Archive for the ‘Justice’ Category

Tighty wighties or boxers, or do you go for the boxer briefs?  How about the European butt huggers?  Undergraduate years are like experimenting with the pair of drawers that your going to be most comfortable with (I limit this to the Brothers, analogizing for sisters on this point seems highly inappropriate, even for me!)

If you went off to college then you should be focusing on your grades.  Make sure you understand your learning style (see Academic counseling or places like UCSD’s OASIS) so you can make the most of your learning experience.  You want to do good in your classes, so you get more free time and also get opportunities to intern (experience based learning is the reality of our economy today).  I say this bit of advice to all my mentee’s- don’t worry about CHOOSING A MAJOR the first year and half you are at college.  If you went to community college or to a four year institution, plan your first two years around the general education courses you need to take along with the transfer classes needed to go from a junior college to a university. (if this is not making sense go read my post on Senioritis)

The planning you do at this juncture is critical and as always be proactive by making these plans in consultation with your parents, counselors and if you are blessed with a mentor, use that person for input and advice.  Impress your parents at your maturity and desire to involve them in the process.  Regardless your transition from high school might be rough, so I always say play it safe and take the bare minimum of courses needed to be a full time student.  In the end you will want to socialize and do things that are new/fun and its best to manage all of that in a way that doesn’t affect your grades.

If you  are a science major, than you need more “well rounding”- if your in the humanities and social sciences, well so is like 60% of the folks at your school and most of them are unemployed or struggling or worse competing for very limited Masters and Ph.D. programs.  You will need to be “well rounded” regardless what your focus is.  Unless your absolutely brilliant or are majoring in the four careers that isn’t faced with unemployment- best you work with what your good at and build up some exceptional skills and experience.

This is where you need to find consistency, discipline and a passion toward an arch of activities that will

a) help you get transferable skills

b) provide life experiences and

c) help you gain an edge over your competitors.

Pre-med folks, honestly, everyone goes to volunteer at a “hospital”, so get smart and think about something unique.  Here is a hypothetical “pre-med student” to help you understand my point:

You like swimming- might of swam on your high school team maybe?- and you are pre-med, looking to stand out?  Go be a lifeguard, get advance first aid training and teach kids how to swim in your spare time.  That, right there is an arch that brings together your personal passion, your career aspirations and your academic work.  You get transferable skills, you showcase leadership skills, you indicate your ability to empathize and work with what you will find to be challenging experiences and if you’re lucky some European guy wearing a speedo will need mouth to mouth resuscitation and you, you my friend, will be the one to give it to him.  BAM!  You saved a person life and now can speak to that experience in your medical school application.  If you got your academics in order and you achieved decent success on your MCAT your a shoe in, hopefully, to an American Medical school.

What the hell am I talking about?  Well to really draw it down to simple, basically I have provided you with- an amazing resume, a means to keep your grades decent, showcase your ability to have consistency, discipline, focus and growth (its not like you will become a swimming instructor over night…); you get an amazing personal statement (While serving as a life guard I learned that my passion for swimming allowed me to save a persons life.  It is with this passion that I am applying to your EXTRAORDINARILY EXPENSIVE MEDICAL SCHOOL because you offer me the best opportunity toward my professional dreams of becoming a UNDER PAID AND SEVERELY UPSET PEDIATRIC SURGEON); you get a good source of “alternative, but strong” recommendation letters, you diversify your life experiences as long as you have some of the traditional stuff but all of this is grounded on your passion, that thing that really makes you happy in life.

So as college students dont fall into the trap of doing what Muhammad X and Fatima Y gone done, find an arch in your life that you can develop separately but bring neatly together toward your professional aspirations.  Also challenge yourself to do things that you might not initially feel like you are going to like, those make some of the best personal statements.  Don’t get peer pressured into cookie cutter learning styles and plans, go at your own pace and make it worthwhile- taking five years instead of four and doing a study abroad program is WORTHWHILE.  You working in a science lab playing with flies?  Well so are so many others, so you better work on trying to get published or do your own unique research.  If your pre-med consider not doing the hum drum Biology major, go into Economics if you like money and business and development.

Also, by January you need to figure out what you’re doing in the summer besides taking summer school.  You need to build your resume and resume opportunities fill up fast.  The first two years should be of planned-controlled exploring, but you should hone in on your major by the end of that period and more importantly have internship opportunities lined up that are going to help you in that major and toward a career goal.  Also always be flexible with your plans- shit happens, say Alhumdulillah and suck in some air and figure out how to move along.

