offered by a non-scholar though the prerequisite of sound knowledge still remains. Like fatwā, the proffering of religious advice and guidance can assume a more public form and have an academic flavour to it. The articles written by non-scholars on the blogosphere, lectures and speeches delivered by speakers, and religious counsel extended to others falls within this general category of irshād. For those in leadership roles, the public nature of their work means that high standards are required even here when it comes to addressing and conveying religious issues of a complex or delicate nature.

(d) The Political

If the issuance of a fatwā and providing religious advice is a delicate matter, the process of forming, advocating for, and/or enacting laws on the political level is far greater in this regard. Such laws are made in the context of human societies and affect large swaths of people who objectively vary in their circumstances – individual, social, religious/ideological, and economic. Unlike a fatwā or irshād, once a law has been settled upon by the state, it becomes binding upon an entire population and any reasonable alternative ceases to hold validity in practice at least until the law is reviewed and amended. Exemptions are only tolerated when affirmed by the law itself. Further, law interacts with and influences society in complex ways. This is true for all forms of law, not just ones that are state-enacted.

A core question in legal philosophy is what the law ought to be or what makes a law good. The ‘good’ is a moral concept and might be described as one that is essentially contested in so far as people differ over its conception and the criteria for its application. Some emphasize the consequences of a rule (consequentialism), while others favour a deontological moral ethic or one that is virtue-centred. Each of these families of theories subsume within them further particular theories that differ with one another. There are also considerations of fairness, equity, distributive justice, enforceability, practicality, and/or efficiency that those evaluating the law might assign significant value to. These notions of morality and the good influence policy-making and legal systems.

How do Muslims approach this issue? Islam is viewed by Muslims as a comprehensive moral and philosophical system where the moral value of an act is determined by the divine will. It is the commands and prohibitions of God that render an action good or evil, and under this divine command theory, revelation is the primary source for moral knowledge.[41] However, this legal notion of moral value is not as straightforward as it sounds since a significant number of legal rulings are probabilistic in nature and differed upon. Consequently, the moral value attached to these rulings lack a decisive character, which engenders a plurality of moral outlooks. This pluralism is an indelible feature of the tradition itself creating a paradox whereby Muslims can affirm that good and evil are known through revelation, while recognizing that differences concerning moral judgments are part of the moral vision of revelation itself.

This raises important questions regarding the political approach a minority Muslim population in the West might take regarding the abortion issue. Should Muslims seek to accommodate a pluralism justified by tradition and avoid commandeering the state to coercively impose laws that negate the right of people to follow an acceptable and mainstream Islamic legal opinion?

Should Muslims simply support restrictions on abortion practices that contravene the consensus position of Islam? Or should Muslims seek to promote an opinion, or some combination of opinions, among those found in the legal schools on the basis of a reasonably defined criteria that assesses the issue holistically from the perspective of the theological, legal, ethical, and the public good?

Indeed, there are many classical opinions whose validity scholars did not accept, others that were prima facie valid but not put into practice, and classical jurists themselves erected systems to keep a check on legal chaos resulting from people being allowed to arbitrarily follow any opinion with a basis in precedent. Yet, Muslim societies always tolerated differences of opinion, and for most of its history, people living in these societies had recourse to various scholars from multiple legal schools. Unlike the centralizing and homogenizing tendencies of the modern nation-state, Islamic law was centrifugal and operated on a grass-roots level to produce self-governing societies. In many periods, this diversity was even found in judicial settings where courts were established for each of the legal schools. This was extended to non-Muslim populations living under Islamic governments as well who were accorded a high degree of autonomy. While this might strike some as a thing of the past, a nostalgic yearning for a bygone era, there are many lessons the community can draw from the attitudes and approaches of past societies.

In a political context, the notion of the ‘public good’ (maṣlaha) is particularly relevant given the scope and consequences of legislative actions, but it is a notoriously complicated one to pin down and, like the ‘good’, might be described as essentially contested. Even the basic question “who will this law or opinion impact, and in what manner” takes one into a complex maze of considerations and perspectives that demand careful attention and thought. It is hard to imagine any informed answer to this question without the input of a variety of experts. While Muslims are not quite in a position to craft legislation, influential religious activists and scholars who advocate for specific legislation and/or discourse on it to the wider community should keep the above points in made for any advocacy that proceeds in the name of religion is one that must be approached with care and seriousness.

Abortion

Identifying the Problem: Beyond Personal Preferences, Emotions, and Selective Madhhab Picking

With this framework in mind, it is now possible to identify a major problem in current American Muslim discourse on abortion, which is that it does not meaningfully engage any of the levels described above save the personal. The distinction between these various engagement contexts is hardly recognized. Most public discourse on abortion promotes one traditional opinion over another based not on a rigorous standard that is grounded in revelation, theology, legal theory, ethics, the public good, and a keen awareness of human nature, the individual, political, social, and ideological currents and factors, historical trends, and the challenges of the contemporary world, but seemingly on personal opinions based on little more than a reaction to a perceived ideological threat, individual proclivities, or pure taqlīd. The mainstream opinions of the legal school simply act as tools of legitimation for one’s personal view.

The Problem of Imposition

On a personal level, this is not a problem per se, and people have their reasons to select certain views as opposed to others and even vociferously promote them in some limited capacity to friends, colleagues, or family over a session of tea or a short-lived social media feud with random individuals. However, for those in positions of leadership and influence, this cannot be the basis for a fatwā, general communal irshād, or public advocacy impacting millions of people. The imposition of the personal onto these areas in this manner is both ill-advised and potentially harmful. Even the conclusions reached by a scholar on the basis of sound academic research may be put aside in these contexts, i.e. fatwā and political activism/legislation, when the scholar feels that competing considerations and interests demand so. Thus, a scholar may believe in a reading of revelation that is extremely restrictive on abortion but recognizing the probabilistic nature of his interpretation and the variety of individual circumstances, the ethical norms of ease and warding off hardship, profound societal and economic changes, complex and strained community and family structures, the advice of other experts, and the general public good chooses not to advocate for this view as a matter of policy to be implemented as law or provided to a specific individual as a legal edict.

The Sunna Imperative for Leniency, The Lack of Depth of the Lenient

It is often forgotten that a peculiar response by some classical jurists to the degenerated state of society was not in toughening up legal prescriptions but relaxing them: “Our time is not one of avoiding the doubtful (shubuhāt), meaning if a person only avoids the impermissible, it is sufficient.”[42] This was an ethical consideration influencing the judgment of the jurist who saw it not as compromising religion nor a dereliction of his duty but part of the guidance of the sunna itself where facilitating the affairs of people was deemed important.[43] As Shaykh Abdal Hakim Murad states commenting on the instruction of al-Birgivī (d. 981/1573) not to give the laity the more difficult opinion on an issue validly differed upon:

This, of course, is a Prophetic counsel. The ego doesn’t always like giving people easy options because we assume it is because of our laziness or some kind of liberal Islam. For al-Birgivī it is taqwā to give the ordinary Muslims the easier interpretations… but nowadays, we tend to assume that the narrower you are, the less compromises you make, the more the West will be angry and, therefore, the better the Muslim you must be.[44]

