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What do #Ferguson, Anti-Black Racism, Muslim-Owned Liquor Stores, and Detroit have to do with Gaza?

Hena Zuberi

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30% of American Muslims are Black. Every 28 hours a Black person is killed by someone employed or protected by the US Government. What affects the Black community affects us—all life matters, Black life matters. It is crucial that we take a good look at what is going on in the working class city of #Ferguson and why it is important for the Muslim community to stand in solidarity with our Black brothers, sisters, neighbors, friends and coworkers.

Last Saturday in St.Louis County, Missouri, an unarmed 18-year-old student named Michael Brown was shot and killed by someone from the Ferguson Police Department. His body was left out in the sweltering heat for 4 hours. He was walking with a friend near his grandmother’s house. This killing came soon after a father of six, #EricGarner, was choked and killed to death by the NYPD and it was caught on a cell phone. Following a vigil after his death, riots erupted in Ferguson, and if you want to know why they are rioting watch this video. Vigils, protests and civil unrest were met by armored officers, GI joed up in surplus combat gear from the Iraq and Afghanistan war.

Colorlines reports that besides “…racial profiling, police shootings and lack of transparency surrounding their investigation has for the past few years been a subject of local concern.”   One of the only Black elected officials who had been doing citizen journalism, Alderman Antonio French, was arrested. Journalists were arrested and tear-gassed—coincidentally, the same American-made tear gas used by the Israeli army. It was extremely twilight zone-ish seeing folks in Gaza sending Ferguson protestors tips and tricks on teargas via Twitter, but started making sense when according to a St. Louis County Police department press release the former Chief Timothy Fitch, along with law enforcement officials from across the United States, visited Israel to “learn how Israel’s police, intelligence and security forces prevent terror attacks.”

A Lesson in Structural Racism

Let’s look at the underlying problems, not the symptoms, and see how we, as a community, can try to understand what is happening. Many of us conflate individual bias with racism; racism is bias plus power. 

Structural or Institutional Racism – a system of societal structures that work interactively to distribute generational and historic advantages to groups of people based on race and that produces cumulative, race-based inequalities.

Aggressive police tactics and racial disparity are the core of this struggle in this town. Ferguson, near St. Louis, Missouri, is 60% Black, yet almost all the police force is white. Last year, Black Missouri residents were 66% more likely to be stopped by police, and more likely to be arrested, even though white residents were more likely to be found with contraband.                                                                               In the two-minute video posted to YouTube Sunday night, in a digitally altered voice hacktivists Anonymous delivered a strict list of demands for local police and legislators, “Anonymous will not be satisfied this time … with simply obtaining justice for this young man and his family,” the voice says, “Anonymous demands that the Congressional Representatives and Senators from Missouri introduce legislation entitled ‘Mike Brown’s Law,’ that will set strict national standards for police conduct and misbehavior in the USA.”

“No Justice, No Peace”

This protest cry was heard when 50,000  protesters took to the streets of Washington DC for Gaza. It was again heard in Ferguson. As we see in Gaza, true peace cannot exist without justice. Natasha Lennard writes that ‘to urge that citizens remain “peaceful” all-too-wishfully asks for a peace that does not exist.‘  Much respect to the Muslim community in St. Louis for sending this letter in solidarity to the Brown family. But were Muslims out en masse as they were for the rallies for Gaza? Justice should not mean ‘just us’ as Br Dawud Walid says eloquently in his khutbah and writes about here.

Far too many of us use words like ‘those K%^lu and ab#$d” to demonize and criminalize an entire race without looking at any underlying factors, especially the structural racism that exists in this country from mass incarceration, housing policy and employment and education practices to even how and where highways were built.

Muslim-Owned Liquor Stores

Many Muslim businesses were looted and destroyed by some of the protestors in Ferguson. It is easy to look at pictures of looting occurring in the city and perpetuate stereotypes. I am categorically not supporting the looting, especially of businesses like these, but I do want to comment on an aspect of Muslim business in inner cities across the US, especially because so much media focus in on property damage instead of  loss of human life.

As one imam calls it, “The most disgusting ironies of Muslim life in the United States.”  Muslim liquor stores in the corners of inner cities and Black neighborhoods is an epidemic problem. Downtown Baltimore, DC, Oakland, LA – name any city in the United States and I will find you tons of Muslims who own liquor stores there. This practice is exploitative. Many of these areas are food deserts, where there are no grocery stores, no safe places for families to shop and for Muslims, many of whom are immigrants, to come and open stores in areas with high concentrations of existing liquor stores that contribute to the crime in the area is really problematic.

The liquor store business is highly lucrative, pumping out $2 billion out of the inner cities. Little children who have no place to buy a candy bar are introduced to alcohol a few steps from their homes and schools because our Muslim brothers choose to partake in the free economy and wring the system. With each visit to buy anything from bread to cashing a check, alcohol abuse is normalized. Many store owners often don’t live in the areas, as it is deemed ‘unsafe’ for their own families.

According to a Brookings Institute report, “Although the relationships are complex, the high concentration of liquor stores in the inner cities, the ready availability of beer and hard liquor, and the high incidence of alcohol abuse are deeply implicated in the troubled homes, disorderly neighborhoods, and dangerous streets there.”

“Alcohol use has been associated with assaultive and sex-related crimes, serious youth crime, family violence toward both spouses and children, being both a homicide victim and a perpetrator, and persistent aggression as an adult. Alcohol ‘problems’ occur disproportionately among both juveniles and adults who report violent behaviors.”

The report further states that neighborhood disorder takes many forms — “public drinking, prostitution, catcalling, aggressive panhandling, rowdy teenagers, battling spouses, graffiti, vandalism, abandoned buildings, trash-filled lots, alleys strewn with bottles and garbage. But no social disorder is at once so disruptive in its own right and so conducive of other disorders and crime as public drinking.”

