President Sends Eid-ul-Fitr Greetings

Yesterday President Obama issued a statement (full text) extending warmest wishes to Muslims in the United States and around the world celebrating Eid-ul-Fitr-- the end of Ramadan. He said in part:

As Muslim Americans celebrate Eid across America, the holiday is a reminder to every American of the importance of respecting those of all faiths and beliefs. This past year New York City Public Schools announced adding Eid to their official school calendars alongside Christmas, Hanukkah and other holidays – an acknowledgement of the great diversity and inclusiveness that adds to the richness of our nation....

Michelle and I hope today brings joy to all of your homes, both here in the U.S. and around the world. From my family to yours, Eid Mubarak! 

The Eid is celebrated today in the United States.

Provocative Draw Muhammad Contest and Rally Planned In Phoenix Today

A provocative rally is set for this evening in Phoenix, Arizona outside the Phoenix Islamic Center.  KPHO News and Mashable report on the event organized by former Marine Jon Ritzheimer and billed as "Round 2" after the attacks earlier this month on Pamela Geller's "Muhammad Art Exhibit and Contest" in Garland, Texas. (See prior posting.)  The two gunmen there were from Phoenix and one had studies at the Phoenix Islamic Center. Today's event, to which bikers are invited, will involve a Muhammad Cartoon Contest with the winner being announced at the rally.  The rally will be held at 6:15 pm to coincide with the mosque's Friday prayer services. The Facebook page promoting the rally says in part: "People are also encouraged to utilize there [sic.] second amendment right at this event just incase our first amendment comes under the much anticipated attack."

The KPHO report quotes Ritzheimer who says he knows that the Phoenix Islamic Center has condemned ISIS.  But he insists that is not enough.  He says: "People call them an extremist; to me it's just a Muslim following their book as it's written.... Unfortunately, we have to hold the cartoon contest, as silly as it sounds, to be able to show the true colors of Islam."

Muhammad Drawing Exhibit In Texas Ends As 2 Gunmen Attempt Attack and Are Killed

In Garland, Texas Sunday night, a controversial Muhammad Art Exhibit and Contest sponsored by Pamela Geller's American Freedom Defense Initiative ended in violence as two gunmen opened fire outside the event venue, wounded a security guard, and were killed in return fire by police.  According to the Dallas Morning News, the guard who was shot was released from the hospital after being treated for a leg wound. The identities of the two gunmen had not yet been made public late Sunday. According to an earlier report by the Dallas Morning News, the Exhibit was booked at Garland's Curtis Cultural Center after the Center hosted Sound Vision Foundation’s Stand With the Prophet in Honor and Respect event.  The contest offered a top prize of $10,000 for the best drawing, and received around 350 entries. (Depicting Muhammad is seen as offensive by some schools of Muslim thought.) The winner of AFDI's contest was cartoonist Basch Fawstin who has posted his winning cartoon on his website. The keynote speaker at the event was right-wing Dutch politician  Geert Wilders who told the audience: "We are here in defiance of Islam to stand for our rights and freedom of speech."

Egyptian Channel Cancels Program After Host's Criticism of Conservative Islam

Egypt's Daily News reported yesterday that the Al-Qahera Wal Nas satellite channel has cancelled the program hosted by commentator Islam El-Behiry after two lawsuits against it challenge El-Behiry's criticism of conservative Islamic schools of thought.  One suit filed by an independent lawyer calls for closing down the channel and removing episodes of the program from the Internet, accusing El-Behiry of "insulting the divine."  A second suit filed by the Grand Imam of Al-Azhar accuses El-Behiry of insulting Al-Azhar which Egypt's Constitution makes the main source of interpretation of Islamic law.  Egypt's President Abdel Fattah Al-Sisi has called for a reinterpretation of Islamic doctrine (see prior posting). In cancelling El-Behiry's show, the channel said:

We should let ‘enlightened’ religious preachers handle the task of renewing religious discourse.