The Prophetic counsel that Shaykh Abdal Hakim refers to is known to many: “Make things easy and do not make them difficult.” This attitude of facilitating matters for people, granting them leniency, and not repulsing them with harshness and difficulty is a part of Islam. As Imām al-Shāṭibī stated, the removal of hardship (rafʿ al-ḥaraj) is a decisively established foundational principle in the shariah.[45] From this foundational principle arises some of the most important legal and ethical principles in the Islamic tradition, such as hardship necessitates ease, there is no harm nor reciprocating harm, harm is lifted, the lesser of two evils, taking into account the consequences of an act, custom as a source of law, and more. In fact, some jurists opined that when the evidence for an issue was contradictory or conflicting, the more lenient opinion was to be given preference due to the generality of revelatory texts affirming ease in the shariah.[46]

But there is a problem. Many of those who promote and relay the lenient Ḥanafī opinion of unconditional permissibility approach it in a manner that lacks substance. On the academic plane, even basic questions regarding this position are not addressed or understood, much less entertained. Take, for example, the difference between the statement of Ḥanafī jurists that abortion is impermissible after the physical features of the fetus become discernible and the statement of others in the school that this impermissibility comes into effect after a 120-day period. Are these the same? Who in the madhhab held these positions? Is there a clear preference for one or the other? How was discernibility understood? What features needed to be discernible? Did discernibility refer to what is normally observable by humans or to what is discernible by modern embryogenesis? How have contemporary jurists addressed this issue? Then there is the matter that one is hard-pressed to find a single contemporary Ḥanafī jurist who favours the view of unconditional permissibility. What does this reveal about this opinion and the possibility of critically evaluating past opinions that fall within the scope of differences of opinion?[47]

These questions largely fall within the parameters of an intra-school discussion and do not even begin to address the broader social and political considerations mentioned earlier.

Here, the sheer fact that there were over six-hundred thousand abortions reported in America in 2015, the latest year for which statistics exist from the CDC, should be alarming to people and cannot be callously dismissed.

Though the overwhelming majority of these occurred well within a 120-day period (≤13 weeks’ gestation, which is measured from the first day of the woman’s last menstruation and not from the day of conception), most of those who obtained these abortions were unmarried women who did so in non-dire circumstances.[48] The culture of sexual freedom out of which the abortion movement emerged and its ideological grounding in notions of bodily autonomy and personal choice cannot be ignored in this discussion.[49] Nor can the devaluing of family and motherhood,[50] the practice of female foeticide, the increasingly materialistic outlook of society, and its mechanistic view of human beings.

Additionally, some Muslims seem largely oblivious to the fact that abortion politics link to many other issues that have little do with abortion itself, such as assisted suicide or end-of-life care. In a famous district court case on assisted suicide, Compassion in Dying vs. Washington, it was Planned Parenthood vs. Casey that was cited as an important precedent to rule that a ban on physician-aided suicide was unconstitutional.[51] Clearly, it is not sufficient to make simplistic appeals to leniency to justify promulgating an opinion that leads to such wider consequences. Abortion, in other words, cannot be treated as a ‘stand-alone’ issue with little or no relation to a broader philosophical outlook that downplays a sanctity of life ethic.[52]

Thou Shalt Make No Exceptions, But Should We?

Many of the issues highlighted in the previous paragraph raise serious theological and ethical concerns for Muslims and should push them to reflect on the type of society they wish to create and sustain in America. Is the abortion movement today in line with the moral vision envisioned for society by God and His Prophet (blessings upon him)? Clearly not. But while the seriousness of this crisis cannot be understated, a core question, at least in the context of this debate, is often missed: if it is misplaced and dangerous to forward the most lenient opinion in this context, in what way does the strictest possible position on abortion where exemptions are not even extended to victims of rape and incest ameliorate the current situation? Or to put it differently, how do these social and ideological problems make the strictest possible opinion on abortion the most appropriate one to adopt for the individual and society?

The answer to this question is not usually satisfactorily provided. Generally, such a view returns to a genuine moral belief one holds regarding a fetus being an inviolable living person. This moral belief may be grounded in a preferred reading of revelation, simple adherence to a specific legal school, a reaction to a perceived ideological battle framed in the language of pro-life vs. pro-choice, personal inclinations, or, as is usually the case, some combination of these factors. But the no-exception view is at least initially a personal view one holds, which is then forwarded as a broad religious and political solution. One may wonder why this is an issue. After all, why shouldn’t a person forward what he or she personally believes to be the Islamic ruling on an issue?

Certainly, this is expected especially when it concerns human life, but as stated earlier, it is problematic when that personal view, which it should be noted in this case lacks a decisive legal/moral character from a religious perspective, moves into the realm of fatwā and public advocacy without taking into account the many considerations required to make an informed decision in these areas. This is in addition to the fact that those who hold this view feel perfectly within their rights to tell others to set aside their personal moral views permitting abortions precisely in view to a broader context.

Here, it is worth sharing the response given by Shaykh Yūsuf al-Qaraḍāwī when he was asked about abortions for Bosnian Muslim women who were raped during war. After mentioning that his basic view is that abortions are impermissible “from the moment of conception” and “this is what we give preference to”, he states:

However, in cases of need, there is no harm in taking one of the two alternative views (i.e. permissibility before 40 or 120 days), and whenever the excuse is more severe, the dispensation will be more established and manifest, and whenever it is before the first 40 days, it is closer to dispensation.

We know that there are jurists who are very strict on this matter and do not permit abortion even a day after conception… but what is most preferable is a middle path between those who are expansive in granting permission and those who are excessively strict in prohibition.[53]

This is, of course, how knowledge and fiqh operate. They do not merely float around in the world of the abstract but address a complex world of real people, which in the context of fatwā, irshād, and politics often requires setting aside individual feelings and personal adherences to particular legal opinions: “Know that this ikhtilāf [between scholars] may be a reason to provide facilitation and ease, which is one of the higher aims of the shariah affirmed by the unequivocal text of the Qur’an and sunna.”[54]

Too often, many of those who vociferously promote the strictest view on abortion address the issue on the level of the abstract and then transfer it to the practical realm with little further thought. Take, for example, the argument that Muslims should oppose the legalization of abortion because a majority of abortions are due to economic anxiety or a feeling of unreadiness, which in turn return to the increasingly materialistic outlook of society and crumbling family structures.

This materialistic outlook and erosion of the family must be remedied. However, no justification is ever furnished as to why a no-exception abortion stance is the best method to address this social problem, and there is almost no focus on the individual. It never crosses the mind of the proponents of this view that it is the very fact that society is materialistic to its core and the family lay in ruins that causes economic anxiety and feelings of unreadiness to be felt much more palpably and intensely by young, unmarried, pregnant women.

Web MD

By largely confining their analysis and presentation of the issue to ‘materialism’, ‘decay of family’, ‘feminism’, etc., proponents of the restrictive view (inadvertently) divert attention away from the lived realities of people. This leads to neglecting the more concrete conditions and circumstances people are subject to, such as poverty, unemployment, drug abuse, poor health, psychological issues, sexual abuse, incarceration, social inequality and stratification, and the varying abilities of people to cope with life pressures and struggles. This focus away from the individual produces an unsympathetic, even antagonistic attitude, where the solution favoured is uncompromising and rigid. The ethical is erroneously conflated with strictness even though it might entail leniency in recognition of individual and social conditions.

