Showing posts with label Law and Society. Show all posts
Showing posts with label Law and Society. Show all posts

June 1, 2017

The Trump Administration does not recognize Muslim Americans

    Thursday, June 01, 2017   No comments
by Ahmed E. Souaiaia*


On May 26, President Trump released a statement on Ramadan, the lunar month that Muslims spend fasting from sun-up to sun-down every day. Unlike statements by other U.S. presidents who used the occasion to recognize the presence and contributions of Muslim Americans, Trump used it to denigrate them and stigmatize their religion and deny the fact that they exist.

As a statement of best wishes on the occasion of a religious event, the intended receiver is supposed to feel good about who they are and what they do. Instead, Trump’s statement made Muslim Americans feel demeaned and defamed. Trump’s statement connected all of Islam to terrorism and portrayed Muslims as people who are prone to violence. Not once did the president use the phrase Muslim Americans. Instead, he talked down to Muslims as foreigners who live in far way places everywhere else in the world, though he acknowledged that some of them--Muslims--live in the United States, but not as Muslim Americans.

If that offensive message was not enough, Trump’s choice for the post of the nation’s top diplomat emphasized the same attitude. On May 29, Secretary of State, Rex Tillerson, declined a request to host an event to mark Ramadan, breaking with a bipartisan tradition in place for nearly 20 years. Taken together, it is clear that this administration does not recognize Muslim Americans as full citizens of this country. This statement is not based on speculations, it is based in facts—the kind of facts that withstand legal scrutiny. Four courts and judges found Trump to hold anti-Muslim views and for that reason they ruled against his Executive Orders--widely known as the Muslim Ban--in the original and revised editions.

Muslim Americans will resist these odious speech and acts because their right to be recognized as full citizens enjoying all the due protections of the law and shouldering all the responsibilities are not bestowed by one person or by one administration. Muslim Americans exist as a matter of fact: they are 1% of the population, they are represented in all ethnic and racial communities, and they contribute to all aspects of life in the United States. They lead productive lives and they speak against the violent ideology and practices espoused by violent Wahhabi-Salafists. American Muslims are well aware of the double-edged sword of extremism and fanaticism: the absolute majority of victims of terrorism (82-97% of all fatal terrorist attacks) are Muslims and Muslim Americans are victims of domestic terrorism and hate speech disguised as acts of patriotism reacting to “radical Islamic terrorism,” a phrase made popular by Trump and many of his leading supporters and associates.

Trump does not seem to recognize that, upon taking the oath of the presidency, his primary responsibility becomes to uphold the Constitution—not pursue personal ideological goals. With his words, when he denigrates a specific group of citizens, he incites hate and violence. Muslim Americans don’t expect him to change his belief or convictions about Islam and Muslims, but he is expected to uphold his oath of office and stand for the Constitution and for the rights of all citizens, including Muslim Americans.

As a presidential candidate, he insisted on using the phrase “radical Islamic terrorism,” arguing that terrorism must be accurately defined for it to be defeated. He knows the power of words and he has used words as weapons against anyone or any group of people who stand in his way. Muslim Americans now insist that he acknowledges them as citizens by calling them by their proper name: Muslim Americans.


___________________________

* Prof. SOUAIAIA teaches at the University of Iowa. His most recent book, Anatomy of Dissent in Islamic Societies, provides a historical and theoretical treatment of rebellious movements and ideas since the rise of Islam. Opinions are the author’s, speaking on matters of public interest; not speaking for the university or any other organization with which he is affiliated.
_______________

Trump's Statement on Ramadan:


March 27, 2017

Academic Integrity and the Problem of Profiting from Slavery and Racism

    Monday, March 27, 2017   No comments
by Ahmed E. Souaiaia*

Abstract: Teaching future generations is indeed a costly endeavor, especially when governments allocate little or no money to higher education. Universities’ administrators are always under extreme pressure to keep their institutions afloat. However, as learning and training institutions, universities instill values and norms that guide future citizens and professionals towards a better future. Therefore, the source of money is just as important as the amounts of money for universities and for the people they serve. It has been revealed that Georgetown University would not have survived if it did not profit from selling hundreds of human beings and participate in the cruel slave trade. Ostensibly, Georgetown is unable to totally break from its legacy of profiting from slavery and racism. Its dependence on money provided by Muslim individuals and/or Islamic regimes with a history of human rights abuses, sectarian, and racist practices raises questions about its ability to overcome and dispose of both Catholic and Islamic legacies of depravity and decadence.
________

