...THE JOURNAL OF ISLAMIC LAW Volume 1 Number 2 Fall/Winter 1996 ARTICLES The Legal Definition of...

THE JOURNAL OF

ISLAMIC LAW

Volume 1 ● Number 2 ● Fall/Winter 1996

ARTICLES

The Legal Definition of Islam An Examination of Judicial, Legislative,

Mainstream and Nontraditional Interpretations Irshad Abdal-Haqq

Legal and Religious Considerations in

Drafting a Muslim Will Jeffrey Hassan

An lslamic Approach to International

Commercial Arbitration S.H. Amin

The Shura Law Center, Inc.

A Community-based Islamic Legal Service Ijaz Mansoor Chaudhry

APPENDIX

Directory of Islamic Book, Tape, and Software Dealers

Akram Y. Safadi, Ph.D.

THE JOURNAL OF

ISLAMIC LAW

Volume 1 ● Number 2 ● Fall/Winter 1996

Contents Articles The Legal Definition of Islam An Examination of Judicial, Legislative, Mainstream and Nontraditional Interpretations by Irshad Abdal-Haqq ................................................. 105 Legal and Religious Considerations in Drafting a Muslim Will by Jeffrey Hassan ......................................................... 187 An lslamic Approach to International Commercial Arbitration by S.H. Amin ............................................................... 203 The Shura Law Center, Inc. A Community-based Islamic Legal Service by Ijaz Mansoor Chaudhry ........................................... 237 Appendix Directory of Islamic Book, Tape, and Software Dealers by Akram Y. Safadi, Ph.D. .......................................... 241

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THE JOURNAL OF

ISLAMIC LAW Volume 1 ● Number 2 ● Fall/Winter 1996 The Editorial and Advisor Board

Ameena B. McCloud, Ph.D. Associate Professor of Islamic Studies

DePaul University Chicago, IL

Sulayman S. Nyang, Ph.D. Professor of African Studies

Howard University Washington, DC

Ra’ouf M. Abdullah, Esq.

New Madinah Society Washington, D.C.

Patricia Abdullah, Esq.

Washington, D.C.

Kenneth R.A. Rasheed, Esq. The Shura Law Center

Atlanta, GA

Irshad Abdal-Haqq Managing Editor

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The Legal Definition of Islam An Examination of Judicial, Legislative, Mainstream and Nontraditional Interpretations Irshad Abdal-Haqq* CONTENTS I. INTRODUCTION .................................................................... 107 II. THE DEFINITION AND TREATMENT OF ISLAM UNDER U.S. LAW .............................................................. 109 A. The Legal Definition of Religion ........................... 110 B. The Treatment of Islam Under State and Federal Law .......................................................... 118 III. THE DEFINITION OF ISLAM UNDER ISLAMIC LAW ................. 130 A. Islam: A Descriptive Definition ............................. 130 B. Distinctive Elements of Mainstream Islam ............ 134 1. Absolute Monotheism ....................................... 134 2. The Finality of Prophethood ............................ 137 3. The Qur’an and Traditions of Muhammad ...... 139 4. Condemnation of Racism ................................. 140 5. The Concept of Mahdi (Messiah or Second Coming of Jesus) .............. 142 C. The Distinction between Sunni and Shia (Shiite) Islam .......................................... 147 continued

CONTENTS (continued) * J.D., Georgetown University Law Center, 1981; M.A.T. (Legal Education) Antioch University, 1984. The author has served as legal counsel to numerous Washington-area Islamic organizations since 1981. This article is dedicated to the Muslim community (ummah) and sincere believers everywhere. 105

106 The Journal of Islamic Law [Vol 1:105

IV. MAINSTREAM ISLAM IN THE UNITED STATES......................... 149 A. Composition of the Muslim Community................. 149 B. The Ministry of W.Deen Mohammed .................... 153 V. NONTRADITIONAL INTERPRETATIONS OF ISLAM ...................... 157 A. Progeny of the Original Nation of Islam ............... 158 1. Nation of Islam: Louis Farrakhan ............. 161 2. Nation of Islam: Silas Muhammad ............. 163 3. Nation of Islam: John Muhammad ............. 163 4. Nation of Islam: Emmanual Muhammad .... 164 B. Ahmadiyyah Movement ......................................... 164 C. Moorish Science Temple ....................................... 166 D. Nation of Gods and Earths (5% Nation of Islam).. 168 E. New World of Islam .............................................. 170 F. Ansaru Allah Nubian Islamic Hebrew ................... 172 VI. CASE STUDY: CLASSIC NATION OF ISLAM THEOLOGY AS COMPARED TO MAINSTREAM ISLAM ........................................ 173 A. “Islam” as Defined in Nation of Islam Theology .. 173 B. The Concept of God .............................................. 174 C. The Finality of Prophethood ................................. 175 D. The Qur’an and Traditions of Muhammad ibn Abdullah ...................................... 176 E. Resurrection (The Hereafter) ............................... 178 F. Race and Religion: Black Gods, White Devils ....... 179

G. The Nation of Islam’s Concept of “Mahdi”............ 181 H. The Nation of Islam’s “Restricted Law”................ 181 VII. CONCLUSION .................................................................... 184

Fall/Winter 1996] The Legal Definition of Islam 107

I. INTRODUCTION Thomas Jefferson is said to have read the Qur’an,1 and listed Islam as one of the many religions that should be freely practiced in the United States.2 Following adoption of the Declaration of Independence by the original thirteen colonies, a Muslim country, Morocco, was the first to recognize the newly established republic and to enter into one of the longest standing treaties in history.3 Most certainly the Islam familiar to Jefferson was what is now commonly described as mainstream (orthodox) Islam. Given the growing number of nontraditional American groups identifying themselves as Islamic, however, law professionals, legislators, government agencies, mental health providers and employers must be circumspect in attempting to ascertain what is and is not Islamic. At last count, there were in the United States more than eighteen different and independent organizations identifying

1 WILLARD S. RANDALL, THOMAS JEFFERSON -- A LIFE 291 (1993). Qur’an is the preferred spelling of the holy book of the Muslims, as opposed to the alternative Western spelling, Koran. Although there is no evidence that Jefferson read Arabic, at least one English translation of the Qur’an, the George Sale edition, has been available since the mid-1730s. But see note 74, infra, regarding the improbity of Sale’s translation. 2 THOMAS JEFFERSON, AUTOBIOGRAPHY, reprinted in THOMAS JEFFERSON WRITINGS 40 (Literary Classics of the United States pub., 1984) in which he asserts that the Virginia bill for establishing religious freedom was “.... meant to [include] within the mantle of its protection, the Jew and the Gentile, the Christian and the Mohametan, the Hindoo and Infidel of every denomination.” See also, Weisman v. Lee, 908 F.2d 1090, 1093 (1990) (where the court invokes the same language from Jefferson’s autobiography in support of its analysis). 3 THOMAS A. BAILY, A DIPLOMATIC HISTORY OF THE AMERICAN PEOPLE 65 (10th ed., 1980); 1 ENCYCLOPEDIA OF AMERICAN FOREIGN POLICY 360 (Alexander DeConde, ed. 1978); Wayne King and Warren Weaver, Jr., From Morocco With Love, NEW YORK TIMES, Feb. 28, 1986 at B4 (reporting that Morocco became the first nation to recognize the United States in 1777); Claude Clement, U.S. and Morocco Expand Commercial Ties, BUSINESS AMERICA, Nov. 4, 1991 at 2 (characterizing the 1777 recognition of the U.S. by Morocco as a de facto one).


themselves as the Nation of Islam.4 While Louis Farrakhan’s movement is the most well known Nation of Islam organization, a number of smaller nations, some led by astute, ambitious ministers, promises to challenge Farrakhan’s claim as the divinely appointed leader of Elijah Muhammad’s theological legacy. Thus, even among groups growing out of the same peculiar theology, the definition of Islam, its tenets of belief and religious obligations, may vary widely. The word Islam means and implies different things to different people, even among those claiming to be Muslims, i.e., adherents of the religion. For the vast majority of believers, Islam can only be defined as a way of life consistent with the standards of faith and action established in the Qur’an and traditions of Prophet Muhammad ibn Abdullah of seventh century Arabia. For others, Islam includes elements of belief and practice that are alien, even bizarre, to mainstream Muslims. Perhaps nowhere else in the world besides the United States, is so many divergent interpretations of Islam being propagated and practiced freely. In any comprehensive examination of Islam’s meaning among Americans identifying themselves as Muslim, one is likely to find a significant minority of believers claiming that the religion mandates the slaughter of innocents through terrorism, blatant racism and sexism, belief in flying saucers inhabited by deceased spiritual leaders, and the promulgation of extra-Qur’anic scriptures and prophets that have no basis in the Qur’an or traditions of Muhammad. This article seeks to sort out what Islam is under Islamic law, the Qur’an and traditions followed by mainstream Muslims, from the more esoteric, innovative beliefs and practices that are labeled Islamic by nontraditional groups. Every interpretation probably would be defined under U.S. law as “religion,” but probably would not be defined as “Islam” under Islamic law and jurisprudence. The distinctions between permutations of Islam in America becomes most important where the legitimacy of an Islamic belief claimed by a Muslim comes under scrutiny. It would be a mistake to determine, for example, that a claimed religious holiday by a Nation of Islam member is not legitimate because it is not recognized in mainstream Islam.

4 W.K. Berry, Nation of Islam Labels Fueled by Half-Truths, THE ETHNIC NEWS WATCH, April 7, 1994 at A1.


The Nation of Islam observes religious holidays, including Ramadan, that differ from mainstream Islamic tradition. Likewise, Nation of Islam dietary restrictions against consuming nuts, shell fish, and certain vegetables are not apparent in mainstream Islam. This article begins by discussing how religion, generally and Islam, in particular, have been defined and treated historically under U.S. law. It then outlines how most of the Muslim world and majority of Muslim Americans define Islam under the Shariʻah (Islamic law). The second half of the article includes a detailed analysis and comparison between mainstream Islam and classic (original) Nation of Islam theology, as well as descriptions, definitions, and some of the peculiar religious law of other nontraditional, U.S.-based organizations that identify with the religion of Islam. Hopefully the information and analyses set out in this article will prove helpful to those individuals and agencies charged with making determinations and decisions involving or affecting American Muslims. Students, scholars and other researchers also should find this information of interest. II. THE DEFINITION AND TREATMENT OF ISLAM UNDER U.S. LAW Islam has a distinct history under U.S. law. It is, perhaps, the only major world religion that was virtually repressed under a state law in modern times.5 Despite unequivocal Supreme Court prohibitions against lower courts rendering qualitative judgments on religion, Islam’s tenets have been analyzed and valuated by government agencies, state courts and the Supreme Court, itself.6 In one of the nation’s earliest and most controversial international incidents, expert testimony attesting to Islam’s presence among the captives of a renegade slave ship was crucial in the Supreme Court’s decision.7 In the next two subparts, the definition and 5 See part IIB, infra. 6 Id. 7 See, U. S. v. The Amistad, 40 U.S. 518 (1841). A successful 1839 slave revolt aboard the Amistad in Cuba resulted in the ship being surreptiously piloted into New York waters instead of to the West Coast of Africa. The U.S. seized the ship and its slave cargo. Spain demanded a return of the ship and the slaves. In support of the U.S. position that Spain was engaged in the illegal importation of first generation Africans (Bozals), the expert testimony of Richard Robert Madden was introduced. Madden spoke to the Africans in Arabic and repeated a “Mohammedan” prayer. Madden testified that a “man immediately recognized the language, and repeated a few words of it after me


treatment of religion, generally, and Islam, in particular, are examined. A. The Legal Definition of Religion The First Amendment of the Bill of Rights amends the U.S. Constitution by prohibiting Congress from making laws respecting the establishment of religion, or prohibiting the free exercise of religion. While the two clauses are related, they have been interpreted by the Supreme Court to mean very different things. The first clause, the establishment clause, concerns the bar against government propagation of a particular religion or the promotion of religion in general. The free exercise clause bars government interference in a person’s right to believe in the religion of his or her choice. Since the beginning of this country both clauses have resulted in controversy and heated debate. While the two clauses generated separate lines of cases, the issues and subject matter of the cases often overlapped. Despite centuries of debate and court decisions, the Supreme Court has never rendered a comprehensive definition of religion.8 Through the years, however, the Court has

and appeared to understand it, particularly the words ‘Allah akbar,’ or God is great. The man who was beside this negro, I also addressed in Arabic, saying – ‘salaam ailkoem,’ or peace be to you; he immediately, in the customary oriental salutations, replied -- ‘aleckoum salaam,’ or peace be on you ..... I have no doubt of those negroes of the Amistad being bona fide Bozal negroes, quite newly imported from Africa.” 8 As we shall see numerous less than comprehensive “definitions” have been attempted by the Court over the years. In recent years, a long line of legal scholars have called on the Court to specifically and comprehensively define religion. Others have urged the Court not to define it. For a thorough study of the pros and cons of each position see the following articles: James M. Donovan, God is as God does: Law, Anthropology, and the Definition of “Religion,” 6 Seton Hall Const. L.J. 25 (1995); C. John Sommerville, Defining Religion and the Present Supreme Court, 6 J. Law & Pub. Pol’y 167 (1994); Val D. Ricks, To God God’s, To Caesar Caesar’s, and to Both The Defining of Religion, 26 Creighton L. Rev. 1053 (1993) (accompanied by a listing of dozens of other scholarly references on the same topic); Richard O. Frame, Belief in a Nonmaterial Reality -- A Proposed First Amendment Definition of Religion,


delivered numerous decisions in which religion was described, analyzed and somewhat defined, and from which a historical overview can be comprised. In an 1890 case, Davis v. Beason, the Court described “religion” as a term that has reference to one’s views of his relations to his Creator, and to the obligations they impose on reverence for his being and character, and of obedience to his will.9 By 1961, the Court in Torcaso v. Watkins had moved away from this monotheistic, narrow definition, and determined that it is impermissible under the First Amendment for a state to enact laws which discriminate between theistic and non-theistic religions.10 In the United States v. Seeger (1965) and Welsh v. United States (1970),11 two conscientious objector cases, the Supreme Court moved further away from a traditional theistic view of religion. Instead, the Court adopted a “parallel belief” approach in which the test for a “religious” exemption from the military could be stated as a “sincere and meaningful belief” which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for an exemption.12

1992 U.Ill.L.Rev. 819 (1992); Anand Agneshwar, Note: Rediscovering God in the Constitution, 67 N.Y.U.L. Rev. 295 (1992); Note, Defining “Religion” in the First Amendment: A Functional Approach, 74 Cornell L. Rev. 532 (1989); Craig A. Mason, “Secular Humanism” and the Definition of Religion: Extending a Modified “Ultimate Concern Test, 63 Wash. L. Rev. 445 (1988); George C. Freeman, III, The Misguided Search for the Constitutional Definition of “Religion,” 71 Geo. L.J. 1519 (1983); Steven D. Collier, Beyond Seeger/Welsh: Redefining Religion under the Constitution, 31 Emory L.J. 973 (1982); Jesse H. Choper, Defining “Religion” in the First Amendment, 1982 U. Ill. Rev. 579, (1982); Note, Toward a Constitutional Definition of Religion, 91 Harvard L. Rev. 1056 (1978). 9 133 U.S. 333, 342 (1890). 10 367 U.S. 488, 495 n. 11. 11 280 U.S. 163,176 (1965); 398 U.S. 333,344 (1970). 12 The conscientious objector statute provided an exemption to those opposed to war because of deeply held moral, ethical, or religious beliefs. This is a different standard from that of “free exercise of religion” clause under the First Amendment of the Constitution. The Supreme Court has not extended the “parallel belief” definition, i.e. moral and ethical beliefs, to First Amendment freedom of religion claims. The Court in Wisconsin v. Yoder, 406 U.S. 205, 216 (1972),


Although the Supreme Court has done little to comprehensively define what “religion” is for First Amendment purposes, it has provided guidelines for attempting to determine whether a set of beliefs is “religious.” Thus, an individual may be required to demonstrate that his religion is bona fide to receive First Amendment protection.13 This is not the say that a court may consider whether religious beliefs are true or false. To the contrary, people may believe what they cannot prove and may not be put to the proof of their religious doctrines and beliefs.14 Nor may courts rely on traditional ideas about what constitutes a religion. Religious beliefs need not be acceptable, logical, consistent, or comprehensible to merit First Amendment protection.15 Just the same, however, courts will look into the bona fides of a religion and attempt to define the characteristics of that religion when someone invokes First Amendment protections for himself from government regulation.16 The importance of determining whether a religion is bona fide or not has become especially crucial since passage of the Religious Freedom Restoration Act of 1993 (RFRA).17 This federal law attempts to restore the compelling governmental interest test that predated the Supreme Court’s 1990, decision in Employment Division v. Smith.18 Prior to 1990, local, state or federal government could not apply rules or laws against individuals in

specifically said that contemporary secular or social values are not the same as religious values for First Amendment purposes. 13 Yoder, at 406 U.S. 205, 215-216. See also, Theriault v. Carlson, 495 F.2d 390, 395 (5th Cir., 1974) (establishing a standard of “religious sincerity” for First Amendment claimants, thereby closing out “sham” religions). 14 United States v. Ballard, 322 U.S. 78, 92 (1944). 15 Thomas v. Review Board, 450 U.S. 707, 714 (1981). 16 Founding Church of Scientology v. United States, 409 F.2d 1146 (D.C. Cir.1969). 17 42 U.S.C. § 2000bb, et. seq. RFRA provides that government may not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability unless the law or rule causing the burden is in furtherance of a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest. 18 494 U.S. 872 (1990).


unemployment compensation cases if the rules or laws would burden an individual’s right to freely exercise his religion, unless the government could justify the need for imposing such rule or law. In justifying the need, the government would have to show that it had more than a simple need or interest in imposing the law; it had to have a compelling governmental interest. In Smith, the Supreme Court virtually eliminated the requirement that a government justify burdens on the exercise of religion imposed by laws of general applicability, i.e., that are otherwise neutral toward religion.19 Thus, substance abuse counselors in Smith who had been terminated from their jobs for ingesting an illegal substance (peyote) during a religious ceremony, could not successfully invoke the First Amendment to justify use of the illegal substance. The public outcry against the Smith decision resulted in passage of RFRA in 1993.20 Unexpectedly, the repercussions of RFRA has resulted in hundreds of lawsuits for exemption from general laws,21 some of which are based on questionable religious beliefs. State and local governments claim RFRA unduly burdens them, exceeds constitutionally guaranteed religious freedom limits, among other things, and therefore should be struck down as unconstitutional.22 The Supreme Court has agreed to rule on the 19 Smith did not eliminate the compelling interest test altogether. Rather it interpreted its applicability narrowly to cases involving the free exercise of religion as well as other constitutional protections, e.g. freedom of speech; or where a law is not neutral, but is specifically motivated to impact religious practice. Smith at 877, 881. 20 RFRA specifically states that its purpose is to restore the pre-Smith compelling interest test set out in Sherbert v. Verner, 374 U.S. 398 (1963) (whereby governmental actions in unemployment compensation claims that substantially burden a religious practice must be justified by a compelling governmental interest), and Wisconsin v. Yoder, 406 U.S. 205 (1972) (upholding the religious right of the Amish to an exemption from compulsory public education for their children unless the State of Wisconsin could demonstrate that the overall interests of the State outweighed the religious interests of those affected by compulsory education laws). 21 See, Joan Biskupic, High Court to Rule on Religion Law: ‘93 Measure Protecting Acts of Faith Produces Hundreds of Lawsuits, WASHINGTON POST, Oct. 16, 1996, at A1. 22 Id.


constitutionality of RFRA during its 1996-97 term.23 In the meantime, federal courts are struggling to balance the provisions of RFRA against the narrower scope of constitutionally protected religious freedom articulated by the Supreme Court in Smith. The most formidable challenge faced by judges adjudicating RFRA cases is determining what constitutes religion under the act. Congress did not define religion in RFRA, but expressly states that the purpose of the act is to reestablish pre-Smith standards of religious freedom.24 Perhaps the most comprehensive and ambitious attempt by a federal court to define what constitutes religious beliefs and activity was rendered by the U.S. District Court in U.S. v Myers.25 After having canvassed the cases on religion and cataloguing the factors that courts have used to determine whether a set of claimed beliefs are “religious” for First Amendment purposes, the court reasoned that the following factors should be considered in determining whether a set of beliefs are “religious”:26

23 Id. The case before the Court is City of Boerne v. Flores, and involves a Texas city’s attempt to prevent a local church from modifying and enlarging its historic building. 24 Claimants under RFRA must establish that the law or rule in question substantially burdens the free exercise of a “religious activity.” The courts are left with the task to decide what constitutes religion or religious activity, since Congress did not define those terms. Thus, by default, the courts are compelled to define religion, either directly or indirectly. 25 906 F.Supp. 1494 (Dist. Ct. Wyoming, 1995) (affirmed on appeal, 25 F.3d 1475, 10th Cir. 1996). Tenth Circuit rulings prevail only in the states of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. Courts in other circuits may apply the rulings in this circuit, but are not required to. 26 The Court gleaned many of the factors upon which it relies from the following cases: Africa, 662 F.2d at 1025; Malnak 592 F.2d at 197; United States v. Sun Myung Moon, 718 F.2d 1210 (2d Cir. 1983); Founding Church of Scientology, 409 F.2d at 1146; Washington Ethical Soc’y v. District of Columbia, 249 F.2d 127 (D.C. Cir. 1957); Kauten, 133 F.2d at 703; Sherr, 672 F.Supp. at 81; Jacques, 569 F.Supp. at 730; Church of the Chosen People v. United States, 548 F. Supp. 1247 (D.Minn.1982); Womens Services, P.C. v. Thone, 483 F.Supp. 1022 (D.Neb.1979), aff’d, 636 F.2d 206 (8th Cir.1980); Stevens, 428 F.Supp. at 896; Remmers, 361 F.Supp. at 537; Kuch, 288 F.Supp. at 439; Fellowship of Humanity, 315 P.2d at 394. (906 F.Supp. 1494, at 1503, footnote 9).


1. Ultimate Ideas: Religious beliefs often address fundamental questions about life, purpose, and death. As one court has put it, “a religion addresses fundamental and ultimate questions having to do with deep and imponderable matters.” Africa, 662 F.2d at 1032. These matters may include existential matters, such as man’s sense of being; teleological matters, such as man’s purpose in life; and cosmological matters, such as man’s place in the universe. 2. Metaphysical Beliefs: Religious beliefs often are “metaphysical,” that is, they address a reality which transcends the physical and immediately apparent world. Adherents to many religions believe that there is another dimension, place, mode, or temporality, and they often believe that these places are inhabited by spirits, souls, forces, deities, and other sorts of inchoate or intangible entities. 3. Moral or Ethical System: Religious beliefs often prescribe a particular manner of acting, or way of life, that is “moral” or “ethical.” In other words, these beliefs often describe certain acts in normative terms, such as “right and wrong,” “good and evil,” or “just and unjust.” The beliefs then proscribe those acts that are “wrong,” “evil,” or “unjust.” A moral or ethical belief structure also may create duties -- duties often imposed by some higher power, force, or spirit -- that require the believer to abnegate elemental self-interest. 4. Comprehensiveness of Beliefs: Another hallmark of “religious” ideas is that they are comprehensive. More often than not, such beliefs provide a telos, and overreaching array of beliefs that coalesce to provide the believer with answers to many, if not most, of the problems and concerns that confront humans. In other words, religious beliefs generally are not confined to one question or a single teaching. Africa, 662 F.2d at 1035. 5. Accouterments of Religion: By analogy to many of the established or recognized religions, the presence of the following external signs may indicate that a particular set of beliefs is “religious”:


a. Founder, Prophet, or Teacher: Many religions have been wholly founded or significantly influenced by a deity, teacher, seer, or prophet who is considered to be divine, enlightened, gifted, or blessed. b. Important Writings: Most religions embrace seminal, elemental, fundamental, or sacred writings. These writings often include creeds, tenets, precepts, parables, commandments, prayers, scriptures, catechisms, chants, rites, or mantras. c. Gathering Places: Many religions designate particular structures or places as sacred, holy, or significant. These sites often serve as gathering places for believers. They include physical structures, such as churches, mosques, temples, pyramids, synagogues, or shrines; and natural places, such as springs, rivers, forests, plains, or mountains. d. Keepers of Knowledge: Most religions have clergy, ministers, priests, reverends, monks, shamans, teachers, or sages. By virtue of their enlightenment, experience, education, or training, these people are keepers and purveyors of religious knowledge. e. Ceremonies and Rituals: Most religions include some form of ceremony, ritual, liturgy, sacrament, or protocol. These acts, statements, and movements are prescribed by the religion and are imbued with transcendent significance. f. Structure or Organization: Many religions have a congregation or group of believers who are led, supervised, or counseled by a hierarchy of teachers, clergy, sages, priests, etc. g. Holidays: As is etymologically evident, many religions celebrate, observe, or mark “holy,” sacred, or important days, weeks, or months. h. Diet or Fasting: Religions often prescribe or prohibit the eating of certain foods and the drinking of certain liquids on particular days or during particular times. i. Appearance and Clothing: Some religions prescribe the manner in which believers should maintain their physical appearance, and other religions prescribe the type of clothing that believers should wear.


j. Propagation: Most religious groups, thinking that they have something worthwhile or essential to offer non-believers, attempt to propagate their views and persuade others of their correctness. This is sometimes called “mission work,” “witnessing,” “converting,” or proselytizing. [emphasis added]

The Meyers court emphasized that “it cannot rely solely on established or recognized religions to guide it in determining whether a new and unique set of beliefs warrants inclusion” and that “no one of these [above listed] factors is dispositive, and that the factors should be seen as criteria that, if minimally satisfied, counsel the inclusion of beliefs within the term ‘religion.’”27 While a shorter definition and description of “religion” or “religious beliefs” than the one set out above might be preferred, development of a succinct yet comprehensive definition maybe judicially impractical given the religious diversity of this society.28 Until the Supreme Court decides otherwise, the definitions of “religion,” “religious activity” and “religious beliefs” articulated in future cases are likely to be the same or similar to the one adopted in Meyers for “religious beliefs” because every lower court is obligated to rely upon many of the same precedents from which the Meyers court constructed its composite. Thus, regardless of the outcome of the Supreme Court’s constitutionality ruling in future RFRA cases, we can expect to see challenges to purported religious beliefs measured against the “religious beliefs” factors expressed in Meyers, including those attributed to mainstream Islam or alternative forms of nontraditional Islam.

27 Meyers at 1503, supra, note 25. The Meyers court was engaged in reviewing and ultimately rejecting the claim that the Church of Marijuana was a bona fide religion under RFRA, even though this so-called church had few of any of the religious indicators identified by the Court. The church’s only ceremony involved the smoking and passing around of marijuana cigarettes (joints) in order to experience “peaceful awareness,” vulgarly known as “getting high.” RFRA has generated a plethora of similarly ludicrous “religious” claims. 28 Id. at 1501.


B. The Treatment of Islam Under State and Federal Law Islam, perhaps, is the only major religion in modern U.S. history whose adherents have been targeted in general under a state or federal law for discrimination and surveillance.29 At the same time, however, Islam has received open acceptance and recognition by the White House,30 Congress 31 and Supreme Court.32 As discussed below, some courts have attempted to define Islam, deemed it a religion, interpreted its tenets and even called a nontraditional version of it “heretical,” despite longstanding judicial policy against valuating sincere religious beliefs.33 Perhaps one of the most egregious violations of religious freedom in U.S. history was committed by the State of Alabama, when from 1961 until 1970, all Muslims entering the state were deemed possible subversives along with nazis and communists.

29 See, infra, the discussion of Wallace v. Brewer, 315 F.Supp. 431 (1970) and U.S. v. Rahman, 854 F.Supp. 254 (1994). 30 On February 20, 1996, the White House hosted an end of Ramadan celebration for the first time in history. See, Amatullah Sharif, First Lady Hillary Rodham Clinton Hosts Muslims for Eid Al Fitr Celebration, MUSLIM JOURNAL at 1, March 15, 1996. 31 Imam Siraj Wahhaj of Brooklyn, NY, led the House convocation prayer on June 25, 1991, and Imam W.D. Mohammed did the same in the Senate February 6, 1992. In each instance, it was the first time in history that a Muslim opened congress in prayer. See, 137 Cong. Rec. H 4947 and 138 Cong. Rec. S 1103, respectively, for the full text of their prayers. The history of how the opening convocation began and its constitutional legality is fascinating. See, Irshad Abdal-Haqq, The Legality of Prayer in Congress, MUSLIM JOURNAL, March 13, 1992. In 1979, the Senate with the concurrence of the House, officially commemorated the advent of Islam’s 14th centennial. See, 14th Centennial Commemorated as Senate Extols Al-Islam, Nov. 9, 1979 -- both Houses, BILALIAN NEWS, at 3, Nov. 9, 1979. 32 On December 6, 1996, KARAMAH -- Muslim Women Lawyers for Human Rights, hosted a reception at the U.S. Supreme Court, during which time Justice Scalia delivered a speech on the limits of Constitutionally protected religious freedom. 33 U.S. v. Ballard, 322 U.S. 78, 86 (1944), (declaring under U.S. law that there is no such thing as “heresy” and that “incredible,” even “preposterous” religious views must be tolerated).