We know ourselves how damaging the effects of alcohol can be when we are not even allowed to assist, account or transport alcohol because of the multitude of sins that can come from it. It is abhorrent in itself to call a race ‘animals’ and then to provide them the very means that God has forbidden, precisely because it ignites the animalistic behavior in all of us, regardless of the color of our skin. Are these businesses making the community or destroying it? Remember Muslim or not, they are also the Ummah of our Beloved.  

Anti-Black Individual Bias and the Global Ummah

I was at my daughter’s homeschooling review and the reviewer, after pleasantly chatting for a while, asked me personal questions about where I grew up and my ethnicity. “You are the first Pakistani/Indian who has spoken to me this way.”

Needless to say I was shocked, especially since I know we have many ‘desi’ home-schoolers in the area. She went on to say, “I grew up in Chicago and many Pakistani corner store owners would look at us like we would steal something, they called us names that they thought we could not understand, but we did.”

If you have ever wondered why some of your Black Muslim brothers and sisters may not be as hyped about the Palestinian cause, or any other cause overseas—although there are many vocal Black voices here who support justice globally—allow me to share some of their voices and points that made me pause and reflect:

“To be brutally honest, Muslims from other countries expect you to donate to their native country, but won’t invite you to their home for iftar or Eid, won’t make you feel welcome at the masjid (where their nationality is in the majority), and most likely wouldn’t donate to charities that support individuals who are African-American and Latino (both Muslim and non-Muslim).”

Not going to assume collective guilt, but how do you expect a people to feel your pain when you call them ‘ab$%d” and sell them haram? How do you think you are looked upon?

“Umm yeah. I’m like so y’all asking me to send money and aid overseas but you selling pork liquor and lottery tickets (all haram) to MY people and I’m supposed to be cool with it? NO.”

Men who come from overseas are seen as exploitive predators, as they come to the inner city to pick up women — many who are working the streets because they are victims of sex traffickers — instead of representatives of the Sahaba whose ethics spread Islam to Southeast Asia through their business and trade. And on top of that, if a Black man asks for an Arab or South Asian sisters’ hand in marriage he is told he cannot even look at them, let alone ask for her hand in marriage.

After Brown’s murder, the hashtag #IfTheyGunnedMeDown, especially on Twitter, showed how mainstream media paints a narrative of young Black men, picking and choosing what is shown. Looking at this is an important exercise in examining how many of us are influenced by what is shown about African Americans on TV and movie screens, and examining our own racial bias.

Criminalizing a race-hashtag #IfTheyGunnedMeDown shows how mainstream media paints a narrative of young Black men pic.twitter.com/QDuPL6Rt2b — Hena Zuberi (@HenaZuberi) August 11, 2014

The State of Many Inner City Masajid

Last year, I was given a tour of inner city masajid in Baltimore and I was dismayed at the state of several masajid. If every dollar that we spend in masajid in the ‘burbs was matched, and community centers were built by Muslims in the places they are needed the most, Islam in America would be a force of positive social change that we wax so eloquently about. It is about time that we go beyond the homeless feedings, Eid gifts and coat drives and start building institutions and safe places for young men and women in inner cities.

This is the kind of institutional building that we need to be doing for the dawah and for the betterment of our wider communities. As we know that we are all the ummah of the Beloved, Muslim or not. We have a collective responsibility to want the best for others, no matter their religious or non-religious affiliation. Our neighbors have a right upon us.

ISNA 2014 and the Water Crisis in Detroit

On a related note because it has been on my mind, how many American Muslims know what is going on in Detroit (the economic and water crisis) where the largest Muslim organization is holding its convention? I bring this up because 30 percent of American Muslims are Black and it is vital that their issues and voices be heard.

This is what it means to be poor in #Detroit, where water prices are twice the national average. Exorbitant water bills come in that working class families can’t afford so the water gets cut off, leading to unsanitary conditions, which means now you are scared of losing your kids.

“Many parents in homes without water are sending their children to live with family or friends for fear of losing their sons and daughters to Child Protection Services.”  The Detroit Water and Sewage Company supplies water to nearly the entire metropolitan area, but it is set up in such a way that it doesn’t have the power to increase rates in the suburbs, only for city residents.

Structural racism again. 83% of the population is African-American. 

Some immediate proactive things that your Muslim community can do:

  • Sign this petition
  • If you are attending the ISNA convention this year in Detroit than learn about the water crisis there. You can use this website to donate to vetted folks who are suffering from unfair water bills http://detroitwaterproject.org.
  • Mobilize and join the protests for issues aside from the ones that affect Muslims and your ethnicity/race
  • Every masjid in the United States should be talking about Ferguson, social and racial justice and structural racism in this country at Friday prayers (request it from your imam).
  • Learn about Anti-Black racism.
  • Confront your own stereotypes and racism- stop the next person who you see use words that are racist, that dehumanize or criminalize any race.
  • Give salaam to a Black brother and sister as they walk into the masjid.
  • Invite Black voices to speak at the masjid or community center to share their experience.
  • If you know someone who owns a business that sells liquor, introduce them to organizations like IMAN who have helped some Muslim store-owners turn their businesses into grocery stores or replaced the liquor with fresh produce. Here is an awesome incentive and if you don’t have one in your city start one. Look at how this indigenous Muslim community tackled the problem of liquor stores and all that they bring with them to the neighborhood. This is Islam.
  • Have the masjid that you attend adopt a masjid in the inner city to hold joint fundraisers and events to build the bonds of brother and sisterhood.

“Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe.”
Frederick Douglass

 

Photo Credit aol.com

Hena Zuberi is the Editor in Chief of Muslimmatters.org. She is also a Staff Reporter at the Muslim Link newspaper which serves the DC Metro. She serves on the board of the Aafia Foundation and Words Heal, Inc. Hena has worked as a television news reporter and producer for CNBC Asia and World Television News. A mom of four and a Green Muslim, she lives and preaches a whole food, organic life which she believes is closest to Sunnah. Active in her SoCal community, Hena served as the Youth Director for the Unity Center. Using her experience with Youth, she conducts Growing Up With God workshops. hena.z@muslimmatters.org Follow her on Twitter @henazuberi.

19 Comments

19 Comments

  1. Pingback: WHAT DO #FERGUSON, ANTI-BLACK RACISM, MUSLIM-OWNED LIQUOR STORES, AND DETROIT HAVE TO DO WITH GAZA? | PASS THE KNOWLEDGE (LIGHT & LIFE)

    • Avatar

      Jamil

      August 18, 2014 at 9:23 PM

      The issue of Muslim owned businesses is complicated. Strictly speaking, selling alcohol is haram and Muslims should avoid businesses which deal with alcohol. However, calling Muslim store owners predators is not productive – many of these people have had a difficult time finding other employment due to limited educational opportunities and economic background. Pretending that America is the “land of plenty” for all immigrant Muslims is misleading and inaccurate. It’s part and parcel of the American Dream mythology which also suggests that native minority Americans (ie African Americans, Latinos, etc) need simply apply themselves to learning and pull themselves up by their bootstraps to achieve financial freedom. Many Arab/Muslim immigrants don’t have the luxury of being employed as aerospace engineers like many “proper” upper middle class Muslims (where, in their gainful employment, they can design weapons systems used to murder countless innocent Muslims and others from the air – without, I might add, earning the ire or condemnation of our leadership). I also think it’s important to acknowledge another aspect of this again admittedly difficult dynamic – that of Arab/Muslim owners who have been murdered or assaulted in their stores. I can’t count the number of people I’ve heard of who have been shot and/or killed in their inner city shops over the past 30 years. These are not isolated incidents, but an unfortunate reality of doing business in impoverished communities. Did these individuals deserve to die because they’re selling alcohol? Who is shooting them? And does the fact that many of these individuals have been shot by African American men give Arabs/immigrant Muslims the right to vilify an entire community? The answer, of course, is no…blanket generalizations about any community are harmful and divisive and do little to advance the cause of positive inter-Muslim relations. I’m just pointing out that the equation is much more complicated than the author presents and will require more than one-sided lecturing. The American Muslim community doesn’t have the luxury of allowing itself to be divided by ethnicity, race, immigration status, etc.

      • Avatar

        candice

        August 22, 2014 at 5:01 PM

        Brother, I think you’re making excuses for Muslim business owners. If we were talking about Muslim women selling sex, rather than Muslim men selling porn mags and beer, would you be talking about these poor souls who didn’t have the luxury of putting themselves through nursing school or engineering school? I think not. Peddling haram is peddling haram, period. While it damages our image as a community in concrete terms, you have to wonder whether we all suffer from the collective harm of failing to enjoin the good and forbid the evil.
        At the same time, you’re demonizing some mythical population of middle-class Muslim aerospace engineers who design weapons of war. Where are these people? A Muslim can’t even apply for a gun license without raising suspicion, much less start designing AR-15s!
        I agree with you when you say that our community can’t afford to be divided, but it’s already divided. Can you deny that converts and Black American and Latino Muslims are marginalized within the broader Muslim American community? Sure, the masjid loves to have the local Spanish-language channel conduct an interview in the mussallah about Latino Muslims and broadcast it on the nightly news, but have I ever seen a Spanish-language sign (or even English, for that matter) in that very same masjid announcing that board elections for the masjid will be held? No. They wouldn’t say no to publicity, but actually having Latinos participate in directing the affairs of the masjid, that’s not gonna happen. And the same goes for the treatment of Black American Muslims. Everyone loves to hear brother so-and-so give a lecture, but actually inviting him to help the masjid make long-term plans is a whole ‘nother question. And if I even get started on Islamic schools, ya Allah, help me! The racism and bigotry that Black and Latino Muslim kids have to deal with in Islamic schools is enough to choke you up with tears. Their parents chose Islam. Their parents chose to raise them as Muslims. But it’s hard to convince a kid who deals with racial and ethnic harassment at school that the “Islamic” environment is better.
        The mere mention of these issues and the issues that Sr. Hena raised are not an incitement to division. It’s a reality that many Muslims refuse to face. Will these problems go away by NOT talking about them, for fear of causing division? Or is it more likely that the people who propagate and perpetuate racial/ethnic marginalization and tokenism are the source of the division?

    • Avatar

      Kesa Hopkins

      August 25, 2014 at 11:22 AM

      Wrong. The African American population of the County of Wayne is 39.6%- the whole for Michigan is 14%. DWS serves 40% of Michigan, 80% of whom are white, where on earth do you get the figure 83% (of any population in Michigan) is African American?

    • Avatar

      Hyde

      August 22, 2014 at 3:40 PM

      Oh wow horray for political correctness :)

  2. Avatar

    ANMB

    August 17, 2014 at 6:19 PM

    There is hope of bridging the cultural divide amongst African-American and Immigrant Muslims, as evident in this article, that is worth reading:

    http://www.nytimes.com/2007/03/11/nyregion/11muslim.html?pagewanted=all&_r=0

    • Avatar

      Jamil

      August 18, 2014 at 10:44 PM

      The NY Times article is very interesting…indeed, heartbreaking at times. We have a long way to go. It all starts with education – immigrant Muslims need to educate their children about the the African American experience (which is part and parcel of the Muslim experience), and indigenous Muslim parents need to educate their children about how the African American human/civil rights struggle mirrors the global struggle for justice. Most important of all, we need to develop genuine empathy for one another. This is not a luxury but an article of faith, the sincere belief that if one part of the body (Ummah) feels pain, the the entire body suffers. Here’s hoping that the revolution in social media helps us overcome these barriers, allowing people (including Muslims) of different backgrounds to connect on a more visceral level, to truly empathize with one another so that we might connect the dots…to truly appreciate that human suffering is all connected.