About 200 years ago, to save Georgetown College, priests sold human beings thus fully endorsing and profiting from the brutal, dehumanizing institution of slavery. To date, we've learned of the existence of records documenting at least 272 human beings, like Mr. Frank Campbell, who were sold so that that college would survive to become the institution we now call Georgetown University.  Evidently, for these priests, the survival of an educational institution outweighed the abuse of the dignity of hundreds of human beings. Today, to gain prominence as an elite university, Georgetown has established financial ties to individuals and governments with social and ideological affinity to racism, sectarianism, and absolutism. Georgetown's connections to Wahhabism and individuals who are interested in whitewashing that sect adds to the University’s legacy of exploitation in pursuit of elitism and financial advantages. Recently, Georgetown’s dark history with slavery was brought to the forefront once again when one of its faculty members used dubious logic and absolutist interpretation of ancient texts to argue that slavery is morally justified in Islam, a position that conforms to that held by groups like ISIL and al-Qaeda.



March 10, 2017

Association representing Islamic and Middle Eastern Studies scholars join efforts to legally challenge the Muslim Ban

    Friday, March 10, 2017   No comments
Civil rights and refugee groups today asked a federal court in Maryland to block the Trump administration’s revised executive order, arguing that it would cause irreparable harm for their plaintiffs. The order, which still maintains the suspension of refugee resettlement along with banning entry of nationals from six Muslim-majority countries, was issued on March 6.

The groups that brought the case include the American Civil Liberties Union, ACLU of Maryland, and the National Immigration Law Center on behalf of the International Refugee Assistance Project at the Urban Justice Center, HIAS, and the Middle East Studies Association, along with individuals, including U.S. citizens, affected by the ban.

January 29, 2017

Why the Muslim Ban cannot be justified by national security concerns?

    Sunday, January 29, 2017   No comments
The White House justified its ban on Muslims coming from seven countries by citing potential threat of terrorism and national security. The facts do not support that argument. 

First, it is a fact that none of the terrorists who actually carried out attacks in the United States since 2001 has had any connections to countries listed by the White House.  

White House officials could argue that the wars in Iraq and Syria  attracted and trained new terrorists and therefore the list reflects that new development. That logic, too, can be refuted by facts and figures. The majority of the fighters who joined al-Qaeda and its derivatives in Syria and Iraq came from countries other than the ones sanctioned by this White House.  

By cross-referencing the two sets of data, it becomes clear that more terrorists had come from Saudi Arabia than from any other country. Yet, Saudi Arabia is not mentioned by the White House on its list of countries with potential threat of terrorism. Moreover, and considering the passage of legislation by Congress (JASTA), which candidate Trump supported, allowing families of 9/11 victims to seek justice from Saudi Arabian citizens and officials for any possible complicity in terrorist attacks on Americans, the exclusion of Saudi Arabia is odd. Clearly, there is some bizarre logic at play in determining which country to target by this Muslim ban that splits families, endangers lives already at risk, and violate terms of treaties and conventions ratified by the United States.

The Ban on Muslims is motivated by prejudice, politics, and xenophobia, not by legitimate security concerns. Muslims from rich nations, such as Saudi Arabia, were excluded from the ban while Muslims from poor countries like Yemen are banned. This practice is consistent with this White House’s position that equates being “rich” to being “smart,” and developing oppressive policies guided by this new form of racism, where being wealthy is equated to being innately virtuous. The ban targets the most vulnerable and if it is allowed to stand, more dis-empowered social groups, at home and abroad, will be victims of discriminatory executive orders and arbitrary measures from an administration that, based on its actions thus far,  has little concern for due process, the rule of law, constitutional limits, and human rights.

__________________

Links to statements made by leaders of major US universities in response to the January 28, 2017 Executive order barring Muslims from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entry to the United States:

Boston University 
Brandeis University
Brown University
California Institute of Technology
Carnegie Mellon University
Case Western Reserve University
Columbia University
Cornell University
Duke University
Emory University
Harvard University
Indiana University
Iowa State University
The Johns Hopkins University
Massachusetts Institute of Technology
Michigan State University
New York University
Northwestern University
The Ohio State University
The Pennsylvania State University
Princeton University
Purdue University
Rice University
Rutgers University - New Brunswick
Stanford University
Stony Brook University - The State University of New York
Texas A&M University
Tulane University
The University of Arizona
University at Buffalo - The State University of New York
University of California, Berkeley
University of California, Davis
University of California, Irvine
University of California, Los Angeles
University of California, San Diego
University of California President and Chancellors 
The University of Chicago
University of Colorado, Boulder
The University of Florida
University of Illinois at Urbana-Champaign
University of Kansas
University of Michigan
University of Minnesota, Twin Cities
University of Missouri
University of North Carolina at Chapel Hill
University of Oregon
University of Pennsylvania
University of Pittsburgh
University of Rochester
University of Southern California
The University of Texas at Austin
University of Virginia
University of Washington
The University of Wisconsin-Madison
Vanderbilt University
Washington University in St. Louis
Yale University

November 11, 2016

Welcome to Trump’s America!