You will want to socialize, you will face drama due to that experience.  The experience will put your morality to the test, along with your values and principles.  You will question everything in life eventually.  *****looking for yourself, feeling lost, confused, etc***** You will feel like a zombie (trust me, being an Undie is nothing like being in graduate school so don’t over emphasize your experience, the world will not cry for you).  You will most likely behave at your worst.  Your world might just utterly stop making sense.  You will talk fast all the time or will take a back seat, when you do talk you might always say the wrong things.  You will find new sense of pride in your culture, nationality, heritage or you will run screaming to the hills from all that.  Its to be expected- but you should find a way to manage this-finding-yourself-process or else you will loose yourself in it, but I do admit, its probably the best part of a college experience.

You need God.  You’re now in a place where all you have are the principles and values you were raised with.  All around you are different lifestyles, different norms and values that will challenge the core upon which you are built on.  You will either reject and create a bubble, reject and embrace this new world; stumble awkwardly through the mess or find a way to thrive while embracing your core values- that choice is also yours.

Take refuge in God, stay God conscience, be cognizant of peer pressure and anytime you feel like doing something you will regret don’t struggle with yourself, I say run to God and seek refuge with God.  Don’t ask for patience or perseverance or determination to overcome the tests and trials and temptations, ask God to grant you the grace to see yourself through the test, provide you with the Mercy of his refuge, acknowledge your desire (for X) so that you can ask God to provide you with what is better for your eternal life (REMEMBER THAT PART, this whole life thing isn’t about you being here, but rather it is for you to do your mission, God entrusted you with it, those things that count toward your afterlife).

Finally surround yourself with people who will bring the good out from you and encourage you to do the right things, you can’t shelter yourself, in fact, I highly recommend not doing that because when you get to working full time, you’re going to be in for a real surprise, but definitely don’t throw yourself out into the deep end of the lake when there are dangers you just are not aware of.

Disclaimer about the MSA- I just told you to hang out with Muslims, and part of college Muslim life is the Muslim Student Association (MSA).  I am an MSA-head, guilty of being a former vice president at my school and all sorts of other MSA activities-for-the-greater-good-of-the-Ummah.  While the MSA is amazing and necessary and critical, there are limits and there are just down right things that are more important than the MSA.  You should go to the MSA because its a community (you get great advice on classes, notes, tests, books…the company of good people); Ramadan and prayers on campus.  Halaqahs and other social events.  The MSA will enrich your life, will add drama to your life, will provide you with some of your best friends for life.  You will want to help out, eventually some of you will want to run for leadership positions- which is wonderful.  (I am speaking to the MYLP Alumni)

But all of you MYLP kids have a degree of activism that I believe should outgrow the MSA within the first two years of being there.  Do your thing and move on to other leadership positions outside of the “Muslim bubble”- dont get stuck there, make friends with other folks, be leaders in other causes, leave leadership of the MSA for the non-MYLP folks.

For those stumbling onto my blog who are Muslim, know this about the MSA: you need to figure out what the MSA means to you, what you have to offer the MSA, but more importantly what the MSA has to offer you.  If the equation does not equal out you should be asking yourself why are you involved in its activism and if the answer to that question is that “its fee’sabilillah brother” then I can’t help you.  You need to help yourself, nothing here or anywhere else will be of use to you because the blind answer to my question is not one that understands themselves very well.

Robert Frost has this oft repeated and very much cliched poem, I want you not to just know it, I want you to live it, experience it, embody it.  If you don’t want to be mediocre then I am telling you to be one with the poem.  If you want to survive, indeed, thrive in the new economy and the globalized world then you need to hustle, what I present to you above is your hustler manual.  Go forth and learn not to get by, but rather how to challenge yourself to become a better person, overcome those challenges (or learn from the failure) so that you can ultimately thrive as leaders.

Go back to the main MYLP blog post.

God I am so sick of seeing and hearing about how America and the West continue to do nothing about the massacre of innocent people, especially children.  To be left incompetent by the likes of Russia and China on an issue that sits squarely upon our shoulders is not just depressing because it shows exactly the type of Super Power the United  States of America is today but also a shame to those early Pilgrims who chose this land, and those Revolutionaries and soldiers the continued to die for this country, to make it a “beckon for the world.”

We talk about freedom and democracy, but there are real people today who are dying for those values and principles in Syria.  Maybe we just don’t have the necessary political environment to take any action, so its the circumstances we are left with as Americans.  Let the killing continue; the Butcher of Damascus slaughter children while our President and his administration sit back unable to say anything of significance.

In my own act of defience I sent a special Father’s Day reminder along with the First Lady’s message.

for fathers day the children of syria spill their blood for freedom and democracy

Subvert a campaign, subversive marketing, lets see how many “Free Syria’s” we can get out there to wish the “President a Happy Father’s Day”   Just go the campaigns website to fill out a card with your name as “Free Syria” or a likeness there of, then facebook, tweet, tumble or whatever your social media fancy is out of it.