To take one example where these broader considerations come into play, take the issue of pregnancy resulting from rape. Though statistics regarding rape are inconsistent because the crime is so underreported, it is safe to say that hundreds of thousands of women are victims of rape every year with tens of thousands of these rapes resulting in pregnancy (approximately five percent).[55] A significantly high number of rape victims are under eighteen with many actually being under the age of twelve.[56] Victims of rape spend many weeks simply recovering from physical injuries and managing mental health symptoms, which can remain with them for years. Beyond the physical and psychological symptoms common after rape, if a rape victim decides to carry her child to term, she is forced to go through a lengthy and exhausting process to prosecute her rapist in a criminal court and contest custody in a family or dependency court.

The political and legislative context makes matters even more difficult. Not every state has legislation in place allowing for parental rights to be terminated for a rapist. Most states that do have such legislation in place require a criminal conviction of rape beyond a reasonable doubt, which is the highest standard of evidence possible, with several also requiring a civil court conviction by clear and convincing evidence that conception resulted from rape.

Some states require the rape to be of the first-degree, which is varyingly defined.[57] Generally, the chances of obtaining a conviction of first-degree rape are slim. Not only do rape crimes go unreported in a majority of cases,[58] there are numerous hurdles in the criminal justice system that disadvantage rape victims at every stage of the process, such as ‘rape myths’ that influence police, investigative officers, jurors, and judges.[59]

In most cases, a rapist will plead guilty to lesser crimes in order to avoid prolonged jail time, which would potentially allow him to gain parental rights in states requiring first or second-degree rape convictions for such rights to be terminated.[60] In view of this, one can state that the suggestion by some Muslims that abortion should not be permitted even in such contexts because a woman can simply put her child up for adoption is seriously misinformed and potentially harmful.[61] Is the correct solution in this context to support the most restrictive view on abortion?

Conclusion: Refining our Conceptualization & The Bigger Picture

American Muslims must go beyond simplistic and emotionally-charged approaches to the abortion question. This issue, like many others, cannot be properly addressed through a narrowly defined law, politics, or clash of ideologies narrative, especially at the level of individual fatwā, communal irshād, or political activism, advocacy, and legislation.

Nor can the wider community be shown direction on this issue, or have a course charted for them, merely on the basis of narrowly-informed personal opinions and proclivities neatly presented in the classical opinions of our choosing. Our approach must address the issue through real fiqh, namely deep understanding, where the question of abortion is tackled with an academic rigor that is cognizant of lived realities and is grounded in the ethics and guidance of revelation.

Today in America, a crisis we face is of an activism not based in, or guided by, real scholarship, and a scholarship that is wanting, uninspiring, and disconnected from those it seeks to guide. The first step scholars must take on this issue is to gain a proper and thorough conceptualization of the issue. No sound and effective conclusion can arise without such a conceptualization. This is true for any issue we find ourselves dealing with.

On the level of addressing the broader community, this is not an issue to be decided by an individual but a collectivity of minds coming together to exchange ideas and opinions. The laity should understand that American Muslims will not reach an agreement on this matter, and nor should we demand that they do. People will continue to forward different opinions and solutions. The progression of time will likely result in a plurality of acceptable views emerging within our context. This should not be met with confusion.

Muslims once lived in an age of ambiguity where opinions were confidently held but differences embraced. Today, we live in an age of anxiety, people with confused identities, threatened by modernity and various ideologies, so much so that “the only form of Islam [we] can regard as legitimate is a totalitarian, monolithic one” as Shaykh Abdal Hakim once remarked. Let us avoid this, allow for different perspectives, but demand higher standards from those who seek to guide us and speak on our behalf especially when the matter veers into a space that impacts people and communities in a very real way.

Finally, and most importantly, Muslims must break out of the mindset that social problems can simply be legislated away or solved through polemical battles waged on the internet against pernicious ideologies. The political and social are intimately intertwined, but it is all too common to see many Muslims neglecting the latter while imagining that the activities they are engaged in to address the political are actually meaningful and impactful. In fact, it is often detached from the real world, a mouthing of clichés and idle moralizing on social media platforms that elicits rage and fails to yield actual solutions on the ground. If television altered the meaning of being informed as Neil Postmann asserted, social media has undoubtedly taken things a step further by altering the meaning of ‘taking action’.

The erosion of family, the decay of morality, the rise of materialistic outlooks, the loss of higher purpose and meaning, and the devaluing of life must be addressed more directly through education, the creation of a real community, the nurturing and training of leaders who embody knowledge and wisdom, and the erection of structures that support peoples’ faith and anchor them in times of crisis. It should not be forgotten that these non-legal institutions play an important role in shaping behaviours and promoting social mores.

Muslims should learn from the many conservative Christian activists who, contrary to popular stereotypes, demonstrate an acute awareness of the struggles and anguish that many women contemplating abortion experience. As the prominent pro-life activist Frederica Mathewes-Green states:

This issue gets presented as if it’s a tug of war between the woman and the baby. We see them as mortal enemies, locked in a fight to the death. But that’s a strange idea, isn’t it? It must be the first time in history when mothers and their own children have been assumed to be at war. We’re supposed to picture the child attacking her, trying to destroy her hopes and plans, and picture the woman grateful for the abortion, since it rescued her from the clutches of her child.

If you were in charge of a nature preserve and you noticed that the pregnant female mammals were trying to miscarry their pregnancies, eating poisonous plants or injuring themselves, what would you do? Would you think of it as a battle between the pregnant female and her unborn and find ways to help those pregnant animals miscarry? No, of course not. You would immediately think, “Something must be really wrong in this environment.” Something is creating intolerable stress, so much so that animals would rather destroy their own offspring than bring them into the world. You would strive to identify and correct whatever factors were causing this stress in the animals.[62]

It is this realization, which arises from a perspective that looks beyond abortion as simply an ideological battle between ‘the feminist’ or ‘the liberal’, that generates a sense of empathy within many conservative Christian activists who are then motivated to assist women in concrete ways.

Take the example of Embrace Grace, a Texas-based non-profit organization, which describes its purpose as “providing emotional, practical and spiritual support for single, young women and their families who find themselves in an unintended pregnancy” and to “empower churches across the nation to be a safe and non-judging place for the girls to run to when they find out they are pregnant, instead of the last place they are welcomed because of shame and guilt.” Christians have set up hundreds of pregnancy care centers across the United States, which, despite issues of concern, provide resources and services to pregnant women. Various churches have set up support groups for single mothers and mothers-to-be, while the Christian Community Development Association (CCDA) has set out to confront systemic injustices in society that lead women to seek out abortions, such as poverty.[63]

Shaykh Abdal Hakim Murad said reaching the golden mean requires that we think and make sacrifices. It is time for leaders, thinkers, and scholars in our community to begin thinking more deeply and contemplatively about the issue of abortion in its various contexts, and it is time for our community to sacrifice their time, wealth, and energies in providing concrete solutions and remedies that demonstrate a true concern for both the unborn and the women who carry them.

God alone is our sufficiency.

