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The Rise of the Scholarly Gig Economy and Fall of Community Development

The lack of appropriate compensation has led to the rise of qualified scholars and imams seeking other means of financial compensation beyond the local community as paid employees – how should we actually value them as community leaders, and how should we break down their financial costs?

Shaykh Osman Umarji

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The past few decades have seen many bright and talented young men leave their professional careers in pursuit of religious knowledge. They studied in Pakistan, India, Egypt, Saudi Arabia, and many other Muslim countries, sacrificing their careers, wealth, and many years of their life with the hopes and dreams of learning Islam and teaching it when they returned. These aspiring students of religious knowledge were usually advised against studying Islam overseas by their parents, friends, respected elders, and many community members. They were warned that the path was physically and financially risky and challenging. Nonetheless, packed with their resolve and hope in Allah, they were patient with the obstacles they faced in pursuit of knowledge. As their imaan and knowledge continued to grow and their passion for conveying the beauty of Islam increased, they joyfully returned to the U.S. with dreams of providing their communities with religious guidance. Unfortunately, within a short period of time, their enthusiasm has diminished and their frustration has increased. So, what happened?

Despite serving their communities day and night by leading prayers, giving khutbas, teaching weekly classes, giving dawah to non-Muslims, mentoring the youth, and counseling people in need, community members have continuously complained. Board members, often times ignorant about the day to day work of an imam, attempt to control their schedules, activities and speak down to them. Community members complain that the scholar follows a different madhab than their own, his beard was too short, his pants were too long, or that his voice wasn’t melodious enough. Nonetheless, they were able to deal with these issues. They knew that the prophets had faced tremendous obstacles and that they too had to exercise beautiful patience with their communities. However, there was another issue that although it existed from day one, it was becoming more of a concern as these scholars got married and had children; they were not being paid a respectable wage[1] [2]. The one-bedroom apartment was not big enough, their children could not participate in high-quality community programs, and saving for retirement was impossible.

What are the natural consequences of the financial situation that these young men were put in? By looking at many of our communities, the answer is rather obvious. These young scholars often left their positions in the masjid, painstakingly leaving their passion to serve their communities behind in pursuit of a decent wage. Some had degrees to fall back on and went back to careers in engineering or business. Others decided to learn new marketable skills such as data science and accounting. Others went back to graduate school in search of new careers. Another group decided to become independent contractors, offering their services to any community willing to compensate them for their services of teaching or even fundraising. They would travel long distances to speak, hoping to help others and make an income.

In this new Islamic gig economy, the youth and their families are the casualties, who have been left without guidance and mentorship. After their local scholar left the masjid seeking greener pastures, their masjid may have completely stopped having regular programs, resorted to finding underqualified community members to speak, or hired other popular scholars to guest lecture once in while and run back home. All of these stopgap measures have left the community without religious leadership[3].

Another group of scholars decided to start their own traveling institutes, join existing ones, or become Islamic tour guides. They had to build their brands, market their institutes online and on social media, and typically had to cater to the wealthy and educated segments of the Muslim community. They would travel the country and provide their knowledge to those with the wealth to afford these private events. Sadly, this has inadvertently led to a dawah focused on the elite, where only the haves are targeted for spiritual growth, and the have nots are of less concern since they provide little financial value. Additionally, the need to build up a scholar’s brand has the potential to compromise one’s dignity and values if one has to keep finding ways to stay popular and promote himself. Rather than blame the scholars who have taken these roads, it is more important to think about the conditions in our community that have led to the rise of this culture. In fact, due to a lack of qualified scholars nationally, traveling scholars and institutes have provided significant value. However, we also need to think deeply about the social implications and consequences of these recent trends. In this exchange between local residents and traveling scholars, communities have nothing to build on after the program. They do not have access to study circles, weekly classes, or spiritual mentoring. Furthermore, the youth are largely neglected, as traveling educational programs do not typically cater to their needs. Is this the future of community building? Is this our legacy and history?