(Dhol is Urdu for drum; Bhajaa is Urdu for horn)

I haven’t been as prolifically bloggertastic these past five months but that doesn’t mean that the interweb is not moving forward.  While I was experiencing the throes of my second semester at law school, processing all my misgivings about being a law student and becoming a practicing attorney, I didn’t have much time to process a pretty significant event taking place on the digital platform but now its time to reflect and put to rest a very good thing that happened to me through its discovery.  This is a goodbye and thank you to Sepia Mutiny, a blog for South Asian politics, culture and discussion that ceased its html contribution back in April after 8 years of amazingness.

I was saddened by the news but also compelled to add a few pixels by code to express my sadness a month on.  When a blog shutters its doors very little is heard except for frantic tapping on the plastic tabs of the key board, and then there is forever of silence, except those that relied on it, like me, in whom the blog continues to shape and express itself.  In my frantic typing to catch up with the events that transpired there is a great degree of significance of the gratitude and appreciation I am publicly offering to Sepia Mutiny and the Mutineers.

As a silent observer I was very much in awe of the very existence of a “South Asian American” community, let alone one that shared my progressive world view.  To understand this, please bare with me on my jaunt through my own South Asian identity awakening.  I am a Pakistani, born in Karachi, that knows very little of Pakistan or experience being a Karachiate.  My Pakistani experience was instilled into me by my parents because I was two (maybe three) years old when I came to the United States.  I have known only America and “Pakistan” was a parental experience, a familial relation that was colored by the British Raj experience of my Grandparents.  Luknow and Pune, India were my roots; Karachi, Pakistan was my transplanted experience- the complexity and diaspora of the Partition of India were very much my contextual basis of understanding who I was as a child.  I never quite fit into this South Asian identity growing up in America and by the time I got to High School I was very much American.

I kept a distance from “Brown” people because I just didn’t find myself fitting in, maybe because I didn’t feel a shared experience; my parents weren’t very “Pakistani”.  It was easier to identify as an American until 9/11.   Suffice it to say experience, politics and life choices lead me to embrace Islam and reconcile that religious identity with being an “American” “Muslim” with “progressive values”.  I felt at ease and complete having gone through years of this process.  That was until I lost my Grandmother (Nani, my Mom’s mother) and a few months later my Grandfather (Dada, my Dad’s father).  Around that time I also met Taz.

Taz introduced me to the Sepia Mutiny world and ya’all plunged me into a whole new aspect of my identity.  I saw the light!  I couldn’t reject the history- rich, vibrant and complex; the culture- spicy, wonderful and brilliant; because it represented universal struggles and sacrifices of my parents, my grandparents generation and a BILLION people who had the same sufferings and triumphs I had.   Sepia was the gateway for me to discover that part of me, begin a new course and seek out knowledge from a civilization that represented the cornerstone of humanity.

What a splendid mutiny it has been!  Incredible because i found people that showed me the potential of a dormant part of me and the place I have in this larger community.  A mutiny is a bold risk, borne on the shoulders of honor, duty and values of high moral principles; or its simply a treacherous deed wrought in the deepest most inner ego of greed, desire and selfishness.  This Mutiny has been both and oh so skillfully, like a masterful and dutiful surgeon wielding a blade, balanced between these two sides of the mutiny all these years.  As sad as it will be to say Goodbye, new adventures always begin with endings of some sort.  And furiously on some flickering screen and keyboard a new adventure is forming, a new mutiny is conspiring, inspired by this bold endeavor to mutiny.  South Asian Americans are whispering, clamoring amongst themselves about the rights, honor and empowerment owed to them; about the injustice requiring justice, the dignity requiring a voice, but most importantly for a piece of that damned American Pie that belongs to us.  These are the things yearning to once again be let loose into a unified voice on the web.  i am certain some familiar characters will pop up bringing along new conspirators in this new tale.  As long as things fare progressive, you will find a friend, supporter and fellow mutineer in me!

Good luck to all you industrious mutineers, you “whitish brown” people and may your future rabble rousing be as successful, wonderful, joyous, inspiring and appreciated as this one.

Protests against a rape by the Indian Army officials. Courtesy — SepiaMutiny.com

The youngest girl was aged 13 and the oldest woman was 85 years old.  On February 23, 1991 these two along with 51 other woman were ganged raped by Indian soldiers in Kunan Poshpora, Indian occupied Kashmir.  Its been over 20 years now but not a single solider has been held responsible.  The young girls who were raped have not been married because of the shame placed on them for what the soldiers did that night.