Under state statute,34 any Muslim entering Alabama and planning to stay for more than a day was required, among other things, to comply with the following requirements:

1. A Muslim remaining in Alabama for as long as one day had to register with the department of public safety on or before the fifth consecutive day that such person remained in the state;

2. Registration had to be under oath and include the name (including any assumed name used or in use), address, business occupation, purpose of presence in the state of Alabama, sources of income, place of birth, places of former residence, and features of identification, including fingerprints, of the registrant; organizations of which registrant was a member; names of persons known by registrant to be Muslim; and any other relevant information requested by the department of public safety; and

3. All members of Muslim organizations had a responsibility to register (or cause to be registered) all such organizations with the department of public safety. This registration also had to be under oath and included detailed personal, business and financial information.35

Failure to comply with the registration requirement constituted a felony punishable by a fine from $1,000 to $10,000, or imprisonment for two to ten years, or both.36 No definition of “Muslim”37 was included in the statute, which was finally struck

34 Code Ala.1940, Title 14, §97(4a). 35 Id. 36 Id. 37 Prior to the late 1970s or so, many non-Muslim Americans (and some mainstream Muslims) distinguished so-called “Black Muslims” of the Nation of Islam from mainstream Muslims, by referring to the later as “Moslems.” See, for example, one court’s semantical applications in Bryant v. Wilkins, infra note 56 and the accompanying text. These two words, “Muslim” and “Moslem,” are


down a decade after its enactment by a three-judge federal court panel as unconstitutional on its face for vagueness and overbreadth.38 Though not repeated in other states, this statute demonstrates the depth of hostility Islam has experienced and may continue to experience in some parts of the country. Widespread federal government surveillance of Islamic centers, masajid (mosques) and religious activities (particularly in the New York City area) was revealed during and after the 1995 trial of Sheikh Omar Abdel Rahman, the blind Egyptian cleric, convicted of sedition and conspiracy to levy an Islamic war of urban terrorism39. The key government witness in the trial was F.B.I. informant, Emad Salem, who made “hundreds” of secret audio and video tapes of Abdel Rahman’s sermons (khutbahs) and conversations in and around New York, as well as the conversations and activities of other co-conspirators.40 Following Abdel Rahman’s conviction, New York law enforcement officials said they were prepared for retaliatory attacks, thus implying that general surveillance of Muslim activities were continuing.41 While conspiracies to commit English transliterations for one Arabic word pronounced “Muslim” which refers to adherents of Islam; thus the two words mean the same thing. The Alabama legislature’s attempt to target a religious group it called “Muslim” probably was directed toward the Nation of Islam, but out of sheer ignorance, the legislature incorporated the entire Muslim world, thereby making the law all the more damning. 38 Wallace v. Brewer, 315 F.Supp. 431 (1970). Because “Muslim” was not defined in the statute, prosecution of any Muslim was possible, regardless of organization or faith group affiliation. The statute was successfully challenged by so-called “Black Muslim” members of the Lost Found Nation of Islam, whose organization faced particularly hostile government action against its expanding business operations in Alabama. The court avoided addressing whether the Lost Found Nation of Islam’s interpretation of Islam constituted a “religion” under the First Amendment by restricting its analysis to constitutional questions of vagueness, over broadness , and the First Amendment right of freedom of association. 39 U.S. v. Rahman, 854 F.Supp. 254 (1994); Joseph P. Fried, The Terror Conspiracy: The Overview; Sheik and 9 Followers Guilty of a Conspiracy of Terrorism, October 2, 1995, NEW YORK TIMES at A1. 40 Id. 41 Id.


terrorism should be detected and thwarted, some Muslims are concerned they are being targeted for excessive surveillance and therefore discriminated against by local and federal authorities. According to media reports, some Muslims believed Islam itself was put on trial during the Abdel Rahman trial.42 The most disturbing and far-reaching aspect of the Abdel Rahman affair is not that so much that he and his co-defendants were convicted, but that he essentially was convicted of expressing unpopular religious views that normally are protected under the First Amendment. He was convicted under an antiquated Civil War era sedition law 43 that now apparently attaches guilt for “subversive” religious preaching. To what extent such sedition statutes will be used to impair future religious preaching? When does a religious sermon become a triable felony, and are Islamic sermons more likely to be attacked than those of other religions? Is a call for the destruction of the wicked and corrupt in government more likely to be prosecuted as seditious if expressed within the context of Islam or other minority faiths than in Christianity and Judaism? The answers to these questions are not apparent, but it is apparent that other non-Islamic militant, religious preaching, e.g. that of religious-oriented private state militia group leaders, has not been subjected to same level of scrutiny or treatment,44 and government policy may have had a chilling effect on Islamic expression in the United States.45 42 Id. 43 18 U.S.C. §2384, which defines and proscribes seditious conspiracy as follows: “If two or more persons in any State ... conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder or delay the execution of any law of the United States ... they shall each be fined not more than $20,000 or imprisoned not more than 20 years, or both.” 44 See, generally, Joseph Grinstein, Jihad and the Constitution: The First Amendment Implications of Combating Religiously Motivated Terrorism, 105 Yale L.J. 1347 (1996), urging that the treatment of religious speech be treated differently under sedition laws from that of other speech. 45 See The Abd’ Al Rahman Report July/August/September 1995 at 8, wherein the newsletter editors complain about the lack of support for Abdel Rahman displayed by the Islamic Consultative Council, made up of New York area masajid (mosques). They imply fear on the part of Muslim leaders was the culprit and argue that weak leadership heads the council -- and vehemently attacking Imam Siraj Wahhaj.


Between 1961 and 1995, American Muslims experienced blatant religious discrimination that was the law of the land in Alabama and an apparent federally sanctioned policy of surveillance of Islamic activities in and around New York, that may or may not be even more expansive and continuing. This reality should be cause for pause by all faith groups and constitutional law experts. Closer monitoring and resistance against extending this trend is in the interest of everyone who cherishes freedom of expression and freedom of religion, because under the standard established in the Abdel Rahman case, government now can effectively outlaw certain religious beliefs through intimidation and repression.46 During the same period the Alabama law was in effect, a number of courts engaged in analyzing Nation of Islam beliefs and comparing them to mainstream Islam. These cases involved incarcerated Nation of Islam members seeking to obtain recognition of their faith group as a “religion” for freedom of religious practice purposes. In a few instances, the courts felt compelled to distinguish “orthodox” Islam from Nation of Islam theology, even though qualitative judgments between orthodox and unorthodox religion dogma should not have been within their purview of review.47 In a 1962 District of Columbia case, Fulwood v. Clemmer,48 46 Grinstine, supra note 40 at 1349. 47 Over the years, there has been a plethora of Nation of Islam religious freedom prison cases. Through them a rich body of prisoners’ religious rights law has developed. See, Comment, Black Muslims in Prison: Of Muslim Rites and Constitutional Rights, 62 Columbia L. Rev. 1488 (1962), strongly advocating recognition of Nation of Islam religious freedom for inmates. While the article contains some factual inaccuracies, its conclusions are sound. According to the article, “Black Muslims’ claim to the status of a legitimate religion appears to have been rejected only in the prisons.” 48 206 F.Supp. 370 (D.D.C. 1962). The Court declared Nation of Islam theology a religion in spite of negative expert testimony offered by Father Charles M. Whelan (testifying that he did not know of any other religion that “teaches racial hatred as an essential part of the faith of the religion.”) The Court determined that the Muslim faith as practiced by the Nation of Islam is a religion because the “Muslims believe in Allah as their God ....They regard their religion as the religion of Islam which teaches submission to the will of Allah. According to their religion Muslims must pray at least five times per day. They must give charity to support the cause of Islam. They must believe in the scriptures, including the Koran, and in the prophets including the prophet Mohammed.” Fulwood at 372-373.


the Court recognized the “Muslim faith” as practiced by Nation of Islam members as a “religion” but would not make a qualitative distinction between it and mainstream Islam, and noted that there was no evidence in the record as to whether the Nation of Islam faith was an authentic offshoot of the Islamic religion. In a 1964 federal case, Martin X. Sostre v. Paul D. McGinnis, the Court, citing Fulwood, did express qualitative statements regarding the Nation of Islam’s religion, saying the differences between it and “orthodox Islam” were more striking than similar,49 and that while the Nation of Islam’s beliefs “must” be recognized as a “religion,” the groups activities are not exclusively religious in nature.50 In State v. Cubbage (1965),51 the prison administrator at New Castle Correctional Institution refused inmate requests to engage in religious activities because he had unilaterally determined that Black Muslim teachings and beliefs did not constitute a religion.52 The Court, however, believed itself “constrained” to rule that Black Muslim beliefs did constitute a “religion,” but not before also finding those beliefs “heretical” to mainstream Islamic principles.53 The intriguing aspect of the Cubbage case is the fact that the Court actually cited in its opinion numerous authorities that barred it from rendering qualitative judgments on religion,54 yet it

49 334 F.2d 906, 908 (1964). 50 Id. at 907. 51 State v. Cubbage, 210 A.2d 555 (Del. Sup. Ct., 1965). 52 Id. at 557. 53 Id. at 559. 54 Citing U.S. v. Ballard, 322 U.S. 78 (1944) (that the law knows no heresy), Follett v. Town of McCormick, S.C., 321 U.S. 573, 577 (1944) (that constitutional protection is not restricted to orthodox religious practices), and Fowler v. State of Rhode Island, 345 U.S. 67, 70 (that it is no business of courts to say that what is a religious practice or activity for one group is not religion under the protection of the First Amendment). Id. at 563.


permitted and even adopted the qualitative evaluation of an expert witness and otherwise expressed its negative views on the inmates’ religion calling it heretical, inflammatory, and implying that the Black Muslim religious beliefs might even be preposterous and incredible.55 Despite highly prejudicial and qualitative statements, the Court reached the conclusion desired by the prison inmates, i.e. that the Nation of Islam’s interpretation of Islam constitutes a bona fide “religion” entitled to constitutional protection. Cubbage, though only a Delaware decision, is cited widely in prisoners’ rights and religious freedom cases. It recognized the religious legitimacy of Nation of Islam doctrine, but it also unquestionably distinguished mainstream Islam from Nation of Islam theology. In Bryant v. Wilkins, the New York corrections commissioner had refused to recognize the Nation of Islam as a religious entity.56 Instead, he declared it an invented religious cult and a sham.57 In rendering his description as to what Islam is, the commissioner stated that the New York State “Commissioner and Wardens ‘distinguish’ between the orthodox religion of Islam as proclaimed by Mohammad of Arabia in or about the year 622 A.D. and the religious cult of the said Poole, alias Elijah Muhammad.”58

55 Renown Columbia University orientalist, Prof. J. Schacht testified at trial that there were “extensive and basic differences” between the “Mohammedans and Black Muslims. Cubbage at 559. Based on Schacht’s testimony the Court declared “that such religion as taught by the Black Muslims is not the same as has been and is taught by Mohammedans generally. I find that these two religions are incompatible, except for a given acceptance by the Black Muslims of what is taught in the Koran or Quran. It clearly appears to me that the teachings of those who are Black Muslims is heretical insofar as the Mohammadan faith is concerned.” Professor Schacht’s testimony refuted that of Minister Hardin X, who testified that the Nation of Islam practiced the same historic religion of Islam as practiced by Muslims throughout the world. 56 258 N.Y.S.2d 455, 458 (1965). 57 Id. 58 Id. at 459.


The Court struck down the commissioner’s policy as unconstitutional, citing U.S. v. Ballard.59 In another prisoners’ religious rights case, Lee v. Crouse,60 the federal district court in Kansas determined the “Black Muslim sect or cult” to constitute a religion, but went to extraordinary lengths to distinguish it from mainstream Islam, and even refused to refer to the Nation of Islam religion as “Islam.” In the beginning of its opinion, the Court defined “Islam” and “Moslem” to mean one of the world religions which include Hinduism, Chinism, Buddhism, Shintoism, Confucianism, Islam, Judaism and Christianity.61 In referring to the religion of the Nation of Islam, the Court adopted the following terms: “Black Muslims,” “The nation of Islam in North America headed by the Honorable Elijah Muhammad,” “The Muslim Sect or cult,” and “Muslim.”62 The Court then went on to highlight the following differences between “Black Muslims” and “Moslems”: 63

The fundamental Moslem teaching is the brotherhood of all men without reference to color, race and nationality. The Black Muslims take a racist position of solidarity of the black people against the white with supremacy of the black people over the white...

Black Muslims believe Elijah Muhammad is a messenger of Allah .... contrary to the fundamental Moslem teaching that revelation moved to a climax and concluded with the prophecies of Mohammad as revealed in the Koran.

The Moslem belief of the origin of man is the same as the Hebrew and Christian tradition, whereas the Black

59 Id. 60 284 F.Supp. 541 (1967). 61 Id. at 545. 62 Id. 63 Id.


Muslims believe that the original man was black and the white man was conceived by the black man as a result of a special method of birth control law.

Black Muslim interpretations of the Moslem religion extract virulent denunciations of the white race from Biblical texts, and forecast a final holy war, an Armageddon, where the moral and theological superiority of the Negro race will be vindicated by the judgment of Allah.

The Court concluded its comparison by stating that the “Moslem faith” denies the validity of Black Muslim claims that their religion has historical antecedents in mainstream Islam.64 Despite these pronounced differences, the Court ultimately defined the “Black Muslim” faith as a “religion” because of its affinity with mainstream Islam:

... although the Black Muslim movement advocates a substantial, highly controversial political program, and its appeal rests importantly on racist and other than purely religious considerations, it does have religious characteristics, including a deity, a theological view of man and history, derivative moral values, and emphasis on religious observances. We hold that the Black Muslim sect or cult insofar as it follows Islamic teachings of the Koran constitutes a religious body, whose religious beliefs, as opposed to its purely activist secular and political aspects, may be considered a religion.65

By defining the Nation of Islam’s religion within the context of mainstream Islam, the Court bootstrapped the former into the latter, and avoided the possibility of being charged with redefining 64 Id. 65 Id. at 547.


the Nation of Islam’s definition of itself against its will. The U.S. Supreme Court in Clay v. U.S., recognized for the first time Nation of Islam doctrine as being essentially religious in nature.66 Muhammad Ali (formerly Cassius Clay), on the basis of his religious convictions as a member of the Nation of Islam, refused to be inducted into the armed services and instead applied for, but was denied, a conscientious objector exemption.67 While the majority opinion did not include a valuative analysis or definition of Islam or the Nation of Islam’s theology, the Court did review, incorporate and acknowledge the government’s own statements conceding that Ali’s beliefs were sincere religious beliefs that were founded on “basic tenets of the Muslim religion as he understood them, and derived in substantial part from his devotion to Allah as the Supreme Being.” 68 Based on these concessions and other legal errors made by the U.S. Department of Justice in advising the Selective Service Appeal Board, the Court concluded that Ali was wrongly denied an exemption.69 While the majority opinion managed to avoid any significant discussion of Islam and its tenets, the concurring opinion of Justice Douglas discussed and defined the parameters of Islam at length.70 To support his argument that Ali should have been granted an exemption, Justice Douglas attempted to demonstrate that Ali’s religious conviction opposing war and military service, fit squarely within the Qur’anic injunctions regarding jihad. He first provided a quote from Ali’s earlier testimony:

“[T]he Holy Qur’an do teach us that we do not take part of -- in any part of war unless declared by Allah himself,

66 403 U.S. 698 (1970). 67 Id. at 699. 68 Id. at 703. 69 Id. at 703-705. 70 Id. at 705-710.


or unless it’s an Islamic World War, or a Holy War, and it goes as far -- the Holy Qur’an is talking still, and saying we are not to even as much as aid the infidels or the nonbelievers in Islam, even to as much as handing them a cup of water during battle.”71

Justice Douglas then went on to define jihad narrowly as a physical, military campaign, ostensibly because that is how Ali related his position on military service. Quoting from Majid Khadduri’s War and Peace in the Law of Islam, Justice Douglas defined “jihad” as a Koranic injunction to the believers to war against nonbelievers as set out in Surah (chapter) 61, Ayats (verses) 10-13 of the Qur’an.72 Khadduri’s translation of these verses are as follows:

“O ye who believe! Shall I guide you to a gainful trade which will save you from painful punishment? Believe in Allah and His Apostle and carry on warfare (jihad) in the path of Allah with your possessions and your persons. That is better for you. If ye have knowledge, He will forgive your sins, and will place you in the Gardens beneath with the streams flow, and in fine houses in the Gardens of Eden: that is the great gain.”73

The opinion then incorporated what is purported to be a translation of the same passage that appeared in the Sale edition of the Koran:74

71 Id. at 707. 72 Id. at 708. 73 Id. 74 According to the opinion the Sale edition of the Koran first appeared in England in 1734. The quoted passage is from the 1923 edition (9th ed.). Id. A. Yusef Ali, translator of the most widely read English interpretation of the Qur’an, dates the Sale translation from 1737 and maintains that Sale based his translation on the Maracci Latin translation. In A. Yusef Ali’s words, “[c]onsidering that Maracci’s object was to discredit Islam in the eyes of Europe, it is remarkable that Sale’s translation should be looked upon as a standard translation in the English-speaking world.” Maracci, a Confessor to Pope Innocent XI, produced his Latin translation in 1689 and included “carefully selected and garbled [quotations]... so as to give the worst possible


“Thus God propoundeth unto men their examples. When ye encounter the unbelievers, strike off their heads, until ye have made a great slaughter among them; and bind them in bonds; and either give them a free dismission afterwards, or exact a ransom; until the war shall have laid down its arms. This shall ye do. Verify if God pleased he could take vengeance on them, without your assistance; but he commandeth you to fight his battles, that he may prove the one of you by the other. And as to those who fight in defense of God’s true religion, God will not suffer their works to perish: he will guide them, and will dispose their heart aright; and he will lead them into paradise, of which he hath told them. O true believers, if ye assist God, by fighting for his religion, he will assist you against your enemies; and will set your feet fast....”75

While acknowledging that “war is not the exclusive type of jihad,” the overwhelming message presented through the opinion is that physical war is the peak of the religion and that jihad is a form of punishment to be inflicted upon Islam’s enemies, non-Muslims and polytheist.76 Justice Douglas concluded his opinion by stating in a footnote

impression of Islam to Europe.” To call the Sale version a notorious translation would be an understatement, yet Justice Douglas relied upon it rather than other, more reputable English translations, to evaluate the Islamic value system. See, A. YUSEF ALI, THE HOLY QUR’AN, TEXT, TRANSLATION AND COMMENTARY xix (Amana Corp. 1983) (1934). [hereinafter Holy Qur’an or Qur’an]. Surah is the technical Qur’anic term for chapter, while ayat is the term for verse. Each surah of the Qur’an is composed of a varying number of ayats. In future citations the number of the surah will precede the number of the ayat, with the two being separated by a colon, e.g. “2:183.” 75 U.S. v. Clay, supra note 66 at 708. 76 Id. at 709.


that “The last attempt to use the jihad as a significant force was made in 1914 by the Ottoman sultan; but it failed and the jihad has fallen into disuse.”77 Jihad, of course, is much more complex than characterized in the opinion. It centers on individual development, and never has fallen into “disuse” as an article of religious practice. Yet, anyone conducting legal research on “jihad” or “Islam” is likely to come across Douglas’s probably well-meaning but narrow characterization.78 Islam’s history in American statutory and case law has ranged from being virtually banned in the case of the Alabama statute, to being defined and analyzed in some detail by both state and federal judges. The consideration of Islam in its traditional and nontraditional form by the courts has enriched our understanding of the scope of our right to exercise religious freedom. Islam promises to expand its contribution to American jurisprudence in the future as we struggle to define the parameters of freedom of expression within the context of religious freedom. III. THE DEFINITION OF ISLAM UNDER ISLAMIC LAW

A. Islam: A Descriptive Definition

Islam is an Arabic word meaning submission.79 The formal 77 Id. at 709, footnote 3. 78 The concept of jihad has long been mischaracterized by the non-‐Muslim world. The following remarks from Imam W. Deen Mohammed’s home page on the internet lucidly express the Muslim concern with this misconception: “As long as there exist in the world injustice, oppression, capricious and arbitrary claims, war will be a necessity and a fact of life. Islam permits war only in defense against aggression. Islam makes it clear that there is no compulsion in religion. That Islam was preached at the point of the sword ‘is one of the most fantastically absurd myths that certain pseudo-‐historians have ever repeated.’ Nevertheless, many a sincere non-‐Muslim historian has stated clearly that all the wars which could be described as Jihad or holy wars have been in self-‐defense.” See, <www. worldforum. com/islam/htm>. 79 WARITHUDDIN MUHAMMAD, PRAYER AND AL-ISLAM 16 (1982) [hereinafter W.D. MUHAMMAD].


designation for the Muslim religion is Al-Islam, meaning complete submission to the will of Allah. The definite article al in Arabic means the, and corresponds with the definite articles el in Spanish or French le. It is typical to hear Muslims refer to their religion interchangeably in English as Islam or Al-Islam. The use of the term Islam is not considered offensive or wrong in American English, and so is used throughout this article. The term Muhammadan now is considered offensive by Muslims, although it was acceptable and widely used by many premodern Muslim and non-Muslim scholars. The words Islam and Muslim derive from the same Arabic root s-l-m, which connotes, among other things, peace, security, soundness, and integrity.80 It is from this root that the word salaam (peace) originates. Consequently, a Muslim is a person who enters into the peace and submits to the will of Allah (God).81 There are five fundamental principles of practice in Islam. They are: (1) Declaration of Belief -- That there is no deity besides Allah and that Muhammad Ibn Abdullah of 7th century Arabia is Allah’s servant and last messenger; (2) Prayer -- To observe formal prayers five times a day; (3) Fasting -- To observe the Ramadan fast; (4) Zakat -- To give regular charity; and (5) Pilgrimage -- To perform pilgrimage (hajj) to Mecca at least once.82 The origin of Islam is perceived differently by Muslims and non-Muslims. Where non-Muslims date the beginning of Islam with Muhammad (pbuh)83 in 7th century Arabia, Muslims consider

80 THE HANS WEHR DICTIONARY OF MODERN WRITTEN ARABIC 424 (J. Milton Cowan ed., 1976). 81 W.D. MUHAMMAD, supra note 79, at 16. 82 Id. at 37. 83 Whenever Muhammad or another prophet is mentioned verbally or in writing, it is traditional for Muslims to invoke Allah’s peace and blessing. Thus, in many writings and speeches Muhammad’s name often will be followed by the parenthetical (PBUH) or its Arabic equivalent, meaning “May the peace and blessing of Allah be upon him.” Throughout the balance of this article it will appear from time to time. A common alternative parenthetical apparent in the writings of others will contain the transliterated Arabic abbreviation of the same words -- (SAAW).


all the prophets of the Bible, Abraham, Moses, Jesus, etc., as Muslim and believe that they all delivered portions of the same continuous and consistent message that culminated in Muhammad’s delivery of the Qur’an.84 Thus, Muslims do not believe that the message of Islam started with Muhammad -- rather they believe that Allah’s message to humankind was completed through Muhammad (pbuh). The very last words of the Qur’an as related chronologically by Muhammad 85 read as follows:

This day have I perfected your religion for you, completed My favor upon you, and have chosen for you Islam as your religion.86

Consequently, for Muslims, Allah (the Creator) in the Qur’an specifically and clearly gives the perfected religion for humankind a proper name, “Islam,” and established through His Messenger, Muhammad ibn Abdullah, an excellent example as to how Islam should be practiced:

Ye have indeed in the Messenger of Allah a beautiful pattern (of conduct) for anyone whose hope is in Allah and the Final Day, and who engages much in the praise of Allah.87

84 W.D. MUHAMMAD, supra note 79, at 23. See also Holy Qur’an, supra note 74, at 2:131-132, wherein it is revealed that Abraham submitted to Islam and left his example as a legacy to his sons; and 42:13: “The same religion has He [Allah] established for you as that which He enjoined on Noah -- That which We have sent by inspiration to thee [Muhammad] and that which We enjoined on Abraham, Moses, and Jesus...” 85 W.D. MUHAMMAD, supra note 79, at 15. 86 Holy Qur’an, supra note 74, at 5:3. 87 Id. at 33:21.


For Muslims, the Qur’an and traditions of Muhammad (Sunnah) are the primary sources of Islamic law (the Shariʻah).88 All mainstream Islamic communities and schools of jurisprudence recognize the preeminence of these two sources.89 Where the Qur’an might only provide general guidance on an aspect of life, the Sunnah often provides intimate details. The following tradition reflects the answer given by Muhammad when asked to define Islam:

Narrated Abu Huraira: One day while the Prophet was sitting in the company of some people, the angel, Gabriel, came and asked ....‘What is Islam?’ Allah’s Apostle replied, ‘To worship Allah alone and none else, to offer prayers perfectly, to pay the compulsory charity (zakat) and to observe fasts during the month of Ramadan.’ Then he further asked, ‘What is Ihsan (perfection)?’ Allah’s Apostle replied, ‘To worship Allah as if you see Him, and if you cannot achieve this state of devotion then you must consider that He is looking at you.’90

Other recorded traditions of Muhammad reiterate the importance of the four fundamental elements of faith cited above, in addition to hajj (pilgrimage to Mecca).91 Thus, for mainstream Muslims, the definition of Islam can be expressed succinctly

88 See, Irshad Abdal-Haqq, Islamic Law: An Overview of Its Origin and Elements, 1 J. Islamic Law 1 (1996), for a description of Islamic law and the priority of the sources of law [hereinafter Abdal-Haqq]. 89 Id. at 6. 90 IMAM AL-BUKHARI, 1 SAHIH AL-BUKHARI 42 (Muhammad Muhsin Khan trans., undated) [hereinafter AL-BUKHARI]. 91 Id. at 17, and IMAM MUSLIM, SAHIH MUSLIM (Abdul Hamid Siddiqui trans., 1976) [hereinafter SAHIH MUSLIM].


through its basic elements, all of which are required by Allah in the Qur’an.92 The detailed implementation of these elements could have been subject to extreme innovation but for the examples and guidance provided by Muhammad, himself, and preserved by his companions. In summary, to fit within the “fold” and definition of Islam, an individual or community first would have to accept the Qur’an as the divine word of Allah and Muhammad ibn Abdullah (pbuh) as the Last Messenger of Allah -- the other elements or “pillars” of Islam flow directly from and through these two preeminent authorities. Numerous individuals and organizations in the United States have adopted definitions of “Islam” that conflict with and often contradict the mainstream definition. Adherents of these other philosophies call themselves “Muslim” and in many respects appear to be followers of the mainstream definition of Islam. The principles of belief of alternative brands of “Islam” usually include one of the following elements that are anathema to mainstream Islam: (1) an-thropomorphism or polytheism; (2) a messenger or prophet subsequent to Muhammad ibn Abdullah; (3) A “holy” book in addition to or in lieu of the Qur’an; and (4) formal racist policies. In analyzing the tenets of belief of any group whose philosophy include one or more of these indicators, it is advisable to request the official literature of the organization and to assume that you are not evaluating mainstream Islam. The following subsections provide analyses as to how these distinctive elements are treated in mainstream Islam. B. Distinctive Elements of Mainstream Islam 1. Absolute Monotheism. One of the Qur’an’s definitive expressions of monotheism in Islam is found in surah (chapter) 112, where Muhammad and the Muslims are directed to say the following about Allah:

92 Holy Quran, supra note 74, at surah 112 (One God); (prayer) 2:238; (regular charity) 2:43; (fasting during Ramadan) 2:185; and (pilgrimage) 2:196.


Al Ikhlas: The Purity of Faith

In the Name of Allah, Most Gracious, Most Merciful.

1. Say: He is Allah, the One and Only; 2. Allah, the Eternal, Absolute; 3. He begetteth not, nor is He begotten; 4. And there is none like unto Him.93

The oneness and unity of Allah is the first and central tenet of belief in mainstream Islam. As expressed in the above quotation, Allah is the only One to Whom worship is due. He is eternal and has neither parents nor children. Not only is Allah, one, He also is unique. “There is none like unto Him.” Any faith group identifying a man or created thing as the godhead, therefore, is not within the fold of mainstream Islam. Likewise any group attributing characterizations of anthropomorphism in Allah separates itself from mainstream Islam. Such groups usually have, besides the Qur’an and Sunnah of Muhammad, separate sources of theological authority which must be consulted in evaluating their definition of “Islam.” The following two verses from the Qur’an further emphasizes the gravity of the sin of violating the paramount tenet of faith regarding Allah’s oneness:

Allah forgiveth not that partners should be set up with Him; but He forgiveth anything else, to whom He pleaseth; to set up partners with Allah is to devise a sin most heinous indeed.94

Allah forgiveth not (the sin of) joining other gods with Him;

93 Id. at surah 112. 94 Id. at 4:48.


but He forgiveth whom He pleaseth other sins than this: one who joins other gods with Allah, hath strayed far, far away (from the right).95

Forgiveness, however, may be granted for any sin committed in ignorance:

Allah accepts the repentance of those who do evil in ignorance and repent soon afterwards; to them will Allah turn in mercy; for Allah is full of knowledge and wisdom.96

Within the mainstream Muslim community it is not uncommon to find opposition bordering on outrage against nontraditional organizations that embrace Islamic as well as anthropomorphic and polytheistic doctrine.97 This opposition

95 Id. at 4:116. 96 Id. at 4:17. A. Yusef Ali, in his footnote to this verse, compares blasphemy in the spiritual kingdom to treason in the political kingdom, thereby warranting severe opposition against it. 97 A distinction must be recognized between polytheism and anthropomorphism. The former, of course, involves the belief in more than one deity and/or attributing partners with Allah as co-creators or co-rulers of the creation -- this is the unforgivable sin. Anthropomorphism may or may not involve polytheism. It is not polytheistic when the idea is that Allah is One, but that He has certain attributes we find in the creation. Literal fundamentalist interpreters of Qur’an point to the words of the Qur’an and Sunnah to support their anthropomorphic position -- Allah “sees, hears, touches, feels, reaches out,” has a “face” and “hand” etc. The consensus of Muslim communities and scholars of Islam reject this view. Instead, expressions of Allah’s attributes and actions in earthly language are considered metaphors. A group accepting all of the principles of mainstream Islam but insisting on this type of limited anthropomorphic interpretation of Qur’an probably would be considered a part of mainstream Islam. The more objectionable form of anthropomorphism incorporates polytheism. Under such doctrine, a group or individual might claim that Allah is or is incarnated in a specific human being (an anthropoid) who should be obeyed without question, prayed to and otherwised worshipped. The worship of any created thing, whether material, intellectual, or spiritual, is, for mainstream Muslims, the most rank form of polytheism and blasphemy. To cloak such theology in Islamic terminology makes it all the more objectionable.


usually exceeds what one usually would expect to encounter in interdenominational debates on monotheism in theology. This is because the mainstream community views violations of the purity of Allah’s oneness by groups calling themselves Islamic as a form of treason. After all, the Qur’an, itself, directs the Muslims to seek agreement as between Islam and other faith groups purporting to practice monotheism, i.e. “people of the Book” (Christians and Jews):

Say: “O people of the Book! Come to common terms as between us and you: that we worship none but Allah; that we associate no partners with Him; that we erect not, from among ourselves, lords and patrons other than Allah.” If then they turn back, say: “Bear witness that we (at least) are Muslims (bowing to Allah’s will).”98

For people calling themselves “Muslim” to deliberately associate partners with Allah is regarded by mainstream Muslims as contempt for Islam’s central message and all that it aspires to establish.99 In summary, an organization’s descriptive definition of Allah, as the Supreme Being, that departs from the mainstream conception, is a clear indicator that the group follows religious doctrine that would not be defined as “Islam” under Islamic law. 2. The Finality of Prophethood. Another indicator which distinguishes mainstream Islam from nontraditional movements is the treatment and position of Muhammad ibn Abdullah (pbuh) within the organization’s theology. In mainstream Islam, Muhammad is the last messenger of Allah, and the seal of the 98 Quran, supra at note 74, 3:64. 99 The various media are replete with reports and articles in which mainstream Muslims seek to disassociate mainstream Islam from, for example, Nation of Islam theology. See for example, Yasmine Bahrani, Pilgrimage to Dictators: Farrakhan’s comments are puzzling to Muslims in America and elsewhere, WASHINGTON POST, March 3, 1996, at C7; and Caryle Murphy, Ali Decries Farrakhan’s Words: Leader Accused of Misstating Islam, WASHINGTON POST, July 5, 1984, at C6.


prophets. These two tenets are expressed in the following verses from the Qur’an:

By the Quran, Full of Wisdom -- Thou art indeed One of the Messengers, On a Straight Way. It is a revelation sent down by (Him), the Exalted in Might, Most Merciful.100

Muhammad is not the father of any of your men, but (he is) the Messenger of Allah, and the Seal of the Prophets; and Allah has full knowledge of all things.101

In addition to the Qur’an, Muhammad’s Sunnah (traditions) further establishes his mission and position as the Last Messenger. His words on the topic are set out in the following three hadiths:

My similitude in comparison with the other prophets is that of a man who has built a house nicely and beautifully except for a place of one brick in the corner. The people go about it and wonder at its beauty but say: ‘Would that this brick be put in its place!’ So I am that brick, and I am the last of the prophets.102

The Israelites used to be ruled and guided by prophets: whenever a prophet died, another would take his place. There will no prophet after me but there will be Caliphs who will increase in number.103

100 Holy Qur’an, supra note 74, 36:2-5 101 Id. at 33:40. As highlighted by A. Yusuf Ali in the footnote to this verse: “When a document, matter, or thing is sealed, it is closed; it is completed. Muhammad closed the long line of Messengers.” 102 4 AL-BUKHARI, supra note 90, at 483. The same hadith is reported by Sahih Muslim. IV SAHIH MUSLIM, supra 91, at 1235. 103 4 AL-BUKHARI, supra note 90, at 439.