The issue at the heart of this piece (and many other great articles[4] [5]) is the value of a scholar to a community. It is well known that Muslim scholars are paid significantly less than Rabbis and other qualified faith leaders. Basic economics will tell us the result of this, regardless of good intentions. Why would intelligent young minds ever fathom careers in religious work if they know that they will not be paid a decent wage? Are we surprised when scholars with other career options quickly abandon their positions? Only those with significant financial assistance from their family or access to private donors are typically able to stay in such positions, although they may harbor much resentment within them. Even more problematic is the frustration that their wives and children feel when they see their husbands and fathers giving so much to the community, yet they have little to show for it in terms of financial stability or quality time together. What makes the scholar’s predicament more complicated is that due to the atypical work hours of the position, which may include early mornings, evenings, and weekends, the wife of the scholar is required to stay home full time with the children and unable to work. This makes the scholar’s family dependent on his salary alone. Which brings us to the core of the matter; what should scholars be paid?

The knee-jerk response that we often hear from board and community members in affluent communities when discussing salaries is “brother, we would love to pay our scholar more, but we don’t have the funding.” This would be a reasonable response until you look at the multi-million-dollar renovations to make the masjid aesthetically pleasing and the tens of thousands of dollars spent on catering lavish iftars and interfaith dinners. Ultimately, the use of masjid funds is a value judgment. It is a value judgment that board members have to make on how to use funds that the community has provided, and a value judgment for community members on how much to invest in their masjid. For board members primarily concerned with building megacenters, what value is a beautiful building if it is devoid of congregants and someone to provide guidance to the community?[6] For community members, what is a reasonable amount to regularly contribute and invest? Is the masjid worth as much as your monthly gym pass? Is the masjid worth as much as your children’s Kumon or martial arts expenses? I am not suggesting families abandon any of their existing financial investments in themselves or their children. What I am suggesting is that we completely rethink the value of a religious scholar in our community as an investment, not a charity cause. In the business world, wealthy investors invest in people, not a business. They invest in people who they believe can create value for society. Does the Muslim community think about hiring a scholar as a fixed business asset (e.g., a shiny piece of furniture) or as an investment in a person who produces value by helping a community grow? If the scholar in your community saves and supports your child’s Islamic identity and imaan, how much is that worth to you? If the scholar delivers inspiring lectures that help you spiritually grow as a person, how much is that worth to you? These are some of the questions we need to reflect upon as we try to determine how much to invest in scholar.

Financial Reality Check:

Let’s discuss specifics. How much should a scholar be compensated? The answer is that it depends. It depends on such factors as the city that the community is in, the qualifications and experience of the scholar, and the job expectations. For example, hiring a scholar in Los Angeles (median home price of $690,000) will cost significantly more than hiring a scholar in Albuquerque (median home price of $200,700). It is unreasonable to expect a scholar to squeeze his family into a studio or one bedroom apartment. It is also unreasonable to expect the scholar to live far away from the masjid and commute long distances multiple times a day if the masjid is in a more affluent neighborhood (if this happens, don’t be surprised if the scholar doesn’t show up as often). The salary should take into consideration the income required to rent in the city[7] and what is considered a livable wage[8]. For example, in Los Angeles, a family requires an income over $118,000 to rent a two-bedroom apartment, assuming a 28% rent-to-income ratio. To demonstrate the variance in the cost of living, San Francisco and New York residents require over $165,000 in annual income to afford renting a two-bedroom apartment, whereas Denver requires an income around $78,000.

A religious scholar should be treated as a professional who brings substantial skills into the position. A religious scholar is expected to be a competent public speaker, community educator, counsel community members, provide Islamic legal and spiritual guidance, research contemporary topics, and many other tasks. A religious scholar typically has secular and religious bachelor’s degrees, although many hold master’s and doctorates. Compensation should take into account the level of education and experience of the scholar.