  3. Avatar

    Salih Abdullah

    August 17, 2014 at 11:55 PM

    Mashallah this is an excellent post. Very well articulated and accurate from my perspective. I remember my mother (Allahu Magfirlaha) spoke to a Palestinian sister after Hurricane Katrina, and the sister had no sympathy for the people that were killed in New Orleans because they were kuffar. My mother became angry and said she had no sympathy for the Palestinians. Of course the sister was outraged after that, exclaiming “but they’re Muslims!” Although it could have been handled differently, the sentiments are real. And the fact that they’re Muslims was probably not the REAL reason for her outrage, because when Muslim from central Africa, Somalia, or some other non-Arab location are killed, much emphasis is not placed on their plights in our communities. Of course, unless those communities consisted of predominantly members of that ethnic group.

    Foreign Muslims come to America, reap the benefits of the freedoms and rights of the land, establish Muslim communities and much of the time they find ways to ostracize the indigenous Muslims of the community. As the article mentioned, they do not invite them to their homes; they will not give them their daughters and they don’t hear their concerns. Of course, many of the Black Americans come with baggage that many are not equipped to deal with, but much of the time, there seems to not be any effort to attempt to understand the plight, and what could be done to remedy these problems.

    I think this article is a good step in the right direction in regards to rectifying ourselves as an Ummah and uniting on the basis of Islam. I think we should create think tanks that can involve multiple segments of our community where topics like this can be discussed by influential members of our communities and then we make collective decisions that money, focus and energy can be directed towards. If anyone has any ideas as to how we can start something like this, or if there is anything like this that currently exists, please tell me.

    • Avatar

      Islah Umar

      August 18, 2014 at 7:07 AM

      ASA Salih, agreed. tThese articles are well researched and well written. I think the statistic -30% of muslims are African American may be on the low side. It is about time Muslims world wide openly support the plight of the African American. All have benefitted from our blood. ws

  4. Avatar

    Fazila

    August 18, 2014 at 8:28 AM

    Assalamu Alaykum! This is a great article, May Allah help us in realizing that united our ummah can be invincible. As a ummah we getting turning apart from the true essence of islam, starting from our ownselves as muslims, due to all types of prejudice, from racial to financial, complex of superiority and arrogance due to better knowledge of the deen, due to lineage, and the list goes on. If we don´t resolve this matters it will always be very easy for the enemies of islam to destroy us, as they are already doing. May allah forgive us our fauls and guide us to the straight path. Jazakallah for such a brilliant article and for all your efforts in sharing such beneficial knowledge. May Allah bless you always. AS

  5. Avatar

    Waleed Ahmed

    August 20, 2014 at 12:03 PM

    Great analysis Hena. This was much needed.

  6. Pingback: Michael Brown, Gaza, and Muslim Americans | PASS THE KNOWLEDGE (LIGHT & LIFE)

  7. Pingback: Michael Brown, Gaza & Muslim Americans | NEWYORKUSTAN: American Muslim Series

  8. Avatar

    Hira Amin

    August 21, 2014 at 12:27 AM

    Excellent analytical and well-researched article masha Allah. The Ferguson incidents is strikingly similar to the London riots over the same topic – structural racism.

  9. Pingback: What do #Ferguson, Anti-Black Racism, Muslim-Owned Liquor Stores, and Detroit have to do with Gaza? - Ka Waal

  10. Avatar

    Saf

    August 26, 2014 at 11:36 AM

    Brother Jamil,agreed that it is complex. But I do not get why there is a debate on whether it is right or wrong? Alcohol is haram,period.How to get these muslims selling alcohol to turn to other long-term halal productive businesses should be the solution to discuss, let us not justify a crime here and call it self-defence or survival.One cannot convert haram to halal because of not having plush middle class income?Poverty is a test for Muslims,after all they got born into the deen for free ! Its like the way Taiban sold heroin to Europe but boasted that they don’t smoke it anyway.Today Afghanistan and Pakistan have the highest number of heroin addicts after the balkan states.Haram breeds Haram,to me that is the point of Hena Zuberi’s article.

  11. Avatar

    snoozer

    September 4, 2014 at 2:12 PM

    This obsession with on this blog race and racism is bizarre. First off,each person is an individual, we are born of different races and nationalities, but we have no say in the matter. It is absurd to think we should pigeonholed into thinking a particular way because we’re born a certain race or nationality. I don’t represent a race or nationality, but myself. When I’m making some of life’s decisions, I don’t think how will this effect my race or nationality, but how it effects myself and family. We Westerners are suffering from neurosis when it comes to race, we put it above everything. If you’re not perceived to be a worshiper of so and so race you’ll get the worse label in society, a racist. The White Westerner isn’t the only one suffering from this neurosis, the so called I minorities do too! They think if anything goes wrong in their life it must be a result of them racist! They been conditioned, by the system that they are a prized people, any disagreeing with them and their ways can only be racist. If you ain’t understanding, think about the Israeli Jews, and their belief that everyone who doesn’t agree with them is an anti Semite! I’m not special as a person’s who ancestry is European or responsible for the world’s problems, and you as a “minority” aren’t a perfect little peace loving humanitarian, and vice versa. We are separated by our actions as Individuals.