Thus, for mainstream Muslims, this is no arbitrary tenet. Allah, Himself, has issued a decree that Muhammad is His Messenger and the last of the messengers. Muhammad, himself, in numerous hadiths, reiterated Allah’s decrees. Any group purporting to be Islamic but rejecting Muhammad and/or following someone claiming to be a messenger coming after Muhammad, is not following the same definition of Islam under Islamic law as mainstream Muslims. In such instances, the peculiar literature of that group must be reviewed in determining the parameters of its religious requirements. 3. The Qur’an and Traditions of Muhammad. Some nontraditional groups that identify with Islam have their own “qur’an” and do not give much regard to the traditions of Muhammad. In mainstream Islam, however, the Qur’an as presented to the Muslims by Muhammad is the primary source of religion. Secondarily, the traditions (Sunnah) of Muhammad (pbuh) is considered a leading legal and religious authority.104 In his last sermon, Muhammad told the congregation of Muslims that his legacy to the community was the Qur’an and his traditions, from which the people should never stray.105 For mainstream Muslims, the origin and veracity of the Qur’an are expressed in the Qur’an itself: “This is the revelation of the Book in which there is no doubt -- from the Lord of the Worlds,”106 and “The revelation of the Book is from Allah, the Exalted in Power, Full of Wisdom.”107 Acceptance of another “book” subsequent to the Qur’an as revealed and the elevation of

104 See generally, Irshad Abdal-Haqq, Islamic Law: An Overview of Its Origin and Elements, 1 J. Islamic L 1 (1996), for a more thorough discussion of the primary and secondary sources of Islamic law. 105 ABDUL HAMEED SIDDIQUI, THE LIFE OF MUHAMMAD (PBUH) 287 (1975)[hereinafter SIDDIQUi]. 106 Holy Qur’an, supra at note 74, 32:2 107 Id. at 45:2. Also see, 3:2-3 (indicating that Allah also sent the Torah and Gospel).


the traditions of another person to that of Muhammad’s, subsequent to Muhammad, are anathema to mainstream Islam. As we shall see, there are nontraditional groups that identify themselves as “Islamic” which do exactly this. 4. Condemnation of Racism. The Qur’an and Sunnah of Muhammad dispel the validity of racism and race superiority. Consider the following verse from the Qur’an that celebrates diversity:

O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes that ye may know each other (not that ye may despise each other). The most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well-acquainted (with all things).108

In Muhammad’s (pbuh) last speech, he incorporated the same sentiment as expressed in the previous verse when directly addressing the issue of race superiority:

O people! Verily your Lord is one and your father is one. All of you belong to one ancestry of Adam and Adam was created of clay. There is no superiority for an Arab over a non-Arab and for a non-Arab over an Arab; nor for white over black nor for the black over the white except in piety. Verily the noblest among you is he who is the most pious.109

Thus, the issue of racial superiority, that one race is inherently virtuous and the other evil, has no place in the mainstream definition or description of Islam. Islam rejects the idea of a chosen

108 Holy Qur’an, supra note 74, at 49:13. 109 SIDDIQUi, supra note 105, at 288-289.


people or a god race or a devil race.110 The idea of a divine or chosen race is not new and has plagued religious and secular relations for time immemorial. It, therefore, is not surprising that some organizations continue to promote race-related dogma. Such dogma, however, cannot be reconciled with the principles and spirit of mainstream Islam.111

110 Imam W. Deen Mohammed eloquently addresses this issue, as well, on his home page: “Islam enjoins the faith in the unity and sovereignty of God, which makes man aware of the meaningfulness of the universe and his place in it. It frees him from all fears and superstitions by making him conscious of the presence of the Almighty God and his obligations towards Him. This faith must be reflected and translated into actions. Faith is not enough in Islam. Belief in one God necessitates to look upon the whole humanity as one family under the universal benevolence of God - the Common Creator and Nourisher of all. Islam rejects the idea of a chosen people, making faith in God and good action the sole key to heaven, establishing a direct relationship with God open to all alike, without any intercessor.” <www.worldforum.com/ moiwdm/about/al_islam.htm>. 111This is not to say that there is no racism among and between Muslims. Unfortunately, quite the contrary is the reality. Some mainstream American Muslims have been infected by the same perverse thinking as is apparent in the greater society. In its most subtle form, African Americans encounter the same “invisible man” treatment (i.e., in meetings they are treated as if they’re not saying anything worthy of consideration, but their progressive and valuable ideas and developments are later appropriated) during meetings with immigrants and their progeny, as they encounter with non-Muslim Caucasians. At its worst, the racism is blatant. One African American Muslim reports that during a recent New England Islamic prayer service sponsored by an immigrant community at the end of Ramadan, a young boy turned to his father and asked: “Daddy, why are there ‘niggers’ here.” The words of an innocent child? Perhaps, but more likely the influence of a not so innocent parent. The point here is that just as de jure racism was eradicated in American jurisprudence over the last four decades, it was eradicated in Islam over 1,400 years ago. The struggle to cure the disgraceful prejudices of individuals, however, whether Muslim or non-Muslim, continues. Additionally, race prejudice as between Muslims is no more limited to skin color, than it is among non-Muslims. Consequently, racial and cultural animosity between Arabs, Pakistanis, Egyptians, Turks, etc. does exist -- just as European Americans (Jews, Irish, Italian, Polish, etc) continue to harbor varying degrees of ill will towards one another. Ultimately, racism among practicing Muslims is not as severe and widespread as it is among non-Muslim Americans. Egalitarianism is an article of faith in mainstream Islam, therefore, the sincere believers are compelled to suppress racist inclinations.


The oneness of Allah, finality of prophethood through Muhammad ibn Abdullah, acceptance of the truth of Qur’an and the authority of Muhammad’s Sunnah -- these are the elements of mainstream Islam from which most nontraditional groups deviate. Through deviation, such groups formulate religions they call “Islam” but which are unacceptable to the worldwide Muslim community. Where this phenomenon occurs, the jurist or other analyst must obtain from the claimants, the peculiar religious documents that articulate the particulars of their specific religious group. The widely available English translations of the Qur’an and Hadiths of Muhammad would not suffice, although these also might be needed in evaluating some nontraditional religions. 5. The Concept of Mahdi (Messiah or Second Coming of Jesus). Like many Christians and Jews, many Muslims believe in the coming of the Messiah, Second Coming of return Jesus (pbuh), or “Mahdi” (ideal Islamic leader), whose mission will be to purify, renew, or revive the religion. A recurring attribute of nontraditional groups that identify with Islam is the claim that a messiah, mahdi, or Christ has appeared or still is among them or associated with them. Of course many mainstream Muslims believe in the concept of a mahdi, so mere expression of belief in the concept is not a clear indicator that nontraditionalist doctrine is being expressed. Whereas many religious people in all major faiths concede that the Second Coming of Jesus, Messiah or Mahdi could refer to an entire community of people or a state of mind,112 nontraditionalists tend to believe that the Messiah is an individual. As we shall see, the Nation of Islam, the Ahmadiyyah Movement and others claim that the “Mahdi” has appeared among them as an

112 See, Larry Witham, Messianic Claims Have Rocked Most World Faiths, WASHINGTON TIMES, November 5, 1994 at A13, in which the author maintains that for some in every religion the Second Coming has been redefined to mean a state of mind, a symbolic future hope, or achievement of global social justice.


individual and either died or is in hiding. The Qur’an makes no direct reference to a “Mahdi,” although at least one translator has interpreted a particular ayat (verse) to say that the return of Jesus will be a sign that the hour of judgment is near.113 The other primary legal authority, the Sunnah of Muhammad, includes several hadiths referencing the Mahdi or Jesus’ return. One of the more detailed sayings of Muhammad (pbuh) on this topic, as set out below, is presented in S. Abul A’La Maududi’s114 comprehensive work on the doctrine of Islamic revivalism:

1. Your religion [Islam] originates from prophethood and Allah’s mercy and this will remain among you as long as Allah wills. 2. Then Allah will recall it and replace it by ‘Caliphate after the pattern of prophethood.’ Then Allah will bring this to an end. 3. Then it will be succeeded by tyrant kingship which will continue as long as Allah wills. Then Allah will bring it also to an end. 4. Then there will be the reign of terror which will

113 See, the Holy Qur’an, supra note 74, at 43:61, where A. Yusuf Ali renders the following translation: “And (Jesus) shall be a Sign (for the coming of) the Hour (of Judgment): therefore have no doubt about the (Hour), but follow ye me: this is a Straight Way.” In footnote 4662 accompanying the text, Ali says, “[t]his is understood to refer to the second coming of Jesus in the Last Days before the Resurrection, when he will destroy the false doctrines that pass under his name, and prepare the way for the universal acceptance of Islam, the Gospel of Unity and Peace, the Straight Way of the Quran.” I have not come across any other translation or interpretation specifically adopting this interpretation although the Maulana Muhammad Ali (Ahmadiyyah) translation, in a footnote to the same verse, acknowledges that the Arabic pronoun in the verse could reasonably be interpreted to refer to Jesus. Note, that the entire Qur’anic passage from which the pertinent verse comes is dedicated to a discussion of Jesus’ ministry. 114 The late Imam Maududi, of present day Pakistan, is among the most highly respected modern day Islamic scholars in the Muslim world. In addition to having translated the Qur’an into Urdu, there are many other publications to his credit.


remain as long as Allah wills. Then Allah will bring it also to an end. 5. Then will return the same ‘Caliphate after the pattern of prophethood’ which will administer the affairs of people according to the Sunnah of the Prophet, and Islam will take root in the earth. When it comes the heavens will generously shower their blessings and the earth will divulge all its treasures.”115 [emphasis added]

Maududi does not vouch for the authenticity this tradition, but does agree that it conforms to the spirit of all other traditions of similar content. According to him, three of the five referenced stages of history have already passed and the fourth one is “passing at present.” Maududi maintained that the fifth stage mentioned in the prophecy was on the horizon when he first published his book in 1940.116 In Maududi’s model, the Mahdi or “one rightly guided,”117 will be a special person (“an ideal mujaddid” or reviver of religion)118 who will establish a “Caliphate after the pattern of Prophethood.”119 The Mahdi is expected to “create a new School

115 SAYYID ABUL A’LA MAUDUDI, A SHORT HISTORY OF REVIVALIST MOVEMENT IN ISLAM 40-41(translated by Al-Ash’ari, 3rd edition 1976; originally published by in 1940). Maududi attributes this tradition as having been related to Shatibi in Muwaflqat and Maulana Ismail Shahid in Mansabi-Imamat but also acknowledges prophecies contained in the collected volumes of Hadith of Muslim, Tirmizi, Ibn-I-Majah and in Mustadrik. 116 Id. 117 Id. at 148. 118 Maududi concedes, however, that the work of any “mujaddid” or reviver during an Islamic renewal era could be initiated by a single person, a group of persons or even organizations of people. Additionally, he says, “[t]here may arise a number of persons in a number of countries contemporaneously and undertake the work of Islamic Revival. Conceivably an ideal “mujaddid” or Mahdi might also comprise of more than one person. Id. at 33-34. [emphasis added]. 119 Id. at 148.


of Thought on the basis of pure Islam, change mental attitudes of the people, and initiate a strong movement which will at once be cultural and political.”120 Another saying of Muhammad (pbuh) that references the Mahdi or return of Jesus, is the following:

How would you feel when the son of Mary [Jesus] makes his appearance among you, and he will be your Imam from among yourselves.121

The following three hadiths (sayings) of Muhammad regarding portents of the hour of the Judgment, two of which do not make reference to Jesus or a Mahdi, have been focused upon by some Muslim Americans as evidence that the rise of Islam in the West was predicted by the Prophet:

[The Last Hour] will not come until you see .... the rising of the sun in the west, [and] the descent of Jesus, son of Mary (Allah be please with him), .....122

The Hour will not be established until the sun rises from the West; and when the people see it, then whoever will be living on the surface of the earth will have faith, and this is (the time) when no good will it do to a soul to believe then, if it believed not before.”123

120 Id. at 44. 121 4 AL-BUKHARI 437 and I SAHIH MUSLIM 93, supra at notes 90 and 91. There is a line of reasoning among some Islamic scholars that Jesus and the Mahdi are two separate beings, whose appearances will be separate. According to this theory, an ideal imam or Mahdi will appear, after or during whose leadership Jesus will return. See footnote 665, Holy Qur’an, supra note 74, and footnote 298 of SAHIH MUSLIM, supra note 91. 122 IV SAHIH MUSLIM, supra note 91, at 1503-1504. 123 6 AL-BUKHARI 125, supra note 90, at 125.


When will the Hour be established? ..... When a slave (lady) gives birth to her master .... When the shepherds of black camels start boasting and competing with others in the construction of higher buildings. And the Hour is one of five things which nobody knows except Allah.124

Imam W. Deen Mohammed, a prominent mainstream U.S. Islamic leader and scholar, has interpreted the Advent (of the Mahdi, Messiah or Jesus) to mean the rise and establishment of the truth of Jesus’ message through a person or community that has received the word of Allah and who represents that truth in a perfect manner.125 This community of Christ would be a community of people that live as one body dedicated to living in accord with the particular message Jesus brought.126 This interpretation has taken root among those who identify with Imam Mohammed’s ministry, which comprises the single largest mainstream Islamic assembly in the United States. Acceptance of the doctrine of Mahdi is not a required tenet of belief in mainstream Islam. There has been much debate and discussion as to the authenticity of the mahdi hadiths.127 That numerous highly reputable collectors of hadith included them in the Hadith volumes, however, carries much weight, and the doctrine has had a tradition in Islam since the time of Muhammad. Its existence in the doctrinal elements of any Islamic group certainly is not an indication that the group is nontraditional or unislamic.Over emphasis on claims that an individual is a divinely ordained mahdi or messiah, who must be blindly followed, however, is a probable indication that a group is nontraditonal and does not restrict itself to mainstream standards of belief and behavior. Where such claims are apparent, a closer look at the theological texts of the group is warranted. 124 1 AL-BUKHARI 44, supra note 90, at 44. 125 W.D. MUHAMMAD, THE TEACHINGS OF W.D. MUHAMMAD 217-218 (1976). 126 Id. at 23. 127 See, generally, Maududi, supra at note 115.


C. The Distinction between Sunni and Shia (Shiite) Islam. Approximate ninety percent of all Muslims are identified as sunni, with the balance identified as shia (also spelled shiite, shi’i or shiah, and which means partisans of Ali, the fourth Khalif).128 The principle differences are two. First, the shia, found principally in Iran, Iraq, Syria and Lebanon, believe that the leader of the Muslim community, the khalif, must be a man who is a descendant of Muhammad.129 They await the emergence of a Muslim leader from the line of the prophet who will embody the wisdom and spiritual power of the Hidden or Twelfth Imam, who went into hiding at the age of four in 873 C.E.130 In the absence of the Twelfth Imam, his representatives, ayatollahs, provide interim leadership.131 Sunnis, on the other hand, impose no precondition of physical lineage to be considered for the position of khalif.132 The second significant difference is that the shia continue to recognize individual reasoning (ijtihad) as a legitimate source of Islamic law, while the sunni madhhabs forbid the current use of ijtihad.133 Relatively speaking, both these distinctions are unremarkable in the lives of ordinary Muslims in the United States. Sunnis and shias intermarry, pray together, befriend one another, and in all other respects accord full and equal recognition as Muslims to one another. The overwhelming majority of the Muslim world, typicially called sunni, believe that the leader may be any man who manifests appropriate qualities of leadership and character as

128 Thomas J. Abercrombie, The Sweep of Islam, in GREAT RELIGIONS OF THE WORLD 238, 255 (NATIONAL GEOGRAPHIC SOCIETY, ed. 1971). 129 Id. 130 IRA G. ZEPP, JR. A MUSLIM PRIMER 153-155 (1992). 131 Id. 132 Id. at 158. 133 Id.


demonstrated by Muhammad, and thus reject the shia view. Likewise the vast majority of American Muslims embrace the sunni view even while taking exception to being labeled or categorized as either sunni or shia.134 The beginning of shia doctrine is traced to the first century of Islam under Muhammad’s leadership. Subsequent to Muhammad’s death (632 C.E.135), the majority of the Muslim community elected Abu Bakr as khalif, while a minority believed Ali, the Prophet’s cousin and son-in-law, should have been deemed the new leader. Despite Abu Bakr, Umar, and Uthman’s tenure as khalifs, the shia recognize Ali, the fourth khalif, as the first legitimate imam after Muhammad and declared the other three disbelievers (kafirs). Eventually Ali was elected khalif, but like Uthman, the third khalif, Ali was assassinated (in 661 C.E.). Upon Ali’s death the governor of Syria, Muawiyah, who had served in that capacity since the time of Abu Bakr, declared himself khalif and his son, Yazid, successor, to the consternation of the shias. In 680 C.E. at the battle of Kabala, Ali’s youngest son, Husain, was defeated and killed by Yazid’s forces in a civil war over the leadership of the ummah. The shias attribute Husain’s defeat in part to shia betrayal and desertion. Each year in commemoration of the defeat at Karbala, the shias flagellate themselves in atonement. Although there are subgroups among the shia (and sunnis for that matter), the most recognized and leading component of them is the Twelvers, those who ascribe to the theory of the twelve imams. The twelfth descendant of Ali was named Muhammad. In 873 C.E., at the age of four, he went into hiding and has not to this

134 Many Muslim American believe very strongly that sectarianism has no place in Islam, and therefore resist acceptance of any divisive labels. This disposition flows directly from the Holy Qur’an which admonishes Muslims not to “break up into sects” and to “hold fast all together, by the rope which Allah (stretches out for you), and be not divided among yourselves..” Holy Qur’an, supra note 74 at 6:159, 3:103. Also see, the Holy Qur’an at 30:32, 42:13-14, 43:64-65, and 45:17. 135 C.E. means Christian Era and corresponds with A.D. typically used by non-Muslims. A.H., which often appears in Muslim literature, means After the Hijra (Muhammad’s flight from Mecca to Medina) in 622 C.E. , which marks year one in the Islamic calendar.


day revealed himself. He is therefore known as the Hidden Imam, The Twelfth Imam or Mahdi, and the faithful among the shias await his return. During his absence, ayatollahs serve in his stead. Many shias believed Ayatollah Khomeini might be the long awaited Twelfth Imam. In the sixteenth century, the Safawi dynasty established the Twelvers as the authority on Islamic religious matters in Iran (and nearby Iraq), where they have predominated ever since. Despite principle differences regarding the qualifications for serving as khalif and jurisprudential principles of legal analysis, the shia are recognized by the sunni and other mainstream Muslims as a legitimate component of the world community of Islam, rather than as a “sect” or nontraditional movement.136 IV. MAINSTREAM ISLAM IN THE UNITED STATES A. Composition of the Muslim Community The Muslim population in the United States is estimated to range from five to eight million and Islam is projected to become the nation’s second largest religion early in the next century.137

136 See, generally, Abdal-Haqq, supra note 88, at 52-53. 137 FAREED H. NU’MAN, THE MUSLIM POPULATION IN THE UNITED STATES 11 (1992); see also Carole Stone, Estimate of Muslims Living in America, in THE MUSLIMS OF AMERICA 25-36 (Yvonne Y. Haddad ed., 1991); John R. Weeks and Saad Gadalla, The Demography of Islamic Nations, POPULATION BULLETIN, Dec. 1988, at 52; and Yvonne Y. Haddad, A Century of Islam in America, THE MUSLIM WORLD TODAY, 1986 at 1, predicting 2015 as the date at which Islam will become America’s second largest religion. It is not uncommon to encounter publications and articles citing other data that already places Islam as America’s second largest religion or that predicts a sooner date than 2015. See, e.g.,IRA G. ZEPP, JR., A MUSLIM PRIMER xxi (1992), citing the year 2000 as the year during which Islam will surpass Judaism and become America’s second largest religion.


The total world Muslim population is estimated at 1.1 billion.138 African Americans comprise the single largest ethnic group of mainstream Muslims in America, with an estimated population ranging from 1.5 to over 4 million or about 43 percent of the total.139 Other ethnic percentages of Muslim Americans are as follows: Indian subcontinent (including Pakistan) 24.4 percent; Arab origin 12.4 percent; Iranian 3.6 percent; Africans 5.2 percent; Caucasian Americans 1.6 percent; South Asian (Malaysia, Indonesia, etc.) 2 percent; Turks 2.4 percent; other 5.6 percent.140 The U.S. Muslim community now has more than 200,000 businesses, 1,200 masajid (mosques) and 165 Islamic schools.141 Despite increasing numbers, most American adherents of Islam appear to be non-practicing, secular Muslims.142 The earliest Muslim immigrants to North America were unwilling, imported African slaves, many of whom came from kingdoms that had been Islamic for six to seven centuries prior to the slave trade.143 Even before European exploration, however, there are reports of Muslim navigators having explored parts of North and South America.144 The earliest Muslim immigrants coming to America on their own volition arrived from the Middle East in the late 1800s in search of job opportunities that would permit them to save enough money to return home and establish families. Many quickly discovered that they would never earn the amount of money they needed, and so remained in the United States. Over the course of the past century more immigrants

138 Steven Mufson, China’s Muslims Renew Faith, WASHINGTON POST, Sept. 2, 1996 at A17. 139 AMINAH BEVERLY MCCLOUD, AFRICAN AMERICAN ISLAM 1 (1995) [hereinafter MCCLOUD]. 140 The AMC Report, Summer/Fall 1992 at 1 (American Muslim Council, Washington, D.C., publisher). 141 STEVE BARBOZA, AMERICAN JIHAD 9 (1994) [hereinafter BARBOZA]. 142 Id. at 8; MUSLIMS COMMUNITIES IN NORTH AMERICA xvi (Yvonne Y. Haddad and Jane I. Smith, eds. 1994) [hereinafter Haddad and Smith]. 143 MCCLOUD, supra note 139, at 1. 144 BARBOZA, supra note 134, at 10.


arrived from Turkey, Africa, Pakistan, and many other countries. They have established their own separate ethnic-oriented communities in cities and towns across the country.145 Simultaneously, but on a separate course, Islam took root in the indigenous population, primarily among African Americans.146 For the most part, African Americans were introduced to Islamic concepts through nontraditional organizations that were not recognized as legitimately “Islamic” by mainstream Muslims.147 From the 1960s until now, however, the number of mainstream African American Muslims has mushroomed, with the single biggest “conversion” having occurred in 1975 when Imam W. Deen Mohammed began the process of supplanting the proto-Islamic 148 theology of the original Nation of Islam with Islam as prescribed by the Qur’an and exemplified in the Sunnah of Muhammad (pbuh). That single revolutionary transmutation resulted in an almost instantaneous transcontinental network of mainstream Islamic masajid (mosques), schools, and businesses in the North America. Other influential and prominent mainstream African American imams include: Atlanta-based, Jamil Al-Amin (formerly H. Rap Brown), who has more than thirty masajid affiliated with his Darul Islam leadership;149 and Brooklyn-based Siraj Wahhaj, who is most well known for combating substance abuse and advocating for community development.150 Khalid Al Mansour has been an

145 Haddad and Smith, supra note 142, at xvii, xxii. 146 Id. at xxiii; MCCLOUD, generally, supra note 139. 147 Id. 148 This is the term devised by C. Eric Lincoln to define Elijah Muhammad’s interpretation of Islam, as presented in Lincoln’s landmark study of the Nation of Islam, THE BLACK MUSLIMS IN AMERICA (1961). Prophetically, Lincoln’s hypothesis that this proto-Islamic community would evolve into full Islamic character came to pass after Elijah Muhammad’s death in 1975. 149 MCCLOUD, supra note 138, at 85-88. 150 137 Cong. Rec. H4947 (June 25, 1991).


influential Muslim lawyer and imam in the San Francisco area for more than twenty-five years151 and in cities across the country lesser known, but effective Muslim leaders have emerged through the African American community. In recent years, the social and cultural gulf between indigenous (African American, Caucasian, and Hispanic) Muslims and the immigrants (including second and third generation progeny) has begun to close. W. Deen Mohammed, who is extremely active in interfaith and intercultural affairs, has been credited with furthering this process.152 All in all, mainstream African American Muslims have taken the lead in challenging the immigrant community at-large to abide more strictly by Islamic tradition and not to disdain publicly displaying Islamic values and culture.153 For their part, the immigrants and their progeny have led the effort in establishing viable Muslim businesses and in building masajid (mosques). They also are endowed with a rich and deep knowledge of Islamic tradition and history, and have made major scholarly contributions. The mainstream Muslim presence in the United States is “real, vibrant, and growing.”154 As the various elements of the Muslim American community conjoin, an increased legal, economic, political, and cultural Islamic impact can reasonably be expected. The American venue presents Muslims with a special challenge and opportunity. There is the unparalleled freedom to establish and operate Islamic institutions without government interference or persecution. There, however, also exists the freedom for anyone to promote unislamic principles and unacceptable innovations under the banner of Islam, with little

151 See, for example, FAISSAL F. AL TALAL AND KHALID A. AL MANSOUR, THE CHALLENGES OF SPREADING ISLAM IN AMERICA (1980). 152 Haddad and Smith, supra note 142, at xix. 153 Id. at xxii. As noted earlier, a significant proportion of the Muslim population, both immigrant and indigenous, does not observe their religion very closely. 154 Id. at xxix.


legal recourse.155 B. The Ministry of W. Deen Mohammed Imam W. Deen Mohammed (also known as Wallace D. Muhammad) is the leading inspirational guide for over one million Muslim Americans - the single largest contingent. He has made an invaluable contribution to mainstream Islam and interfaith cooperation in America. One need only glimpse a sampling of his activities and the honors that has been bestowed upon him to realize the importance of his work. Only one Muslim spiritual representative was invited to participate in the interfaith prayer preceding President William J. Clinton’s 1992 inauguration -- Imam W. Deen Mohammed.156 On February 6, 1992, when the U.S. Senate finally agreed after two centuries to invite a Muslim imam to conduct the daily invocation, it invited Imam Mohammed.157 Earlier, in 1988, he was selected to participate in the symbolic signing of the First Amendment Charter for Religious Freedom in Williamsburg, Virginia as the signer representing Muslims in America.158 On February 5, 1992, the imam was invited to and delivered a historic address at the Pentagon on the fundamentals of the Islamic faith to chaplains in the American military.159 The following month in Georgia, the state of his father's birth, he delivered the first address of a Muslim leader on the floor of the Georgia State

155 THE MUSLIMS OF AMERICA 5 (Yvonne Y. Haddad ed., 1991). 156 The Clinton Inaugural: Sermon Inspires Clinton, NEWSDAY, Jan. 21, 1993, at 21. Mohammed’s preferred functional title is “Muslim American Spokesman for Human Salvation.” He operates out his Calumet City, IL office. The official entity under which he operates is called The Ministry of Imam W. Deen Mohammed. 157<www.worldforum.com/moiwdm/mission/profile.htm>. 158 Id. 159 Id.


Legislature to a standing ovation of elected representatives.160 In December 1994, the Hartford Seminary-- one of America's oldest and most revered schools of theology-- saluted Imam W. Deen Mohammed with its highest and most distinguished “Cup of Compassion” award for his trail blazing work in improving Muslim, Christian, and Jewish relations.161 Most recently he led a delegation of Muslim Americans on a goodwill mission to the Vatican where he was received by Pope John Paul II.162 To quote one recorder of the imam’s activities, “[h]is service for the promotion of universal human excellence has been well documented as he has established direct and genuine dialogue between the leaders of Islam, Christianity and Judaism. His clear and appreciable representation of the religion of Islam and unparalleled contribution toward building respect for Islamic life in America has merited him countless awards and many unprecedented acknowledgments.”163 Imam Mohammed was never enrolled in any formal program of training at Al Azhar University in Egypt or any other Islamic institution of higher learning and does not even hold an undergraduate degree; yet his ministry in Islam is recognized as the beaconing light of Islamic leadership by over one million Muslim Americans, most of whom are African American but which includes a cross section of ethnic groups.164 That he has garnered such national and international recognition is extraordinary. That Mohammed is the son of the late Elijah Muhammad, co-founder of

160 Id. 161 Id. 162 Ronald B. Shaheed, Historic Visit to the Vatican, MUSLIM JOURNAL, Nov. 22, 1996, at 1. 163 <www.worldforum.com/moiwdm/mission/profile.htm> 164 Steven Barboza, A Divided Legacy, EMERGE, April 1992 at 26. In this article Barboza incorrectly reports that Imam Mohammed fervently preaches a “love for whites.” In fact, he preaches the universal message of Islam, that people should be judgment by their actions and characters rather than by their skin color.


the Nation of Islam, makes his achievements and elevated position all the more extraordinary. Upon the death of Elijah Muhammad in February 1975, Imam Mohammed assumed stewardship of the Nation of Islam and “initiated a profound and exceedingly complex process of Islamic growth”165 that could easily have cost him his life.166 Over a period of several years, he executed a policy of metamorphosis that has been called nothing short of miraculous. Mohammed shed the mythological religious doctrine of the original Nation of Islam and carefully eased the membership into mainstream Islam. He changed the name of the organization from the Nation of Islam to the World Community of Islam in the West, then to the American Muslim Mission, and finally to no formal name or centralized structure at all.167 By dissolving the national organizational structure of the Nation of Islam and transferring operational responsibilities to the local communities, the imam insulated the community at-large from future political takeover and made it unattractive to personalities interested in attaining large scale power or access to enormous cash reserves. He also made it impossible for anyone to reverse or even compromise any of his changes. At the same time, however, he established an inviolable, intellectual, spiritual and

165 MCCLOUD, supra note 139, at 72. 166 Malik El Shabazz (formerly Malcolm X) was assassinated on February 21, 1965, in New York City by persons affiliated with the Newark Nation of Islam mosque for attacking the integrity of Elijah Muhammad and his teachings. BARBOZA , supra note 141, at 150. It was “Wallace” [W. Deen Mohammed] who encouraged Shabazz to study Islam more deeply; and thus, Wallace who influenced Shabazz’s spiritual evolution, rather than the other way around. In this respect, Shabazz was a precursor of Mohammed’s dramatic program for change for the Nation of Islam. Shabazz “felt that Wallace was [Elijah] Muhammad’s most strongly spiritual son, the son with the most objective outlook. Always, Wallace and I had shared an exceptional closeness and trust...I had always had a high opinion of Wallace Muhammad’s opinion.” ALEX HALEY, THE AUTOBIOGRAPHY OF MALCOLM X 297, 318. (1965) [hereinafter HALEY]. 167 See, generally, CLIFTON E. MARSH, FROM BLACK MUSLIMS TO MUSLIMS: THE TRANSITION FROM SEPARATISM TO ISLAM, 1930-1980 (1984) [hereinafter MARSH].


moral bond with each local masjid (mosque) congregation that was in the former national network. Consequently, Imam Mohammed’s influence runs deep and far in hundreds of masajid (mosques) and Islamic schools throughout the United States. By 1978, a contingent of anthropomorphist former leaders of the original Nation of Islam could no longer tolerate Imam Mohammed’s revolution. Louis Farrakhan and others departed from the path of mainstream Islam to form numerous new and separate organizations also called the Nation of Islam or something similar. Imam Mohammed does not believe that he is or was divinely authorized to lead America’s Muslims, “we don’t believe in any divinely ordained people in this religion,” he says, “The Qur’an is divine. The word of God is divine. Prophet Muhammad didn’t even accept being called divine.”168 He does believe, however, that the message he seeks to communicate is a vital one. He typically delivers a universal, interfaith message and has found receptive audiences everywhere. His influence in the Muslim communities that identify with him is quite strong. Consequently, interpretations and definitions associated with Islam and Islamic law that are rendered by him are likely to find their way into the policies and practices of mainstream Muslim Americans. Imam Mohammed was one of the earliest proponents of an American fiqh (Islamic jurisprudence), i.e. the practical application of Islamic law in a manner compatible with the concerns and conditions of Muslim Americans.169 It stands to reason that he will play an instrumental role in the development of an American school of Islamic jurisprudence as it blossoms in coming years.