A community needs to factor in whether they need a full-time or part-time scholar. The IRS defines a full-time employee as someone who works 30 or more hours in a week. Therefore, any scholar working 30 hours or more should be treated as full-time, and less than 30 hours as part-time. In some cases, part-time positions are desired by both the masjid and scholar, especially if the community has financial constraints or if the scholar prefers the flexibility to pursue other interests simultaneously. In addition to base salaries, comprehensive medical insurance (health, dental, and vision) and retirement plans should be standard for the full-time scholar and his family. Retirement plans are important for both the scholar and the community. In the absence of a retirement plan, the scholar is unable to leave his position financially and is forced to cling to his role. For the community, allowing a scholar to retire and be financially stable is important in and of itself, but also ensuring younger scholars can transition into the role and continue building the community. There should also be a built-in structure for annual raises, due to factors such as increased experience and inflation-induced increases in the cost of living. While an entry level salary may not afford a young scholar the income to rent or purchase a home, annual raises and merit-based promotions should create a salary trajectory that allows the scholar to raise his growing family in the community he works in. Professional development opportunities, continuing education funds, and sabbaticals should also be considered part of the compensation package to ensure the scholar grows in his skillset and ability to guide the community. Sabbaticals allow scholars to write and produce beneficial material or travel and spend time learning from senior scholars.

A separate consideration from salaried scholars is how to compensate contracted/freelance work, which is defined here as an agreement for a scholar to provide a specific guest lecture, program, or service to a community[9]. Compensation needs to take into consideration distance of travel, local traffic, and other factors that affect the time investment of the scholar. Contracted work is not as consistent as full-time salaried work and should be treated as a form of consulting, where higher rates per program are expected. One suggestion[10] is to pay the local contracted scholar 0.5% of the average local scholar’s salary in your region for a program. For example, if the average salary is $100,000, a local guest scholar should be offered approximately $100,000 x .5% = $500 for a lecture. Additionally, if the speaker is coming from out of town and travels from far away, travel time should be considered in the honorarium. Some obvious guidelines include paying for food, travel, and accomodations[11]. Of course, level of expertise and experience must be factored in, as this is only meant to be a starting point.

Unfortunately, as it stands now, a local contracted scholar would be fortunate to receive $100-200 for a lecture, which may take many hours to prepare. Just to demonstrate how low this rate is, let’s do a little exercise. Imagine a scholar made an agreement to do 30 lectures in a month (which is unheard of), spread out at different local Islamic centers. Assuming a rate of $150 per lecture, the scholar would earn 30 x $150 = $4,500 for a month x 12 = $54,000 for a year. This does not include health benefits, retirement, sick time, taxes, or anything else. Is this a fair and equitable way to treat a scholar? To add insult to injury, scholars are often expected to work for free, spiritually bullied by boards and community members that religious work should be done fi sabillah (or free sabillah?). Scholars despise negotiating and arguing over money, which leads to them typically accepting whatever low offer they have been given, while deep down they feel abused and taken advantage of. Somehow, this problem needs to be remedied. Scholars could hire agents to negotiate a reasonable package on their behalf. This might help individual scholars, but not the profession at large. A better solution might be the formation of a scholars union that sets standards and guidelines for compensation (to be discussed in a future article, inshaAllah).

The American Muslim community is in a spiritual and intellectual crisis. With the prevalence of secular, liberal, progressive, and other unIslamic worldviews creeping into our communities and children’s lives, the need for capable religious scholars to guide our communities is critically important. However, acquiring talented scholars to address the needs of our communities requires giving proper respect, which in its most basic form is providing reasonable wages. If we decide otherwise, we should not be surprised when communities fail, youth and families become lost, and capable scholars end up far away from their communities.

May Allah protect us all.

[1] Abuelezz, M. (2011). A Survey of American Imams: Duties, Qualifications and Challenges: a Quantitative and Religious Analysis (Thesis, University of Georgia).

[2] Comparely: Salaries for Imams

[3] NPR: As Islam Grows, US Imams in Short Supply

[4] MuslimSI: So How Much Should Islamic Clergy Make?

[5] MuslimSI: How a Community Masjid can Provide a Competitive Salary for an Imam

[6] In a study (Higher Education in the 21st Century ) conducted by Harvard about college experiences that included 2,000 interviews across 10 college campuses, one of the biggest takeaways was that colleges need to invest in people, not buildings. Students wanted access to more people to help guide them with their personal struggles rather than investments in technology and infrastructure.

[7] https://smartasset.com/mortgage/income-needed-to-pay-rent-in-us-cities-2018

[8] http://livingwage.mit.edu/

[9] IbnAbeeOmar: The Age of the Full-time Imam is Over – Here’s What the New Era Looks Like

[10] http://www.artrainer.com/how-much-should-you-pay-a-guest-preacher/

[11] While this may seem obvious, there are many cases where traveling guest speakers spend their own money for travel, food, and lodging and are not compensated at all for speaking.