Austrian Parliament Passes Controversial Amendments To Law On Islam

Austria's Parliament yesterday adopted controversial amendments to the country's 1912 Law on Islam.  As reported by AFP, the new law bans foreign financing of mosques and requires imams to be able to speak German. Its goal is to create an Islam with European character. However the law as adopted did not include a previously proposed requirement for the development of an official German version of the Qur'an. (See prior posting.) The law gives Muslims the right to consult Islamic chaplains on the staffs of hospitals, retirement homes, prisons and the armed forces. It also assures Muslims the right to Halal meals in those institutions and in schools, and permits Muslims to take off of work for Muslim holidays. The Islamic Religious Authority of Austria approved the bill, but other Islamic organizations criticized it as discriminatory. On the other hand, Austria's far-right Freedom Party denounced the law as insufficient.

In an interview with NPR, the Austrian Minister for Foreign Affairs further clarified the law's restrictions on foreign funding of mosques:

We have nothing against one time donations. And these are still allowed. But what we want to reduce is the control. If we have this kind of support, our communities do not have the opportunity to develop freely.

He also said:

[O]ur goal is to have our own Austrian imams. It is necessary for us to show young people that it's possible to be a believing Muslim and a proud Austrian at the same time.

Saudi Artist Sues Watch Company For Appropriating His Hajj Etching

Luxembourg's i24 News reports today that Saudi artist Ahmed Mater has filed suit in France's Grand Instance Court seeking $1.5 million in damages against the watch company, Omega.  Mater says that Omega used his photogravure "Magnetism (Photograuve) III" without his consent in an ad for the company's new Seamaster Aqua Terra watch.  Mater's etching-- intended to suggest pilgrims on Hajj moving around the Kaaba-- shows a black cubic magnet surrounded by neat steel filings.  Omega says its intent was to advertise the watch's anti-magnetic properties.  Mater's lawyers say Omega has led the public to believe that Mater is mocking religion.

In Second Speech On Terrorism, Obama Again Rejects Idea of War With Islam

For the second time this week (see prior posting), President Obama delivered a major speech (full text) on combating terrorism, with significant attention to the relationship of violent extremism and Islam.  Yesterday, addressing an international Summit on Countering Violent Extremism held at the State Department, the President said in part:

[W]e have to confront the warped ideologies espoused by terrorists like al Qaeda and ISIL, especially their attempt to use Islam to justify their violence.  I discussed this at length yesterday.  These terrorists are desperate for legitimacy.  And all of us have a responsibility to refute the notion that groups like ISIL somehow represent Islam, because that is a falsehood that embraces the terrorist narrative. 

At the same time, we must acknowledge that groups like al Qaeda and ISIL are deliberately targeting their propaganda to Muslim communities, particularly Muslim youth.  And Muslim communities, including scholars and clerics, therefore have a responsibility to push back, not just on twisted interpretations of Islam, but also on the lie that we are somehow engaged in a clash of civilizations; that America and the West are somehow at war with Islam or seek to suppress Muslims; or that we are the cause of every ill in the Middle East....

And finally, we have to ensure that our diverse societies truly welcome and respect people of all faiths and backgrounds, and leaders set the tone on this issue.

Groups like al Qaeda and ISIL peddle the lie that some of our countries are hostile to Muslims.  Meanwhile, we’ve also seen, most recently in Europe, a rise in inexcusable acts of anti-Semitism, or in some cases, anti-Muslim sentiment or anti-immigrant sentiment.  When people spew hatred towards others -- because of their faith or because they’re immigrants -- it feeds into terrorist narratives.  If entire communities feel they can never become a full part of the society in which they reside, it feeds a cycle of fear and resentment and a sense of injustice upon which extremists prey.  And we can’t allow cycles of suspicions to tear at the fabric of our countries....  

 Violent extremists and terrorists thrive when people of different religions or sects pull away from each other and are able to isolate each other and label them as “they” as opposed to “us;” something separate and apart.  So we need to build and bolster bridges of communication and trust....

I’d like to close by speaking very directly to a painful truth that’s part of the challenge that brings us here today.  In some of our countries, including the United States, Muslim communities are still small, relative to the entire population, and as a result, many people in our countries don’t always know personally of somebody who is Muslim.  So the image they get of Muslims or Islam is in the news.  And given the existing news cycle, that can give a very distorted impression.  A lot of the bad, like terrorists who claim to speak for Islam, that’s absorbed by the general population.  Not enough of the good -- the more than 1 billion people around the world who do represent Islam, and are doctors and lawyers and teachers, and neighbors and friends....