168 BARBOZA, supra note 141, at 102. Contrast W. D. Mohammed’s view with Louis Farrakhan’s (at page 142), who believes himself divinely chosen to lead the Nation of Islam according to the Barboza interview report. 169 Irshad Abdal-Haqq, Islamic Law: An Overview of Its Origins and Elements, 1 J. Islamic L. 9 (1996).


V. NONTRADITIONAL INTERPRETATIONS OF ISLAM Numerous organizations characterize their religious and social movements as “Islam” or “Islamic,” but are not recognized by the mainstream Muslim community as being Islamic because they promulgate doctrines that contravene the basic Islamic principles and tenets of faith discussed earlier. The most typical doctrinal violations involve claims that Allah is a human being incarnated in a person with whom a group is associated and/or that someone other than Muhammad ibn Abdullah is the last messenger. Other anathematic elements include the promotion of racism, rejection of the tenet that the Holy Qur’an is Allah’s final message to humankind, and disbelief in life after death. Members of some of these organizations take great offense to any characterization that any principle of their religion is considered heretical to Islam. Many, if not most, members appear to be sincere, well meaning individuals seeking direction and discipline in their lives. For this reason, it warrants being patient with the membership and the organizations as they continue to evolve. Additionally, it may be that some of those members are sincere believers in God seeking a path to Islam for their constituencies.170 Consequently, while the doctrine of a nontraditional group might not be Islamic, the membership cannot with certainty be called “disbelievers” or “non-Muslim.” In legal or social service settings, the membership of most of these groups will present themselves as Islamic and Muslim. Perhaps the only way to know whether you are confronting a nontraditional set of beliefs cloaked in Islamic language is by measuring the principles of belief of that individual against the descriptive definition indicators set out in Part III of this article or other sources. With this degree of 170 The Holy Qur’an, supra note 74, at 4:94, warns the believers not to recklessly label others as nonbelievers. Careful investigation is prescribed and the believers are reminded that they were in the very same state as the apparent “nonbelievers” before their conversion. Additionally, a sincere person seeking truth through a religion would not balk at expanding his or her knowledge of that religion.


sensitivity in mind, we proceed to look at some of the detailed principles of belief of several major nontraditional organizations. A. Progeny of the Original Nation of Islam. The proper name of the original Nation of Islam (NOI) was The Lost-Found Nation of Islam. It was founded in the early 1930s by Wallace Fard Muhammad and the late Elijah Poole, who first adopted the name Elijah Karriem, and finally Elijah Muhammad, by which he is know today.171 The NOI was dedicated to uplifting the spiritual, intellectual, and economic condition of African Americans. It took root in the ghettos of America at a time of extreme economic hardship, during the height of the Great Depression, and during the heyday of racism and discrimination against blacks by white America. Both de jure and de facto racism was widely celebrated in the courthouse, as well as in the church. Elijah Poole’s generation, uneducated and unskilled, inherited the brunt of a cruel hoax called “freedom” following the Civil War. One generation up from slavery, they were born into an America that would rather have seen the emancipated slaves disappear. Consequently, many blacks people concluded that both the nation as a whole, and the church had failed them. Numerous religious and separatist movements sprang up in the early part of the century, including Marcus Garvey’s “Back to Africa” movement, Nobel Drew Ali’s Moorish Science Temple quasi-Islamic movement, and Elijah Muhammad’s Lost Found Nation of Islam. The latter organization co-opted the most virulent aspects of white racism and turned them against white America. Where the general society promoted a religion based on worship of a

171 Much of the history digested in this passage comes from ELIJAH MUHAMMAD, MESSAGE TO THE BLACKMAN IN AMERICA (1965) [hereinafter MESSAGE TO THE BLACKMAN]; and MALU HALASA, ELIJAH MUHAMMAD: RELIGIOUS LEADER (1990), and various MUHAMMAD SPEAKS articles. The Halasa book provides an excellent, detailed biographical report of Elijah Muhammad and intriguing photographs, including one of W. Fard Muhammad.


white god with a great white beard, his white crucified son, white angels and white saints; the NOI promoted the precept of a black god and black angels ready to execute justice against “white devil America.” While black people were portrayed as worthless, shiftless, immoral and lazy by many white American stereotypes, the NOI portrayed whites as immoral, genetically inferior devils doomed for annihilation. The reverse psychology of Fard and Elijah’s new religion reaped substantial results. The self-esteem of its black adherents was greatly enhanced. These disenfranchised people who could not vote, attend equally equipped schools and hospitals, hold important positions in business and politics, no longer wanted anything to do with America. They called for a land of their own carved from America. They opened their own businesses, schools, banks, supermarkets, factories, and farms. No other political, religious, economic, or educational program in the history of the United States had ever resulted in such wide-scale self-improvement in black people. Over time, America changed. Where at one time discrimination was the law of the land, the U.S. Supreme Court reversed itself in the 1954 Brown v. Board of Education decision.172 But while America evolved from its debased concept of unequal justice and moved closer to egalitarianism, the Nation of Islam, at least perceptively, did not -- primarily because its reason for being was embodied in the personality of a single individual, Elijah Muhammad -- an aging man who had yet to attain his objective of a separate black nation. From the mid-1950s through the early 1970s, one of Elijah Muhammad’s sons, Wallace D. Muhammad, who had been named after Wallace Fard Muhammad and was being groomed to succeed Elijah, was evolving in his perception of religion and Islam. His evolution was rooted in the same ardent desire to achieve freedom and justice for his people as was his father’s. The difference was that young Wallace’s direction of growth was towards the egalitarian ideal of mainstream Islam. According to Wallace, by the early 1970s, after having gone through a series of conflicts with 172 347 U.S. 483 (1954) (reversing Plessy v. Ferguson (1896)).


his father, the elder Muhammad had begun to lean towards Wallace’s view and before his death endorsed it. In 1975, Elijah Muhammad died. Wallace D. Muhammad (later W. Deen Mohammed) ascended to the leadership of the NOI after having mutually consulted with the organization’s top officials and ministers. While Elijah might have perceived Wallace’s intended direction of evolution for the NOI, the others had not a clue. The period of fighting racism with racism, fire with fire, had come to an end. America had at long last purged herself of de jure racism. Now, the full development of human excellence through pure Islam could begin. The revolutionary shift from one notion of God to the mainstream Islamic notion of God was readily accepted by the overwhelming majority of sincere believers in God from among the NOI membership. A small minority, however, left the organization, reverting to the former theology.173 From the mid-seventies until today no less than eighteen “Nation of Islam” splinter groups have been formed under separate leadership, competing for the same constituents, with each purporting to be the direct spiritual descendent of Elijah Muhammad and Master Fard Muhammad.174 Besides Louis Farrakhan’s group, there are several other strong organizations with thousands of members. The smaller groups, which are continuing to sprout up in cities across the country, are local, generally obscure and may have only a few members.175 According to one Farrakhan supporter, H. Khalifah, the appeal of classic (original) Nation of Islam theology is still popular among 173 This important historical event is somewhat analogous to and reminiscent of the time Prophet Muhammad was commanded to change the direction of prayer for the Muslims from Jerusalem to Mecca: “The fools among the people will say: ‘What hath turned them from the Qiblah to which they were used?’ Say: To Allah belongs the East and the West: He guideth whom He will to a way that is straight ... Indeed it was (a change) momentous, except to those guided by Allah.” Holy Qur’an, supra note 74, at 2:142-143. 174 W.K. Berry, Nation of Islam Labels Fueled by Half-Truths, THE ETHNIC NEWSWATCH, April 7, 1994, at A-1. 175 Id.


many African Americans because conditions that precipitated its creation, persist today. “Orthodox Islam doesn't address needs of African Americans today,” he says, “Prophet Muhammad took Christianity and Judaism to address needs of Arabs during his time; likewise, Islam must be adapted for needs today in America.” These latter day Nations of Islam generally follow the classic Nation of Islam theology as promulgated by Elijah Muhammad. Some groups, such as Farrakhan’s, have made innovations that distinguish them from the classic model; others are “purists” who condemn Farrakhan for his innovations. It is not the purpose of this article to provide a survey of each variation, but the basic orientation of the four largest progeny are set out below.176 The details as to what constitutes the pure elements of classic Nation of Islam theology under Elijah Muhammad are examined in Part VI of this article. 1. The Nation of Islam: Louis Farrakhan. In 1978, Louis Farrakhan177 broke away from W.Deen Mohammed’s reformation movement of the original NOI and established a new organization based in Chicago resurrecting the old name and reinstituting pre-1975 beliefs and program goals.178 His organization’s newspaper, the Final Call, lists the identical tenets of belief as the NOI under 176 In addition to the groups discussed in this Part, other NOI groups include the following: Minister Bashir Muhammad’s group, San Antonio, TX, which publishes its own Muhammad Speaks newspaper; The Council of Elders & its affiliate temple, Cleveland, OH set up by the late Minister Hamza; Jeremiah Shabazz’s group, in Philadelphia; Hamza Al-Hafiz’s group, Brooklyn, NY, which publishes a Muhammad Speaks; Levi Kareem’s group in Detroit; and Elijah Kareem of Washington, DC and the Mosque Al Mahdi also in Washington. This listing was obtained through a telephone interview with UBNUS Communications Systems, Hampton, VA, November 14, 1996. There also is an NOI information clearinghouse organization, The Coalition for the Remembrance of the Honorable Elijah Muhammad on the internet at <www.concentric.net/~croe/ croe.html>. 177 Biographical information on Farrakhan, not otherwise available, is succinctly presented in: George E. Curry, Farrakhan, EMERGE, August 1990, at 30. 178 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 893-894 (1993).


Elijah Muhammad, namely, “that Allah (God) appeared in the Person of Master W. Fard Muhammad, July 1930,” and that Fard is “the long-awaited ‘Messiah’ of the Christians and the ‘Mahdi’ of the Muslims.”179 All of the other tenets in the paper, mirror those of Elijah Muhammad’s original doctrine. Farrakhan’s NOI describes at its website home page more fully what Fard Muhammad and Elijah Muhammad represents in their religion. Master Wallace Fard Muhammad is described as the Messiah, Second Coming of Jesus, the Christ, Jehovah, God, and the Son of Man and Elijah Muhammad is defined as his “divine representative.”180 The major theologically-related difference between this branch of the NOI and most others is the belief that Elijah Muhammad is still alive.181 “I, Louis Farrakhan, am saying to the world that the Honorable Elijah Muhammad is not physically dead. I am further stating that he was made to appear as such as written in the Bible and in the Holy Quran, in order that the Holy Quran, in order that the Scriptures might be fulfilled.”182 In 1982, Farrakhan began publicly asserting that Elijah Muhammad, while ill in the hospital in 1975, escaped a death plot and since that time has been in hiding.183 This claim and others have caused Minister Farrakhan severe ridicule in the press, and even by competing Nation of Islam organizations. Minister Farrakhan believes that he is divinely chosen to lead the Nation of Islam, and while adhering to classic Nation of Islam theology, points to Muhammad ibn Abdullah, the Qur’an revealed through him, and his Sunnah as valid sources of Islamic religious

179 THE FINAL CALL, November 12, 1996, back page. 180 <www.noi.org/history/html> (November 5, 1996). 181 W.K. Berry, Nation of Islam Labels Fueled by Half Truths, ETHNIC NEWSWATCH, April 7, 1996, at A-1. 182 MCCLOUD, supra note 139, at 78. 183 ADIB RASHAD, THE HISTORY OF ISLAM AND BLACK NATIONALISM IN THE AMERICAS 88 (1991).


guidance.184 Consequently, he more readily fuses mainstream Islam with Nation of Islam theology. In evaluating religious requirements of his followers, mainstream and NOI authorities may need to be consulted. There are an estimated five to ten thousand members of this Nation of Islam.185 2. The Nation of Islam: Silas Muhammad. This Nation of Islam is based in Atlanta and emerged in 1977. It too teaches that Wallace Fard Muhammad is Allah and Elijah Muhammad is Allah’s Messenger. Silas moved his group from Los Angeles to Atlanta to hide from “Caucasians and the federal government.”186 The distinguishing factor in Silas’ program is its focus on obtaining reparations from the government for African Americans. In 1982, it began publishing its own newspaper, Muhammad Speaks. Silas Muhammad has about 21 temples across the United States under his leadership.187 In the recent past, conflicts between this group and Farrakhan’s nearly escalated into an all out war in Atlanta. The two groups now share an uneasy truce. 3. The Nation of Islam: John Muhammad. John Muhammad is the brother of Elijah Muhammad and uncle of W. Deen Mohammed. In 1978, he pulled out of W. Deen Mohammed’s American Muslim Mission and established a single Detroit temple dedicated to classic NOI theology. The group publishes a newspaper entitled Minister John Muhammad Speaks.188 The newspaper encourages the reading of the A. Yusef Ali translation of the Holy Quran, and maintains that Master Fard

184 BARBOZA, supra note 141, at 140-149. 185 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 894 (1993). 186 S.A. Reid, A House Divided: Will the End of a 19-year-old Feud Between Two Rival Factions of the Nation of Islam Signal a New Era for the Controversial Sect?, ATLANTA CONSTITUTION, March 19, 1994, at E6. 187 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 894 (1993). 188 Id.


Muhammad is Allah; that Elijah Muhammad is the last messenger of Allah; that Elijah Muhammad died a physical death in 1975; and that the “White man is the devil and always will be.”189 4. Emmanuel Abdullah Muhammad: The Caliph. In the late 1970s, Emmanuel Abdullah Muhammad broke away from W. Deen Mohammed’s leadership. He asserted his role as the Caliph of Islam raised to guide the people in the absence of Allah in the person of Wallace Fard Muhammad and his messenger, Elijah Muhammad. By 1982, his group had established two mosques, one in Baltimore, the other in Chicago. The Nation under this group continues the beliefs of the original Nation of Islam. It publishes its own newspaper, also called Muhammad Speaks.190 B. Ahmadiyyah Movement The Ahmadiyyah Movement in Islam, of late nineteenth century India, was a messianic one which claimed its leader, Ghulam Ahmad of Qadian, was the Mahdi and reappearance of Muhammad and Jesus.191 In 1889, Ghulam Ahmad (1835-1908), claimed that he was the reformer of the fourteenth century of the Islamic era (roughly corresponding to last twenty years of the nineteenth and first eighty years of the twentieth centuries of the Christian calendar) and was the Mahdi and Promised Messiah. That year he established the Ahmadiyyah Movement in Islam which claims to be a “fresh presentation of Islam.”192 The Ahmadiyyah Movement continues to exist and has mosques across

189 MCCLOUD, supra note 139, at 84. 190 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 895 (1993). 191 VII E.J. BRILL’S FIRST ENCYCLOPAEDIA OF ISLAM 1913-1936, 301 (M.Th. Houtsma et al eds., 1987) [hereinafter BRILL]. 192 <www.alislam.org> (December 23, 1996).


the world, including the United States.193 The organization estimates its worldwide membership at ten million. The North American membership numbers about ten to twenty thousand, with centers in at least thirty-seven U.S. cities and eighteen Canadian locations.194 Early in this century, the movement split in two, with the lesser segment, being led by Maulana Muhammad Ali, who characterized Ghulam as a mujaddid (reviver or renewer of the religion) rather than a prophet.195 This smaller group consider themselves to be within the framework of mainstream Islam and has published notable scholarly works on Islam.196 The larger group also considers itself to be fully “Islamic,” but the mainstream Muslim community considers both groups outside the circle of Islam because of Ghulam Ahmad unequivocal claims that he was a messenger. In various passages throughout the Ahmadiyyah materials, Ghulam Ahmad is quoted as claiming prophethood, which violates a central tenet of mainstream Islam, as well as claiming to be the Mahdi:

I am a Messenger and Prophet...I am the Messiah I say it with loudest voice [sic]...I am the Viceregerant of the King who is in heaven...I am the Messiah of the time, and I am the one who has communion with God...I am Muhammad and Ahmad, the chosen of God..messiah of all religions.197

In most every respect, the American Ahmadis behave as mainstream Muslims. Ghulam Ahmad was adamant in claiming to

193 I BRILLS, supra note 191, at 301. 194 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 890 (1993). 195 I BRILLS, supra note 191, at 301. 196 Id. See also, e.g., MAULANA MUHAMMAD ALI’S THE RELIGION OF ISLAM (1951) and his TRANSLATION OF THE HOLY QURAN (1928). 197 <www.alislam.org> (December 23, 1996).


be a mainstream Muslim with a fresh outlook.198 The movement, since its arrival in the United States in 1921, made major inroads into the black community.199 Within two years of its arrival, more than three dozen followers of Marcus Garvey joined the Ahmadiyyah movement through the propagation efforts of D. Mufti Sadiq.200 During and after the 1940s, many jazz musicians became Ahmadis, including Yusef Lateef, Ahmad Jamal, Dakota Staton, and Art Blakey.201 The key to understanding the difference between the Ahmadi definition of “Islam” and the mainstream Islamic definition is realizing the exalted reverence the Ahmadis have for Ghulam Ahmad and the utter disdain mainstream Islamic scholars have for him. Any meaningful analysis of Ahmadi theology must necessarily include the writings of Ghulam Ahmad and his successors. C. Moorish Science Temple In 1913, Timothy Drew, under the assumed name Prophet Noble Drew Ali, began teaching a mythological theology on the street corners of Newark to fellow African Americans.202 His teachings incorporated the language of Islam but very little of the formal principles. His movement, the Moorish Science Temple, eventually spread to cities across America. His ministry culminated with the publication of the Holy Koran of the Moorish Science Temple of America in 1927.203 In the chapter entitled “Religion,” Drew Ali proclaims that “There is but one Allah, the 198 Id. 199 ADIB RASHAD, THE HISTORY OF ISLAM AND BLACK NATIONALISM IN THE AMERICAS, 61-62 (1991). 200 Id. 201 BARBOZA, supra 14, at 14. 202 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 893 (1993). 203 Id.


author, the creator, the governor of the world; almighty, eternal, and incomprehensible.”204 An often-repeated prayer of the Moorish American reads as follows: Moorish American Prayer

ALLAH, the Father of the Universe, the Father of Love, Truth, Peace, Freedom and Justice. ALLAH is my Protector, my Guide, and my Salvation by night and by day, through His Holy Prophet, DREW ALI. (Amen).205

Drew Ali considered himself the last prophet of Allah and issued a set of divine laws for his followers. The laws and other instructions of his Koran cover a wide range of domestic and social responsibilities. In many respects, the religious doctrine developed by Fard Muhammad for the Nation of Islam duplicated Drew Ali’s.206 After Drew Ali’s disappearance and presumed death in 1929, the organization became fractionalized. Many temples merged with the Nation of Islam while others continued under separate leaders. There now exists at least two major groups and numerous smaller ones.207 Individual members of these organizations observe the Ramadan fast of mainstream Islam, even though most other formal rituals of mainstream Islam are not

204 NOBLE PROPHET, DREW ALI, HOLY KORAN OF THE MOORISH SCIENCE TEMPLE OF AMERICA (undated, c. 1927). A facsimile of the original proclaims it divinely prepared. It consists of 47 Chapters and an epilogue, all totaling 62 pages. It essentially is a pamphlet. 205

Id. 206 See, the text of the July 27, 1979 interview of W. Deen Mohammed at MARSH, supra note 167, at 107, et seq., during which the Imam shares his view that Fard Muhammad borrowed from Drew Ali in constructing his theological model. 207 The two groups are the Moorish Science Temple of America, Baltimore, MD and The Moorish Science Temple, Prophet Ali Reincarnated, Founder, also of Baltimore. ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 893 (1993). Like the Nation of Islam , numerous independent Moorish temples can be found in various cities.


formally observed.208 On October 12, 1979, a large national organization of Moorish Americans, the United Moorish American Movement, Inc., embraced mainstream Islam, in a formal declaration dated July 22, 1979, by declaring their faith in Islam, acknowledging Prophet Muhammad ibn Abdullah (pbuh) as the seal of the prophets and disavowing Noble Drew Ali as a prophet.209 In evaluating the religious claims of active Moorish Americans or Moorish Scientists, of which the population is aging and diminishing, the official documents, including the Noble Drew Ali Koran must be consulted. D. Nation of Gods and Earths (5% Nation of Islam) Nation of Islam co-founder, Wallace Fard Muhammad, developed lessons that were required study for the membership. In one of the lessons, it was established that five percent of the people of the world are the poor righteous, while ten percent are wicked bloodsuckers, and eighty-five percent make up the ignorant masses.210 The 5% Nation take their name from Fard’s lesson.211 Founded in 1964 by former Nation of Islam member, the late Clarence 13X (“Allah, The Father”), the 5% Nation (now called

208 See, MCCLOUD, supra note 139, at 55-56, where the author discusses her study of this peculiar interpretation of “Islam.” 209 Moorish Scientists Declare Shahada, BILALIAN NEWS, October 12, 1979, at 21. 210 Nation of Islam members are required to study specialized religious “lessons” developed by W. F. Muhammad and Elijah Muhammad. As a member masters one lesson he or she proceeds to the next one. The excerpts in this and future Parts of this article comes from the lessons of a former member, who has requested anonymity. The 5% issue is located in “Lost Found Moslem Lesson No. 2. (February 20, 1934)” [hereinafter Lesson No.2]. The answer to question number 16 of Lesson No. 2 describes the Five percent as follows: “They [the 5%] are the poor righteous teachers who do not believe in the teachings of the 10% and are all wise and know who the living God is and teach that the living God is the Son of Man, the supreme being, the (black man) of Asia..” 211 MCCLOUD, supra note 139, at 59-61.


The Nation of Gods [males] and Earths [females]) adhere to an ethical code that employs the language of Islam but whose followers explicitly disavow being Muslim.212 The following explanation is given as to why the members of the Nation of Gods and Earths are not Muslim:

We of the Nation of Gods and Earths study Islam as a Science not as a Religion... A Muslim, by definition, submits himself to Allah. In the religious paradigm Allah is not Muslim for he doesn’t submit to Self. In the Nation of Gods and Earths the Black man is defined as God. God does not submit. A Muslim upholds the five pillars; declaring there is no God but Allah, prayer, the tax for the poor, fasting, and the pilgrimage to Mecca. The Nation of Gods and Earths does not hold itself to any of these. We do not claim to be Muslim.213 [emphasis added]

While the official statement of the organization characterizes it credo as being non-religious, only scientific, Five Percenters use the language of religion and have evoked freedom of religion privileges on the basis of their belief system.214 To the extent that they are religious, they are anthropomorphists in the extreme sense of the concept -- not only worshiping a man-god, but worshiping “self” as that man-god. Thus, it is conceivable that other claims for religious privileges may be forthcoming by members of this organization despite published explanations to the contrary. In analyzing the tenets of this “faith group” neither Islamic nor Nation of Islam documents would suffice. This is an entirely different group, with

212 <sunsite.unc.edu/nge> (Nov. 5, 1996). 213 Id. 214 See, Patrick v. LeFevre, 745 F.2d 153 (1984) (where a prison inmate brought an action against prison authorities for interfering with his right to practice his religion -- Islam, as a Five Percenter.)


different ethics and a separate lexicon. In recent years, this group has grown enormously and is popular among contemporary rap music artists throughout the New York metropolitan area. The size of the membership is difficult to determine because its youthful membership is fluid but probably runs in the tens of thousand in and around New York City. Additionally, there are off-shoots, similar philosophical groups using almost identical language, such as the Zulu Nation in the South Bronx, and their dress code for men and women mirrors that of mainstream Muslims. Their particular materials (to the extent that there are any) must be consulted in rendering an opinion or analysis.215 It is a “faith” marked by informality and no fixed places of worship.216 E. New World of Islam. Like the Nation of Gods and Earths, the New World of Islam is a breakaway group from the original Nation of Islam. In 1973, this New Jersey-based group sought to take control of NOI Mosque No. 25 in Newark. To this end, on September 4, 1973, members of the New World of Islam assassinated Minister James Shabazz of that mosque because he was a major obstacle to expansion of the new organization.217 A number of the assassins were arrested and convicted of the crime and the takeover plan failed. The precise philosophy of the New World of Islam is not published nor available. However, given their attempt to effect a takeover of the Newark mosque rather than setting up one of their own, it is apparent that the organization is willing to conform to

215 See, generally, Yusuf Nuriddin, A Teenage Nation of Gods and Earths, in Haddad and Smith, supra note 142, at 109-132. Readers should especially focus on pages 129-130 regarding the acute tension that exists between mainstream Muslims and Five Percenters over their religious differences. 216 745 F.2d 153, 155 (1984). 217 Calloway v. Fauver, 544 F.Supp. 584, 588 (Dist. Ct. NJ, 1982); Murdered: Minister James Shabazz in Newark, MUHAMMAD SPEAKS, Sept. 14, 1973.


classic Nation of Islam theology. This, however, is only conjecture because the group is an underground one. One thing is clear, the New World of Islam (also called the Enterprise) is willing to commit crimes to raise money. Law enforcement officials allege that the group robbed at least 21 New York and New Jersey banks between 1978 and 1985.218 The New World of Islam also is bold, having directly threatened New York area law enforcement agencies that any police officers present during a bank robbery would be “executed.”219 As early as 1981, seventeen “Muslim sect” members of the New World of Islam were convicted of robbing nine New York area banks over a ten month period to finance their religious organization.220 During their trial, the accused refused to defend themselves on the ground that they were victims of “religious persecution.” They instructed their court appointed lawyers to remain mute during the proceedings.221 What little is known of the organization comes from former members. The New World of Islam is described as a paramilitary organization that conducts much of its recruitment through the prison system.222 African American residents of New Brunswick, NJ, who lived near one of the organizations offices, expressed surprise when they learned the of the group’s criminal connection because the community regarded it as a stabilizing influence.223 The leader of the New World of Islam during the early eighties was Azziz Fard Muhammad and the group’s size was estimated from as low as just over one hundred to as high the “thousands,”

218 Police Warned of Group’s Threat, NEW YORK TIMES, May 11, 1985, at 29. 219 Id. 220 Alfonso A. Narvaez, 17 In Muslim Sect Convicted of Robbing Banks, NEW YORK TIMES, November 6, 1981, at B4. 221 Id. 222 Id. 223 Ronald Smothers, Racketeering Case Focuses on Jersey Muslim Sect, NEW YORK TIMES, October 3, 1981, at Sect. 2, at 30.


but again, no firm current data is available. Little else is known about the group. Any person claiming to be a member of the New World of Islam most probably would be an adherent of Elijah Muhammad’s teachings, but would have to be queried on his or her tenets of belief. In addition to those aspects of NOI theology discussed earlier and in Part VI, mainstream Islam rejects criminal activity to justify reaching an otherwise honorable objective, F. Ansaru Allah Nubian Islamic Hebrew The Ansaru Allah Nubian Islamic Hebrew (a.k.a. Nubian Islamic Hebrews; Ansaru Allah Community, and more recently, The Saviors) mixes Islam and Christianity into a mystic order that borrows heavily from the Islamic mystic tradition called sufism.224 Founded in 1967 in New York City 225 the movement’s current leader, Isa Muhammad teaches that both Jesus and Muhammad were incarnations of Allah and that he is the current incarnation of Allah.226 A central tenet of belief is acceptance of Muhammad Ahmed ibn Abdullah (1845-1885) of Sudan as having been the true “Mahdi,” as he had so proclaimed himself. This group identifies with the Sudanese successor organization of Muhammad Ahmed, but has fused a remarkable independent theological interpretation of the Bible and Qur’an that contravenes mainstream Islam in numerous areas.227 The group and its leader are now based in Atlanta and have taken new names, “The Saviors” and “Rabbani Y’Shua Bar El Haady,” respectively. In past years, the organization strongly supported Elijah Muhammad’s theology and steeped much of its

224 ABU AMEENAH BILAL PHILIPS, THE ANSAR CULT IN AMERICA 17 (1988). Phillips’ conducted in depth interview of former Ansar members and provides an excellent analytical comparison between mainstream Islam and Ansar theology. 225 Id. at 9. 226 Id. at 17-18. 227 ENCYCLOPEDIA OF AMERICAN RELIGIONS, 4th ed. at 891 (1993).


own theology in Islamic nomenclature, which now appears to be transforming into a new lexicon.228 Until the process is complete, and printed literature becomes available, it is not possible to determine the current tenets of belief of this group. VI. CASE STUDY: CLASSIC NATION OF ISLAM THEOLOGY COMPARED TO MAINSTREAM ISLAM A. “Islam” as Defined in Nation of Islam Theology Under classical Nation of Islam theology the definition of “Islam” incorporated the five principles of mainstream Islam. “What is Islam?” Elijah Muhammad asked rhetorically in his book, “It can be answered in one word -- righteousness.”229 He explained that the dominant idea in Islam is that of peace and making peace.230 According to Mr. Muhammad Islam has five fundamental principles, with the most essential being belief in one God, Allah, “belief in a higher power than man.”231 The main Nation of Islam principles of religion under its definition of “Islam” are as follows:

1. Belief in one God, His Prophets, His Scriptures, His Judgment, His Resurrection (of the mentally dead);

2. Keeping up the five daily prayers; 3. Spending in the cause of truth; 4. Fasting especially during the month of Ramadan; 5. Pilgrimage to Mecca; 6. Speaking the truth regardless of to whom or what; 7. Being clean internally; 228 MCCLOUD, supra note 139, at 63-64. 229 MESSAGE TO THE BLACKMAN, supra note 171, at 69. 230 Id. at 68. 231 Id. at 72, 69.