  12. Pingback: Muslim Anti-Racism Response to Structural Racism | Margari Aziza

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#Islam

What Does Sharia Really Say About Abortion in Islam

Abortion is not a simple option of being pro-life or pro-choice, Islam recognizes the nuance.

Reem Shaikh

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The following article on abortion is based on a research paper titled ‘The Rights of the Fetus in Islam’, at the Department of Sharia at Qatar University. My team and I presented it to multiple members of the faculty. It was approved by the Dean of the Islamic Studies College, an experienced and reputed Islamic authority.

In one swoop, liberal comedian Deven Green posing as her satirical character, Mrs. Betty Brown, “America’s best Christian”, demonized both Sharia law as well as how Islamic law treats abortion. Even in a debate about a law that has no Muslim protagonist in the middle of it, Islam is vilified because apparently, no problem in the world can occur without Islam being dragged into it.

It is important to clarify what Sharia is before discussing abortion. Sharia law is the set of rules and guidelines that Allah establishes as a way of life for Muslims. It is derived from the Qur’an and the Sunnah, which is interpreted and compiled by scholars based on their understandings (fiqh). Sharia takes into account what is in the best interest for individuals and society as a whole, and creates a system of life for Muslims, covering every aspect, such as worship, beliefs, ethics, transactions, etc.

Muslim life is governed by Sharia – a very personal imperative. For a Muslim living in secular lands, that is what Sharia is limited to – prayers, fasting, charity and private transactions such as not dealing with interest, marriage and divorce issues, etc. Criminal statutes are one small part of the larger Sharia but are subject to interpretation, and strictly in the realm of a Muslim country that governs by it.

With respect to abortion, the first question asked is:

“Do women have rights over their bodies or does the government have rights over women’s bodies?”

The answer to this question comes from a different perspective for Muslims. Part of Islamic faith is the belief that our bodies are an amanah from God. The Arabic word amanah literally means fulfilling or upholding trusts. When you add “al” as a prefix, or al-amanah, trust becomes “The Trust”, which has a broader Islamic meaning. It is the moral responsibility of fulfilling one’s obligations due to Allah and fulfilling one’s obligations due to other humans.

The body is one such amanah. Part of that amanah includes the rights that our bodies have over us, such as taking care of ourselves physically, emotionally and mentally – these are part of a Muslim’s duty that is incumbent upon each individual.

While the Georgia and Alabama laws in the United States that make abortion illegal after the 6-week mark of pregnancy are being mockingly referred to as “Sharia Law” abortion, the fact is that the real Sharia allows much more leniency in the matter than these laws do.

First of all, it is important to be unambiguous about one general ruling: It is unanimously agreed by the scholars of Islam that abortion without a valid excuse after the soul has entered the fetus is prohibited entirely. The question then becomes, when exactly does the soul enter the fetus? Is it when there is a heartbeat? Is it related to simple timing? Most scholars rely on the timing factor because connecting a soul to a heartbeat itself is a question of opinion.

Web MD

The timing then is also a matter of ikhtilaf, or scholarly difference of opinion:

One Hundred and Twenty Days:

The majority of the traditional scholars, including the four madhahib, are united upon the view that the soul certainly is within the fetus after 120 days of pregnancy, or after the first trimester.

This view is shaped by  the following hadith narrated by Abdullah bin Masood raḍyAllāhu 'anhu (may Allāh be pleased with him):

قال رسول الله صلى الله عليه وسلم: إن أحدكم يجمع خلقه في بطن أمه أربعين يوما ثم يكون في ذلك علقة مثل ذلك ثم يكون في ذلك مضغة مثل ذلك ثم يرسل الملك فينفخ فيه الروح..

“For every one of you, the components of his creation are gathered together in the mother’s womb for a period of forty days. Then he will remain for two more periods of the same length, after which the angel is sent and insufflates the spirit into him.”

Forty Days:

The exception to the above is that some scholars believe that the soul enters the fetus earlier, that is after the formation phase, which is around the 40 days mark of pregnancy.

This view is based on another hadith narrated by Abdullah bin Masood raḍyAllāhu 'anhu (may Allāh be pleased with him):

قال رسول الله صلى الله عليه وسلم: إذا مر بالنطفة إثنتان وأربعون ليلة بعث الله إليها ملكاً، فصوره، وخلق سمعها وبصرها وجلدها ولحمها وعظمها…

“If a drop of semen spent in the womb forty-two nights, Allah sends an angel to it who depicts it and creates its ears, eyes, skin, flesh and bones.”

Between the two views, the more widespread and popular opinion is the former, which is that the soul enters the fetus at the 120 days (or 4 months) mark, as the second hadith implies the end of the formation period of the fetus rather than the soul entering it.

Even if one accepts that the soul enters the fetus at a certain timing mark, it does not mean that the soul-less fetus can be aborted at any time or for any reason. Here again, like most matters of Islamic jurisprudence, there is ikhtilaf of scholarly difference of opinion.

No Excuse Required:

The Hanafi madhhab is the most lenient, allowing abortion during the first trimester, even without an excuse.

Some of the later scholars from the Hanafi school consider it makruh or disliked if done without a valid reason, but the majority ruled it as allowed.

Only Under Extreme Risks:

The Malikis are the most strict in this matter; they do not allow abortion even if it is done in the first month of pregnancy unless there is an extreme risk to the mother’s health.

Other Views:

As for the Shafi’i and Hanbali schools of thought, there are multiple opinions within the schools themselves, some allowing abortion, some only allowing it in the presence of a valid excuse.

Valid excuses differ from scholar to scholar, but with a strong and clear reason, permissibility becomes more lenient. Such cases include forced pregnancy (caused by rape), reasons of health and other pressing reasons.