The world hears a lot about the terrorists who attacked Charlie Hebdo in Paris, but the world has to also remember the Paris police officer, a Muslim, who died trying to stop them.  The world knows about the attack on the Jews at the kosher supermarket in Paris; we need to recall the worker at that market, a Muslim, who hid Jewish customers and saved their lives.  And when he was asked why he did it, he said, “We are brothers.  It's not a question of Jews or Christians or Muslims.  We're all in the same boat, and we have to help each other to get out of this crisis.”

Obama Closes Summit On Violent Extremism By Speaking About Muslims

President Obama yesterday delivered closing remarks (full text) at the White House Summit on Countering Violent Extremism.  He spoke at length on the relationship of the battle against Al Queda and ISIL to the broader Muslim community, saying in part:

Al Qaeda and ISIL and groups like it are desperate for legitimacy.  They try to portray themselves as religious leaders -- holy warriors in defense of Islam.  That’s why ISIL presumes to declare itself the “Islamic State.”  And they propagate the notion that America -- and the West, generally -- is at war with Islam.  That’s how they recruit.  That’s how they try to radicalize young people.  We must never accept the premise that they put forward, because it is a lie.  Nor should we grant these terrorists the religious legitimacy that they seek.  They are not religious leaders -- they’re terrorists.  (Applause.)  And we are not at war with Islam.  We are at war with people who have perverted Islam.  (Applause.)  

Now, just as those of us outside Muslim communities need to reject the terrorist narrative that the West and Islam are in conflict, or modern life and Islam are in conflict, I also believe that Muslim communities have a responsibility as well.  Al Qaeda and ISIL do draw, selectively, from the Islamic texts.  They do depend upon the misperception around the world that they speak in some fashion for people of the Muslim faith, that Islam is somehow inherently violent, that there is some sort of clash of civilizations. ,,,

[I]f we are going to effectively isolate terrorists, if we're going to address the challenge of their efforts to recruit our young people, if we're going to lift up the voices of tolerance and pluralism within the Muslim community, then we've got to acknowledge that their job is made harder by a broader narrative that does exist in many Muslim communities around the world that suggests the West is at odds with Islam in some fashion....

... Muslim leaders need to do more to discredit the notion that our nations are determined to suppress Islam, that there’s an inherent clash in civilizations.  Everybody has to speak up very clearly that no matter what the grievance, violence against innocents doesn't defend Islam or Muslims, it damages Islam and Muslims.

Apocalyptic Visions and ISIS' Actions

CNN's Peter Bergen posted a column yesterday titled Why Does ISIS Keep Making Enemies?, explaining the violent murders by ISIS as the "ideology ... of an apocalyptic cult that believes that we are living in the end times and that ISIS' actions are hastening the moment when this will happen." He argues that ISIS is focused on a prediction of the Prophet Mohammed that the Syrian town of Dabiq is the place where the armies of Islam and "Rome" will meet for the final battle that will precede the end of time and signal the triumph of Islam. Bergen says that ISIS wants a Western ground force to invade Syria to confirm the prophecy about Dabiq.  (A much longer analysis of ISIS ideology appears in an article by Graeme Wood in the latest issue of The Atlantic.)

As reported by Time Magazine, ISIS' video released Sunday showing the execution of 21 Egyptian Coptic Christians is narrated in religious terms. The executioner points his knife toward the Mediterranean and says in English: "We will conquer Rome, by Allah’s permission."

Yesterday, in an address to representatives of the Church of Scotland, Pope Francis responded to the ISIS killings in equally religious terms (full text):

Today I read about the execution of those twenty-one or twenty-two Coptic Christians.... They were killed simply for the fact that they were Christians.... The blood of our Christian brothers and sisters is a testimony which cries out to be heard. It makes no difference whether they be Catholics, Orthodox, Copts or Protestants. They are Christians! Their blood is one and the same. Their blood confesses Christ. As we recall these brothers and sisters who died only because they confessed Christ, I ask that we encourage each another to go forward with this ecumenism which is giving us strength, the ecumenism of blood. The martyrs belong to all Christians.