[1] References to Muslims in this article should be primarily understood as referring to people in positions of leadership and influence. In this article, I discuss some of the technical aspects surrounding the legal debate over abortion, but my intent is to simply provide a brief overview of this aspect of the debate in order for a general audience to appreciate some of the complexities of the topic.

[2] Though the term fetus technically refers to the unborn after 8 weeks of gestation, many use it to refer to the unborn throughout the period of pregnancy. I will be using the latter convention for the sake of simplicity.

[3] al-Ḥasan ibn Manṣūr al-Farghānī, Fatāwā Qāḍīkhān, on the margins of Fatāwā Hindiyya (Bulāq: al-Maṭbaʿa al-Amīriyya, 1310 A.H.), 3:410.

[4] Ibn Māza himself framed the ruling in terms of ensoulment. He stated that jurists differed on the permissibility of abortion pre-ensoulment with some permitting it. He then cited the text of Fatāwā Ahl al-Samarqand, which only speaks of discernibility. Qāḍīkhān mentioned how the discernibility of physical features and limbs was “determined” by some as occurring at 120 days. Kamāl ibn al-Humām and others correctly pointed out that observation proves otherwise but proceed to state that the connection made between discernibility and ensoulment shows that scholars intended the latter when expressing the former. Ibn ʿĀbidīn, however, questioned this. I agree for several reasons: firstly, many jurists make no reference to 120 days or ensoulment when presenting this ruling; secondly, discernibility and ensoulment are clearly different stages during the pregnancy, a fact that was known to classical scholars who sometimes applied different terms to these two stages, such as taṣwīr/ṣūra and takhlīq/khalq; and, thirdly, most Ḥanafī rulings premised on determining personhood rely on the discernibility criterion. Given this, there are two possible views in the Ḥanafī school regarding the period before which abortion is permissible: before some of the physical features of the fetus become discernible or prior to ensoulment at 120 days. Additionally, there was discussion in the Ḥanafī school on the features that were to be given consideration when assessing whether a fetus was a ‘person’. These discussions are highly significant in modern debates for if the criterion for personhood is discerning a particular physical form on the basis of observation, this potentially broadens the scope for modern Ḥanafī understandings of the concept of personhood and how/when it is established. I hope to address these issues in a separate paper. See Maḥmūd ibn Aḥmad ibn Māza, al-Muḥīṭ al-Burhānī fī al-fiqh al-Nuʿmānī, ed. Nuʿaym Ashraf Nūr Aḥmad (Karachi: Idārat al-Qur’ān wa’l-ʿUlūm al-Islāmiyya, 2004), 8:83-84; al-Farghānī, Fatāwā Qāḍīkhān, 3:410; Muḥammad Amīn ibn ʿĀbidīn, Radd al-Muḥtār (Būlāq: al-Maṭbaʿa al-Kubrā al-Amīriyya, 1323 A.H.), 1:201.

[5] Ibn Māza, al-Muḥīṭ al-Burhānī, 8:83-84. It is worth noting that al-Qummī did not say fetus is a life at conception but that it has begun a process that concludes with life.

[6] Ḥussām al-Dīn ʿUmar ibn Māza, al-Fatāwā al-Kubrā (Istanbul: Rāghib Bāshā #619), ff. 96b.

[7] Raḍī al-Dīn al-Sarakhsī, al-Wajīz (Istanbul: Koprulu #684), ff. 116a.

[8] Jamāl al-Dīn Aḥmad ibn Muḥammad, al-Ḥāwī al-Qudsī, ed. Ṣāliḥ al-ʿAlī (Lebanon: Dār al-Nawādir, 2011), 2:326.

[9] Zayn al-Dīn Muḥammad ibn Abī Bakr al-Rāzī, Tuḥfat al-Mulūk, ed. Ṣalāḥ Abū al-Ḥajj (Amman: Dār al-Fārūq, 2006), 290.

[10] ʿAbd Allāh ibn Maḥmūd al-Mawṣilī, al-Ikthiyār, ed. Shuʿayb Arna’ūṭ (Damascus: Dār al-Risāla 2009), 4:153.

[11] ʿUthmān ibn ʿAlī al-Zaylaʿī, Tabyīn al-Ḥaqā’iq Sharḥ Kanz al-Daqā’iq (Multan: Maktaba Imdādiyya, n.d.), 2:166.

[12] Amīr Muḥammad ibn Muḥammad al-Kākī, Miʿrāj al-Dirāya (Istanbul: Koprulu #619), ff. 395b.

[13] Jalāl al-Dīn ibn Shams al-Dīn al-Khawārizmī, al-Kifāya Sharḥ al-Hidāya, on the margins of Fatḥ al-Qadīr (Cairo: Maṭbaʻat al-Maymaniyya, 1901; reprint Dār al-Kutub al-ʿIlmiyya, n.d.), 3:373.

[14] Kamāl ibn al-Humām, Fatḥ al-Qadīr (Cairo: Maṭbaʻat al-Maymaniyya, 1901; reprint Dār al-Kutub al-ʿIlmiyya, n.d.), 3:372-73.

[15] Muḥyī al-Dīn ibn Ilyās Jawīzāda, al-Īthār li-Ḥall al-Mukhtār, ed. Ilyās Qablān (Istanbul: Maktabat al-Irshād, 2016), 4:98.

[16] Muḥammad ibn ʿAlī al-Ḥaṣkafī, al-Durr al-Mukhtār (Lebanon: Dār al-Kutub al-ʿIlmiyya, 2002) 197.

[17] I am usually disinclined to list names of jurists in this manner when relating who held a specific legal opinion. One reason for this is that it creates the mistaken illusion that every one of these jurists came to this conclusion on the basis of their individual ijtihād when it may in fact simply be an exercise in taqlīd. Thus, one finds that most of these authors merely relate verbatim those who preceded them without any additional comments. However, it still indicates that these jurists accepted the ruling in question as the position of the school without qualms.