For example, consider a rape victim who becomes pregnant. There is hardly a more compelling reason (other than the health of the mother) where abortion should be permitted. A child born as a result in such circumstances will certainly be a reminder of pain and discomfort to the mother. Every time the woman sees this child, she will be reminded of the trauma of rape that she underwent, a trauma that is generally unmatched for a woman. Leaving aside the mother, the child himself or herself will lead a life of suffering and potentially neglect. He or she may be blamed for being born– certainly unjust but possible with his or her mother’s mindset. The woman may transfer her pain to the child, psychologically or physically because he or she is a reminder of her trauma. One of the principles of Sharia is to ward off the greater of two evils. One can certainly argue that in such a case where both mother and child are at risk of trauma and more injustice, then abortion may indeed be the lesser of the two.

The only case even more pressing than rape would be when a woman’s physical health is at risk due to the pregnancy. Where the risk is clear and sufficiently severe (that is can lead to some permanent serious health damage or even death) if the fetus remained in her uterus, then it is unanimously agreed that abortion is allowed no matter what the stage of pregnancy. This is because of the Islamic principle that necessities allow prohibitions. In this case, the necessity to save the life of the mother allows abortion, which may be otherwise prohibited.

This is the mercy of Sharia, as opposed to the popular culture image about it.

Furthermore, the principle of preventing the greater of two harms applies in this case, as the mother’s life is definite and secure, while the fetus’ is not.

Absolutely Unacceptable Reason for Abortion:

Another area of unanimous agreement is that abortion cannot be undertaken due to fear of poverty. The reason for this is that this mindset collides with having faith and trust in Allah. Allah reminds us in the Quran:

((وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ ۖ نَّحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ ۚ إِنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا))

“And do not kill your children for fear of poverty, We provide for them and for you. Indeed, their killing is ever a great sin.” (Al-Israa, 31)

Ignorance is not an excuse, but it is an acceptable excuse when it comes to mocking Islam in today’s world. Islam is a balanced religion and aims to draw ease for its adherents. Most rulings concerning fiqh are not completely cut out black and white. Rather, Islamic rulings are reasonable and consider all possible factors and circumstances, and in many cases vary from person to person.

Abortion is not a simple option of being pro-life or pro-choice. These terms have become political tools rather than sensitive choices for women who ultimately suffer the consequences either way.

Life means a lot more than just having a heartbeat. Islam completely recognizes this. Thus, Islamic rulings pertaing to abortion are detailed and varied.

As a proud Muslim, I want my fellow Muslims to be confident of their religion particularly over sensitive issues such as abortion and women’s rights to choose for themselves keeping the Creator of Life in focus at all times.

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How Do Muslims Plan for Disability

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Families with children with disability have an extraordinary set of challenges and blessings.  Disability (or special needs) is a broad term.

Many disabilities will prevent what we often think of as “normal.”  It may hinder or prevent educational opportunities, and employment. Many people with “special needs” can get educated, get married and live long and productive lives.  The problem for many parents of younger children with special needs is that they typically have no certainty about their children’s future needs. Even if the situation looks dire, it may not stay that way.  

How do parents plan for a world where they may not be around to see how things will end up for their special needs children?  What can they do to help their children in a way that does not violate Islamic Inheritance rules?

Certain types of disability, especially the loss of executive decision-making ability, could also happen well into adulthood.  This can be a threat to a family’s wealth and be the cause of internal conflicts. This is the kind of thing every adult needs to think about before it happens.  

The Problem

The issues are not just that parents believe their special needs child will need more inheritance than other children. Muslim parents usually don’t think that. Some parents don’t want their special needs child to get any inheritance at all.  Not because of any ill-will against their special needs child; just the opposite, but because they are afraid inheritance will result in sabotaging their child’s needs-based government benefits.    

Many, perhaps most special needs children do not have any use for needs-based benefits (benefits for the poor).  But many do, or many parents might figure that it is a distinct possibility. This article is a brief explanation of some of the options available for parents of special needs children.  It won’t go over every option, but rather those that are usually incorporated as part of any Islamic Estate Planning.

Please Stand By

Example:  Salma has three daughters and two sons.  One of her children, Khalida, 3, has Down Syndrome.  At this point, Salma knows that raising Khalida is going to be an immense challenge for herself, her husband Rashid and all the older siblings.  What she does not know, however, is what specific care Khalida is going to need through her life or how her disability will continue to be relevant. She does not know a lot about Khalida’s future marriage prospects, ability to be employed and be independent, though obviously like any parent she has nothing but positive hopes for her child’s life.   

In the event of her death, Salma wants to make sure her daughter gets her Islamic right to inheritance.  However, if Khalida needs public benefits, Salma does not want her daughter disqualified because she has her own money.

Her solution is something called a “stand-by special needs trust.” This type of trust is done in conjunction with an Islamic Inheritance Plan and is typically part of a living trust, though it could also be a trust drafted into the last will.  I will describe more about what a special needs trust is below. For Salma, she is the Trustee of her trust. After she dies, she names her husband (or someone else) the successor Trustee. The trust is drafted to prevent it from becoming an “available resource” used to determine eligibility for public benefits such as Supplemental Security Income (SSI), Medicaid and other benefits that go with that.

If it turns out that Salma passes away when Khalida is 5, and her assets are held in trust for her until she is 18 and her Trustee determines she does not need a special needs trust, she will get her inheritance precisely like everyone else based on their Islamic right.  If she does need benefits, the Trustee will only make distributions to Khalida that would not harm her eligibility.

This way, there is no need to deny Khalida her inheritance because of her disability, and she is also making sure giving her daughter inheritance would not harm her daughter’s healthcare or other necessary support.  