8. Loving your brother believers as yourself; 9. Doing good to all; 10. Killing no one whom Allah has ordered not to be killed; 11. Setting at liberty the captured believer; and

12. Worshiping no god but Allah and fearing no one but Allah.232

With the exception of the limitation placed on the concept of the resurrection in the first principle listed, the principles of the religion of Islam as articulated by Elijah Muhammad mirrors those of mainstream Islam. Where classical Nation of Islam theology disconnects from mainstream Islam is in the definition, interpretation and application of some key principles such as the meaning of “Allah,” defined as a human being; “His Scriptures,” interpreted to mean texts prepared subsequent to the Qur’an; and “His Prophets” to include a person after Muhammad ibn Abdullah. B. The Concept of God The classical Nation of Islam’s conception of God is an anthropomorphic one and is best expressed in the words of Elijah Muhammad, himself:

We Believe in the One God Whose proper Name is Allah...We believe that Allah (God) appeared in the Person of Master W. Fard Muhammad, July 1930; the long-awaited “Messiah” of the Christians and the “Mahdi” of the Muslims...We believe further and lastly that Allah is God and besides HIM there is no God and He will bring about a universal government of peace wherein we all can live in peace together.233

232 Id. at 82. 233 What the Muslims Believe, MUHAMMAD SPEAKS, March 8, 1974, back page.


Mr. Muhammad’s representation of man as God was clear and unequivocal. “Allah is God. God is a human being,”234 he wrote, “God is in person among us today. He is a man.”235 Elijah Muhammad preached that the name his god used was Wallace D. Fard, W.F. Muhammad, Wallace Fard Muhammad or similar variations.236 Fard is most often called Master Fard Muhammad. “Prayer must be directed to W.F. Muhammad,” Elijah asserted.237 “I asked him [Wallace Fard Muhammad], ‘Who are you, and what is your real name?’ He said, ‘I am the one that the world has been expecting for the past 2,000 years.’ I said to him again, ‘What is your name?’ He said, ‘My name is Mahdi; I am God, I came to guide you into the right path that you may be successful and see the hereafter.’”238 According to the Nation of Islam tradition, Fard was born in 1877 in Mecca of a Caucasian (“devil”) mother, named Baby Gee and a “jet black” Arabian father named Alphonso. The rationale given for Fard’s fair, Caucasian features and therefore a white mother, was so he could move around easily in white society.239 Malik Shabazz (Malcolm X) expressed the same conception of W.F. Muhammad during the time he was in the Nation of Islam.240 Obviously, the Nation of Islam’s anthropomorphic conception of God is the antithesis of mainstream Islam’s doctrine of strict monotheism, as set out in Part III. C. The Finality of Prophethood

A threshold requirement for membership in the original Nation 234 MESSAGE TO THE BLACKMAN IN AMERICA, supra note 171, at 1. 235 Id. at 15. 236 Id. at 16. 237 Id. at 145. 238 Id. at 17. Also see, ELIJAH MUHAMMAD, THE FALL OF AMERICA 38-39 (1974). 239 E.U.ESSIEN-UDOM, BLACK NATIONALISM: A SEARCH FOR AN IDENTITY IN AMERICA 126 (1963)[hereinafter ESSIEN-UDOM]. 240 HALEY, supra note 166, at 207-208.


of Islam was acceptance of Elijah Muhammad as the “Messenger of Allah,” and W.F. Muhammad as “Allah.” In the very early days of the NOI, W.F. Muhammad was portrayed as a prophet in direct contravention of mainstream Islamic principles.241 A defining Qur’anic verse reads:

Muhammad is not the father of any of your men, but (he is) the Messenger of Allah, and the Seal of the Prophets; and Allah has full knowledge of all things.242

After Fard Muhammad’s mysterious disappearance in 1934, Elijah Muhammad, changed his last name from Karriem to Muhammad, preached that Fard was God, and proclaimed himself the Apostle of God and Messenger of Allah.243 In his writings he all but proclaimed himself a divine messenger of God.244 His certainly were religious teachings that used much of the language of Islam but did not and does not fit within the mainstream definition of Islam. The finality of Muhammad ibn Abdullah’s prophethood and as the Last Messenger of Allah is inviolate in mainstream Islam. Consequently in approaching any analysis of Nation of Islam religious doctrine on the issue of prophethood their specialized texts must be consulted. D. Qur’an and Traditions of Muhammad ibn Abdullah The original Nation of Islam leadership professed belief in the Holy Qur’an and in the Scriptures of all the Prophets of God.245 241 See, ESSIEN-UDOM, supra note 239, at 125-126. 242 Holy Qur’an, supra note 74, at 33:40. As highlighted by A. Yusuf Ali in the footnote to this verse: “Muhammad closed the long line of Messengers.” 243 C. ERIC LINCOLN, THE BLACK MUSLIMS IN AMERICA 14-17 (1961). 244 See for example, MESSAGE TO THE BLACKMAN, supra note 171, at 44, 248, and 343. 245 MUHAMMAD SPEAKS, supra note 233, at back panel.


Elijah Muhammad recommended the English translations of Mulana Muhammad Ali and A. Yusuf Ali.246 At the same time, however, the Holy Qur’an was deemed inadequate for America’s black population,247 and he predicted that both the Bible and Holy Qur’an would “soon give way to a Holy Book which no man as yet but Allah has seen. The teachings (prophesies) of the present Bible and Qur-an takes us up to the resurrection and judgment of this world, but not into the next life. That which is in that Holy Book is for the righteous and evil.”248 Under mainstream Islamic doctrine the Qur’an is the final message and Muhammad ibn Abdullah is the final messenger. In the specially developed “lessons” of the Nation of Islam, adherents were given the following account as to how the Qur’an was “made”:

1. Who made the Holy Koran or Bible? How long ago? Will you tell us why does Islam re-new her history every twenty-five thousand years?

Ans. - The Holy Koran or Bible is made by the original people, who is Allah, the supreme being, or (black man) of Asia; the Koran will expire in the year twenty-five thousand. Nine thousand and eighty years from the date of this writing the Nation of Islam is all wise and does everything right and exact. The planet Earth, which is the home of Islam and is approximately twenty-five thousand miles in circumference, so the wise man of the East (black man) makes history or Koran, to equal his home circumference, a year to every mile and thus every time his history lasts twenty-five thousand years, he re-news it for another twenty-five thousand years.249

246 MESSAGE TO THE BLACKMAN, supra note 171, at 86. 247 Id. at 87. 248 Id. at 97. 249 Lesson No. 2, supra at 210.


The history of the “Holy Koran” as described in the NOI lesson, is not same as that for the Qur’an as revealed to Muhammad ibn Abdullah (pbuh) in seventh century Arabia. Further, this mythological account displays an objectionable disdain for the mainstream Islamic history of Qur’an and it undermines the true historical accounts of it and the traditions of Prophet Muhammad. Yet, this mythological account is the one accepted by Nation of Islam members to the rejection of the accounts preserved by the international Muslim community. Consequently, very little of Muhammad’s Sunnah was taught and applied during the classical period of the Nation of Islam, with the exception of the method of performing prayer250 (which were not observed in the latter years of Elijah Muhammad) and vague references to the hadiths regarding the coming of a Mahdi.251 E. Resurrection (The Hereafter) Elijah Muhammad’s interpretation of the Bible and Holy Qur’an’s warning and promise of a resurrection concluded that the resurrection could not mean that the people who have died physically and would be returned to life. Rather, he interpreted it to mean the “mental resurrection of the mentally dead black nation to the knowledge of truth.”252 This argument that life can only exist on one plane and in one dimension for all time is an ancient one and is effectively addressed in the Quran:

29. And they (sometimes) say: “There is nothing except our life on this earth, and never shall we be raised up again.” 30. If thou couldest but see when they shall be made to stand before their Lord He will say: “Is not this the truth?”

250 MESSAGE TO THE BLACKMAN, supra note 171, at 135-152. 251 ELIJAH MUHAMMAD, OUR SAVIOR HAS ARRIVED 70 (1974). 252 Id.


They will say: “Yea, by our Lord” He will say: “Taste ye then the Chastisement because ye rejected faith.”253

Thus, the only possible way to rebut this clear Qur’anic articulation of the resurrection doctrine in mainstream Islam, is through semantical distortions steeped in lapses of logic and common sense. Where under mainstream Islam, souls will be judged in a hereafter existent on another dimensional plane, under classic Nation of Islam theology, a huge “Mother plane” spacecraft has been prepared to launch hundreds of smaller fighter planes against the United States and other governments. After this fiery Armageddon, the members of the Nation of Islam will rule the physical world and live in luxury. Their physical beings will be rejuvenated and they will be able to live for hundreds of years before dying. The blackman will thereafter rule the earth forever. This period following the Armageddon is defined as the “Hereafter.”254 F. Race and Religion: Black Gods, White Devils Under classic Nation of Islam doctrine, the Caucasian people were characterized as the living, flesh and blood, devil (satan). As God was a man or the black race, Satan was a man, the white race.255 The entire eschatological scheme was consistently presented in physical imagery. The history of the “white-devil race,” likewise, was mythological and intriguing. It had been genetically engineered

253 Holy Qur’an, supra note 74, 6:29-30. At 2:28 the cycle of being “without life,” then life, then death, then life again described. At 6:60, the Qur’an explains that even during sleep does Allah take each soul. 254 MESSAGE TO THE BLACKMAN, supra note 171, at 265-303. See also, MUSTAFA EL-AMIN, THE RELIGION OF ISLAM AND THE NATION OF ISLAM: WHAT IS THE DIFFERENCE? (1991). El-Amin does an excellent job of comparing major aspects of eschatology as between mainstream Islam and the Nation of Islam. 255 MESSAGE TO THE BLACKMAN, supra note 171, at 100.


into being by a rebellious black scientist, Yacub.256 White people were evil by nature, i.e. they were genetically incapable of doing good. Even Muslims who happened to be Caucasian were “bogus” under Mr. Muhammad’s scheme--257

The white race, by nature, can’t be righteous. Islam was taught to them from Moses to Muhammad, but they were never able to live the life of a Muslim believer and can’t do it today. This fact the so-called Negroes must learn about the white race. They must learn that the white race cannot be righteous unless they could be born again (grafted back into the black man) ...They [white race] cannot produce good, for they are without the nature of good. They cannot love Allah and His religion Islam, for it is against their nature to submit to Allah, the Lord of the Worlds. All manner of evil and corruption has come from the white race.258

Elijah Muhammad believed that it is possible for whites to believe in Islam even though they are not good by nature. “Good done by any person is rewarded,” he said, “and these white people who believe in Islam will receive the Blessing of entering into the

256 Lesson No. 2, supra note 210, at question 10 the following question is asked and answer: “Tell us what and how the devil [Caucasian people] is made? Ans. -- The devil is made from the original [black] people by grafting; by separating the germs. In the black man there exists two germs; one a black germ and one brown germ. Yacub, with his law on birth control, separated the brown germs from the black man and grafted it into a white by destroying the black germ. After following this process for six hundred years, the germ became white, and weak and was no more original. Also by thinning the original blood it became weak and wicked and it is no more the same. Thus, this is the way Yacub made the devil.” 257 MESSAGE TO THE BLACKMAN, supra note 171, at 68-69. 258 ELIJAH MUHAMMAD, THE SUPREME WISDOM, 30 (1956). MESSAGE TO THE BLACKMAN, supra note 171, at 102.


Hereafter,” albeit a lesser, inferior state of bliss.259 Again, these beliefs certainly are religious in nature, but they do not reflect the values and principles of mainstream Islam despite their association with Islamic terminology. G. The Nation of Islam’s Concept of “Mahdi” The central theme in classic Nation of Islam theology was the idea that the Mahdi, the Messiah, the Jesus, has returned to execute the Judgment. As discussed in Part IIIB, many mainstream Muslims subscribe to the doctrine of Mahdi. The fundamental difference between mainstream Islam and the Nation of Islam’s position on this issue is that NOI doctrine fuses the concept of godhead with that of mahdi -- they are one and the same -- in the person of Master Fard Muhammad. In mainstream Islam, Allah is not mahdi, nor is Allah the returning Christ. H. The Nation of Islam’s “Restricted Law” The Nation of Islam under Elijah Muhammad had it own laws and system of justice. Under special guidelines to managing officials (called “laborers,” and which included ministers, Fruit of Islam captains and lieutenants, mosque secretaries, treasurers, and sometimes investigators), evidence of wrongdoing would be collected, testimony taken and judgments rendered. Accused members were given the opportunity to be heard before their accusers, statements were recorded by the secretary and judgment rendered by the ministers and captains.260 The moral and penal code for the Nation of Islam included (and certainly is still included in some quarters) a specific set of laws intended to maintain disciple and moral fortitude. These laws, called the Restricted Law, reflects, for the most part, universal standards of

259 OUR SAVIOR HAS ARRIVED, supra note 251, at 89. 260 The details for investigating violations of the law and execution of justice are set out in a Nation of Islam Lesson entitled: THE CAPTAINS MANUAL.


acceptable moral behavior: The Restricted Law [Nation of Islam]

This means all believers must strictly obey these laws. Mere belief accounts for nothing unless carried into practice.

1. Obey Allah, His Apostle and Believe the Message He

has sent to you and me by His Messenger. 2. Obedience to the Apostle is obedience to Allah, as the

Messenger is the bearer of Allah’s Message. Respect to the Messenger is respect to Allah.

3. Worship no God but Allah [Master Fard Muhammad], the one the Messenger [Elijah Muhammad] represents to us.

4. Fear no one but Allah. 5. Obey those in authority among you and obey non-

believers in authority over you as long as it does not conflict with your religion.

6. It is forbidden to commit fornication or adultery. 7. It is forbidden to commit indecent acts on another

(sodomy). 8. It is forbidden to eat the pig or its products. 9. Honor Allah and respect His Messenger, who is the

bearer of His Message to you and I. 10. No insubordination. 11. No slack talk. 12. No gossip. 13. Do not lust. 14. Do not associate with those of bad standing, or those

out of the Mosque. 15. It is your duty to report all slackness, weakness and

wrong doings. 16. Do not deal with the hypocrite or show sympathy


towards them. 17. No gambling of any kind (numbers, dice, cards,

games of chance). 18. No smoking of any kind (reefer or cigarettes, cigar or

pipe). 19. No dope (heroin, cocaine or any other). 20. No drinking (wine, whiskey, beer, ale, alcohol or

other intoxicants). 21. Must be clean at all times (mind and body) at home

and abroad. 22. No lying (speak truth regardless of circumstances). 23. No stealing. 24. Do not commit acts of violence on ourselves or

others. 25. Do unto others as you would want done unto you. 26. Keep up prayer. 27. Spend of what Allah has given you in the cause of

Islam. 28. Love brother believer as yourself. 29. Be kind and do good to all. 30. Kill no one whom Allah has not ordered to be killed. 31. Maintain post until properly relieved. 32. Do not feel, rub or pat sisters. 33. Do not stare at sisters or watch movements of their

body. 34. Do not talk Mosque business on the telephone or

with outsiders. 35. Do not talk F.O.I. [Fruit of Islam] affairs outside the

F.O.I. meeting with anyone (including wife and family)

Penalties for violating these laws ranged from the performance of some type of punishment tasks to being put out of the organization from several months, to five years, to permanent excommunication.261 Here is a sampling of typical sentences for those found guilty: 261 Id.


Adultery ............................... one to five years

Fornication ........................... one to five years

Fighting other Muslims ......... six months

Gambling .............................. ninety days

Gossiping .............................. ninety days

Socializing or fraternizing with those out of the temple on time [law violations] ......... ninety days

Alcohol, tobacco narcotics use ......................... ninety days Since Nation of Islam members believe that Armageddon and the destruction of America, by flying warships is imminent, being put out of the organization for any period of time (and therefore being excluded from salvation), is perceived as a harsh penalty and probably causes extreme anxiety. The psychological grip on the members out of fear of being excluded from being saved is tremendous and helps to maintain obedience. The execution and enforcement of these laws are peculiar to the Nation of Islam and do not reflect the penalties required under mainstream Islamic law for similar infractions. Therefore, access to the texts, and other guidance materials of Nation of Islam members is essential in evaluating the religious standards of that group -- mainstream Islamic materials would not suffice. VII. CONCLUSION The definition of “Islam” means different things to different people. For the overwhelming mainstream Muslim community, the meaning is clear. For nontraditional religious groups, it can mean something significantly different. Right or wrong, some judges


have attempted to acknowledge differences by descriptively defining “Islam.” This may be an unavoidable function in the administration of justice, in complying with education- and employment-related laws262 and in protecting the freedom of religion. The better way to assure accuracy in evaluating the bona fide claims of Muslims and others, is by not seeking to parse out the meaning of “Islam” on the basis of a claimant’s testimony alone. One must look to reputable translations of recognized primary materials, use qualified experts, and be aware of the indicators of nontraditional groups. Where there is an indication that a purported “Islamic” doctrine is nontraditional, the primary materials of that particular group must be examined. So the next time someone from the “American Witch Doctor Islamic Brotherhood” comes before you claiming to be “Islamic,” ask to review their literature, and be not naively swayed by neither their sophistry, sorcery, or black magic.

262 See, An Employer’s Guide to Islamic Religious Practices (1997), published jointly by the Washington, DC-based, American-Muslim Research Center of the Council on American-Islamic Relations (202-659-2247) and the Islam in America Conference, for guidance on legally protected Islamic religious practices.


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Legal and Religious Considerations in Drafting a Muslim Will Jeffrey Hassan* CONTENTS I. INTRODUCTION ............................................................... 188 II. THE LAW OF ISLAMIC WILLS AND INHERITANCE ............... 190 A. Burial and Funeral .............................................. 191 B. Payment of Debts ................................................. 193 C. Required Distributions ......................................... 194 1. Fixed Shares ..................................................... 194 (a) Widow’s Maintenance .......................... 195 (b) Spouses ................................................ 195 (c) Parents ................................................ 196 (d) Children .............................................. 196 (e) Brothers and Sisters ............................ 196 (f) Grandparents, Grandchildren, Aunts and Uncles ................................ 197 2. Residuary Beneficiaries .................................. 198 3. Distant Heirs .................................................. 199 4. No Heirs ......................................................... 200 D. Legacies and Bequests ....................................... 200 E. Naming of Executor ........................................... 201 III. CONCLUSION ............................................................. 202

* J.D., University of Minnesota. The author is a practicing attorney in Washington, D.C. and has served as legal counsel to a number of Minnesota and Washington-area Islamic organizations since 1977. In 1995, he conducted an Islamic wills workshop in Washington, which subsequently was made available on video cassette through Masjid Muhammad, Washington, D.C. 187

I. INTRODUCTION


The Muslim holy book, the Quran, mentions the requirement that a Muslim have a will on eight separate occasions. Surah II, Ayat 180 reads:

"It is prescribed, when death approaches any of You, if he leaves any property, that he makes a Bequest to parents and Next of Kin, according to reasonable usage; this is due from the God-fearing."1

Concerning the requirement of a will, Prophet Muhammad (pbuh) 2 to whom the Quran was revealed is quoted as saying:

"It is the duty of a Muslim who has something which is to be given in bequest not to have it for two nights without having his will written down regarding it."3

Thus, making a will is incumbent upon any Muslim who owns property. There are about thirty-five verses in the Quran which refer to inheritance or its derivatives in one form or other.4

1 YUSUF ALI, THE HOLY QURAN, TEXT, TRANSLATION AND COMMENTARY (1968) [hereinafter Holy Quran]. The word "Surah" is translated in English as "Chapter." The word "Ayat" is translated as "Verse." 2 Whenever Muhammad or another prophet is mentioned verbally or in writing, it is traditional for Muslims to invoke Allah’s peace and blessing. Thus, in many writings and speeches Muhammad’s name often will be followed by the parenthetical (pbuh) or its Arabic equivalent, meaning “May the peace and blessing of Allah be upon him.” Throughout the balance of this article it will appear from time to time. A common alternative parenthetical apparent in the writings of others will contain the transliterated Arabic abbreviation of the same words -- (saaw). 3 III IMAM MUSLIM, SAHIH MUSLIM 863 (Abdul Hamid Siddiqui trans., 1976) [hereinafter SAHIH MUSLIM]. 4 ABDUR RAHMAN I. DOI, SHARIʻAH: THE ISLAMIC LAW, 271 (1984) [hereinafter DOI].

Fall/Winter Drafting a Muslim Will 189

Muslims look to three sources of law known as "Shariah"5 for guidance concerning the requirement of inheritance.6 The first source of Shariah originates directly from the Quran. The Quran prescribes in some detail the regulation of affairs concerning Muslim inheritance. The second source of law is the "Sunnah" or "Hadith." The word "Sunnah" means the practice of Prophet Muhammad (pbuh).7 The word "Hadith" means the words of the Prophet. Thus, Muslims look to the practices and words of Prophet Muhammad as the second source of guidance in the regulation of their legal affairs. In this regard, the Sunnah and Hadith is to the Quran as regulations are to statutes. In other words, the words and actions of Prophet Muhammad are interpretations and explanations of the Quran itself. The third source of law may be classified as "ijma" or the consensus of opinion of the ulama (the learned scholars), and "qiyas" - analogical deductions which provide detailed understanding derived from the Quran and Sunnah.8 This article will make a preliminary examination of the various religious and legal requirements of Islamic inheritance and the creation of an Islamic will. It is hoped that this will be the first in a series of articles on this topic which will lead to a more in depth examination and analysis of the Islamic laws of inheritance.9

5 "Shariah" is an Arabic word which literally translated means "the Path to be followed." It is used to describe the body of law which has developed over time to proscribe the conduct of Muslim legal affairs. 6 DOI, supra note 4, at 271-276. 7 Id. "Sunnah" literally means a way, practice, rule of life; and refers to the exemplary conduct or the model behavior of the Prophet in what he said, did or approved. The reader will find the words "Sunnah" and "Hadith" used interchangeably. 8 Id. 9 There are endless tributaries that branch off from the main body of law discussed in this article. The article may, in fact, raise as many questions than it answers. As one scholar has said, "[Islamic inheritance law] is enough by itself to form the subject of life long study." Id.


II. THE LAW OF ISLAMIC WILLS AND INHERITANCE The Quran sets forth in some degree of detail not only the formal requirements for making a will such as it being in writing, with witnesses, etc., but also the laws of inheritance including specific distributive shares that must be left to family members along with the order of priority.

"From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large, a determinate share."10

Non-Muslims may question the requirement that the decedent's estate be distributed in a predetermined manner. Muslims believe that Allah or God is the best knower of man’s affairs and therefore their faith dictates compliance with the Quranic prescriptions. The Quran speaks to this issue, to wit:

"of your parents and sons you do not know which of them are the nearest and of most benefit to you." 11

In the same vein each of our United States has its own requirements for distribution in which the decedent has no discretion, such as a spouse’s statutory share; and, of course in the absence of a will, each state sets forth in some detail its own laws governing inheritance rights, preferences and distributive shares.The distributive allocations provided in the Quran are very similar in many instances to the intestate succession laws of many states. For example, most states provide for spousal maintenance in a certain amount or period of time. Similarly the Quran provides that a year’s residence and maintenance be provided to a surviving wife. Because of the various state law requirements that dictate the distribution of property in the absence of a will, it is particularly important for Muslims to have a will. In the absence of a Will the

10 Holy Quran, supra note 1, 4:7 11 Id. at 4:11.


state will require distribution of property in a manner which is likely to be inconsistent with Quranic requirements. The essentials of a Muslim will should include the following, as a minimum: 1. Burial and Funeral. The Will should include burial

instructions specifying an Islamic burial and funeral service.

2. Payment of Debts. All outstanding obligations for charity,

taxes, expenses of last illness, funeral expenses and debts should be paid before any distributions are made.

3. Required Distributions. Two-thirds of the estate must be

distributed according to Quranic guidelines. 4. Legacies and Bequests. One-third of the estate may be

distributed in the form of a legacy or bequest in the discretion of the Testator.

5. Naming of Executor. The executor or personal

representative of the estate should be named with prescribed duties.

A. Burial and Funeral 12 This is an area in which controversy often occurs when the deceased has left non-Muslim family members who have assumed responsibility for the funeral and burial. The Sunnah of Prophet Muhammad (SAW) is very specific concerning the burial and funeral of Muslims. Non-Muslim family members may be

12 A Muslim funeral and burial is an example of a subject that could form the content of an article by itself. As will be touched on in this article Muslim law and practice sets forth in great detail the timing of the burial, proper care and preparation of the body, prayers to be performed, and the manner of burial. Cf. Khouj, Dr. Abdullah M., Procedures for a Muslim Burial, The Islamic Center - Washington, D.C. 1992; The Muslim Students' Association of the United States and Canada, Preparation of the Deceased and Janazah Prayers, International Graphics Printing Service, Takoma Park, Maryland, 1977.


unaware of or unwilling to follow Islamic funeral or burial requirements. Therefore, it is essential that a properly drafted will address not only the procedure for funeral and burial, but also who has control of the body of the deceased. An area of extreme interest to the Muslim is the entitlement to control the disposition of the body of the deceased. This is particularly true when the decedent leaves non-Muslim family members. Some jurisdictions have addressed this issue either through legislation or case law by allowing the testator to specify their desire in the Will.13 By expressing this desire in the will the testator may be able to avoid some of the controversy and confusion involved in making funeral and burial arrangements. Muslim law requires that the burial occur as soon after death as possible.14 This often presents difficulty for family members who do not live close to the decedent and must make travel arrangements. The body is to be buried in the place where the person died. It should not be transported to another state or country unless it is in close proximity.15 This too may present problems where the family desires to transport the body to a "family burial plot" which may be some distance from the place of death. There is to be no embalming of the body, nor autopsy. Local laws may present problems in this regard where the cause of death is by homicide or other unknown or suspicious circumstances. It may be possible to draft the will to address this issue where the law leaves some room for discretion to family members. There is no viewing of the body and it is to be wrapped in two plain white sheets or pieces of cloth and placed into the ground without a casket. This is an obvious departure from the non-Muslim custom of fully clothing the body in a suit of clothes and making it available for public viewing. The grave is to be deep, wide and well made. It is recommended that the grave consist of two excavations, one inside of the other and that the smaller one be dug along the side of the

13 See, Vol. 22A Am Jur 2d, Dead Bodies, §30, at 25; Vol. 25A C.J.S., Dead Bodies, at 488. 14 KHOUJ, supra note 12, at 3. 15 Id.


larger one facing the direction of the qibla, the direction of the Kaba.16 The body should be laid with the face towards the qibla.17 Many states regulate funerals and burials. In order to determine whether the Islamic will requirements can be met, the drafter of an Islamic will should inquire into local laws and regulations governing funerals and burials. Research should be undertaken as to the local requirements for embalming, autopsy, caskets, etc. Through proper inquiry and careful drafting many of the Islamic requirements can be met and controversy avoided.18 As a matter of practical advice, the drafter of an Islamic will should give some thought to informing family members and loved ones of Muslim funeral and burial requirements at the time of making the will. Cultural customs and human sensitivities dictate that discussion be undertaken with non-Muslim family members to avoid confusion during the funeral and burial process. (This will help to avoid misunderstanding at a later date.) B. Payment of Debts The Quran makes it clear that payment of debts takes priority over any other testamentary distributions. In each instance in which a testamentary distribution is mentioned in the Quran it is only after the payment of debts, to wit:

"... The distribution in all cases is after the payment of legacies and debts."19

16 The "Kaba" (the Cube) is the name given to the house that was erected by Prophet Ibrahim (AS) in recognition of the worship of one God, who Muslims refer to by the name of Allah. All Muslims from any point on earth direct their prayer in the direction of the "Kaba"; and, therefore at death the body is placed facing this same direction. “Qibla” means the proper direction in which to turn for prayer. 17 KHOUJ, supra note 12. 18 To the extent that such requirements cannot be fully met this may represent an area of legislation in which concerned lawyers may wish to address, just as other religious faiths have done in this and other areas of the law. 19 Holy Quran, supra note 1, 4:11-12.


While there is some difference of opinion among Islamic legal scholars, it is generally agreed that payment of debts means debts specifically secured by a piece of property such as a mortgage, debts that have been admitted by the decedent, and funeral expenses. By practice and custom payment of outstanding charitable obligations has also been included. Most Islamic jurists agree that funeral expenses are preferred over debts payable from the estate, except that some allow an exception for debts related to specific items of the estate.20 C. Required Distributions After payment of funeral expenses and debts, two thirds of the Muslim's estate is distributed among the heirs according to the formula set out in the Quran. A Muslim only has the discretion to distribute one-third of the estate after payment of debts. The remaining two-thirds of the estate is required to be distributed to specified heirs in specified proportions. According to the Sunnah a non-Muslim is not entitled to inherit from the two thirds portion of the estate, to wit:

"A Muslim cannot inherit an unbeliever and an unbeliever will not inherit a believer."21

The Quran sets forth three distinct groups of relatives entitled to inherit: 1. Fixed Shares. Those entitled to a fixed shares are the children, parents, husband and wife, brothers and sisters.22 20 LALEH BAKHTIAR, ENCYCLOPEDIA OF ISLAMIC LAW: A COMPENDIUM OF THE MAJOR SCHOOLS (1995) [hereinafter BAKHTIAR]. 21 SAHIH MUSLIM, supra note 3, at 852. 22 As will be discussed later, each of these groups are capable of extension such as grandparents taking in the absence of parents, and grandchildren taking in the absence of children.


The Quran provides the following distribution formulas for spouses, parents, children, brothers and sisters. (a) Widow's Maintenance. The Quran provides for maintenance of the widow, to wit:

"Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence..."23

This injunction was revealed prior to the prescription of the wife's fixed share. As a result, there is a difference of opinion among Islamic authorities as to whether the fixed shares takes the place of or is in addition to the provision for maintenance and residence.24 In the case of the husband there is no provision for maintenance, he receives a share of the estate as follows: (b) Spouses.