[18] When does a fetus qualify as a ‘person’ or a ‘human’? What are the necessary and sufficient features for personhood? Does personhood correspond to the beginning of life? If not, when does life begin? How is this connected to ensoulment? When does ensoulment occur? When does a fetus have moral standing? What is the nature of this moral standing over the course of a pregnancy? These are central questions in classical and modern debates on abortion. Sometimes, one finds that ‘person’, ‘human’, ‘life’, and related terms, are not properly defined, which is a problem given that conclusions regarding abortion are often premised on their proper conceptualization. Further, when attempts at proper definition are undertaken, people naturally come to different conclusions. For example, some modern pro-life philosophers argue that ‘persons’ are individuals of a rational nature and a fetus has no capacity for sentience, at least not until mid-gestation. Conception, therefore, cannot mark the beginning of a person. Yet even here, some scholars note that the fetus is a potential person. Therefore, it has some moral value and standing, but others counter with a “person-affecting restriction” that argues that merely potential people possess no moral claims. Some people work under material assumptions regarding the nature of the mind and opine that a moral person must be a ‘self’ and a necessary condition for something to be a self is some form of electrical brain activity. The bioethicist, Baruch Brody (d. 2018), also relied on this criterion of brain waves in his conception of personhood. Jane English presents a range of features or ‘factors’ that she views as being found in typical conceptions of a person: biological, psychological, rationality, social, and legal. There are religious conservative thinkers who define being human on the basis of genetics. John T. Noonan stated, “The positive argument for conception as the decisive moment of humanization is that at conception the new being receives the genetic code. It is this genetic information which determines his characteristics, which is the biological carrier of the possibility of human wisdom, which makes him a self-evolving being. A being with a human genetic code is man.” Many religious conservatives also maintain that there is no moment during pregnancy that can be identified as conferring moral significance on the unborn, i.e. it possesses moral standing before birth and after. Thus, brain waves, sentience, quickening, viability, physical human form, etc., are given no consideration as points at which moral standing is affirmed for the fetus and prior to which it is denied. For important early works on this topic see John T. Noonan, The Morality of Abortion: Legal and Historical Perspectives (Cambridge, MA: Harvard University Press, 1970); Jane English, “Abortion and the Concept of a Person,” Canadian Journal of Philosophy 5, no. 2 (1975): 233-43; Baruch Brody, Abortion and the Sanctity of Life (Cambridge, MA: The MIT Press, 1975); Stephen Buckle, “Arguing From Potential,” Bioethics 2, no. 3 (1988): 226–253; Mary Anne Warren, Moral Status: Obligations to Persons and Other Living Things (New York: Oxford University Press, 2000); Michael Tooley, Abortion and Infanticide (Oxford: Clarendon Press, 1983); Richard Warner, “Abortion: The Ontological and Moral Status of the Unborn,” Social Theory and Practice 3 (1974). The literature on this is vast.

Classical jurists of Islam were guided fundamentally by revelation in their answers to these questions, but they still had substantial disagreements. Some identified a fetus as a person from the moment of conception, others as potentially so, yet others as a person only when its physical features became discernible, while some seemingly assigned no status to it at any fetal stage prior to ensoulment. When it came to ensoulment, the majority said this occurred at 120 days, while others said 40 days. Some equated ensoulment with personhood, while others distinguished between them. There were other conceptual frames utilized in discussions concerning the fetus as well, such as dhimma and ḥuqūq, being ‘animate’ or ‘inanimate’, a constituent part (juz’) of the mother or a separate self (nafs), and so forth. This occasioned a degree of ambiguity regarding the moral standing of the fetus at various stages of pregnancy. For example, Imām al-Ghazālī prohibited abortion at all stages of pregnancy but stated that the sin of doing so is less severe in earlier stages than later ones. Some jurists deemed it permissible to undergo an abortion due to a minor excuse in the first 40 days, requiring a more serious excuse from that point up until 120 days, and impermissible in all but the direst of situations following ensoulment. The fetus, therefore, seems to have a diminished moral standing at the beginning of the pregnancy and full moral standing post-ensoulment even in the eyes of jurists who affirmed personhood from conception. This is also reflected in rulings concerning financial compensation (ghurra) and expiation (kaffāra) owed by someone who causes a woman to miscarry. Meanwhile, many Ḥanafīs seemed to have assigned no moral status to the fetus before it had a discernible human form. The moral standing of the fetus was also influenced by the manner of conception with some jurists suggesting that a fetus conceived out of wedlock was not similar to a fetus that was conceived through a religiously sanctioned relationship. Besides revelation, observation played an important role in these determinations, as did the specific legal traditions jurists operated within. Today, science and embryology have guided the conclusions of many scholars, which has raised questions regarding the epistemological and interpretive value of the former. There is arguably a need to go beyond limited legal conceptions of personhood and life and engage in deeper theological and philosophical discussions on this matter.

[19] This ruling was consistent with several others in the school regarding whether a miscarried fetus is named, shrouded, and washed, whether a miscarriage concludes the waiting-period of a pregnant woman, and even whether a fetus is resurrected in the next-life. These rulings, among others, returned to whether the miscarried or stillborn fetus was actually considered a child/person, which in turn related to the formation and discernibility of its physical features. I believe this strengthens the view that discernibility of physical features was the main criterion for personhood in the Ḥanafī school. For some of these rulings see Muḥammad ibn al-Ḥasan al-Shaybānī, al-Aṣl, ed. Mehmet Boynūkālin (Beirut: Dār Ibn Ḥazm, 2012), 1:296, 4:415, 481, 5:144. This interconnectedness of legal doctrine, or its organic unity, is expressed in a famous aphorism, “The law is a seamless web.” These discussions are also present in the other three legal schools.

[20] Abū Muḥammad ʿAbd al-Wahhāb ibn Wahbān, ʿIqd al-Qalā’id wa-Qayd al-Sharā’id, ed. ʿAbd al-Jalīl al-ʿAṭā (Damascus: Maktabat al-Fajr, 2000), 195.

[21] Zayn al-Dīn ibn Nujaym, al-Baḥr al-Rā’iq (Cairo: al-Maṭbaʿa al-ʿIlmiyya, 1893; reprint by H.M. Saeed, n.d.), 3:215.

[22] Muḥammad Amīn ibn ʿĀbidīn, Radd al-Muḥtār (Būlāq: al-Maṭbaʿa al-Kubrā al-Amīriyya, 1323 A.H.), 2:388-89.

[23] The Hidāya mentions that a child conceived out of wedlock is still muḥtaram and so cannot be aborted. Imām ʿAbd al-Ḥayy al-Lakhnawī mentions that this only applies to a fetus that has reached the stage of post-discernibility. He then goes onto state that the fatwā position in his time is that it would be permissible pre-discernibility and post-discernibility. See Burhān al-Dīn al-Marghinānī, al-Hidāya Sharḥ Bidāyat al-Mubtadī maʿa Sharḥ al-ʿAllāma ʿAbd al-Ḥayy al-Lakhnawī, ed. Naʿīm Ashraf Nūr Aḥmad (Karachi: Idārat al-Qur’ān wa’l-ʿUlūm al-Islāmiyya, 1417 A.H.), 3:25.

[24] Muṣṭafā Zarqā, Fatāwā (Damascus: Dār al-Qalam, 2010), 285.

[25] Maḥmūd Ḥasan Gangohī, Fatāwā Maḥmūdiyya (Karachi: Idārat al-Fārūq, 2009), 18:321.

[26] Sayyid Muḥammad Salmān Manṣurpūrī, Kitāb al-Nawāzil (Muradabad: al-Markaz al-ʿIlmī lil-Nashr wa’l-Taḥqīq, 2016), 16:248-81.

[27] Muftī Raḍā’ al-Ḥaqq, Fatāwā Dār al-ʿUlūm Zakariyya (Karachi: Zam Zam Publishers, 2015), 6:756.

[28] Ibid., 6:755.

[29] Ibid., 6:763.

[30] Zubayr Aḥmad Qāsmī, “Khāndānī Manṣūbabandī,” in Jadīd Fiqhī Mabāḥith (Karachi: Idārat al-Qur’ān, 2009), 1:332.

[31] Ibid., 1:331-32.

[32] Khālid Sayf Allāh Raḥmānī, Kitāb al-Fatāwā (Karachi: Zam Zam Publishers, 2008), 6:218-226

[33] The relied-upon position in the Mālikī school prohibits abortions almost entirely even if done prior to ensoulment, which Mālikī jurists opine as occurring at 40 days.