Munir Vohra is a special needs advocate and an athlete

The Shape of Special Needs Trusts

A stand-alone Special needs trusts, which is sometimes called a “supplemental needs trust” the kind without the “stand-by” variation I described above, are a standard device for families that have children with special needs. A trust is a property ownership device. A Grantor gives the property to a Trustee, who manages the property for the benefit of a beneficiary. In a revocable living trust, the Grantor, Trustee, and Beneficiary are typically the same person.  

When the trust is irrevocable, the Grantor, Trustee, and Beneficiary may all be different people. In a special needs trust, the person with a disability is the beneficiary. Sometimes, the person with a disability is also the Grantor, the person who created the trust.  This might happen if there is a settlement from a lawsuit for example and the person with special needs wants it to be paid to the trust.  

In many if not most cases, the goal may not be to protect the beneficiary’s ability to get public benefits at all. Many people with a disability don’t get special government benefits.  But they do want to protect the beneficiaries from having to manage the assets. Some people are just more susceptible to abuse.

The structure of the arrangement typically reflects the complexity of the family, the desire of siblings and extended family to continue to be involved in the care and attending to the needs of the person with a disability, even if they are not the person directly writing checks.   

Example: Care for Zayna

Example: Zayna is a 24-year-old woman with limited ability to communicate, take care of her needs and requires 24-hour care.  Zayna has three healthy siblings, many aunts, uncles, and cousins. Her father, Elias, earns about $70,000 per year and is divorced. Zayna’s mother Sameena cannot contribute, as she is on social security disability. However, Zayna’s adult brother and sisters, brother in laws, sister in law and several aunts, uncles want to help Zayna meet her needs E.lyas creates a third party special needs trust that would ensure Zayna has what she needs in the years to come.

Zayna receives need-based public benefits that are vital to her in living with her various disabilities and her struggle to gain increasing independence, knowledge and dignity.  So the trust needs to be set up and professionally administered to make sure that when Zayna gets any benefit from her trust, it does not end up disqualifying her ability to get any needs-based benefit.  

Contributions to the special needs trust will not go against Islamic Inheritance rules unless made after the death of the donor.

If Zayna dies, her assets from the special needs trust will be distributed based on the Islamic rules of inheritance as it applies to her.

When disability planning is not about Public Benefits

Perhaps most families with special needs children do not use any needs-based public assistance.  They are still concerned about special needs and planning for it.

Example:  Khadija, 16, is on the autism spectrum. For those familiar with the autism spectrum, that could mean a lot of things.  For her parents, Sarah and Yacoob, other than certain habits that are harmless and easy to get used to, it means Khadija is very trusting of people. Otherwise, she does well in school, and her parents don’t think she needs way more help than her siblings and she has just as good a chance of leading a healthy and productive life as any 16-year-old girl.  

The downside of being too trusting is that the outside world can exploit her.  If she ends up getting inheritance or gifts, she may lose it. The parents decide that when she gets her inheritance, it will be in a trust that would continue through her life.  There will be a trustee who will make sure she has what she needs from her trust, but that nobody can exploit her.

In some ways, what Khadija’s parents Sarah and Yacoob are doing is not so different from what parents might do if they have a child with a substance abuse problem.  They want to give their child her rights, but they don’t want to allow for exploitation and abuse.

Considering your own needs

There are many people who are easy marks for scammers, yet you would be unlikely to know this unless you are either a close friend or family member, or a scammer yourself.  While this often happens to the elderly, it can happen at just about any age. Everyone should consider developing an “incapacity plan” to preserve their wealth even if they lose their executive decision-making ability.   

There is this process in state courts known as “conservatorship.” Indeed, entire courtrooms dedicate themselves to conservatorships and other mental health-related issues.  It is a legal process that causes an individual to lose their financial or personal freedom because a court has essentially declared them not competent to handle their affairs. Conservatorships are a public process.  They can cause a lot of pain embarrassment and internal family strife.

One of the benefits of a well-drafted living trust is to protect privacy and dignity during difficult times.

Example: Haris Investing in Cambodian Rice Farms

Haris, 63, was eating lunch at a diner.  In the waiting area, he became fast friends with Mellissa; a thirty-something woman who was interested in talking about Haris’s grandchildren.  The conversation then turned Melissa and her desire to start a business selling long distance calling cards. Haris was fascinated by this and thought it made good business sense. Haris gave Mellissa $20,000.00. The two exchanged numbers. The next day, Mellissa’s number was disconnected.

Haris’s wife, Julie became alarmed by this.  It was out of character for her husband to just fork over $20,000 to anyone on the spur of the moment.  What was worse is that the business failed immediately.  

Three months later,  Haris meets Mellissa at the diner again.  She then convinces Haris to invest $50,000 in a Cambodian rice farm, which he does right away.   His wife Julie was pretty upset.

How living trusts helps

As it happened though, Haris, a few years before, created a living trust.  It has a provision that includes incapacity planning. There are two essential parts to this:  The first is a system to decide if someone has lost their executive decision-making ability. The second is to have a successor Trustee to look over the estate when the individual has lost this capacity.  This question is about Haris’s fundamental freedom: his ability to spend his own money.

If you asked Haris, he would say nothing is wrong with him.  He looks and sounds excellent. Tells the best dad jokes. He goes to the gym five times a week and can probably beat you at arm wrestling. Haris made some financial mistakes. Everyone makes mistakes.

Julie, and his adult children Haroon, Kulsum, Abdullah, and Rasheeda are not so sure it’s just a mistake.  The living trust created a “disability panel.” This panel gets to vote, privately, in if Haris should continue to act as Trustee of his own money.  If they vote that he should not manage his own money, his wife does it for him.

The family has a way to decide an important and sensitive issue while maintaining Haris’ dignity, privacy and wealth.   Haris’s friends don’t know anything about long distance calling cards or a Cambodian rice farm; they don’t know he lost his ability to act as Trustee of his trust.  Indeed the rest of the world is oblivious to all of this.