"In what the wife leaves, the (husband's) share is half, if they have no children; If they have children, then a fourth; ... In what the (husband) leaves, the (wife's) share is a fourth if there are no children. If there are children her share is an eighth ..."25

23 The Holy Quran, supra note 1, at 2:240. 24 DOI, supra note 4, at 333. 25 The Holy Quran, supra note 1, at 4:12. Brief mention is made of this apparent disparity in shares between the husband and wife. To many non-Muslims this appears to represent an inequality between the sexes; however, it must be viewed in the overall context of the males responsibility to the family and larger society. The Quran addresses this issue in numerous verses by making it clear that the male has a duty to support not only himself but his wife and all family members as well; whereas, the Quran makes it equally clear that any property owned by the female is entirely her own without any obligation of support of others. Because of this responsibility of the male to provide not only for his needs but the needs of the remaining family members, one will find that in most instances the distributive shares going to the male are twice that of the female.


(c) Parents. For parents the Quran prescribes:

"For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the only heirs, the mother has a third; if the deceased left brothers or sisters, the mother has a sixth"26

Although the last verse is silent on the father's share, shariah prescribes the remainder of the residue to the father in each case.27 In the case of brothers and sisters the Quran specifically provides that they only take in the absence of ascendants or descendants. (d) Children. In the case of children, only a broad principle is laid down and that is that the male shall have twice the share of the female.28 If there are no other members entitled to fixed shares besides the children, the whole property will be divided among the children; however, where there are other members then the children take the residue as the shares of the other members are fixed - one sixth in the case of each parent and one fourth or one eighth in the case of husband or wife. The Quran states:

"God directs you as regards your children's inheritance: to the male, a portion equal to that of two females: if only daughters two or more, their share is two thirds of the inheritance; if only one, her share is one half."29

(e) Brothers and Sisters. Children, parents and spouses are immediate sharers and if all three categories are in existence they all have a right in the property; whereas, brothers and sisters only inherit if some or all of the members of the first group are missing. In this regard the Quran prescribes the following shares for brothers and sisters:

26 Id. at 4:11. 27 DOI, supra note 4, at 333. 28 Id. at 295-325. 29 The Holy Quran, supra note 1, at 4:11.


"If the (decedent) has neither ascendants nor descendants, but has left a brother or a sister,30 each one of the two gets a sixth; but if more than two, they share in a third."31 (Sura IV, 12).

It also provides for the following divisions:

"About those that have no ascendants or descendants as heirs, if a man dies leaving a sister but no child, she shall have half of the inheritance; if it is a woman who has left no children, her brother takes her inheritance; If there are two sisters, they shall have two thirds of the inheritance; if there are brothers and sisters, the male shall have twice the share of the female." (Sura IV, 176)

(f) Grandparents, Grandchildren, Aunts and Uncles. If a person entitled to inheritance is dead but leaves issue the issue shall take their place; if the father or mother is dead, the grandmother or grandfather shall take his or her place; all brothers and sisters shall be treated equally; if there are no brothers or sisters, the nearest relatives after them, such as father's brothers or father's sisters shall take their place.32 In brief, the order of succession according to the Quran is as follows: After payment of debts, the shares of the parents and husband and wife shall be taken out first; after which the remainder of the property shall go to the children, the son having double the portion of the daughter; if there are no children and there are brothers and sisters, they take one sixth if there is only one brother or sister, and one third if there are more than one; if the deceased leaves neither children nor parents, the whole of the property after the husband's or wife's share has been taken out goes to the brothers and sisters; if there is a single female, daughter or sister, she shall take one-half of the property, a single brother the 30 The words "brother" and "sister" is interpreted here to refer to uterine brother or sister (i.e. by the same mother) as distinguished from full brothers and sisters or brothers and sisters by the same father. These latter categories are addressed in the Holy Quran at 4:176. 31 The Holy Quran, supra note 1, at 4:176. 32 MAULANA MUHAMMAD ALI, THE RELIGION OF ISLAM, 709 (1950).


same rule, and if there are two or more daughters or sisters they shall take two-thirds, the residue going to the nearest male relative according to Hadith.33 In certain instances the fixed shares if applied would actually exceed the whole of the estate. Under these circumstances the Islamic concept of "Awl" is applied. For example: where the decedent dies leaving a husband and two sisters and no children. Under the Quranic prescription the husband takes a ½ share and the sisters 2/3. This would result in shares in excess of the whole. The concept of "Awl" divides the interests proportionally. Thus, under the previous example the husband will get 3/7th and the sisters 4/7th. 2. Residuary Beneficiaries. The second group of relatives entitled to inherit are residuary beneficiaries. Residuary Beneficiaries are entitled to inherit what remains of the two thirds of the estate, if anything, after the fixed shares have been satisfied. In the absence of residuary beneficiaries, the estate devolves back to the fixed sharers in the ratio of their fixed shares.34 According to the hadith of Prophet Muhammad it is stated:

"Give the fixed portions to those who are entitled to them, and what remains should go to the nearest male." (Bukhari 85:6)

According to most schools of Islamic law, there are three types of residuaries: A residuary by himself, a residuary through another, and residuary along with another. A residuary by himself is independent of other residuaries in his right to inherit; whereas, the residuary through another and residuary along with another are residuaries in certain cases without being so in others.35 A residuary by himself includes all males in whose line of 33 Id. 34 On this last point there is a difference of opinion among Islamic jurists, some believing that any residue remaining after fixed and residuary beneficiaries have been satisfied should go to the Islamic public treasury. DOI ,supra note 3, at 322. 35 BAKHTIAR, supra note 20, at 288-289.


relationship no female enters. These are, in order of priority: son(s) of sons and grandsons, in the absence of son(s); then the father; then the paternal grandfather; then the full brother; then the half brother by father; then the son of the full brother; then the son of the half brother by the father; then the full paternal uncle; then the consanguine paternal uncle; then the son of the full paternal uncle; then the son of the consanguine paternal uncle. If some of them exist along with others, the son will supersede the father in the sense that the father will take his share-which is one-sixth and the son will take the remainder as a residuary.36 The following four female relatives are considered residuaries through another: daughter(s); son's daughter(s); full sister(s); consanguine sister(s). All of these inherit fixed shares in the absence of a brother; and, if they have a brother they inherit as residuaries taking one-half the share of the brother.37 The final group of residuary beneficiaries are residuaries along with another. They are: the full or consanguine sister(s) that inherit along with a daughter or son's daughter. Therefore, a sister(s) inherit as sharers if there is no daughter or son's daughter inheriting along with them, and inherit as residuaries with a daughter or son's daughter. Full or consanguine sisters inherit in three different ways. She is a sharer if she has no brother and the decedent no daughter, a residuary through another if she has a brother, and residuary along with another if the decedent has a daughter. Full and consanguine paternal uncles (discussed above) will not share in the heritage along with the daughter except in the absence of full or consanguine brothers and sisters. 3. Distant Heirs. The third group of relatives entitled to inherit are distant relatives who are neither sharers or residuary beneficiaries. They are entitled to the residue in all cases where the sharers are not entitled. These are relations connected through females. The following relatives come under this category: the son and daughter of the daughter; the son and daughter of the daughter of the son

36 Id. 37 Id., at 285-287.


and their children; and, the maternal grandfather, maternal great-grandfather, the maternal grandfather of the mother, the grandmother of the mother, the children of the sisters, the sisters of the father and those of the mother, etc. 4. No Heirs. In a Muslim country, if a Muslim dies leaving no heirs, the estate normally would pass to the public treasury.38 In the United States, the proper result when there are no heirs is an unsettled question. Perhaps, if the original intent was for the estate to benefit the general Muslim community, the will might provide that the estate pass to an Islamic organization dedicated to providing support to the general community. For the time being, this decision is a matter of conscience that must be resolved by each individual. D. Legacies and Bequests. The Quran specifically authorizes the payment of legacies and debts prior to the required distributions.39 According to Hadith legacies are limited to one third of the estate.

"A bequest of one third is much, for if thou leave thine heirs rich, it is better than that thou should leave them poor, begging of other people, and thou dost not spend anything with which thou seekest the pleasure of Allah but thou are rewarded for it, even for the morsel that thou puttest in thy wife's mouth."40

According to hadith a legacy or bequest is not allowed in favor of an heir who has received a fixed share.

38 Id. at 290. 39 Holy Quran, supra note 1, at 4:11-12. 40 4 IMAM AL-BUKHARI, SAHIH AL-BUKHARI 3 (Muhammad Muhsin Khan trans., undated).


"There is no bequest for an heir."41 Therefore, reference must be made to the fixed shares to determine whether a person can receive a legacy or bequest. The rationale is that without this limitation being placed on bequests and legacies it would allow a preference to be given for some heirs over others, thus defeating the law which has fixed the portion of each inheritance and causing disputes among persons related to one another. An exception to this rule exists where all of the heirs agree to allow a legacy or bequest to another heir. The jurists of all Islamic schools of jurisprudence are of the opinion that a bequest made by a Muslim to a non-Muslim is valid.42 E. Naming of Executor. The naming of an executor or personal representative of the estate is not a Quranic prescription or requirement of the Sunnah. Administration, as understood in modern law, was unknown to Islamic jurisprudence.43 In Islam there is a mere distribution of property of the deceased, by the State if not by the heirs themselves. The requirement of an executor or personal representative is based on English common law. Islamic jurisprudence on this subject has evolved over time. It is the consensus of Muslim scholars that the executor be a Muslim. And, it is generally agreed that such person be honest and trustworthy and an adult of sound mind. The executors nomination must be definite in the will and the will must state the authority to be exercised by such person. The majority of the Islamic schools of thought agree that the failure to define the executor's authority renders the appointment void.

41 That is, to an heir entitled to a fixed share. III SAHIH Muslim, supra note 3, at 863. 42 DOI, supra note 4, at 333. 43 MUHAMMAD M. KHAN, ISLAMIC LAW OF INHERITANCE 22 (1989).


III. CONCLUSION The Quran mentions the requirement that a Muslim have a will on at least eight separate occasions. Muslims look to three sources of law known as Shariah for guidance concerning the contents of the will. The first source is the Quran itself, the second are the words and actions of Prophet Muhammad called the "Sunnah" and the third is the consensus of opinion or "Ijma" and the analogical deductions or "Qiyas" of Islamic scholars. At a minimum the Muslim will should cover details of burial and funeral, payment of debts, required distributions, legacies and bequests and identification of the executor. Because of the specific requirements of Islamic Shariah concerning the details of burial, funeral, and required distributions research of state and local law requirements is a must. The will drafter must seek to reconcile requirements of local law with the dictates of Shariah. Proper preparation and planning will often resolve apparent conflicts or inconsistencies between the two. For Muslims with non-Muslim family members it may be wise to meet with the family members to make them aware of the Islamic burial and funeral requirements in particular. The Quran provides a great degree of detail concerning distribution of at least two thirds of the decedent's estate. Most of the fixed shares are well established and easy to apply. However, complications can arise when analyzing the interests of residuary beneficiaries in the absence of heirs entitled to fixed shares. The laws of Islamic inheritance have many issues that may arise in the context of specific cases that could not be addressed in the short space of this article. Readers are encouraged to research and continue to expand their knowledge beyond the basic framework provided herein. May the peace and blessings of Allah be with you.

AN ISLAMIC APPROACH TO

INTERNATIONAL COMMERCIAL ARBITRATION

S. H. Amin* CONTENTS I. INTRODUCTION .................................................................. 205 A. General Points ........................................................... 205 B. The Supremacy of Islamic Law in Muslim Majority States .............................................. 206 II. DIFFERENT SPHERES OF ARBITRATION ................................. 207 A. Public International Law ........................................... 207 B. Intra-Muslim Arbitration ........................................... 208 C. International Trade ................................................... 209 D. International Arbitration .......................................... 210 III. CHOICE OF LAW AND JURISDICTION .................................... 211 A. Policy ........................................................................ 211 B. Practice ..................................................................... 211 C. Options ...................................................................... 212 1. Iranian Arbitration ................................................ 213 2. International Arbitration ....................................... 215 IV. INTERNATIONALLY CONTROLLED SYSTEMS OF ARBITRATION ................................................................ 216 A. The Permanent Court of Arbitration .......................... 216 B. The International Centre for Settlement of Investment Disputes (ICSID) .................................. 216 C. UNCITRAL Arbitration .............................................. 217 D. ICC Arbitration .......................................................... 218 * LL.B., LL.M., PhD, Advocate (Scotland), Mufti-at-large in all major schools of Islamic law; Professor Emeritus of Law (Glasgow Caledonian University), former Visiting Professor of Law, Tehran University. 203

204 Journal of Islamic Law [Vol 1:203

1. ICC System ............................................................. 218 2. Iran’s Use of ICC ................................................... 220 E. UN Economic Commission for Europe ....................... 222 F. Supra-National Regimes ............................................. 222 1. European Arbitration ............................................. 222 2. Arbitration with Countries of State Planned Economies ....................................... 223 V. AD HOC REGIMES OF INTERNATIONAL ARBITRATION ............ 223 A. Standard Conditions .................................................. 224 B. Variations of Standard Practice ................................. 225 VI. INTRA-MUSLIM ARBITRATION ............................................. 225 VII. IRAN’S PRACTICE IN DIFFERENT SECTORS ........................... 225 A. Construction Contracts ............................................... 226 1. Iranian Jurisdiction ................................................ 226 2. Iranian or International Arbitration ....................... 227 B. Commericial Contracts .............................................. 227 1. Iranian Jurisdiction ................................................ 228 2. Domestic or International Arbitration .................... 229 C. Contracts of Carriage ................................................ 229 1. Carriage by Sea ..................................................... 229 (a) Standard Practice ............................................. 229 (b) Exceptional Cases ........................................... 230 2. Transport by Air .................................................... 232 3. Carriage by Rail .................................................... 232 4. Carriage by Land .................................................. 233 D. Arms Contracts .......................................................... 233 VIII. CONCLUSION ................................................................. 235

Fall/Winter 1996] Islamic International Arbitration 205

I. INTRODUCTION A. General Points International arbitration is fast growing and more often than not, Muslim states, corporations or individuals are involved in international arbitration proceedings. The law and practice of transnational commercial arbitration, however, has been monopolized by Western legal standards and Western personnel. This is a major reason why developing countries, including Muslim states, remain suspicious of international arbitration. For a change, this article deals with the law and practice of arbitration according to Islam, whose religious, legal, political, and economic tenets are followed by a fifth of the world population. Islam is essentially a religion catering both for the spiritual and material needs of people, irrespective of race, color, nationality, and language. Thus, Islamic law, to varying degrees, has shaped the national legal systems of 45 Muslim-majority states and is by all standards one of the major legal systems of the world.1 In addition to these Muslim-majority states, Islam is now emerging as the fastest spreading religion in the rest of the world. Islam is already the second largest religion in many of the countries of Europe -- including the United Kingdom, France and Germany and is promising to be so in the USA and Canada by the year 2000. In the Muslim-majority states whose law and practice will be discussed in this article, international commercial arbitration essentially involves state agencies and state-owned corporations as owner and operator of oil and mineral resources, airlines, merchant fleets, banks, insurance companies and investment agencies. Today, perhaps, the majority instances of international arbitration involves a sovereign Muslim state or its agencies and instrumentalities on the one hand, and a government entity or private corporation operating in the West. On the other hand within Muslim minority states such as those of Europe and North America, community-based alternative dispute resolution (ADR)

1 For details on this topic, see S.H. AMIN, ISLAMIC LAW AND ITS IMPLICATIONS FOR THE MODERN WORLD (1989) [Royston Publishers, Glasgow].


methods are increasingly being used by the Muslim community to resolve all manner of disputes outside of state judicial systems. ADR, as an emerging method, offers ample opportunity for Islamic law to be applied as the mutually agreed standard of review for resolving disputes between Muslims. Indeed, this author in his capacity as a mufti in all major schools of lslamic law is frequently asked to give a fatwa (an Islamic juridical opinion) on a given set of facts according to a specific school of Islamic law. This may be asked formally or informally, by both parties or only one party, or sometimes by a third party mediator. If requested formally (often via a formal submission by representing lawyers) by both parties, the fatwa would in secular law have the force of an arbitral award published by a single agreed arbitrator. If asked informally whether by only one party or by a third party such as a mediator, the fatwa is only persuasive in so far as it represents the religious and moral authority of Islamic law. B. The Supremacy of Islamic law in Muslim Majority States This article concentrates on a discussion of the treatment of arbitration in the international commercial sphere with reference to the policies and practices of a Muslim-majority state which applies Islamic law. In doing so we have chosen the Islamic Republic of Iran whose constitution of 1979 make Islamic law supreme. Article 4 of the Iranian Constitution of 1979 declares:

All laws and regulations, civil, criminal, financial, economic, administrative, cultural, military, political or otherwise must be based on Islamic principles. This article applies to all the articles of the Constitution and other laws and regulations. It will be decided by the religious jurists of the Guardian Council whether or not such laws and regulations conform to this article.2

2 CONSTITUTION OF THE REPUBLIC OF IRAN (1979), Majlis press, 1996.


Of course there is always a gap between the constitutional aspiration and legal, judicial, administrative and political realities. Nonetheless, this writer -- while remaining entirely independent from all past and present political regimes in the Muslim world -- still believes that an exposition of the policies and practices of individual Muslim states can serve as an enlightening guide to understanding Islamic law within a modern context. Hence, the writing of the present article dealing with Iranian practices in international commercial arbitration. II. DIFFERENT SPHERES OF ARBITRATION In discussing international arbitration, we must distinguish the state-to-state arbitration (a matter of public international law) from the other instances. A. Public International Law In terms of state-to-state conflicts as well as purely commercial disputes, the Iranian experience of international arbitration merits special investigation. Over the past fifty or so years, the Iranian government has been faced with many major disputes which led to judicial or arbitral proceedings inside and outside Iran. The Anglo-Iranian oil disputes of the early 1950's during the nationalist movement, led by the late Dr. Mohammed Mosaddiq, was fought in the International Court of Justice (I.C.J.). The Iran-U.S. conflict of the late 1970's during the Islamic revolution, led by Ayatollah Khomeini, is still politically unresolved (January 1996), although the commercial disputes were eventually resolved by submitting to international arbitration. Lastly, the Iran-Iraq armed conflict which began by Saddam Hussein's invasion of Iran in September 1980, and lasted eight full years (September 1980, to August 1988) must ultimately be settled by arbitration. In particular, the territorial dispute between Iran and Iraq over the Shatt-al-Arab and the delimitation of their boundaries near the edge of the Persian Gulf must be settled by negotiations, conciliation and arbitration under the Iran-Iraq Treaty of 1975, which provides for arbitration under the arbitration rules of the Permanent Court of Arbitration.


With respect to the settlement of Iran's marine boundaries, whether in the Persian Gulf (with Kuwait and the UAE) or in the Caspian Sea (with the newly independent Central Asian Republics), Article 15 of the UN Convention of the Law of the Sea (1982), similar to the Geneva Convention on the Territorial Sea and Contiguous Zone (1958), emphasizes the need for the agreement. The guidelines for delimitation criteria are based on general principles of public international law with particular reference to Article 38 of the Statute of International Court of Justice (ICJ). Thus, if disputes cannot be resolved by negotiation, they must be referred to “compulsory conciliation.” If that cannot resolve the matter, the dispute shall be, by mutual consent, referred to the compulsory third-party settlement procedures set out in the 1982 Convention.3 B. Intra-Muslim Arbitration Kuwait at the advent of the fifteenth century of the Islamic era proposed the establishment of an Islamic Court of Justice for the settlement of disputes between the Muslims States. The Court would be founded as the main organ of the Islamic Conference Organization (ICO) in accordance with the ICO charter. Its terms of reference would be similar to those of the International Court of Justice (ICJ), which is a United Nations organization. ICO member states would fully adhere to this Islamic Court's verdict in the same way that the U.N. membership adheres to ICJ judgments. Set up on a permanent basis, the Islamic Court will have permanent judges who will be chosen by the Islamic Foreign Ministers Conference from among the nominees of the member states. Each ICO member state would have the right to refer its complaints to this Islamic Court. This article, however, concentrates on commercial international arbitration rather than the use of arbitration as a procedure for the peaceful settlement of disputes between states under public international law. Still it is important to notice that in the context of both public international law and the international commerce,

3 UNTS, The UN Convention on the Law of the Sea, 1982.


the Muslim communities are as diverse as the whole human race. There are many poor and isolated Muslim communities such as those in Afghanistan, Bangladesh, Kashmir, Sudan, Somalia, Albania, Chechnya and Bosnia, whose chances of any influence in the international scene are remote and limited. On the other hand there are some newly rich oil producing states like Kuwait, UAE and Saudi Arabia whose policies and economies are closely linked with those of the Western oil-importing countries. These wealthy but small communities have not provided the leading examples for taking an Islamic approach in international law and/or arbitration. By contrast, the politically adventurous and revolutionary Islamic Republic of Iran with its 65 million population and its efforts towards Islamization of its legal structure must be considered as a first candidate for investigation in this regard. Added to its actual participation in international commercial arbitration, the laws and practices of Iran makes this country the best choice for an analysis of its policies, laws and practices in this area. Highlighted in this article are changes in Iranian law, policy and practice since the Islamization of the Iranian law, i.e., from 1979 to January, 1996. C. International Trade Every year, the public sector of Iran imports fifteen billion dollars worth of foodstuff, chemical fertilizers and industrial products. Also, Iran, as an oil exporting country, is regularly in the business of international trade with the industrialized world. That is to say that other developing countries cannot consume or pay for the oil or gas that Iran extracts -- oil and gas is only useful for the industrialized nations of the West and Japan. By the law of averages, some of these contracts may be breached and thus the resultant disputes submitted to arbitration. These disputes are sometimes due to political motives and sometimes because of Iran's inability to pay foreign contractors on time as Iran currently (i.e., in its 1995-1996 budget) - according to an opposition estimate - carries as much as $40 billion in foreign debt. Yet another cause of the staggering volume of international disputes with the Iranian government-owned corporations is the Iranian personnel's religious and nationalist sentiments which, in


dealing with foreign entities, might color the commercial appropriate-ness of some decisions. For these political, financial and cultural reasons, it is not surprising therefore that Iran has been party to thousands of international commercial disputes. This article makes reference to these cases of international dispute and particularly to the position which Iran has taken in those proceedings. D. International Arbitration Iran's pre-revolutionary experience of arbitration was qualitatively and quantitatively pretty insignificant compared with the magnitude and complexity of the disputes which arose after the revolution in 1979. After the revolution in Iran, more than 5,000 cases were instigated against Iranian government agencies by American corporations, between 3,000 and 4,000 cases by various interests in the European Union countries (particularly France and the United Kingdom) and a few hundred cases by Japanese, Asian and other corporations. The total value of these 10,000 plus claims exceeded the staggering figure of $80 billion. By far the greatest volume of disputes were those between Iran and the United States, with U.S. claims amounting to more than $20 billion and Iran's claims totaling up to $35 billion. One single Iranian claim against the United States was for US $11 billion over the U.S. military equipment bought by Iran under the Shah. Most of these claims were eventually submitted to arbitration to the Iran-US Claims Settlement Tribunal at the Hague - the only overt direct bilateral link between the two countries after Washington broke diplomatic relations with Iran in 1980. These arbitration cases have raised many diverse question which do not fit into the orthodox molds of dispute resolution. Fortunately these proceedings have been reported systematically.4 Notwithstanding the importance of the Iran-US arbitration, the cases heard by the Iran-US Tribunal reveals only one aspect of Iranian law regarding the practice of international arbitration. Thus in this article, frequent references are made to arbitration

4 For an earlier comment, see S.H.Amin, Iran-U.S. Arbitration, International and Comparative Law Quarterly (1981) and Business Journal (1983).


cases heard in Iran, the UK, France, Switzerland and Austria. This is particularly designed to redress the balance in the legal literature. While the Iran-US Tribunal cases are painstakingly reported, nothing like that has been available for the Iranian-European arbitrations. III. CHOICE OF LAW AND JURISDICTION A. Policy All Iranian public sector corporations in the first instance prefer to provide for the application of Iranian law and jurisdiction in settling disputes in their international transactions. Reluctant to submit to Iranian law and jurisdiction, many foreign corporations have tried to negotiate procedures other than the standard practice, i.e. the laws and courts of Iran. For instance, Talbot UK during its negotiation in December 1981, with the Iranian Government-owned car manufacturer, Iran Khodro (formerly called Iran National), attempted to adopt a “third party jurisdiction” as the forum for the settlement of disputes. This was not entertained by the Iranians. In maritime cases, however, the Iranian owned IRISL has frequently submitted to foreign law in its chartering business. This is, however, an exception to the general practice which adopts Iranian law as the proper law of contract. B. Practice Notwithstanding the preferred Iranian policy, in practice, it is quite normal for the Iranian public sector to accept arbitration - domestic or international. In certain contracts, e.g. commodities, re-insurance and chartering of vessels, Iranian parties even agree to foreign law, but as a rule the proper law of contract is that of Iran. However, as with any major contract with any part of the government of Iran, submission to arbitration must be blessed by the Council of Ministers, i.e. the Cabinet (or at least the principal members of the Cabinet) meeting in special session to approve of undertakings being made by the government. In addition, if the other party to a contract is non-Iranian, the submission to arbitration must be also approved by the Majlis.


Iran's failure to seek such an approval from the Majlis is a frequent defense for either side to attack the propriety of the arbitral proceedings. For instance, Construction Consortium v. The Atomic Energy Organi- zation of Iran (1982), Iran objected to the arbitration proceedings because the arbitration clause had not been approved by the Council of Ministers and/or the Majlis. By contrast, in NOIC v. Ashland Oil arbitration (1984) initiated by NIOC in Tehran, one of the main attacks put forward by Ashland Oil was the fact that no authorization for instigating such arbitration had been given to NIOC by the Majlis. C. Options All in all, a number of options can be considered for the settlement of future disputes. The first possibility advocated by Iran is that future disputes arising from the interpretation and/or the execution of the contract should be settled by way of resorting to Public Courts (the new judicial system in the Islamic Republic of Iran, after the judicial reorganization of 1373 AH, i.e. solar year 1994. Secondly, that possible disputes should be submitted to Iranian arbitration applying the laws and regulations of Iran relative to arbitration (both in substantive and procedural or adjective laws). It is common to stipulate that the umpire (the third arbitrator) may not be a national who bears the nationality of either Iran or the other contracting party. However, sometimes Iran additionally disqualifies other nationals whom it regards to be allies of the state of which a contracting party is a national. For instance in it contracts with British Companies, Iran stipulates that the third arbitrator should not bear the nationality of the United Kingdom. Nor can he be a national of the British Commonwealth countries; nor a national of a member state of the European Union; or a national of the United States of America. This is Iran's second choice. Thirdly, that all possible disputes will be submitted to ad hoc international arbitration comprising of three arbitrators to settle the dispute. In this respect a number of possible provisions apply:

(a) The umpire may not hold the same nationality as that of


either parties to the contract, nor (in the case of European companies) can he be a citizen of a member State of the European Union, neither of the United States of America and

(b) The law governing the contract, besides the terms of the contract, for both substantive and adjective rules are the laws of Iran.5

(c) In respect of this clause both parties would expressly agree that this clause was not subject to any arbitration of any kind.

Fourthly, it is quite common to reach agreement that all disputes should be submitted to arbitration, which will be decided in accordance with the procedures of the International Chamber of Commerce in Tehran or in neutral territory. If the parties agree to such arbitration, the criteria set out in the following clause apply:

(a) The regulations of the International Chamber of Commerce will govern the case only in matters of procedures and principles of law of procedure. The substantive law governing the contract, in addition to the terms of the rest of the contract, are the laws of the Islamic Republic of Iran.

(b) The umpire may not be a citizen of either state of which the parties to the contract are national, nor can it be (in the case of British companies) the national of a British Commonwealth country, neither a citizen of a member State of the European Union, nor a citizen of the United States of America.

1. Iranian Arbitration. Iranian arbitration can be either by the 5 Talbot, U.K., in its negotiations with Iran in 1981, suggested an alternative which provided for a neutral legal system as the governing law of contract. This was, however, rejected by Iran. The clause proposed by Talbot read: “The law governing the contract, in addition to the terms of the text, both for substantive and adjective law, are the laws of .... a third party jurisdiction.”


Permanent Settlement Boards (to be set up under Articles 28 and 29 of the Act on Amendment of Certain Laws of 1977) attached to Chambers of Commerce or by ad hoc tribunals. When Iran takes over private properties or nationalizes a foreign or domestic interest it either creates an administrative tribunal to hear a complaint or alternatively gives the parties the right to seek civil remedies through:

(a) A quasi judicial process via a system under the auspices of the Court of Administrative Justice (Diwan-e Idalat-e Idari), set up under the 1979 constitutional regime whose terms of reference include the hearing of all natural and legal persons' complaints against decisions, by-laws and actions of the State departments, municipalities and the revolutionary institutions, as well as being the ultimate authority for hearing appeals against the quasi-judicial tribunals in matters of law; or

(b) An agreed ad hoc arbitral tribunal conducting arbitration in Iran. It is worth repeating that if both parties to a contract have Iranian nationality, and the contract is concluded in Iran, they cannot choose foreign law and jurisdiction (Article 986 of the Civil Code).6

For a non-Iranian party, as it can be expected in all comparable alien environments, arbitration within Iran is subject to much of the disabilities that exist in judicial selection. Very few international arbitrations take place within Iran between an Iranian government party and a foreign party. In one such proceeding which happened prior to the 1979 revolution, the selection process of the Iranian government in choosing the arbitrator to represent its side was so politically tainted, to put it brutally, that an allegedly incompetent person was supposed to uphold the government's side in the case. Needless to say, the government's side lost that case. The result was the increasing reluctance of Iran to submit to arbitration even with its own territory.

6 See S.H. AMIN, COMMERCIAL ARBITRATION IN ISLAMIC AND IRANIAN LAW (1988) for details [hereinafter COMMERCIAL ARBITRATION].