[34] https://renovatio.zaytuna.edu/article/when-does-a-human-fetus-become-human

[35] Yūsuf al-Qaraḍāwī, Fatāwa al-Muʿaṣara (Cairo: Dār al-Qalam, 2005), 2:541-50.

[36] ʿAbd Allāh ibn Bayya, Ṣināʿ at al-Fatwā wa-Fiqh al-Aqaliyyāt (UAE: Masār lil-Tibāʿa wa’l-Nashr, 2018), 577-78.

[37] Wahba al-Zuhaylī, al-Fiqh al-Islāmī wa-Adillatuhu (Damascus: Dār al-Fikr, 1985), 3:557.

[38] The delineation and explanation I have presented here should not be seen as a comprehensive exposition of the concepts being discussed. Rather, it should be seen as a basic explanatory framework to understand the problem I wish to highlight in the next section. I have intentionally left out many details surrounding fatwā, siyāsa, taqlīd, etc., for the sake of the average reader.

[39] Muḥammad Kamāl al-Dīn al-Rāshidī, al-Miṣbāḥ fī Rasm al-Muftī wa-Manāhij al-Iftā’ (Deoband: Ittiḥād Book Depot, n.d.), 61-62 in the Takmila; Ibn Bayya, Ṣināʿ at al-Fatwā, 28-29, 230.

[40] al-Rāshidī, al-Miṣbāḥ, 28.

[41] ʿ Abd al-Malik ibn Yūsuf al-Juwaynī, Kitāb al-Irshād ilā Qawāṭiʿ al-Adilla fī Uṣūl al-Iʿtiqād, ed. Aḥmad ʿAbd al-Raḥīm (Cairo: Maktabat al-Thaqāfa al-Dīniyya, 2009), 210-11. This is admittedly a simplification of a very complex debate on the role of reason, its meaning and limitations, its relationship to revelation, deontological vs teleological theories of Islamic normative ethics, and more. These were issues of fundamental debate between the great theological schools, namely the Ashʿarīs, Māturīdis, and the Muʿtazila.

[42] Ibrāhīm ibn Ḥusayn Bīrīzāda, ʿUmdat Dhawī al-Baṣā’ir li-Ḥall Muhimmāt al-Ashbāh wa’l-Naẓā’ir, ed. Ilyās Qablān & Ṣafwat Kawsa (Istanbul: Maktabat al-Rushd, 2016), 2:415.

[43] This is also seen in the tradition of rukhas, or dispensations, and ḥiyal, or legal stratagems/loopholes.

[44] From his Paradigms of Leadership (6) lecture series.

[45] Ibrāhīm ibn Mūsā al-Shāṭibī, al-Muwāfaqāt, ed. Mashhūr Ḥasan (Cairo: Dār Ibn ʿ Affān, 1997), 1:520.

[46] For reference to this see Ibn Bayya, Ṣināʿ at al-Fatwā, 273-75.

[47] One might state that these people are simply engaging in a form of taqlid. This is fair, but there is still a level of diligence and rigor expected from anyone who wishes to publicly opine on a matter of such nature.

[48] https://www.cdc.gov/mmwr/volumes/67/ss/ss6713a1.htm

[49] Take the following statements made by Judith Thomson in her well-known defence of abortion, which continues to be loudly echoed by the pro-choice movement: “My own view is that if a human being has any just, prior claim to anything at all, he has a just, prior claim to his own body” and “No doubt the mother has a right to decide what shall happen in and to her body.” The violinist analogy she forwards, among others, expresses this point quite clearly. See Judith Jarvis Thomson, “A Defense of Abortion,” Philosophy & Public Affairs 1, no. 1 (1971): 48, 54.

[50] The sociologist Kristen Luker noted over three decades ago that pro-life and pro-choice activists were mainly divided due to their differing views on the meaning of sexuality, motherhood, and the role of women. See Kristin Luker, Abortion and the Politics of Motherhood. Berkeley (California: University of California Press, 1984), especially Ch 7.

[51] Compassion in Dying v. Washington, 850 F. Supp. 1454 (WD Wash. 1994). This was unanimously overturned by the Supreme Court in 1997.

[52] The phrase ‘sanctity-of-life’ has featured prominently in theological, political, and biomedical ethical discussions related to abortion and end-of-life questions. Some members of congress, for example, have tried repeatedly to introduce a ‘Sanctity-of-Life Act’ to protect the unborn. However, the origins, meaning, and application of the phrase remain unclear and heavily debated. For a basic overview see the edited volume Sanctity of Life and Human Dignity (Boston: Springer Dordrecht, 1996).

[53] al-Qaraḍāwī, Fatāwa al-Muʿaṣara, 2:609-13.

[54] Ibn Bayya, Ṣināʿ at al-Fatwā, 273.

[55] The Federal House Bill 1257 that passed in 2015 as the Rape Survivor Child Custody Act cites between 25,000 and 32,000 pregnancies from rape annually but this is almost certainly an underestimate.

[56] For details on these and other related statistics see https://www.cdc.gov/violenceprevention/pdf/2015data-brief508.pdf.

[57] For detailed information regarding state statutes and provisions on the termination of pregnancy in contexts of children born as a result of sexual assault see http://www.ncsl.org/research/human-services/parental-rights-and-sexual-assault.aspx

[58] For statistics on this see the Department of Justice Criminal Victimization analysis (revised, 2018) at https://www.bjs.gov/content/pub/pdf/cv16.pdf. There are several reasons why women choose not to report such crimes, which include fear of retaliation, shame and guilt, and a belief that police will not be able to help them.

[59] For a brief discussion on existing research around rape myths see Olivia Smith & Tina Skinner, “How Rape Myths Are Used and Challenged in Rape and Sexual Assault Trials,” Social & Legal Studies 26, no. 4 (2017): 442-45.

[60] Rachael Kessler, “Due Process and Legislation Designed to Restrict the Rights of Rapist Fathers,” Northwestern Journal of Law and Social Policy, no. 10, vol 1 (2015): 199-229.

[61] There is a sensitive discussion surrounding the definition of rape in Islamic law specifically as it relates to intimate married partners. I have ignored this issue because it would distract from the main purpose of this article.

[62] https://www.nationalreview.com/2016/01/abortion-roe-v-wade-unborn-children-women-feminism-march-life/

[63] There have been initiatives in the Muslim community directed at addressing these pressing issues, such as the work of Dr. Aasim Padela of the University of Chicago and his Initiative on Islam and Medicine, Dr. Rafaqat Rashid and the work of al-Balagh Academy, Dr. Mansur Ali of Cardiff University and his research on bioethics, and several others. This is not to mention the many individuals who have tried to create practical spaces to assist people who may find themselves in difficult life circumstances. While there is much more to do, the efforts of these people should not go unnoticed.

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Eid Lameness Syndrome: Diagnosis, Treatment, Cure

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How many of you have gone to work on Eid because you felt there was no point in taking off? No Eid fun. Have you ever found Eid boring, no different from any other day?

If so, you may suffer from ELS (Eid Lameness Syndrome). Growing up, I did too.