Planning for everyone

Islamic inheritance is fard and every Muslim should endeavor to incorporate it into their lives.  As it happens it is an obligation Muslims, at least those in the United States, routinely ignore or deal with inadequately.  However, there is more to planning than just what shares go to whom after death. Every family needs to create a system. There may or may not be problems with children or even with yourself (other than death, which will happen), but you should do whatever you can to protect your family’s wealth and dignity while also fulfilling your obligations to both yourself and your family.

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Should Spiritual Leaders Who Violate Our Trust Be Forgiven?

Some people want to move past the indiscretions of community leaders quickly as though they never occurred while others wish to permanently blacklist them. This article examines a third option between the two that can be a win-win for the fallen leader, the victims, and the community.

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In the past couple of years, a number of simmering scandals among spiritual leaders became public knowledge and the subject of vigorous and often painful public debate.  As someone who has worked in the community dawah space the past 15 years, often acting as a bridge between past and present microcelebrity as well as non-celeb teachers to the community at large, one question I’ve been asked repeatedly – should community leaders who violate our trust be forgiven?  I’m often asked by people who aren’t fanboys / fangirls taken by microcelebrity dawah culture or wearing spiritual blinders for non-celebs, and often don’t even understand what has occurred.  Below I share answers I have heard as well as what I believe is fair and pragmatic in many (not all) situations.

Answer #1:  Yes, We Must Forgive Them

One group of people argue we should completely forgive them. No one is perfect, everyone is human and makes mistakes.  If we assume the mistake was truly made, then we should also forgive them and move on. Our faith is replete with statements about Allah’s Mercy, and if we want His Mercy, surely we should also give it to others. Oftentimes, members who fall into this group don’t actually believe the person in question is at fault and are trying to convince others either on the fence or against the individual to let it go. Of course, there are some who believe the violation occurred and not think it a big deal, while others may think the violation indeed was a big deal, and should still be forgiven. I can agree with some aspects of this, but not completely.

Answer #2:  No, They Should Never Be Forgiven

Another group believes that once a person commits a violation of trust, they are no longer to be trusted again. They should leave their positions and be ostracized from the community permanently. They are to be tarred and feathered and made an example of for life.  Members within this group oftentimes don’t need to wait for evidence to arrive at any conclusion – they were judge, jury, and executioner well before there was a trial.  Not all members are like this, of course – some waited for evidence and then reached their conclusions that the gravity of the charges was too much and therefore the person should never be forgiven.

Answer #3:  It Depends – Forgive Them If They Take Ownership and Make Amends

In my view, the problem with the first group is they don’t often see that the person did anything wrong, or if they did, it’s trivial relative to the khayr, the good and benefit they bring to the community. They keep citing that Allah is forgiving, so we should forgive automatically, but in their haste, they forget that part of the process of making restitution is first sincerely regretting what one has done.

To sincerely regret, one must also move out of denial and into acceptance that they made a mistake. Once one admits failure, they can then ask to be forgiven, and then the aggrieved party is in a position to grant it. The community forgiving and re-integrating a person who refuses to take responsibility for their wrongdoing does neither them, their victims, nor the community any good. We continue to distrust the person and they continue to believe they can get away with whatever they wish because they are “special”. Victims fear community integration, everyone becomes cynical about religion, and the cause of calling people to become better worshippers of Allah is harmed.

On the flip side, the second group is far too extreme in their view of justice. To ostracize that person and leave them no path of return means they have no means to redeem themselves, and de facto their families are casualties who must deal with the fallout of being pushed out of the community. I agree that none of us are perfect, and we all often make egregious mistakes. In my own experience, there are many instances where activists who advocate publicly for better are often involved privately in worse than those they go after.

That being the case, there is no person that can’t be forgiven, and I would say we shouldn’t leave aside this possibility in our dealings with those who fail us just as we expect it when we ourselves fall short, sometimes seriously so. I would add that we would lose the skills and talent of that person – if we believe in allowing people with criminal histories back into the general population and providing them with opportunities to become productive, reformed citizens, I don’t see why we wouldn’t offer the same to our community and religious leaders.

The key I believe is in following a process which includes the following for the individual:

  1. Taking ResponsibilityThey own responsibility for the mistake and acknowledge it was made.  No amount of denial, minimization, and spin will suffice.
  2. Make Restitution:  First and foremost, they apologize and make amends as best they can with the victims.  If the issue went public, then they should apologize to those they were serving as a leader for their mistake as well. This includes handling financial compensation.
  3. Remediating Oneself:  Enroll in counseling, therapy, mentorship, and / or group support programs to help them overcome their issues.
  4. Being Held Accountable:  Work with others on concrete milestones of both behavior and programs that demonstrate their commitment to change.  Be able to show the community that they take reformation seriously and are committed to coming out of their mistake a better person, one who can even advise others of the mistake and how not to repeat it.

As someone who has worked in dawah and supported the ascension of numerous modern-day microcelebrity spiritual scholars and teachers, I and others like me act as a bridge between them and the community.  I do not speak for all of them, certainly, but I know that any leader who tries to re-integrate into the community without taking responsibility will continue to find that many will not support them. Most, in this case, feel a sacred duty to oppose their elephant-in-the-room integration to protect the community at large.

Likewise, I know that many like myself would be willing to overlook and forgive such individuals if they took responsibility for their behavior and demonstrated they were taking concrete steps to make amends for their mistakes.  The month of Ramadan is upon us, and sometimes one just has to rip the band-aid off, go through the process of feeling the pain of scrutiny for owning up, and then moving forward to forgiveness.  I won’t promise it’s easy or that everyone will change, but I can at least say many of us would have an easier time accepting individuals back into the community.

What’s your view on these situations?

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