The White House, however, went out of its way to avoid framing its response to ISIS' latest atrocities in the kind of apocalyptic terms ISIS apparently prefers.  Sunday's statement by the White House press secretary (full text) after the release of ISIS' video studiously avoided painting the murders in terms of an Islamic battle against Christianity, saying in part:

The United States condemns the despicable and cowardly murder of twenty-one Egyptian citizens in Libya by ISIL-affiliated terrorists.... ISIL’s barbarity knows no bounds.  It is unconstrained by faith, sect, or ethnicity.  This wanton killing of innocents is just the most recent of the many vicious acts perpetrated by ISIL-affiliated terrorists against the people of the region, including the murders of dozens of Egyptian soldiers in the Sinai, which only further galvanizes the international community to unite against ISIL.

New Islamic Tribunal Is Set Up In Texas

What is perhaps the first Islamic Tribunal in the United States has been set up in Dallas, Texas.  The Tribunal offers to the Muslim community mediation and non-binding arbitration that follows Islamic principles. CBS 11 News reports on the new Tribunal. Breibart last week carried a rather unsympathetic article on the Tribunal

Senate Report on CIA Interrogation Includes Role of Religion In Prisoner Cooperation

A reported by the Washington Post, today the U.S. Senate Select Committee on Intelligence released an unclassified 525-page version of its Study of the CIA's Detention and Interrogation Program. (Full text of report). Appendix 3 in the report (.pdf pg. 488) outlines examples of inaccurate CIA testimony to the Intelligence Committee in 2007.  It includes a section captioned "The Religious Foundation for Cooperation" (.pdf pg. 511) that sets out the following inaccurate testimony given by CIA Director Michael Hayden:

This proposed program ... has been informed by our experience and it has been informed by the detainees. It's built on the particular psychological profile of the people we have and expect to get -- al-Qa'ida operatives. Perceiving themselves true believers in a religious war, detainees believe they are morally bound to resist until Allah has sent them a burden too great for them to withstand. At that point ... their cooperation in their own heart and soul becomes blameless and they enter into this cooperative relationship with our debriefers.

...we use the enhanced interrogation techniques at the beginning of this process, and it varies how long it takes, but I gave you a week or two as the normal window in which we actually helped this religious zealot to get over his own personality and put himself in a spirit of cooperation.... You recall the policy on which this is based, that we're going to give him a burden that Allah says is too great for you to bear, so they can put the burden down.

According to the Committee:

CIA records do not indicate that CIA detainees described a religious basis for cooperating in association with the CIA's enhanced interrogation technique.....

... [M]ore than two months before Abu Zubaydah began his August 2002 enhanced interrogation period, Abu Zubaydah told interrogators that "if he possessed any more information on future threats, then he would provide this information to us to help himself, claiming that 'the sharia' gives him permission to do so in his current situation.  Abu Zubaydah also made a similar statement to his interrogators approximately a week later ... stating that he had "prayed his 'Istikharah' (seeking God's guidance) and was now willing to tell what he really knew," and "that he had received guidance from God" to cooperate to "prevent his captured brothers from having a difficult time."

Supreme Court Denies Cert. In Suit By Police Officer Who Refused To Attend Event At Mosque

The U.S. Supreme Court today denied certiorari in Fields v. Tulsa, Oklahoma, (Docket No. 14-323, cert. denied 12/1/2014). (Order List.)  In the case, the 10th Circuit rejected a free exercise claim brought by a Tulsa, Oklahoma police captain who was ordered to arrange for two officers and a supervisor to attend a police appreciation day held at the Islamic Society of Tulsa. (See prior posting.) News OK reports on the high court's action.

Austrian Government Proposes Dramatic Revisions In Law Governing Islamic Community

In Austria, the government presented a draft bill to Parliament earlier this month that would dramatically revise the country's 1912 Islam Law governing the status of the Muslim community.  According to AINA:

The new law would regulate at least a dozen separate issues, including relatively non-controversial matters such as Muslim holidays, Muslim cemeteries, Muslim dietary practices and the activities of Muslim clergy in hospitals, prisons and the army.

More significantly, however, the bill seeks to limit the religious and political influence of foreign governments within the Austrian Muslim community by prohibiting foreign countries--presumably Turkey, Saudi Arabia and the Arab Gulf states--from financing Islamic centers and mosques in Austria.