My family would wake up, go to salah, go out to breakfast, come home, take a 4+ hour nap and then go out to dinner. I didn’t have friends to celebrate with and even if I did, I wouldn’t see them because we stuck to our own immediate family just as they did.

On the occasion that we went to a park or convention center, we would sort of have fun. Being with other people was certainly better than breakfast-nap-dinner in isolation, but calling that a memorable, satisfying, or genuinely fun Eid would be a stretch.

I don’t blame my parents for the ELS though. They came from a country where Eid celebration was the norm; everyone was celebrating with everyone and you didn’t have to exert any effort. When they moved to the US, where Muslims were a minority, it was uncharted territory. They did the best they could with the limited resources they had.

When I grew up, I did about the same too. When I hear friends or acquaintances tell me that they’re working, doing laundry or whatever other mundane things on Eid, I understand.  Eid has been lame for so long that some people have given up trying to see it any other way. Why take personal time off to sit at home and do nothing?

I stuck to whatever my parents did for Eid because “Eid was a time for family.” In doing so, I was honoring their cultural ideas of honoring family, but not Eid. It wasn’t until I moved away that I decided to rebel and spend Eid with convert friends (versus family) who didn’t have Muslim families to celebrate with on Eid, rather than drive for hours to get home for another lame salah-breakfast-nap-dinner.

That was a game-changing Eid for me. It was the first non-lame Eid I ever had, not because we did anything extraordinary or amazing, but because we made the day special by doing things that we wouldn’t normally do on a weekday together. It was then that I made a determination to never have a lame Eid ever again InshaAllah.

I’m not the only one fighting ELS. Mosques and organizations are creating events for people to attend and enjoy together, and families are opting to spend Eid with other families. There is still much more than can be done, as converts, students, single people, couples without children and couples with very small children, are hard-hit by the isolation and sadness that ELS brings. Here are a few suggestions for helping treat ELS in your community:

Host an open house

Opening up your home to a large group of people is a monumental task that takes a lot of planning and strength. But it comes with a lot of baraka and reward. Imagine the smiling faces of people who would have had nowhere to go on Eid, but suddenly find themselves in your home being hosted. If you have a big home, hosting an open house is an opportunity to express your gratitude to Allah for blessing you with it.

Expand your circle

Eid is about commUNITY. Many people spend Eid alone when potential hosts stick to their own race/class/social status. Invite and welcome others to spend Eid with you in whatever capacity you can.

Delegate

You can enlist the help of close friends and family to help so it’s not all on you. Delegate food, setup, and clean-up across your family and social network so that no one person will be burdened by the effort InshaAllah.

Squeeze in

Don’t worry if you don’t have a big house, you’ll find out how much barakah your home has by how many people are able to fit in it. I’ve been to iftars in teeny tiny apartments where there’s little space but lots of love. If you manage to squeeze in even two or three extra guests, you’ve saved two or three people from ELS for that year.

Outsource Eid Fun

If you have the financial means or know enough friends who can pool together, rent a house. Some housing share sites have homes that can be rented specifically for events, giving you the space to consolidate many, smaller efforts into one larger, more streamlined party.

Flock together

It can be a challenge to find Eid buddies to spend the day with. Try looking for people in similar circumstances as you. I’m a single woman and have hosted a ladies game night for the last few Eids where both married and single women attend.  If you are a couple with young kids, find a few families with children of similar age groups. If you’re a student, start collecting classmates. Don’t wait for other people to invite you, make a list in advance and get working to fend off ELS together.

Give gifts

The Prophet ﷺ said: تَهَادُوا تَحَابُّوا‏ “Give gifts to increase love for each other”. One of my siblings started a tradition of getting a gift for each person in the family. If that’s too much, pick one friend or family member and give them a gift. If you can’t afford gifts, give something that doesn’t require much money like a card or just your time. You never know how much a card with kind, caring words can brighten a person’s Eid.

Get out of your comfort zone

If you have ELS, chances are there is someone else out there who has it too. The only way to find out if someone is sad and alone on Eid is by admitting that we are first, and asking if they are too.

Try, try, try again…

Maybe you’ve taken off work only to find that going would have been less of a waste of time. Maybe you tried giving gifts and it didn’t go well. Maybe you threw an open house and are still cleaning up/dealing with the aftermath until now. It’s understandable to want to quit and say never again, to relent and accept that you have ELS and always will but please, keep trying. The Ummah needs to believe that Eid can and should be fun and special for everyone.

While it is hard to be vulnerable and we may be afraid of rejection or judgment, the risk is worth it. As a survivor and recoverer of ELS, I know how hard it can be and also how rewarding it is to be free of it. May Allah bless us all with the best Eids and to make the most of the blessed days before and after, Ameen.

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Were Muslim Groups Duped Into Supporting an LGBTQ Rights Petition at the US Supreme Court?

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Muslim organizations, Muslim groups

Recently several Muslim groups sent an amicus brief to the US Supreme Court to support LGBTQ rights in employment.  These groups argued“sex” as used in the Civil Rights Act should be defined broadly to include more types of discrimination than Congress wrote into the statue.

A little background. Clayton County, Georgia fired Gerald Lynn Bostock. The County alleged Bostock embezzled money, so he was fired. Bostock argues the real reason is that he is gay. Clayton County denied they would fire someone for that reason. Clayton County successfully had the case dismissed saying that even if Bostock is right about everything, the law Bostock filed the lawsuit under does not vindicate his claim. The case is now at the Supreme Court with other similar cases.

The “Muslim” brief argued the word “sex” should mean lots of things, and under the law (Title VII of the Civil Rights Act), LGBTQ discrimination is already illegal.  American law has developed to provide some support for this argument, but there have been divisions in the appellate courts. So this is the exact sort of thing the US Supreme Court exists to decide.

The Involvement Of Muslim Groups

In Supreme Court litigation, parties on both sides marshal amicus briefs (written arguments) and coordinate their efforts to improve the effectiveness of their advocacy, there are over 40 such briefs in the Bostock case. Groups represent constituencies with no direct stake in the immediate dispute but care about the precedent the case would set.

The Muslim groups came in purportedly because they know what it’s like to be victims of discrimination (more on that below). The brief answered an objection to the consequences that could come with an expansive definition of the term “sex” to include gay, lesbian, and transgender persons (in lieu of its conventional use as synonymous with gender, i.e., male/female). In particular, the brief responded to the concern that “sex” being defined as any subjective experience may open up more litigation than was intended by making the argument that religion is a personal experience that courts have no trouble sorting out and that, like faith, courts can define “sex” the same way.

While this may be interesting to some, boring to others, it begs the question:  why are Muslim groups involved with this stuff? Muslims are a faith community. If we speak *as Muslims* is it not pertinent to consult with the traditions of the faith tradition known as Islam, like Quran, Hadith and the deep well of scholarly tradition?  Is our mere presence in a pluralistic society enough reason to ignore all this and focus on building allies in our mutual desire to create a world free of discrimination?

Spreading Ignorance

In July of 2017, the main party to the “Muslim” brief, Muslims for Progressive Values (MPV), was expelled from the Islamic Society of North America (ISNA) Convention bazaar.  I was on the Executive Council of the organization at the time but had no role in the decision. The reason: MPV was dedicated to promoting ignorance of Islam among Muslims at the event. The booth had literature claiming haram was good and virtuous. Propaganda distributed at the table either implied haram was not haram or alternately celebrated haram.