Osman Umarji was born and raised in Southern California. He obtained a B.S in Electrical Engineering from UC Irvine and worked in mobile phone development. He then studied Islam in Cairo and in Al-Azhar University, focusing on Islamic legal theory. He was previously the religious director at the Islamic Society of Corona-Norco. He is currently completing his doctorate in Educational Psychology at UC Irvine, focusing on child and adolescent motivation and identity development. He is also an adjunct professor at UC Irvine and Cal State University, Long Beach.

17 Comments

17 Comments

  1. Avatar

    DI

    April 25, 2019 at 12:32 PM

    Masha Allah excellent article! I remember having the scholar’s union idea a long time ago – I am glad it is happening. From what I see Muslims in America are following the trajectory of the Christians – mega-mosques, prosperity gospel and privatized programs for the rich. It is easy to forget money is a fitna and I recall the history of the “Hour of Power” church and don’t want that to happen to Muslims. The Jewish community gives their rabbis a trial period with goals and yearly reviews and after a certain number of years, they make that rabbi permanent and they can not fire him. Its like getting tenure as a professor. I think a similar idea should be used. Allah blesses and debases a community based on how they treat their ulema.

    And I may add, you can find out finances of many masajid / organizations online…or at least get an idea. In the USA, you want to find their Form 990 or 501(c)(3)

    For example – AlMaghrib Institute has 1.5 million in assets http://990finder.foundationcenter.org/990results.aspx?990_type=&fn=almaghrib&st=&zp=&ei=&fy=&action=Search

    And Bayyinah has 3.7M http://990finder.foundationcenter.org/990results.aspx?990_type=&fn=bayyinah&st=&zp=&ei=&fy=&action=Search

    Here is the annual revenue reported for Texas mosques: https://projects.propublica.org/nonprofits/search?utf8=%E2%9C%93&q=islamic+center&state%5Bid%5D=TX&ntee%5Bid%5D=&c_code%5Bid%5D=

    It is your democratic right to see this information. You can find similar accounting for charities in the United Kingdom online too.

    It behoves Muslims to utilize the tools available to us in the West. And I think it makes sense to stop using cash in masajid to discourage people lining their pockets or stealing and to switch to only credit card/debit card sadaqa using initiatives like GivePoint atm machines in mosques. https://givepoint.com/home

    di.

  2. Avatar

    Abu Muslim

    April 25, 2019 at 2:02 PM

    Agree with the broad points, however, its depressing to see how uneducated our scholars are on what it means to be liberal or progressive and how in their minds, everything bad goes in that bucket. This is what leads to Muslims for Trump which has done more harm and insult to our prophet and God than any liberal or progressive president would have ever been able to do. Perhaps our scholars should also be more educated.

  3. Avatar

    Tricia

    April 25, 2019 at 2:37 PM

    And now imagine being a Muslim woman scholar. Even more futile !

  4. Avatar

    Umm Ismaeel

    April 25, 2019 at 5:22 PM

    I am the wife of a scholar and I can tell you that all he said is true.

    My husband is working day and night and he is never home and the people expect him to work for free or for a little compensation. We have no insurance, no plan for retirement. We do not own a house, even if he spent almost all his life working here in America and he is 65 years old. If he dies suddenly, me and my children will be on the street because he spend all his salary every month.

    The people in the community think he is rich but we are the poorest of them, just my husband is too shy to ask at least an increase of the salary due to inflation. Since 25 years his main employer gives him the same salary and never increased it, so he had to take other sideline jobs.

    This is the sad reality. I have to say that I am in the same situation, it is even worse because I am translating religious texts. If I were a normal translator, I would receive 10 cents per words, but because I am translating religious texts, I am offered 2.5 to 3 cents with absolutely no benefit, because it is freelance. I am happy that some people agree to give me a little bit more than the market, but I am criticized for asking for more than other people.

    I am grateful that the brother is talking about this, but I do not expect any change soon. My son who would like to become a sheikh like his father says that he needs to study medicine or engineering in order to make a living aside from his job as a Muslim scholar. He is only 10 years old!