The legislation also seeks to prevent the growth of a parallel Islamic society in Austria by regulating mosques and requiring clerics to be trained exclusively at Austrian universities. The new law would require Muslim groups to terminate the employment of clerics who have criminal records or who are deemed to pose a threat to public safety.....

The new Islam Law also requires the Austrian Muslim community to agree on a standardized German-language translation of the Koran, the Hadiths and other Islamic religious texts. The government has argued that an official version of the texts would prevent their "misinterpretation" by Islamic extremists.

Cert. Filed In Case of Police Officer Who Refused To Attend Appreciation Event In Mosque

A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday in Fields v. City of Tulsa.  In the case, the 10th Circuit dismissed a complaint filed by a Tulsa, Oklahoma police captain who was disciplined after he refused on religious grounds to comply with an order to arrange for two officers and a supervisor from his shift to attend a law enforcement appreciation day held at a mosque. American Freedom Law Center which represents plaintiff has more background on the case and links to all of plaintiff's pleadings.

ISIS Declares Caliphate In Parts of Syria and Iraq

As reported by Time, the Sunni group ISIS (Islamic State of Iraq and Syria) today declared a new Caliphate on the territory it holds in Syria and Iraq.  Its statement (full text) declared ISIS leader Abu Baker al-Baghdadi to be the Caliph, and changed ISIS' name to merely Islamic State.  The lengthy statement included this explanation:

The time has come for those generations that were drowning in oceans of disgrace, being nursed on the milk of humiliation, and being ruled by the vilest of all people, after their long slumber in the darkness of neglect – the time has come for them to rise. The time has come for the ummah of Muhammad (peace be upon him) to wake up from its sleep, remove the garments of dishonor, and shake off the dust of humiliation and disgrace, for the era of lamenting and moaning has gone, and the dawn of honor has emerged anew. The sun of jihad has risen. The glad tidings of good are shining. Triumph looms on the horizon. The signs of victory have appeared.

Suit Claims Church's Publicity On Muslim's Conversion Led To His Torture and Near Death In Syria

In Tulsa, Oklahoma, a John Doe plaintiff has filed a state court lawsuit seeking $75,000 in punitive damages against the First Presbyterian Church of Tulsa for publishing an online announcement of his December 2012 conversion from Islam to Christianity.  The complaint (full text) in Doe v. First Presbyterian Church U.S.A. of Tulsa, Oklahoma, (OK Dist. Ct., filed 6/9/2014), alleges that plaintiff travels periodically to Syria, and the church knew that any publicity about his baptism would pose a danger to his life. He says that when he was in Syria in January 2013, he was kidnapped, tortured and nearly beheaded before he escaped by forcibly taking a firearm from his captors and killing one of them who was his paternal uncle. He alleges he has received numerous death threats since returning to the United States.

Oklahoma's NewsOn6 and Tulsa Channel 8 report on the lawsuit and quote a statement in response released by the church which says in part: "The lawsuit is brought by a person who received the Sacrament of Baptism before the Congregation during a regular Sunday service at First Church." This appears to contradict the allegation in plaintiff's complaint that he received a "private baptism" at the church.

Egyptian Government Decree Bars Unapproved Imams From Preaching Publicly

Reuters reports that today the Egyptian government issued a decree allowing only state approved clerics to preach in mosques or other public places:

According to the decree, "only designated specialists at the Ministry of Religious Endowments and authorized preachers from al-Azhar shall be permitted to practice public preaching and religious lessons in mosques or similar public places."

Only al-Azhar officials and graduates as well preachers from the ministry or the grand mufti's office will be allowed to wear the trademark "turban" - a red hat with a white cloth band - and robes that designate an al-Azhar cleric, it said.

Unauthorized preachers face fines jail terms up to a year and fines up to 50,000 Egyptian pounds ($7,000). Wearing or denigrating al-Azhar garments in any way will carry similar penalties, it added.

The decree is another step in the government's attempt to prevent mosques from being used as recruiting grounds for Islamist political parties.