For any Muslim organization dedicated to Islam, it is not a difficult decision to expel an organization explicitly dedicated to spreading haram. No Muslim organization, composed of Muslims who fear Allah and dedicate their time to Islam can give space to organizations opposed the faith community’s values and advocates against them in their conferences and events.  Allah, in the Quran, tells us:

immorality

Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows, and you do not know.

It would be charitable to the point of fraud to characterize MPV as a Muslim organization. That MPV has dedicated itself to promoting ignorance of the religion within the Muslim community is not in serious dispute.  The organization’s leader has been all over the anti-Sharia movement.

Discrimination against Muslims is bad, except when it’s good 

The brief framed the various organizations’ participation by claiming as Muslims, we know what it is like to be on the receiving end of discrimination. This implies the parties that signed on to the Amicus petition believe discrimination against Muslims is a bad thing. For at least two of the organizations, this is not entirely true.

MPV is an ally of another co-signer of the Amicus petition, the Muslim Public Affairs Council (MPAC).  Both have records that show an eagerness to discriminate against Muslims in the national security space. They both applied for CVE grants. Both have supported the claim that Muslims are a national security threat they are somehow equipped to deal with. I have written more extensively about MPAC in the past; mainly, it’s work in Countering Violent Extremism and questionable Zakat practices.

MPAC’s CVE  program, called “Safe Spaces,” singled out Muslims as terrorist threats. It purported to address this Muslim threat. In June of 2019, MPAC’s academic partner released an evaluation Safe Spaces and judged it as “not successful” citing the singling out of Muslims, as well as a lack of trust within the Muslim community because of a lack of transparency as reasons why the program was a failure. Despite its legacy of embarrassment and failure, MPAC continues to promote Safe Spaces on its website.

MPV was a vigorous defender of MPAC’s CVE program, Safe Spaces.  MPV’s leader has claimed the problem of “radicalism” is because of CAIR, ISNA, and ICNA’s “brand of Islam.”

Law Enforcement Approved Islam

In 2011, former LAPD head of Counter-Terrorism, Michael P. Downing testified during a congressional hearing on “Islamist Radicalization” Downing testified in favor of MPV, stating:

I would just offer that, on the other side of the coin, we should create opportunities for the pure, good part of this, to be in the religion, such as the NGOs. There is an NGO by the name of Ani Zonneveld who does the Muslims for Progressive Values. This is what they say, “Values are guided by 10 principles of Islam, rooted in Islam, including social equality, separation of religion and state, freedom of speech, women’s rights, gay rights, and critical analysis and interpretation.” She and her organization have been trying to get into the prison system to give this literature as written by Islamic academic scholars. So I think there can be more efforts on this front as well.

Downing was central to the LAPD’s “Muslim Mapping” program, defending the “undertaking as a way to help Muslim communities avoid the influence of those who would radicalize Islamic residents and advocate ‘violent, ideologically-based extremism.” MPAC was a supporter of the mapping program, which was later rejected by the city because it was an explicit ethnic profiling program mainstream Muslim and secular civil rights groups opposed.  MPAC later claimed it did not support the program, though somehow saw fit to give Downing an award. Downing, since retired, currently serves on MPAC’s Advisory Council.

Ani Zonnevold, the President and Founder of MPV, currently sits on the International Board of Directors for the Raif Badawi Foundation alongside Maajid Nawaz and Zuhdi Jasser.

MPV has also been open about both working for CVE and funding from a non-Muslim source, the Human Rights Campaign, and other groups with agendas to reform the religion of Islam. It’s hard not to see it as an astroturf organization.

Muslim Groups Were Taken for a Ride

Unfortunately, Muslim nonprofit organizations are often unsophisticated when it comes to signing documents other groups write. Some are not even capable of piecing together the fact that an astroturf organization opposed to Islam, the religious tradition, was recruiting them to sign something.

There are many Muslims sympathetic to the LGBTQ community while understanding the limits of halal and haram. Not everyone who signed the brief came to this with the same bad faith as an MPV, which is hostile to the religion of Islam itself. Muslims generally don’t organize out of hostility to Islam. This only appears to be happening because of astroturfing in the Muslim community. Unfortunately, it was way too easy to bamboozle well-meaning Muslim groups.

Muslims are a faith community. MPV told the groups Islam did not matter in their argument when the precise reason they were recruited to weigh in on the case was that they are Muslim. Sadly, it was a successful con. Issues like the definition of sex are not divorced from Islamic concerns. We have Islamic inheritance and rules for family relations where definitions of words are relevant. Indeed, our religious freedoms in ample part rest on our ability to define the meaning of words, like Muslim, fahisha, zakat, daughter, and Sharia. Separate, open-ended definitions with the force of law may have implications for religious freedom for Muslims and others because it goes to defining a word across different statutes, bey0nd the civil rights act. There would be fewer concerns if LGBT rights were simply added as a distinct category under the Civil Rights Act while respecting religious freedom under the constitution.

Do Your Homework

Muslim organizations should do an analysis of religious freedom implications for Muslims and people of other faiths before signing on to statements and briefs. A board member of MPV drafted the “Muslim” Brief, and his law firm recruited Muslim nonprofit organizations to sign on. CAIR Oklahoma, which signed up for this brief, made a mistake (hey, it happens). CAIR Oklahoma’s inclusion is notable. This chapter successfully challenged the anti-Sharia “Save our State” law that would have banned Muslims from drafting Islamic Wills. Ironically, CAIR Oklahoma’s unwitting advocacy at the Supreme Court could work against that critical result. For an anti-Sharia group like MPV, this is fine. It is not fine for a group like CAIR.

CAIR Oklahoma is beefing up their process for signing on to Amicus Briefs in the future. No other CAIR chapter signed on to the brief, which was prudent. CAIR chapters are mostly independent organizations seemingly free to do whatever they want. CAIR, as a national organization needs to make sure all its affiliates are sailing in the same direction. They have been unsuccessful with this in the past several years. CAIR should make sure their local chapters know about astroturf outfits and charlatans trying to get them to sign things. They should protect their “America’s largest Islamic Civil Liberties Group” brand.

Muslim Leaders Should Stand Strong 

American Muslims all have friends, business associates and coworkers, and family members who do things that violate Islamic norms all the time. We live in an inclusive society where we respect each other’s differences. Everyone is entitled to dignity and fair treatment. No national Muslim groups are calling for employment discrimination against anyone, nor should they.

However, part of being Muslim is understanding limits that Allah placed on us. That means we cannot promote haram or help anyone do something haram. Muslim groups do not need to support causes that may be detrimental to our interests.  Our spaces do not need to be areas where we have our religion mocked and derided. Other people have the freedom to do this in their own spaces in their own time.

Some Muslim leaders are afraid of being called names unless they recite certain words or invite particular speakers.  You will never please people who hate Islam unless you believe as they do.  Muslims only matter if Islam matters.

If you are a leader of Muslims, you must know the limits Allah has placed on you. Understand the trust people have placed in you. Don’t allow anyone to bully or con you into violating those limits.

Note: Special thanks to Mobeen Vaid.

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