    Friday, November 11, 2016   No comments


by Ahmed E. Souaiaia *

Trump said many things that offended many people. Muslim Americans were among those offended by his comments on refugees, terrorism, and Islam. Now that he is elected to be the 45th president of the United States, should Muslims freak out?

To answer this question, I include this essay, which I drafted in June of this year in response to some of my colleagues' comments. I said then that support for Trump was not a passing moment: Trump will be president. Here he is: President-Elect Trump and in about two months he will lead this country… to somewhere. I did not publish the essay then because it could have been perceived as an attempt to influence young voters, like the ones I have in my classes. Now that the elections are over, I will share it. It is still as relevant now as it was then. 

I should add one thought since we now know for sure that Trump is elected president: He is the legitimate president produced through the system as is. But his election and the process should not and cannot be allowed to legitimize and legitimate racism. The task of resisting falls on the shoulders of civil society institutions as understood in the broadest sense possible. A democracy is as strong as its civil society institutions.

__________________________

Electing Donald J. Trump president of the United States of America
by Ahmed E. Souaiaia*
June 9, 2016
Thus far, Donald J. Trump used some of his own money to finance his presidential campaign and he thinks that his support comes from outside the political establishment. With such real or perceived autonomy, he was able to make some of the most outrageous comments that allowed him to be the lead story in every news outlet--for free. Some conservative commentators thought that his campaign will eventually collapse because Mr. Trump does not represent the Republican Party. To his credit, he is now the presumptive nominee and that did not come easy. 

Unlike Mrs. Clinton, for whom the field was basically cleared--a decision Democrats might regret later, she faced just two other contenders. Mr. Trump beat sixteen other candidates. He earned the Republican nomination. Still, some thought that since he is now the GOP nominee, he will stop making inappropriate and racist comments to widen his base of support. Last week, he suggested that Hispanic or Muslim judges cannot be partial because of their heritage, drawing rebuke from many Republican leaders, including the person who stands third in line to become president of the United States, Speaker Paul D. Ryan.
He replied to Mr. Trump’s reported comment saying that “claiming a person can’t do their job because of their race is sort of like the textbook definition of a racist comment.” Then he added, “I believe that we have more common ground on the policy issues of the day and we have more likelihood of getting our policies enacted with him.” In other words, Republicans want to have it both ways: condemn racist comments and embrace racists. That is why many people, including myself, believe that racism in America is unique, deep, and systemic. Such racism, exceptional as it is, cannot be addressed unless the institutions that originated and have sustained racism are purged. The lack of thus understanding racism is the reason why, I think, Mr. Trump will be elected president.
I resisted interjecting into a crucial political context. However, when colleagues and acquaintances who rarely talk about politics approach me these days to tell me how sorry they were to see politicians like Mr. Trump feeding the flames of prejudice against and hate of Muslims, I felt that I should say something. Then, when politically active colleagues use Mr. Trump’s example to suggest that Muslims will be safer with a Democratic president, I was even more frustrated. To use fear to create a default political position for Muslims is just as offensive, in my mind, as Mr. Trump’s comments about ethnic, racial, and religious disempowered social groups. Today, Muslims are facing systemic racism the same way all other disempowered social groups have faced it since the founding of this Republic. This is not a Republican problem. It is an American problem.