Supreme Court Denies Review In Murfreesboro Mosque Case

The U.S. Supreme Court today denied certiorari in Fisher v. Rutherford County Regional Planning Commission, (Docket No. 13-1214, cert. denied, 6/2/2014). (Order List).  In the case, a Tennessee Court of Appeals reversed a trial court's holding that Rutherford County had given inadequate public notice of a meeting which approved the site plan for the controversial Murfreesboro mosque. (See prior posting.) The Tennessee Supreme Court denied review. The first portion of the planned Islamic center was completed and occupied in August 2012. Today's Tennessean has more details.

10th Circuit OK's Discipline of Police Officer Who Refused Order On Attendance At Mosque's Police Appreciation Event

In Fields v. City of Tulsa, (10th Cir., May 22, 2014), the U.S. 10th Circuit Court of Appeals dismissed a civil rights complaint filed by Tulsa, Oklahoma police captain Paul Fields who refused to comply with an order requiring him to arrange for two officers and a supervisor from his shift to attend a law enforcement appreciation day held at the Islamic Society of Tulsa. Fields objected that the order required him to enter a Mosque.  The department suspended Fields for 10 days without pay and transferred him to a less attractive shift because of his refusal. Fields sued, claiming violations of the free exercise clause, establishment clause, his right to freedom of association and the equal protection clause.  The court rejected all of these claims. The court held there was no free exercise violation because Fields wan not personally required to attend under the order. The event was a thank you from the Islamic community to the police department and did not require anyone to participate in religious activities. Tours of the mosque and discussions of Islam at the event were purely voluntary.

The court also upheld the refusal to allow Fields to amend his complaint to allege retaliation for filing the lawsuit in violation of his free speech rights. It concluded that the police department had a compelling interest that outweighed any restriction on speech. The Tulsa World reports that Fields lawyer says he will seek en banc review of the decision.

Battle Over Estate Raises Issues of Religious Marriage and Interfaith Relations

Estate of Chaim Weisberg, (NY Surr. Ct., April 8, 2014), is a suit over competing claims to administer an estate.  Its underlying narrative offers a fascinating glimpse into religious relationships in the United States.  Chaim Weisberg, who came from an Orthodox Jewish family and apparently continued to practice Judaism, died without a will on Aug. 29, 2012.  His mother (through her daughter as her designee) asserts that Weisberg was unmarried, while Jannah Geaney claims to be Weisberg's wife. Each claims to be the sole distributee of Weisberg's estate and filed competing petitions for administration.

In 2008, Weisberg apparently become romantically interested in Geaney and sought out an acquaintance who had been a tenant of his family for help in arranging an Islamic marriage to Geaney. This led to Wesiberg's converting to Islam at New York's second largest mosque (Madina Masjid), and his marriage to Geaney in a religious ceremony performed by Imam Yousuf Abdul Majid on June 21, 2008.  Apparently the parties did not take out a civil marriage license. Weisberg did not inform his family of the marriage ceremony until January 2012 when he told his sister.  By then the couple's relationship had become troubled. In February Weisberg's attorney drafted, but did not file, a divorce petition.  Instead both parties filed in Family Court for orders of protection against each other. By March 2012, though, the couple said they wanted to reconcile and withdrew the petitions. Less than six months later Weisberg was hospitalized and died.

Weisberg's mother (through her daughter) claimed in court that Weisberg's marriage ceremony was invalid as a matter of Isamic law.  The court ruled, however, that this is a matter of religious doctrine that may not be determined by a civil court.  However the court also refused to grant summary judgment to Geaney, saying:

A religious marriage in New York is valid if conducted in accord with the requirements of New York's Domestic Relations Law. In relevant part, this requires that the couple participate in a religious marriage ceremony, before a member of the clergy authorized to perform such a ceremony and at least one other witness, in which they solemnly declare that they take each other as husband and wife (DRL §§ 11, 12) .

Movant's proof is deficient in two respects. First, she produces no evidence as to the qualifications of Imam Majid to officiate at a marriage. The person officiating must be a "clergyman or minister" of a bona fide religion (DRL § 11[1]).... In this case, however, the record is completely silent as to the source of the imam's religious authority.

Second, the record does not contain a description of the ceremony sufficient to establish that the parties solemnized the marriage. DRL § 12 is explicit that while "[n]o particular form or ceremony is required ... the parties must solemnly declare in the presence of a clergyman and the attending witness or witnesses that they take each other as husband and wife."

The case now proceeds with discovery and trial.