Understandably, from an official Iranian government point of view, Iranian domestic arbitration is preferable to international arbitration. Indeed, both before and after the 1979 revolution, the standard term of NIOC contracts for the sale of oil provides for arbitration in Tehran. So did the Shareholders Agreement of 16 October 1974 between the Iranian Shipping Lines (then called Arya National Shipping Lines and now called IRISL) and Norton Lilly & Company under which the two companies formed Iranian registered stevedoring company called Arvand Stevedoring Co. Article 18 of this agreement provided that: “Failing an amicable settlement, any dispute or difference of opinion as to the interpretation or effect hereof or of the rights or liabilities or any Party hereunder, shall be finally settled by arbitration in Iran according to Iranian law.”7 2. International Arbitration. International arbitration covers both state-to-state disputes and transnational commercial disputes. The former is defined in Article 15 of the Hague Convention for the Pacific Settlement of International Disputes (1899) and repeated in Article 37 of the subsequent Convention of 1907. It states: “International arbitration has for its object the settlement of differences between States by judges of their own choice and on the basis of respect of law.” 8 The Iran-Iraq Treaty of 1975 and the Iran-US accords of 1981 provide for state-to-state arbitration. 9 On the commercial side, the overwhelming majority of contracts concluded between Iranian government agencies and foreign parties provide for international arbitration. Such an international arbitration itself can vary a great deal in substance and procedure. For instance, sometimes an internationally recognized system of arbitration with its own rules and procedures is adopted for 7 Id. 8 M.H. MALEK, INTERNATIONAL MEDIATION AND THE GULF WAR (1990), and S.H. AMIN, IRAN-IRAQ WAR: LEGAL IMPLICATIONS (1983) [both published in Glasgow by Royston Published]. 9 For the text of the 1899 Conventions see 99 State Papers (1898-1899), at 963-1010, and for the text of the 1907 Convention see 100 State Papers (1906-1907), at 281-450.


arbitration (e.g. the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) in Paris). On other occasions, the contract specifies its own ad hoc regime of international arbitration outside the control and supervision of the internationally recognized arbitral institutions. We should discuss these variations further, infra. IV. INTERNATIONALLY CONTROLLED-SYSTEMS OF ARBITRATION The various Institutional Rules available for international arbitration are summarized in the following subparts. A. The Permanent Court of Arbitration The Permanent Court of Arbitration was set up under the Conventions of 1899 and 1907 for Pacific Settlement of Disputes.10 Having its own arbitration rules the Permanent Court of Arbitration appoints individual arbitrators from among qualified arbitrators registered in the Court's own panel. The Court administers the rules but does not itself decide cases. Iran and Iraq in their Baghdad Treaty of 1975 chose these arbitration rules for the settlement of their future territorial disputes. Also the Anglo-French Continental Shelf case (1977) and the Chile-Argentina dispute over the Beagle Channel Region (1977) were arbitrated by this Court.11 In addition to state-to-state disputes this Court can also hear the disputes between states and private parties. B. The International Convention for Settlement of Investment Disputes (ICSID) The World Bank administers arbitration under the International Convention of the Settlement of Investment Disputes (ICSID)

10 Id. 11 For details, see S.H. AMIN, INTERNATIONAL AND LEGAL PROBLEMS OF THE GULF (1981) [MENAS Press, London].


between states and nationals of other states (1965).12 The World Bank through the Secretary of its Arbitration Centre appoints arbitrators from its panels and administers the rules. Private parties can sue states under this procedure in respect to “investment” disputes with a state or a state-owned entity or state-controlled organization. The arbitration procedures under the World Bank are suited to investment disputes. Significantly, an award published by a World Bank appointed arbitration panel can be enforced in all states which are a party to the convention. Today there are more than 40 states which, having ratified the convention, must accept the arbitral awards of the World Bank as if it were a judgment of their respective domestic courts. The ICSID has published four sets of rules namely (a) the Administrative and Financial Regulations, (b) the Institution Rules, (c) the Arbitration Rules and (d) the Conciliation Rules.13 C. UNCITRAL Arbitration The arbitration rules of the UN Commission on International Trade Law, known as UNCITRAL Rules, were approved by the UN in 1976. These are the rules adopted by Iran and the United States in 1981, in the course of their agreement for the release of American hostages.14 Since then the UNCITRAL has produced the Model Law on International Arbitration of 1985.15 This Model Law, composed of 36 well thought out articles, aims at harmonizing the rules of international commercial arbitration throughout the world. In other words, states will be encouraged to adopt this Model Law into their own domestic legal system so that whenever they deal with an “international: arbitration, they would all follow the same rules as incorporated in this Model Law. As defined in Article 1(3) of UNCITRAL Model Law 1985, an arbitration is international if: 12 U.K. Treaty Series, No. 25/1967, Cmnd 3255. 13 Together with the Convention these rules are published in a document entitled ICSID Basic Documents. 14 See, COMMERCIAL ARBITRATION, supra note 6, at 351-422, for more details. 15 Adopted in Vienna on June 21, 1985. For the full text see Uniform Law Review 351-422 (1985).


(a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business indifferent states or

(b) one of the following places is situated outside the state in which the paries have their places of business;

(i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;

(ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or

(c) the parties have expressly agreed that the subject matter of the arbitration relates to more that one country.

Finally, the term “commercial” is given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not.16 Iran in 1981 accepted UNCITRAL rules for the settlement of its financial disputes with the United States. This is not something that the Iranian side knew much about at the time.17 16 Id. 17 M.A. Solhchi, an Iranian national, wrote a Ph.D. thesis in 1991 under my supervision in Glasgow Caledonian University, which covered this point. His thesis, however, was on the treatment of dual nationality in international law with particular reference to Iran-U.S. arbitration.


D. ICC Arbitration

1. ICC System. For both construction and commercial disputes, the choice for ICC Rules of Arbitration is the more common one. The ICC Court of Arbitration is a convenient independent body for the settlement of international business disputes. ICC arbitration is designed to produce an arbitral award that, by virtue of its procedural and substantive soundness, will lead defendants voluntarily to honor it and will resist efforts before national

2. tribunals to have it annulled or set aside. Founded in 1923, the ICC Court of Arbitration deals with cases involving commercial agreements between parties from all over the world, in virtually every sphere of international commercial and financial activity.

Each year ICC arbitrations take place in dozens of countries. Failing agreement of the parties, the ICC Court selects the place of arbitration. 18 While the ICC Court and its Secretariat are headquartered in Paris, the ICC has no special links to any country of government. So, not only may the arbitrators be of any nationality, but the arbitration proceedings may take place anywhere in the world. The ICC appoints arbitrators and administers the rules, but does not decide the cases. The ICC itself recommends that all parties wishing to make reference to ICC arbitration in their contract use the following standard clause:

All disputes arising in connection with the present contract

18 Parties to ICC arbitration range from states to public and quasi-public corporations, private enterprises and individuals. It handles all international disputes, i.e., disputes having an international element regardless of whether the parties themselves come from different countries. Also symbolically the arbitration may be conducted in any language agreed by the parties. Failing agreement, the arbitrators determine the language. While English, French, and German are the most commonly selected, arbitrations also take place in Italian, Spanish, Arabic, Japanese and other languages. The Court of Arbitration itself is composed of members from some forty countries, each member having a legal background and in most instances, experience in international business law and dispute resolution which is brought to bear on every decision of the Court. Finally, the Secretariat of the Court is composed of personnel from some ten countries, speaking a number of languages, ensuring that it can ably fulfill its responsibilities to parties, counsel and arbitrators.


shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.19

2. Iran's Uses of ICC. Many contracts concluded by Iranian entities both in public and private sectors with foreign companies accept the ICC system of arbitration. However, ICC arbitration is particularly the norm when the Iranian party is not controlled by the government. For instance, reference can be made to a loan agreement signed on January 8, 1962 between an Iranian motor car assembling manu- facturing company called Murattab in the private sector and the Rover Company (later transformed into British Leyland and eventually formed as Austin Rover Group in 1982). While Article 14 of this agreement provided Iranian law as the proper law of contract, Article 13 elected the ICC as the international arbitral system by incorporating the exact terms of the clause recommended by ICC itself. Article 13 of this contract provided:

All disputes arising in connection with this Agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce or by one or more Arbitrators appointed in accordance with the Rules.20

ICC arbitration is also incorporated in a number of Standard Contract forms. For instance, as it is well known the FIDIC standard contract form provided for ICC arbitration. An example of accepting the ICC rules by the Iranian public sector can be seen in Article 15 of a contract signed in 1976 between the Public Warehouse Company of Iran and Lonrho Exports. This stipulated that:

(a) Both the contracting parties have agreed and signed the

19 This standard clause has been used in many countries, including Iran. 20 See, Kohbod v. British Leyland and Austin Rover (1984), in the High Court of Justice (Chancery Division); an unreported case.


terms hereof with good will and full knowledge of its contents. In case any dispute arises between them concerning the provisions of this contract and in respect to the interpretation or execution of its clauses, which cannot be solved amicably, it will be finally settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators designed in conformity with those rules.

(b) The decision of the arbitrators is final and binding on the parties.

(c) This contract shall be governed by the Iranian Law.21

Another important case in which the Iranian government accepted the ICC as the chosen forum was in a contract signed by the Atomic Energy Organization of Iran (AEOI) with a French construction consortium (consisting of Framatome, Alsthom Atlantique, SPIE-Batigonolles and FRAMATEG) on September 18, 1977, which was eventually submitted to ICC in 1982.22 This contract had been signed pursuant to a loan given by Iran on February 23, 1975, to the French Atomic Energy Commission. This loan agreement was eventually a subject of dispute between the government of Iran and the French party. The Majlis passed a law in 1987 authorizing the government to go to arbitration with the French for the return of the loan. In the event, the issue was resolved by diplomatic negotiations particularly by Iran's assistance to free French hostages held in the Lebanon. In the Bank Mellat v. Helleniki Techniki, SA23 in the course an application was made by Bank Mellat to the London Commercial Court under section 12(6)(a) of the Arbitration Act of 1950 for security of costs. That case has been fully discussed elsewhere

21 COMMERCIAL ARBITRATION, supra note 6, for details. 22 Id. 23 1983 LR 174, 133 NLJ, 597.


when we deal more specifically with the construction industry.24 E. UN Economic Commission for Europe The Government of Iran had accepted the rules of the UN Economic Commission for Europe, where an Eastern Bloc country was involved. In spite of all the changes in Eastern Europe, this system of arbitration may still be used. F. Supra-National Regimes Arbitration under supra-national regimes, e.g., arbitration among Muslim countries under the rules of Islamic law, is always a possibility. Arbitration is also possible under a given regional or specialized framework such as the Regional Centre for International Commercial Arbitration (Cairo), the Islamic Conference Organization (Riyadh), the Arab League, Gulf Cooperation Council, OPEC, OAPEC or other similar regional/supra-national institutions (in preference to domestic systems such as the Permanent Boards attached to the Iranian Chamber of Commerce, or in England under the rules of the London Court of Arbitration).25 1. European Arbitration. The Geneva European Convention on International Arbitration of 1961 which came into force on January 7, 1964, was sponsored by the UN Economic Commission for Europe. The Convention has been ratified or adhered to by: Austria, Bulgaria, Byelorussian SSR, Czechoslovakia, Cuba, France, Germany, Hungary, Italy, Poland, Romania, Ukrainian SSR, Burkina Faso (formerly Upper Volta), USSR and the former Yugoslavia. In addition, the following states have signed the Convention: Belgium, Denmark, Finland, Spain and Turkey. The United Kingdom has neither signed nor ratified this 24 COMMERCIAL ARBITRATION, supra note 6, for details. 25 A good example of such a system is the framework adopted by the OAPEC. For details see, M.A. TETREAULT, THE ORGANISATION OF ARAB PETROLEUM EXPLORING COUNTRIES (1981).


convention. The convention attempts to overcome difficulties in the constitution or arbitral tribunals and in the arbitration procedure, particularly in trading relations between countries of free market and state planned economy. 2. Arbitration with Countries of State Planned Economies. In countries with state planned economies, like China, in which the state has a monopoly on foreign trade, foreign trade arbitration commissions are constituted for dealing with commercial disputes between the state organizations to whom the foreign trade monopoly is delegated and the foreign businesses with which they enter into export and import transactions.26. Such commissions used to operate in all socialist states and the governments in these countries attempt to ensure that other countries accept to submit their future disputes to these arbitration commissions. Under Iranian law, an agreement to accept foreign arbitrators who have the same nationality of the other contracting party is invalid. Thus, the validity of an arbitration clause which makes an Iranian party obliged to submit to the “foreign trade arbitration commission” is doubtful. It is true to say that a “foreign trade arbitration commission” once procured, the Iranian party's agreement can by all means go ahead and publish an award under its own rules. However, once the question of enforcement of that award within Iran is contemplated, the invalidity of the arbitration clause would render the foreign award worthless. V. AD HOC REGIMES OF INTERNATIONAL ARBITRATION Quite often Iran formulates a specific regime of international arbitration without reference to the internally recognized systems of arbitration. Such ad hoc arbitration clauses are tailor made and devised to meet the requirements of each individual case or category of contract. For example, reference may be made to the Standard Terms and Conditions of Contracts for the sale of crude

26 CLIVE M. SCHMITTHOFF, EXPORT TRADE: THE LAW AND PRACTICE OF INTERNATIONAL TRADE 607-610 (1986).


oil (term and spot) by the National Iranian Oil Company (NIOC).27 Article 10 of this text reads as follows:

Any dispute between the parties arising out of this Contract shall be settled by arbitration. Each party who wants to submit such a dispute to arbitration, shall advise the other party in writing, stating therein its claim and nominating its arbitrator within one month after receiving the said advice. The two arbitrators thus appointed shall appoint a third arbitrator who shall be the president of the board of arbitration. Should the two arbitrators fail to agree on the appointment of the third arbitrator within 30 days, the interested party may request the President of the Appeals Court of Tehran, Iran to appoint the third arbitrator.

The arbitration award may be issued by majority and shall be binding on both parties.

The award shall be governed by, and interpreted according to, the laws of Iran.

The seat of arbitration shall be in Tehran, unless otherwise agreed by the parties.28

A. Standard Conditions The NOIC standard condition provides that the appointment of the arbitrator, in case of default by a party, should be in the hands of the President of the Appeal Court of Tehran. It also identifies Tehran as the site of arbitral proceedings. These stipulations giving NIOC an upper hand in the conduct of arbitration indicate the growing confidence of Iran in its ability to impose its own

27 See, COMMERCIAL ARBITRATION, supra note 6, for a detailed discussion of oil arbitration. 28 Iran, NIOC internal circulars.


terms and conditions. Prior to the oil boom of 1973, Iran often agreed to leave these matters in the hands of a neutral party, e.g., the President of the Federal Court of Appeal of Switzerland, Sweden, Denmark or Brazil. By way of example reference can be made to a joint venture agreement for the exploration and exploitation of petroleum signed between NIOC and Standard Oil (later transferred to Amoco) which was ratified by the Iranian government in 1958. That NIOC Standard Oil agreement contains one the most elaborate ad hoc arbitral systems which the Iranian public sector has agreed to. B. Variations of Standard Practice To state the obvious, special circumstances always require special solutions. As such in certain instances, particularly when there are inter-state interests or conflicts involved, special arrangements have been accepted by the Iranian Government. The most significant example of such a situation occurred in the course of the Iran-US Claims Settlement Agreement of 19 January 1981.29 Article 5 of this agreement provided for the creation of a unique international arbitral institution to decide all cases “on the basis of respect for law, applying such choice of law rules and principles of commercial and international law as the Tribunal determines to be applicable, taking into account relevant usages of the trade, contract provisions and changed circumstances.30 VI. INTRA-MUSLIM ARBITRATION There are talks of bringing about a system of international arbitration for the resolution of intra-Muslim disputes. Kuwait, since 1978, has made some financial provisions for the establishment of an Islamic Court of Justice. Iran would also wish to participate in a similar scheme. The progress is however slow due to political considerations.

29 See, COMMERCIAL ARBITRATION, supra note 6, at 311-350.for full details. 30 For the text see 20 INTERNATIONAL LEGAL MATERIALS 230 (1981).


VII. IRAN'S PRACTICE IN DIFFERENT SECTORS So far as different sectors of trade and industry are concerned, one had to be selective because a single essay cannot cover the wide range of sectors. One can concentrate on oil and gas arbitration, civil engineering - construction arbitration and maritime arbitration (including maritime insurance, specifically war-risk insurance arbitration, re-insurance) and banking trade and commodity, “market” or “exchange” arbitration to which Muslim countries regularly submit, (e.g. The London Sugar Terminal Market, the sugar Association to which the Government Trading Corporation of Iran and Tate and Lyle International agreed to their many contracts in the 1970's). Here we discuss the construction, commercial and transport sectors. A. Construction Contracts In the construction industry the choices for dispute resolution are (a) litigation, (b) Iranian arbitration, and (c) international arbitration. 1. Iranian Jurisdiction. Iran uses a standard form contract for civil engineering and construction contracts, formulated in 1977, by Iran's Plan and Budget organization and slightly modifying the FIDIC international pattern. Part II of this standard form contract specified the period and scope of the agreement. The text usually stated that the agreement should become effective upon the date signed by both parties, and should continue until terminated. Secondly, so far as tax and customs were concerned the standard agreement provided that the foreign contractor should be responsible for the payment of any applicable Iranian income taxes. With the exception of said Iranian income taxes and taxes on the salaries or governmental charges and the customer had to pay (or reimburse the foreign company for) all other taxes and governmental charges, however designated, including but not limited to excise, sales, use, customs, duties, registration of order taxes, municipal taxes, present and future as imposed under or by any Iranian authority or agency. Lastly, Clause 67 of Part II of the Iranian Standard Form


Contract, elected the courts of Iran as the competent authorities to settle all disputes between the Iranian employers and foreign contractors.31 2. Iranian or International Arbitration. Notwithstanding the provisions of the Plan and Budget Organization standard form contracts which provided for Iranian jurisdiction, in may construction contracts Iran has accepted to settle its future disputes with contractors (whether local or foreign) by means of arbitration rather than litigation.32 Jalal Abdoh has reported the following as an arbitration clause used in the construction and building industry, although he does not clarify whether this is used for domestic or international contracts and/or whether it is used for public or private sector:

If any dispute or difference of any kind whatsoever shall arise between the parties in connection with or arising out of the Contract or carrying out of the Work (whether during the execution of the Works or after their completion and whether before or after the termination, abandonment or breach of the Contract) it shall be referred to and settled by an arbitrator to be agreed upon between the parties or failing agreement each shall name an arbitrator and such arbitrators shall thereupon themselves nominate a third arbitrator and the three arbitrators shall decide the issue, if not unanimously, then by majority, and any such reference shall be deemed to a submission thereof for the time being in force. In the event of failure by either party so to name an arbitrator the other party shall have the right to ask the court to appoint an arbitrator on behalf of the defaulting party.33

31 S.H. AMIN, COMMERCIAL LAW OF IRAN 89-90 (1986). 32 See, COMMERCIAL ARBITRATION, supra note 6, at 89-90. Especially see the chapter on arbitration in the construction industry. 33 J. Abdoh, Iran, in ENCYCLOPEDIA OF ARBITRATION: (National Reports) (1982) at pages 81-103, 83.


B. Commercial Contracts Similar to construction contracts, in the case of commercial contracts too, Iran's first choice is to get the foreign party to agree to Iranian jurisdiction. Only if that cannot be achieved does Iran accept domestic or international arbitration.34 1. Iranian Jurisdiction. An example of Iranian jurisdiction was a contract concluded by the Iranian government with Rimtsma AG which as approved by the Revolutionary Council on 16 July 1980. Clause 9(10) of this contract states:

This contract is wholly governed by the laws of Iran and any dispute arising between the parties should be resolved by the Iranian courts.

Another example is a contract signed on 26 April 1983 between a Canadian subsidiary of a U.S. multinational motor manufacturer and the Iranian Ministry of Road and Transportation for the sale of sixty units of diesel electric locomotives. Article 15 of this detailed contract providing for the jurisdiction of Iranian courts read as follows:

Should disputes of any kind arise pursuant to the performance or the interpretation of the provisions of this contract in the first instance they shall be settled amicably by conciliation through correspondence and conferences.

Should this procedure fail, the disputes shall be submitted exclusively to the Courts of the Islamic Republic of Iran in Tehran to be determined in accordance with the current laws of the Islamic Republic of Iran for final decision. The decision issued by the competent legal

34 S.H. Amin, Iran, LEGAL ASPECTS OF DOING BUSINESS IN THE MIDDLE EAST 51-90 [Denis Campbell ed., 1986].


authorities of the Islamic Republic of Iran shall be final and enforceable against both parties.

Similarly, in a contract signed in October 1986 between Derby & Co. Limited of London and the Iranian Government Trading Company (GTC) for the supply of urea it is provided that:

Future disputes will be resolved amicably, otherwise they will be finally and exclusively settled in Iran by Iranian Courts and in accordance with Iranian laws and regulations.

2. Domestic or International Arbitration. Commercial contracts concluded before and after the 1979 revolution between Western corporations and various Iranian state agencies often provide that all future disputes must be settled in a neutral territory by arbitration applying Iranian law. By way of example, reference can be made to many contracts between Tate & Lyle International Ltd. and the Iranian procurement instrumentality, GTC, concluded prior to the revolution. They provided for arbitration, as was revealed in GTC v. Tate & Lyle (1984), Q.B. Division (Commercial Court), unreported judgment by Mr. Justice Webster, dated 25 October 1984. C. Contracts of Carriage 1. Carriage by Sea. (a) Standard Practice. In the area of law carriage by sea, the standard practice of the Iranian carriers is to choose Iranian courts whenever possible, as the selected forum. For instance, this can be seen in the text of the standard bill of lading currently used by the Islamic Republic of Iran Shipping Lines (IRISL) 35 which is one of the Middle East's largest merchant fleets with 99 ships including bulk carriers and tankers. Condition 35 IRSL was until 1979 known as Arya National Shipping Lines (more than 51% of whose shares were owned by private banks). The Arya was taken over by the Ministry of Commerce by decision made on Jan. 5, 1980, by the Revolutionary Council (see Iran, Official Gazette, No. 10194 dated Feb. 1980).


2 (a) of this bill of lading provides as follows:

The contract of Carriage, the Bill of Lading and all disputes arising thereunder or in connection therewith including the creation and the legal effects of maritime liens, shall be governed by Iranian law in particular by the Hague Rules contained in the International Convention for the Unification of Certain Rules relating to bills of lading, dated Brussels, 25th August 1924, as enacted in the Iranian Maritime Code by statute of 24th January 1965 with exclusive jurisdiction of the courts in Tehran, Iran.36

Also condition 9 of the NIOC standard contracts for Tug Requisition (1986) states:

These Conditions shall be governed by Iranian law, and the parties hereto shall submit to the jurisdiction of the Iranian Courts, unless otherwise mutually agreed.

(b) Exceptional Cases. Exceptions to the standard practice of electing Iranian courts as the proper forum are cases of charter party, particularly during the Iran-Iraq War (1980-88). As charters, the Iranian government agencies, in numerous occasions not only accepted arbitration but also agreed to a foreign law as the proper law of contract (more specifically often “Baltime” Arbitration Clause, i.e., arbitration in London under English law). To shed some light on the Iranian experience of maritime arbitration in London we shall give some examples selected from English case law. First, the IRSL on July 10, 1982 chartered the vessel “Anna CH” under a Gencon charter party which provided English law as the proper law of contract and also accepted maritime arbitration in London. The vessel was to take cargo from Emden in West

36 S.H. AMIN, MARINE INSURANCE IN ISLAMIC AND IRANIAN LAW 21-22 (1987).


Germany to Bandar Khomeini in Iran. The vessel embarked on the journal and reached Bandar Abbas in some 6,000 miles south of Bandar Khomeini. While IRSL ordered the vessel to join a convoy of vessels for proceeding to Bandar Khomeini in November 1982, the officers and crew on Anna CH refused to join the convoy. So the cargo was discharged in Bandar Abbas instead of Bandar Khomeini and IRSL held the owners in breach of contract. In an arbitration held in London, the arbitrators found that the refusal to proceed to Bandar Khomeini was lawful and IRSL was found in breach of its obligations to nominate a safe port than thus was held liable for demurrage. By then, the vessel was foreclosed and we eventually transferred to the Royal Bank of Scotland as the substitute of the mortgagees. IRSL appeal but the Commercial Court confirmed the arbitrators' findings.37 In another case involving Iran, the IRSL chartered the vessel “Discaria” owned by P&O Bulk Shipping Limited in May 1982 for a journey from Qatar to Iran. The charter party provided for arbitration in London and when disputes arose as to the war risk insurance, P&O went to arbitration with Messrs. Clifford Clark, Basil Eckersley and Bruce Reynolds as arbitrators. The arbitrators found that IRSL was liable for all types of extra costs for war risk insurance against all kinds of risks which might fall upon a vessel, including the loss of earnings. IRSL appealed to the Commercial Court against the award and Mr. Justice Staughton allowed the appeal in IRSL's favor and thereby a reduction was made in the amount that the arbitrators had awarded.38 Secondly, in the case of “Good Luck,” IRSL as charterers were parties to arbitration proceedings in London (the arbitrators were Messrs. Michael Mobbs, Gordon Victory and Frank Rehder). The charter party of May 23, 1984 contained a clause providing that any future dispute should be settled by arbitration, each party appointing an arbitrator and should they be unable to agree, the decision of an umpire selected by them to be final. IRSL was

37 Islamic Republic of Iran Shipping Lines v. Royal Bank of Scotland plc (The Anna CH), Q.B. Division (Commerical Court) (1987), 1 Lloyd’s, Rep. 26. 38 The Discaria (1985) 2 Lloyd’s Rep. 489.


found liable for breach of contract in the final award published on 3 September 1986. Yet another maritime case arbitrated in London was “Bellnes,” the subject of a “fixture” for charter party to Arya National Shipping Lines (IRSL's style before the 1979 revolution). In this case Iran was brought to arbitration for wrongful cancellation of a fixture concluded in April 1977. Iran denied that a fixture had been completed and the matter went before the High Court of Justice in London. After the Court decided that the fixture should amount to a contract, the arbitrators heard the case and calculated the amount of damages to which the owners were entitled.39 2. Transport by Air. Iran is a party to the Warsaw Convention and accepts a $20,000 ceiling as per the air carrier's liability per passenger. Carriage by air in Iran is entirely state owned, Iran Air being a state monopoly. As a general rule, contractual disputes arising out of transport by air must be settled by Iranian courts. However, tort liabilities are obviously dealt with by the jurisdiction within which the case of action happened to occur. There are not many cases of arbitration resulting from carriage by air in which Iran has been a party. However, other countries have been involved in arbitration proceedings in relation to Iranian destinations. In the France-U.S. Air Transport Arbitration 22 December 1962,40 the arbitral tribunal was requested to decide whether a US designated airline had the right to carry traffic originating for US, inter alia through Paris-Tehran or other points in Iran. The original France-U.S. treaty of March 27, 1946 had referred to the “Near East” and the issue was whether or not destinations in Iran fell within this route. Over the years, U.S. airlines had been allowed to operate with traffic rights on the Iranian route. The tribunal, therefore, held that the US airline had the right to fly to Iran and any limitation on the frequency, and capacity of this service needed the parties mutual consent. 39 See, (unreported) judgment given on Oct. 10, 1983, by the English High Court, London. 40 For the text in the award of the France-U.S. Transport Arbitration (1963), 38 International Law Reports at 182-258 (1969).


3. Carriage by Rail. Iranian Railways is state owned and attached to the Ministry of Road and Transport. All contracts of carriage by rail passenger or goods, are subject to Iranian jurisdiction. The electrification project, carried out mainly by Soviet companies, took five years to complete. In addition to the site work, it involved training more than 50 Iranian railway workers in the Soviet Union and Sweden. Sweden's ASEA supplied eight electric locomotives, each with a traction capacity of 600 tons, some 50 percent more than that of the U.S. supplied locomotives previously in use. This only temporarily eased the congestion at Jolfa, resulting from increase in traffic from the Far East on the Trans Siberian railway and its spur line to Jolfa. In 1981-82, some 100 kilometers of track in Iran were refurbished. Plans are under way to produce and repair locomotives, brakes and other railway equipment. In 1983, Iranian Railway purchased sixty diesel electric locomotives from the General Motors of Canada Ltd. (Quebec). 4. Carriage by Land. Iran imports much of its goods from Europe via land routes through Turkey. For example, in May 1984, the Iranian Chemical Procurement and Distribution Centre 9 set up by the Ministry of Commerce under the Nationalisation of Foreign Trade Act (1983), purchased three million cans of aerosol insecticide from the UK based Aerosols International Ltd. The transport was arranged by land by F.G. Hammond International under the C.M.R. convention (The Carriage of Goods by Road Act of 1965). The truck en route to Tehran ran off the road and some 46,526 cans were damaged. Then the Iranian buyers assigned their rights to the sellers who in turn instituted legal proceedings in the Commercial Court in London in 1985, which lasted until October 1988. D. Arms Contracts Between 1975 and 1995, the Middle East spent $600 billion on arms, with Iran being the biggest spender of all. In fact, Iran-Europe arms trade has a very long history beginning with the plans of Napoleon and Tzar Paul of Russia in 1800 to use Fath Ali Shah


as an instrument for invading British India. When France and Russia in 1805 became enemies, France offered to restore Georgia to Iran and subsidize the Iranian Army. Alarmed with Franco-Iranian cooperation, Great Britain sent its own missions to Tehran and eventually in 1814 concluded a treaty with Persia which included military cooperation.41 Ever since Iran was dependent on European powers for modern arms, obtaining its arms from France, Britain and Germany.42 But the country became the arms salesman's paradise after Iran's mounting oil revenues in 1973-74. The US Senate Report on Arms to Iran (May 14,1976) drew attention to militarization of the country but not the bribery and corruption which was of special significance in arms trade. Early in 1972, US President Nixon and Dr. Henry Kissinger, on their way back to Moscow to discuss the SALT disarmament plans, came to Iran to talk to the Shah. President Nixon, bypassing the Pentagon and State machinery at-large, agreed to deliver to Iran any amount or type of conventional arms which Iran wished to purchase. Less than a year later, Iran relying on the Nixon doctrine, contracted to buy $2 billion worth of conventional weapons from the United States (February 1973). A few months later, when the price of oil doubled, Iran went for even bigger contracts and by the end of 1974, it was buying almost 50% of the world-wide export of the U.S.A. -- equally from Hughes Aircraft and Grumen. The latter had appointed an Iranian agent close to General Khatami (the Shah's brother in law) who received $28 million “commission.” In 1975-76 General Toufanian, the deputy minister of war, publicly disclosed this payment. However, the “commission” business continued and it became even more lucrative and more dangerous during the Iran-Iraq War (1980-1988). In addition to “black market” purchases, according to the estimates made by U.S. officials in May 1988, Iran purchased some $3 billion worth of arms during the 1985-88 period from China alone. Other

41 SIR PERCY SYKES, PERSIA 105-119 (1922). 42 For Germany’s case see Ahmed Mahrad, The German-Iranian Arms Trade, (Hannoveresche Beitrage zur Geschichte des Mittleren Ostens 108-126) (1984).


governments, including the old Soviet Union and Great Britain, were also active in selling weapons to both Iran and Iraq. Since the collapse of the Soviet Union, Iran has been courting the newly independent Central Asian Republics with a view to purchase nuclear armaments. Law is only a formality in such contracts. Still, it is Iran's standard practice in all its defense procurements to provide for Iranian law and jurisdiction. By way of example, Article 16 of the Standard Form Contract used by the Logistics Department of the Navy of the Islamic Republic of Iran (Lug-Nidaya) for purchasing arms from private foreign sources specifically states that all future disputes between the parties will be submitted to Iranian courts.43 Such insistence is not unique to Iran. In January 1996, it was disclosed that the oil rich U.A.E. in the course of its proposed purchase of almost $6 billion in armaments, has demanded that the military personnel promised by the selling states to defend U.A.E., namely France, U.K., and the U.S.A., should be subject to U.A.E. jurisdiction.44 VIII. CONCLUSION In conclusion, as the foregoing indicates, the Muslims of the world at all levels participate in the existing system of international arbitration, albeit with reluctance and suspicion. Hence we see Iran's preference to adopt Iranian law and jurisdiction, but is prepared also to agree to Iranian or international arbitration either under Iranian civil procedure law or under an international regime. The governing law on substantive aspects, however, remain that of Iran. Taking into account that by Principle 4 of the 1979 Iranian Constitution, all types of Iranian law must conform to Islamic law, the application of Iranian law is equivalent to that of Islamic law. The option of making Islamic law the governing law of contract opens the door for making more and better use of the 43 Arms trade is a very dangerous business indeed. For a good account of this business see, ANTHONY SAMPSON, THE ARMS BAZAAR (1977). In particular, see the chapter dealing with Iran entitled The Arming of the Shah, at 214-259. 44 David Hirst, Emirates in a £4 Billion Flight of Fancy, THE GUARDIAN, Jan. 19, 1996, at 12.


choice of law options. Thus lawyers have much to contribute in drafting the text of contracts in such a way that it minimizes confusion if the parties are prepared to elect Islamic law as the governing law of the contract. This would remove the doubt if anything goes drastically wrong. In this context, knowledge of Islamic law may well be important not only after a contractor has to resort to Islamic law for the settlement of his disputed affairs, but also before and during negotiating a contract with Muslim entities and government agencies. At the same time the lesson for the Muslim states like the Iranian government which remains dissatisfied with international arbitration is to allow its agencies more freedom to resolve misunderstandings on a straight forward commercial basis or on the basis of a solid fatwa (Islamic-based legal opinion), rather than leaving the case to arbitrators internationally. The major problem with normal arbitration proceed-ing is the fact that the governing law, i.e., the Islamic law which must be applied to the case, is unknown to the arbitrators.