    • Avatar

      Masud

      April 26, 2019 at 12:10 AM

      According to Quran & hadith, it is illegal to take money for performing the function of salat. Imam is also liable to come prayer during its specified time. Islam is only for the satisfaction of Allah. So, avoid preaching earning money through Islam. Come to point what Quran & hadith says. Pls don’t invent anything new?

      • Avatar

        Ahmed

        April 26, 2019 at 10:35 AM

        Please indicate where in the Quran and hadith it is prohibited to earn money by doing Islamic work. The Prophet SAWS paid companions for doing Islamic work: https://sunnah.com/urn/2302970

    • Avatar

      Siraaj Muhammad

      April 27, 2019 at 10:04 AM

      Salaam alaykum Umm Ismaeel,

      Jzk for your comment, it was shared on MM’s twitter acct and received quite a strong response:

      https://twitter.com/MuslimMatters/status/1121593339864727553?s=09

  5. Avatar

    Shaka m

    April 25, 2019 at 7:37 PM

    Welcome to life in a capitalistic society. We all know that there are the 1% of Ulama who mashallah make more than their fair share. Of course there are also many others who obviously do not make enough. But this can also be said of any other profession. How many PhD’s are supplementing their income by driving uber? Furthermore there are numerous imams that just go through the motions and mail it in… also no different than in any other profession.

  6. Avatar

    Umar

    April 26, 2019 at 1:02 AM

    I agree with the issue completely. An alternative solution would be for the scholar to get a normal job and do scholar stuff “on top”.

    The issue with a scholar getting paid by a masjid means he is under their (very often islamically uneducated and sometimes egotistical) control, therefore he has to do their bidding.

    If he/she were independent it would work better.

    This would be reducing the role, and outsourcing parts to other paid people. A scholar should just be doing spiritual guidance and islamic technical questions as that’s their training, not marriage counselling, career advice, media etc. etc.

    • Avatar

      vahid

      April 27, 2019 at 12:39 AM

      So you expect an islamic scholar to work two full time jobs? Not a very realistic approach. Everything works perfectly in the mind, but in reality not so much.

  7. Avatar

    Paula

    April 26, 2019 at 9:53 AM

    The trend for Muslims follows that for other members of clergy in the US and is not Muslim specific. That should have been included in the article to help gauge the situation.

  8. Avatar

    FP

    April 26, 2019 at 11:44 AM

    Masajid, especially in larger, metropolitan cities, have become mafia masajid. They are usually run by secularly educated, doctors, lawyers, engineers and businessmen, for whom the masjid is just another business. They must compete with the other masajid. While this can be a good, halal competition, their drive and greed soon take over and they value quantity over quality. They value aesthetics and external beautification over the values and knowledge imparted to their communities. All of this is done, mostly to show off – to say so and so masjid has such and such famous Shaykh and/or qari to lead taraweeh. Then in order to maintain the superficial high standard, they must cater to the upper class of their communities, thus falling into a vicious cycle. May Allah protect us and grant us sincerity.

    • Avatar

      FP

      April 26, 2019 at 11:50 AM

      Moreover, some masajid will blacklist a recently laid off Imam/Qari (even if let go under understandable circumstances). Or they will not allow, directly or indirectly, a recently let go Imam to work in the vicinity for fear that they will lose their congregants, their Sunday school and/or Quran Memorization students. But they see no problems with the capitalistic notion that 2 similar businesses can be next to each other. If they are businessmen already, they’ll try to open their own halal business near their masajid for their individual benefits.

  9. Avatar

    Noura

    April 27, 2019 at 8:14 AM

    As the wife of a Shaykh who goes through this, I agree completely with every sentence in this article. Allah Musta’an. And to Umm Ismaeel in the comment above, I feel you sister, I feel you completely!

  10. Avatar

    DI

    April 27, 2019 at 8:48 AM

    I think my comment got caught in the spam check…

  11. Avatar

    Mezba Mahtab

    April 27, 2019 at 2:42 PM

    I don’t know why mosques spend a lot of money on aesthetics. A little is OK, but I would think people would be more attracted to mosques with a better caliber of scholar(s) than how beautiful the mimbar is.

    Also, the waqf system needs to be established here.

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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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