It will not be the end of the world if Mr. Trump were to be elected president of the United States, and I think he will be. He may not be America’s worst president because, unlike party-favorite presidents, Mr. Trump will be heavily scrutinized by both parties and every other civil society institution in the country. A democracy is as strong as its civil society institutions. It is values and rules enshrined in the Constitution, unfulfilled many of them still, that provide comfort to citizens, not the person sitting in the White House. It is the distribution of political power and role of civil society institutions that curb the hunger to grab more power and use it to destroy opponents that would allow American society to weather corrupt politicians, authoritarian presidents, and zealots. The presence of dangerous men in power should empower activists and civil society leaders to collaborate more, to unite, and to take their role seriously to overcome the power and violence unleashed by the state, which is controlled by power hungry persons.
President Trump will be just as capable or incapable of carrying out his personal agenda as President Obama. After all, candidate Obama promised to close Guantanamo, bring home the troops, stop bombing other countries, honor the Constitution respecting torture and extrajudicial killing, treat immigrants with dignity, insist on public option within a universal healthcare law, and rebuild the image of the country abroad. Eight years later, Guantanamo is still housing detainees. He sent more troops back to Afghanistan and Iraq. He played a role in creating two more failed and near-failed states--Libya and Syria, and he allowed corrupt rulers of so-allied nations from the Middle East to arm and supply Wahhabi genocidal fighters to overthrow the Syrian and Iraqi governments. He continued to appease and shield human rights abusers like Saudi Arabia, Jordan, and Bahrain. He carried out more drone-assisted extrajudicial killings of American citizens than his predecessors.  He deported more immigrants than his last three predecessors. And standing on grounds where the U.S. government dropped its weapons of mass destruction, he refused to apologize to the Japanese victims. 

This catalog of shortcomings were not due to a hidden agenda or his lack of trying to do the right things. They were due to the deep state that control the long-term strategic posture of the United States, slow moving wheels of bureaucracy, and the resistance from some civil society institutions, interest groups, and political expediency. 

So we expect a president Trump to fail to act on some of his threats the same way president Obama failed to deliver on many of his promises. If he succeeds, it is because civil institutions leaders and citizens failed to comprehend their role and act as a counterweight to those in power. It will be an opportunity to transform society and overhaul outdated institutions like the press, which has become a tool in the hands of the powerful, not a voice for the people.

Muslim Americans will not move to Canada or return to their ancestral homelands. They will stay here, at HOME, in their country where they sweat and bleed everyday, and resist bigotry, racism, and discrimination the same way millions of other Americans have done before them.  

__________________________
       
___________________________
* Prof. SOUAIAIA teaches at the University of Iowa. His teaching and research interests cover both classical and modern legal and political thought in Islamic societies. He is currently documenting and writing about the social movements and armed conflicts triggered by the events popularly known as the Arab Spring. Opinions are the author’s, speaking on matters of public interest; not speaking for the university or any other organization with which he is affiliated.

September 26, 2016

A leading Saudi Salafist fighting in Syria admits to committing war crimes

    Monday, September 26, 2016   No comments



The peaceful protest movement in Syria wanted political and constitutional reform so that all Syrians are included and that the Syrian people have the final say in who governs and on the source (constitution) of their authority to govern. Salafists do not believe in a constitution that is derived from the will of the people. They believe in imposing a particular and specific interpretation of Islamic traditions from the top down. 

For militant Salafists, the imposition of sharia, as they see it not as seen by the majority of Muslim scholar, was the end goal. The presence of many religious, sectarian, and ethnic groups in Syria made that vision incompatible with a Syrian society that is too diverse to reduce to a single monolith. These diverse communities knew that their struggle is existential, since Salafists framed the conflict as one between "Sunni Muslims" (Salafists), on one side, and apostates (murtadd), Alawites (nusayris), Shias (rawafid), and crusaders (salabiyin) on the other side. Salafists' actions in Syria reflect this framing of the conflict. They accused residents of towns that are predominantly inhabited by these communities of supporting Assad and they forced them out or placed them under siege. Members of the security forces were summarily executed. In most cases, these acts were videotaped and posted on social media to frighten civilians and force them to submit to their rule. Recently, the chief religious mufti of one of the largest armed groups in Syria admitted to committing war crimes by killing prisoners based on their religious affiliation


In an interview with a Lebanese paper, Abdallah al-Muhaysini, a leader of Jaysh al-Islam, which is a cover for Jabhat Fath al-Sham (aka Jabhat al-Nusra), Istaqim kama Umirt, and Ahrar al-Sham confirmed what has been reported since the start of the war in Syria. He admitted that his fighters target civilians who are "rawafid" and that they killed captured "nusayris" immediately. Salafist groups usually use derogatory sectarian names for warring parties to frame their war in Syria as being aimed at purging that country from non-Salafists.

This admission would have serious legal implications for individuals and governments known to have supported these groups, including Qatar, Saudi Arabia, and Turkey. Al-Muhaysini has had elaborate connections to foreign intelligence services and he formed working relations with all Salafist fighting groups in Syria which he urged to unite in a single army. He threatened those who refuse the unification. The admissions to war crimes and his threats could lead to his assassination.

Most read this week...

Find related articles...