The Shura Law Center, Inc. A Community-based Islamic Legal Service

Ijaz Manzoor Chaudhry* Kenneth Rasheed and Karima Al-Amin are Muslim attorneys on a mission. They are striving to establish a law center dedicated to addressing the concerns of Muslim Americans and others. In April 1995, they established the Shura Law Center, Inc. in Atlanta, GA, with the intent of fulfilling their goals. The primary objective of the center is to conduct research in and analysis of specific types of legal issues and areas of law, and to support Muslims and others in need of research and other legal assistance. While the center still is in its formative stages, it should stand as an inspiration to Muslim attorneys and the entire ummah, because nearly every Muslim can recall an instance of anti-Islamic discrimination perpetrated against him or her, or to a personal acquaintance. Background Sister Al-Amin is the wife of eminent Islamic leader, community activist and author, Imam Jamil Al-Amin (formerly H. Rap Brown). She and Brother Rasheed established the Shura Center in the wake of egregious violations of the rights of Muslims in the Atlanta area by government authorities and employers. In fact, several months after the center was established, Imam Al-Amin’s constitutional rights were violated, and he was arrested by local and federal law enforcement agencies on unsubstantiated assault charges.1

* J.D., Temple University. The writer is a recent law school graduate who has provided a wide range of volunteer services to a number of Islamic organizations in Washington, D.C. and Philadelphia. 1 On August 7, 1995, Imam Al-Amin was arrested in Atlanta, Ga., by the ATF Federal Bureau of Investigation, and an officer from the counter-terrorism task force on suspicion of aggravated assault against a neighborhood resident, 237


The imam’s arrest brought national attention as Muslim organizations such as the Council on American Islamic Relations (CAIR) and the American Muslim Council (AMC) held a news conference to clear Imam Al-Amin's name and to seek an investigation into this matter. Ultimately, the charges were dropped, but the imperative for competent, responsive legal services for the Muslim community could not have been more clearly demonstrated. As stated in its literature, the Shura Law Center's goal is to safeguard the rights of Muslims and others who may be treated unfairly, or disparately due to their culture, values, or station in life. SLC provides legal research and support services to individuals, attorneys and other organizations. Four Step Development Strategy SLC has developed a four step process to establish a legal assistance program to address a wide range of concerns, including employment and public accommodation discrimination, alternative dispute resolution, immigration, and selective criminal prosecution investigations. SLC is well on the way to implementing its program. It should serve as a model for replication in every city and town in which Muslim lawyers live. Phase 1. In the first step, the organization should conduct legal research, writing and publication of papers in the areas of constitutional law, and employment and public accommodation discrimination. With the expansion of the Muslim community in the United States, Muslims have faced problems in the American Community with their right to practice their religion.2 There are cases where administrators of private colleges

and carrying a concealed weapon without a permit. The authorities claimed that the victim identified Imam Al-Amin as a the assailant. The victim retracted his story claiming that the police officers pressured him to implicate Imam Al-Amin The police officers denied these allegations. See, WASHINGTON POST, August 9, 1995; ATLANTA JOURNAL/CONSTITUTION, August 16, 1995; August 17, 1995; The NEW YORK TIMES, August 18, 1995. 2 Such problems have been reported to the Council on American Relations (CAIR), American Muslim Council (AMC), and other national organizations.

Fall/Winter 1996] The Shura Law Center 239

hesitate or refuse to designate prayer areas for Muslims, and Muslim faculty are discouraged from participating in Islamic activities. In other cases, Muslim customers in businesses have been denied services because of their appearance. Some Muslims, men and women, have been questioned, suspended and even fired from employment for wearing a head covering. As a result, SLC endeavors to disseminate educational material to professional, social change organizations, and volunteer attorneys by exploring, investigating, and documenting cases of discrimination in this area. It will work with local counsel in the litigation of cases and preparation of appeals. Phase 2. The second step would involve the development of a clinic to provide alternative means of resolving conflict. The needs of the clinic would be met by utilizing the expertise of established alternative dispute resolution services with ultimate plans to establish its own training center. The clinic would offer a professional environment and a training ground for the development of mediation, arbitration, and conflict resolution systems in the Muslim community. Phase 3. The third step would be for development of an immigration law clinic. The goal of this clinic would be to represent persons requiring assistance in the area of immigration law and to investigate immigration policies and practices by the government and others. Phase 4. The fourth step involves the development of a criminal law clinic to identify inappropriate or illegal criminal prosecutorial behavior and/or actions. The purpose would be to document and highlight injustice and discrimination that may occur within the criminal justice system. The Center would also prepare legal papers showing techniques for restraining unlawful, oppressive prosecutions. Conclusion The imperative has never been stronger for the Muslim legal community and community at-large to address the very same issues and concerns expressed as priorities by the Shura Law Center. The need never has been greater for sincere professionally trained Muslims to come to the aid of our orphans, our sisters, our


widows, our indigent, our wayfarers from lands far and wide. The imperative is a moral one and a practical one. More information about the Shura Law Center can be obtained by contacting the center staff at: Shura Law Center, Inc. 74 Belmonte Circle,SW Atlanta, Georgia 30311 Phone/Fax: (404) 755-2303 Kenneth R.A. Rasheed, Esq. Executive Director Karima Al-Amin, B.S., J.D. Legal Affairs Director Wanda Rasheed, B.A., C.L.A. Administrator/Paralegal

SLC is a tax-exempt nonprofit organization. Your financial support is invited and much needed.

Directory of Islamic Book, Tape, and Software Dealers Akram Y. Safadi, Ph.D. Please communicate corrections, additions or comments directly to Dr. Safadi at: P.O. Box 5183 Winter Park, FL 32793 Phone: 407-673-0242 Fax: 407-673-0242 e-mail: <[email protected]> Book Vendors* .................................................................. 241 United States ........................................................... 241 Canada .................................................................... 246 United Kingdom ..................................................... 247 The Arab World ...................................................... 247 Australia .................................................................. 248

Audiotapes, CDs and Videotapes .................................... 248

Computer Software .......................................................... 248 United States ........................................................... 248 United Kingdom ..................................................... 249 The Arab World ...................................................... 250

Islamic Publishers ............................................................. 250 United States ........................................................... 250 United Kingdom ..................................................... 252 The Arab World ...................................................... 253

Islamic Software Developers ............................................ 253 United States ........................................................... 253 United Kingdom ..................................................... 254 The Arab World ...................................................... 254 * Note: most book vendors also sell audiotapes, videotapes, computer software, and other materials. 241


BOOK VENDORS United States Iqra' Book Center 2701 W. Devon Avenue Chicago, IL 60659 Phone: 773-274-2665; 800-521-4271 Fax: 773-274-8733 Kazi Publications 3023 W. Belmont Avenue Chicago, IL 60618 Phone: 773-267-7001 Fax 773-267-7002 e-mail: <[email protected]> www: <www.kazi.org> Halalco Books 108 E. Fairfax Street Falls Church, VA 22046 Phone: 703-532-3202 Fax: 703-241-0035 e-mail: <[email protected]> www: <www.erlos.com/ halalco> International Books & Tapes Supply - IBTS P.O. Box 5153 Long Island City, NY 11105 Phone: 718-721-4246; 800-337-IBTS Fax: 718-728-6108 Islamic Book Service - IBS 2622 E. Main Street Plainfield, IN 46168 Phone: 317-839-8150 Fax: 317-839-2511

The Noble Book Foundation 366 S. Pouquet Street, Front Pittsburgh, PA 15213 Phone: 412-856-0915; 800-94-NOBLE Fax: 412-374-1199 [ Mazen Zenati] Islamic Publications International - IPI P.O. Box 247 Teaneck, NJ 07666 Phone 201-599-9708; 800-568-9814 Fax 201-599-1169; 800-466-8111 Pak Books P.O. Box EE Palisades, NY 10964 Phone: 914-359-7547 Fax: 914-359-7547 e-mail: <[email protected]> www: <www.j51.com/~alicamp> [Charles Ali Campbell] Islamic Texts Society - ITS Mockingbird Valley Louisville, KY 40207 Phone: 502-897-3641 Fax: 502-897-3641 e-mail: <[email protected]> al-Saadawi Publications P O Box 4059 Alexandria, VA 22303 Phone: 703-751-4800 Fax: 703-751-4833

Fall/Winter 1996] Islamic Book, Tape & Software Dealers 243

(Book Vendors, continued) Amana Publications 10710 Tucker Street, Suite B Beltsville, MD 20705-2223 Phone: 301-595-5777; 800-660-1777 Fax: 301-595-5888 MVI Bookstore 434 S. Vermont Avenue Los Angeles, CA 90020 Phone: 213-384-4570; 800-523-3330 Fax: 213-383-9674 Peace Islamic Knowledge Service (Dar al-Salam) 431 S. Birmingham Tulsa, OK 74104 Phone: 918-663-7467 Fax: 918-663-7467 [Husayn Khattab] ICPC Book Store (al-Maktaba) 152 Derrom Ave P.O. Box 2697 Paterson, NJ 07509 Phone: 201-278-7070 Fax: 201-278-0102 Islamic Books Inc. 20-24 Branford Place Newark, NJ 07012 Phone 201-824-8624 [Omar Muhammad Omar] Horizons (Dar al-Basha'ir) 2925 Beaujardin Street # 328 Lansing, MI 48910 Phone: 517-882-8206 Fax: 517-882-8206

Dar Al Kitab Al Arabi--USA 17 Hammond, Suite # 403, Irvine, CA 92718 Phone: 714-699-1911; 888-88-KITAB Fax 714-699-1986, 888-99-KITAB e-mail <[email protected]> www: <www/islamcity.org/ alkitab> [Mohammad Saadoun] Al-Noor Book Center 434 14th Street N.W. Atlanta, GA 30318 Phone: 404-874-5629 Fax: 404-874-5629 [Muhammad Kashlan] Madina Distribution--USA P O Box 22012 Charleston, SC 29413 628 Rutledge Avenue, Charleston, SC 29403 Phone: 803-722-6809 Fax: 803-853-0992 e-mail: <76724.3254@ compuserve.com> [United States office] QSS Publications P.O. Box 19900 Cincinnati, OH 45219-0900 Phone: 513-681-7244 Fax: 513-681-7244 e-mail: <[email protected]> www: <www.qss.org> [Al-Qur'an was-Sunnah Society]


(Book Vendors, continued) Dar Makkah P.O. Box 24046 Denver, CO 80224 Phone: 303-695-1989 Fax: 303-695-6444 The Daar of Islamic Heritage - DIH P.O. Box 450186 Kissimmee, FL 34745-0186 Phone: 904-322-0719 Dar-us-Salam Publications P.O. Box 79194 Houston, TX 77279 Phone: 713-935-9206 Fax: 713-722-0431 e-mail: <[email protected]> <www.flash. net/~darsalam> [United States office] New Era Publications P.O. Box 130109 Ann Arbor, MI 48113-0109 Phone: 313-663-1929 Fax: 313-747-8414 al-Nadi International Book Club 7206 W. 90th Place Bridgeview, IL 60455 Phone: 708-233-9590 Fax: 708-599-2916 e-mail <[email protected]> www: <www.mcs.net/~alnadi> [ Mohyeddin Kassar]

As Suq Booksellers 98 Smith Street Brooklyn, NY 11201 Phone: 718-596-9390 Fax: 718-596-1481 The Society for Adherence to the Sunnah P.O. Box 2148 Washington, DC 20013 Phone: 202-833-4993 Fax 202-833-4993 e-mail <[email protected]> Islamic Academy for Scientific Research P.O. Box 2371 Bridgeview, IL 60455 Phone: 708-974-9151 Fax: 708-974-9192 e-mail: <[email protected]> [sells only its own publications] IANA-Bookstore 3588 Plymouth Rd. # 270 Ann Arbor, MI 48105 Phone: 313-677-0006: 800-94-IANA Fax: 313-677-0007 e-mail <BookStore@ IANAnet. org> www: <www.IANAnet.org> Sunna Books P O Box 6143 Evanston, IL 60204 Phone: 407-673-0242 Fax: 407-673-0242 [publications: Reliance of the Traveller & Al-Maqasid]


(Book Vendors, continued) Dar Al-Fikr 3520 Forbes Avenue # A259 Pittsburgh, PA 15213 Phone: 412-441-7768 Fax: 412-441-8198 e-mail: <[email protected]> www: <www.fikr.com> [United States office] World Assembly of Muslim Youth - WAMY P.O. Box 8096 Falls Church, VA 22041-8096 Phone: 703-931-7239 Fax: 703-931-7253 e-mail <[email protected]> www: <www.cais. com: 80/ islamic> [United States office] CWP Distributors P.O. Box 370 South Orange, NJ 07079 Phone: 201-673-7650 Fax: 201-673-5850 Arabic Book Center - ABC 791 Valencia Street, San Francisco, CA 94110 Phone: 415-864-1585 Fax: 415-864-2560 Al Warrak, Inc. 618 S 2nd Street Philadelphia, PA 19147 Phone: 215-574-9223 Fax: 215-574-9223 Sound Vision 843 W. Van Buren, Suite 411

Chicago, IL 60607 Phone: 312-226-0205; 800-432-4262 Fax: 312-226-7537 e-mail: <[email protected]> www: <www.icna.org/ SoundVision> Nur Publications P.O. Box 15214 Scottsdale, AZ 85267 Phone: 602-493-8638 Fax: 602-493-9798 e-mail <[email protected]> www: <www.netzone. com/~sbirge> [only works by Bediuzzaman Said Nursi] Islamic Book Center 103-43 Lefferts Boulevard, Richmind Hill, NY 11419 Phone: 718-848-8942 Fax: 718-848-8955 e-mail: <[email protected]> www: <www.islambook.com> [Crescent Publishing House] The Path to Knowledge P.O. Box 68001 Minneapolis, MN 55418 Phone: 612-331-5393 Fax: 612-331-5393 Al-Huda Islamic Eductional Foundation P.O. Box 24, Skokie, IL 60076 Phone: 847-675-1204 [works by Dr. Assad N. Busool]


(Book Vendors, continued) Zakee Muwwakkil's Islamic Books P.O. Box 28883 Philadelphia, PA 19151 Phone: 215-877-7409 Fax: 215-877-6617 Dar Taiba 2005 Willow Creek # 2113 Austin, TX 78741 Phone: 512-916-9464; 888-95-TAIBA Fax: 512-916-9444 e-mail: <[email protected]> www: <www.eden.com/~taiba> [this is not a branch of the Dar Taiba of Riyadh, Saudi Arabia] ICNA Book Service 166-26 89 th Avenue Jamaica, NY 11432 Phone: 718-657-4090; 800-903-0099 Fax: 718-658-3434 e-mail <[email protected]> www: <www.icna.org/ BookService> The Online Islamic Bookstore 59 Washington St., Suite # 118 Santa Clara, CA 95050 Phone: 408-971-4846; 800-628-6427 Fax: 408-971-4165 e-mail <[email protected]> www <www.sharaaz.com> [Sharaaz Khan] Ilm Islamic Bookstore Ilm Tech, Inc.

2701 W. Devon Avenue Chicago, IL 60659 e-mail: <[email protected]> www: <www.eecs.uic. edu/~nbutt1/book_store.html> Amica Publishing House 1201 First Avenue, South, # 203, Seattle, WA 98134 Phone: 206-467-1035, 800-622-9256 Fax: 206-467-1522 e-mail: <[email protected]. com> www: <www.islamicpublishers.com> Canada Reliable Books 1640 Brentano Blvd Mississauga, Ontario L4X 2Z8, Canada Phone: 905-896-1563 Fax: 905-896-1563 [ Ahmad Talal Ahdab] Mediterranean Book Center, Inc. 2040 Lawrence Avenue E. Scarborough, Ontario M1R 2Z3, Canada Phone: 416-755-5227 Fax: 416-755-5637


(Book Vendors, continued) United Kingdom The Islamic Texts Society - ITS P O Box 842 Bartlow, Cambridge CB1 6PX, UK Phone: 01223 314387, 890787 Fax: 01223 324342, 890786 e-mail: <ITSoc@Cityscape. co.uk> [also see U.S. listing] Green Street Books Yardleys, 12 Newbiggen Street, Thaxted, Essex CM6 2QR, UK Phone 01371 831449 Fax 01371 831449 www: <www.prestal.co.uk/gsb> Madina Distribution--UK 245 College Road Norwich NR2 3JD, UK Phone: 0603-250430 [also see U.S. listing] The Call to Islam (Teesside) P.O. Box 168, Middlesbrough, Cleveland TS5-7YE, UK e-mail: <ARahman@benman. demon.co.uk> MSA Publications Ltd. 4 Bello Close 32-34 Norwood Road London SE249BW, UK e-mail: <qhmport@msapubli. com> www: <www.ummah. org.uk/msapubli>

Al-Kashkool Bookshop Riad El-Rayyes Booksellers Ltd. 56 Knightsbridge London SW1X7NJ Phone: 071-235-4240 Fax: 071-235-9305 The Islamic Book Company P.O. Box 6822 London E15 2UU, UK Phone: 0956-503499 Fax: 0181-5588280 e-mail: <[email protected]. co.uk> www: <www.demon. co.uk/ibcuk> The Arab World Dar al-Bashir P O Box 182077 Amman, Jordan Phone: 962-6-659-891 Fax: 962-6-569-893 International Islamic Publishing House P.O. Box 55195 Riyadh 11534, Saudi Arabia Phone: 966-1-465-0818 Fax: 966-1-463-3489 Maktaba Dar-us-Salam P.O. Box 21441 Riyadh 11474, Saudi Arabia Phone: 403-3962 Fax: 402-1659 [also see U.S. listing at Dar-us-Salam Pub., Houston, TX]


(Book Vendors, continued) World Assembly of Muslim Youth - WAMY P.O. Box 10845, Riyadh 11443, Saudi Arabia [also see U.S. listing] Australia The Canberra Islamic Centre Library P.O. Box 1433 Woden ACT 2606 AUSTRALIA Fax (06) 292 9118 e-mail: <cic_library@netinfo. com.au> ________________________ AUDIOTAPES, CD's and VIDEOTAPES (Note: audiotapes, CD's, and videotapes are also available from most booksellers.) United States Ghazali Islamic Video Hamed Ghazali 217 Pinecone Drive Lawrence, KS 66046 Phone: 913-842-3210 Fax: 913-841-6453 Alhambra Productions 467 Saratoga Avenue, Suite 460, San Jose, CA 95129

Phone: 408-244-1402; 800-800-TAPE e-mail: <[email protected]> www: <www.muslim- marketplace.com/ALH> _________________________ COMPUTER SOFTWARE Note: computer software also is available from many booksellers. United States Sakhr Software Company --United States distributor: Degitek International, Inc. 7631 Leesburgh Pike Falls Church, VA 22043-2520 Phone: 703-883-0134; 800-33-SAKHR Fax: 703-883-0137 e-mail: <DIGITEK326@ aol.com> Iqra' Software Center 2701 W. Devon Avenue, Chicago, IL 60659 Phone: 773-274-2665, 800-521-4271 Fax: 773-274-8733 ISL Software Corporation 2037 Featherwood Street Silver Spring, MD 20904-6645 Phone: 301-622-3915, 800-443-3636 Fax: 301-622-9199


(Computer Software, continued) e-mail: <[email protected]> www: <www.islsoftware.com> Sound Vision 843 W. Van Buren, Suite 411, Chicago, IL 60607 Phone: 312-226-0205, 800-432-4262 Fax: 312-226-7537 e-mail: <[email protected]> www: <www.icna.org/Sound Vision> Micro Systems International 505 S. Neil Street, Champaign, IL 61820 Phone: 217-356-7226 Fax: 217-356-4501 e-mail:<[email protected]. com> www: <www.msilink.com/> Language Systems 1486 East 300 South, Springville, UT 84663 Phone: 801-491-8422 Fax: 801-491-8140 e-mail: <[email protected]. com> www: <www.sanasys. com/lsystems> [Abdullahi A Gallab] Center for Hadith Analysis 805 29th Street # 552N, Boulder, CO 80303 Phone: 303-938-1211

[Dr. Mohammad Mustafa Al-Azami] Islamic Ware P O Box 643 Espanola, NM 87532 phone 505-753-7570 fax 505-753-6965 e-mail < [email protected]> www <www.nmia.com/~mosque> [Ahmad Darwish] The Arabic Software Center 434 William Street Stoneham, MA 02180 phone 617-438-3253 fax 617-438-9810 [Dr. Bishai] IslamSoft P O Box 71368 Pittsburgh, PA 15213 Phone: 412-343-1173 Fax: 412-343-6284 e-mail <[email protected]> www <www.islamsoft.com> [Adel Al-Rumaih] United Kingdom Islamic Computing Center 73 St. Thomas's Road London N4 2QJ, UK Phone: 071-359-6233 Fax: 071-226-2024 e-mail: <100010423@ compuserve.com> www: <www.ummah.org.uk/icc> [A. K. Barkatulla]


(Computer Software, continued) The Arab World Sakhr Software Company Sakhr Building, Nasr City Free Zone, Cairo; P O Box 5189, Heliopolis West, Cairo 11771, EGYPT Phone: 202-249-4170, 274-9929 Fax: 202-248-5542, 274-0044 e-mail: <[email protected]>, <[email protected]> www <www.sakhr.com> -- United States distributor: Degitek International, Inc. 7631 Leesburgh Pike Falls Church, VA 22043-2520 Phone: 703-883-0134, 800-33-SAKHR Fax: 703-883-0137 e-mail: <DIGITEK326@aol. com> ________________________ ISLAMIC PUBLISHERS United States Kazi Publications 3023 W. Belmont Avenue Chicago, IL 60618 Phone: 773-267-7001 Fax: 773-267-7002 e-mail <[email protected]> www <www.kazi.org>

(Publishers, continued) American Trust Publications - ATP 2622 E. Main Street Plainfield, IN 46168 Phone: 317-839-8150 Fax: 317-839-2511 International Institute of Islamic Thought - IIIT P O Box 669, 555 Grove Street, Herndon, VA 22070 Phone: 703-471-1133 Fax: 703-471-3922 e-mail <[email protected]> www: <www.dgsys. com/~iiit/iiit.html> Iqra' International Education Foundation 7450 Skokie Boulevard Skokie, IL 60607 Phone: 847-673-4072 Fax: 847-673-4095 al-Saadawi Publications P O Box 4059 Alexandria, VA 22303 Phone: 703-751-4800 Fax: 703-751-4833 Amana Publications 10710 Tucker Street, Suite B, Beltsville, MD 20705-2223 Phone: 301-595-5777, 800-660-1777 Fax: 301-595-5888


(Publishers, continued) Al-Qur'an was-Sunnah Society of North America PO Box 19900 Cincinati, OH 45219 Phone: 606-578-8371, 800-277-8624 Fax: 606-578-8372 e-mail <[email protected]> www <www.qss.org> Islamic Assembly of North America - IANA 3588 Plymouth Road # 270 Ann Arbor, MI 48105 Phone: 313-677-0006 Fax: 313-677-0007 e-mail: <[email protected]> www: <www.IANAnet.org> The Daar of Islamic Heritage - DIH P O Box 450186 Kissimmee, FL 34745-0186 Phone: 904-322-0719 Multimedia Vera International - MVI 434 S. Vermont Avenue Los Angeles, CA 90020 phone 213-384-4570, 800-523-3330 fax 213-383-9674 e-mail <[email protected]> www ? Amica Publishing House 1201 First Avenue, South Suite 203

Seattle, WA 98134 Phone: 206-467-1035, 800-622-9256 Fax: 206-467-1522 e-mail: <[email protected]> www: <www.islamicpublishers.com> Nur Publications P O Box 15214, Scottsdale, AZ 85267 Phone: 602-493-8638 Fax: 602-493-9798 e-mail <[email protected]> www <www.netzone.com/~sbirge> [works by Bediuzzaman Said Nursi] Al-Huda Islamic Eductional Foundation P O Box 24 Skokie, IL 60076 Phone: 847-675-1204 [works by Dr. Assad N. Busool] Sunna Books P O Box 6143, Evanston, IL 60204 Phone: 407-673-0242 Fax: 407-673-0242 e-mail ? www ?


(Publishers, continued) United Kingdom The Islamic Texts Society - ITS P O Box 842 Bartlow, Cambridge CB1 6PX, UK Phone: 01223 314387, 890787 Fax: 01223 324342, 890786 e-mail: <[email protected]> --United States office: The Islamic Texts Society Mockingbird Valley Louisville, KY 40207 phone 502-897-3641 fax 502-897-3641 e-mail <[email protected]> Madina Distribution--UK 245 College Road Norwich NR2 3JD, UK Phone: 0603-250430 --United States office: Madina Distribution--USA P O Box 22012 Charleston, SC 29413 628 Rutledge Avenue, Charleston, SC 29403 Phone: 803-722-6809 Fax: 803-853-0992 e-mail: <76724.3254@ compuserve.com> Islamic Foundation Markfield Dawah Center Ratby Lane, Markfield, Leicester LE67 9RN, UK Phone: 0530-244944

Dar Al Taqwa, Ltd. 7A Melcombe Street, Baker Street, London NW1 6AE, UK Phone: 071-935-6385, 935-6690 Fax: 071-224-3894 Ta-Ha Publishers Ltd. 1 Wynne Road, London, SW9 0BB, UK Phone: 071-737-7266 Fax: 071-737-7267 UK Islamic Academy 147 Mere Road, Leicester, LE5 5GQ, UK Al-Quran Society 101 Belmont Road, Tottenham, London, N17 6AT, UK phone 081-881-3984 Seerah Foundation London 78 Gillespie Road, London, N. 5 ILN, UK Al-Hidaayah Publishing & Distribution P O Box 3332, Birmingham, B10 9AW, UK Phone: 0121-753-1889 Fax: 0121-753-2422 Idara Ihya-us-Sunnah P O Box 3114, Alum Rock, Birmingham, B8 3NW, UK Jama'at Ihyaa' Minhaaj Al-Sunnah 24 Bishops Hill, Ipswich, Suffolk IP3 8EN, UK


(Publishers, continued) Al-Haneef Publications P O Box 3465, Birmingham, B10 9AT, UK The Arab World Maktaba Dar-us-Salam P O Box 21441, Riyadh 11474, SAUDI ARABIA Phone: 403-3962 Fax: 402-1659 --United States office: Dar-us-Salam Publications P O Box 79194, Houston, TX 77279 Phone: 713-935-9206 Fax: 713-722-0431 e-mail <[email protected]> www <www.flash.net/~darsalam> World Assembly of Muslim Youth - WAMY P O Box 10845, Riyadh 11443, Saudi Arabia --United States office: World Assembly of Muslim Youth - WAMY P O Box 8096 Falls Church, VA 22041-8096 Phone: 703-931-7239 Fax: 703-931-7253 e-mail <[email protected]> www <www.cais.com:80/islamic> International Islamic Publishing House P O Box 55195, Riyadh 11534,

Saudi Arabia Phone: 1-465-0818 Fax: 1-463-3489 ________________________ ISLAMIC COMPUTER SOFTWARE DEVELOPERS United States ISL Software Corporation 2037 Featherwood Street Silver Spring, MD 20904-6645 Phone: 800-443-3636, 301-622-3915 Fax: 301-622-9199 e-mail <[email protected]> www <www.islsoftware.com> Sound Vision 843 W. Van Buren, Suite 411, Chicago, IL 60607 Phone: 800-432-4262, 312-226-0205 Fax: 312-226-7537 e-mail <[email protected]> www <www.icna.org/SoundVision> Micro Systems International 505 S. Neil Street Champaign, IL 61820 Phone: 217-356-7226 Fax: 217-356-4501 e-mail <[email protected]> www <www.msilink.com/>


(Software Developers continued) Language Systems 1486 East 300 South, Springville, UT 84663 Phone: 801-491-8422 Fax: 801-491-8140 e-mail <[email protected]> www <www.sanasys.com/lsystems> [Abdullahi A Gallab] Center for Hadith Analysis 805 29th Street # 552N, Boulder, CO 80303 phone 303-938-1211 [Dr. Mohammad Mustafa Al-Azami] Islamic Ware P O Box 643 Espanola, NM 87532 Phone 505-753-7570 Fax 505-753-6965 e-mail < [email protected]> www <www.nmia.com/~mosque> [Ahmad Darwish] The Arabic Software Center 434 William Street, Stoneham, MA 02180 phone 617-438-3253 fax 617-438-9810 [Dr. Bishai] IslamSoft P O Box 71368, Pittsburgh, PA 15213 Phone: 412-343-1173

Fax: 412-343-6284 e-mail <[email protected]> www <www.islamsoft.com> [Adel Al-Rumaih] United Kingdom Islamic Computing Center 73, St. Thomas's Road London N4 2QJ, UK Phone: 071-359-6233 Fax: 071-226-2024 e-mail <[email protected]> www <www.ummah.org.uk/icc> [A. K. Barkatulla] The Arab World Sakhr Software Company Sakhr Building, Nasr City, Free Zone, Cairo; P O Box 5189, Heliopolis West, Cairo 11771, EGYPT phone 202-249-4170, 274-9929 fax 202-248-5542, 274-0044 e-mail <[email protected]>, <[email protected]> www <www.sakhr.com> --United States distributor: Degitek International, Inc. 7631 Leesburgh Pike, Falls Church, VA 22043-2520 phone 800-33-SAKHR, 703-883-0134 fax 703-883-0137 e-mail <[email protected]>

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