On April 7, 1991, the New York Times reported the Kunan-Poshpora rape incident under the headline, “India Moves Against Kashmir Rebels” (evidence of the continuous marginalization of both Kashmirs numerous human rights violations by taking the MAIN issue and burying it in the articles text).

According to the report, on March 5, 1991, villagers complained about the incident to the then-Kupwara District Magistrate, S.M Yasin, who visited the village two days later to investigate. “According to a report filed by Yasin,” the article reads, “the armed forces behaved like violent beasts.” He identified them as members of 4th Rajputana Rifles and said they rampaged through the village from 11:00 pm on Feb 23 until 9:00 am the next morning.

According to the old woman, around 10 to 15 soldiers entered every home in the village. “They would gag women to prevent them from raising hue and cry. We were not able to make much noise,” she says. There must have been around 1,000 soldiers in the village that night, she recalls.  When interviewed in 1991, villagers claimed about 100 women had been molested. “They left the very small girls untouched,” she adds. “Besides them, no one was spared.”

But India did nothing but respond back with the retort that the allegations were “baseless.”  Yet countless human rights organizations around the world have condemned the incident, and even the US Department of State rejected the Indian governments claims.

Black History Month- a lens of analysis for the Arab Spring

February is Black History Month here in the US.  Its an opportunity for Americans to give special attention to the contributions of Black Americans to our country.  You might wonder whats the purpose of it?  I will leave the answer for another post, here I want to focus on one of my favorite Black History leaders and how he would observe the world today- Malcolm X.

Malcolm is an fascinating figure for me because he embodies the transformative nature of man.  We get leaders who, as Chris Matthews presents it, should be “thinking adults” fully formed and grounded and to an extent infallible.  But leaders aren’t born that way.  They get to a point where they are recognized as leaders, but we don’t really see what the process was for them, in terms of their intellectual and psychological process, until we read about their lives in a  biography.  I feel we tend to idolize our leaders in a wholly unnatural way (and Islamically speaking shirk fashion) so that it prevents us from seeing their faults and their weaknesses and appreciating their struggle with that aspect of human nature.  Malcolm’s appeal to me, when seen from this perspective, is that removed from his Blackness and his religion, he was a person who was changing, developing and critically examining himself in a way that was publicly visible.  His most famous speech given during that time of public change, or as Marable calls it- “reinvention”- actually frames my presentation of the idea that the Arab Spring pits us between two simple choices as Malcolm laid them- The Ballot or the Bullet (which is ranked as the 7th most influential speech in the US, out of a 100).

Malcolm gave the “Ballot or the Bullet” speech to an audience at the Cory Methodist Church in Michigan on April 3, 1964, right after his public split with the Nation of Islam.  In the speech he explicitly presented that this was the direction that the Black civil rights movement needed to take- to secure voting rights for Blacks in America- or else the only choice left would be to take up arms to protect the security of the 22 million Black Americans that lived in the US in 1964.  When reading this post I would like you to bare in mind that I take some liberties in comparing the Black American experience in the US in 1964 with the experience of various Arab populations, also I am assuming that the Arab protest movements central call is political engagement which for me translates into electoral politics, i.e. the vote that counts.

A Ballot is Like a Bullet

I find it ironic that Muslims in the West are supportive of the political engagement being sought by the Arab masses, yet the issue of voting and civic engagement in politics is contentious or at best fragmented, leaning toward apathy.  But anyone who respects Malcolm would find that he was very much supportive of the idea of political involvement and specifically the fight to get the right to vote (Man, how we take things for granted today), and the Black Civil Rights movements rallying call by 1964, was to push for full rights, dignity and integration in the US by securing the unfettered right to vote.  The ballot box in their eyes represented a source for ultimate power shift, a means to inflict a crushing defeat to Jim Crow and segregation.  Voting was a powerful tool, one that would transform the lives of the average Black person in America.  Today, the ballot is seen with great skepticism and disdain, but, even today people in the world are dying to have that simple right.  Here’s a excerpt to frame the discussion:

These 22 million victims [Blacks] are waking up. Their eyes are coming open. They’re beginning to see what they used to only look at. They’re becoming politically mature. They are realizing that there are new political trends from coast to coast. As they see these new political trends, it’s possible for them to see that every time there’s an election the races are so close that they have to have a recount. They had to recount in Massachusetts to see who was going to be governor, it was so close. It was the same way in Rhode Island, in Minnesota, and in many other parts of the country. And the same with Kennedy and Nixon when they ran for president. It was so close they had to count all over again.

“No, I am not American” but rather part of the 22 million people who are “victims of Americanism.”  He frames himself as a victim- “I’m speaking as a victim of this American system. And I see America through the eyes of the victim. I don’t see any American dream; I see an American nightmare.”-  suggesting that something basic is lacking in what makes him a victim and what entitles “everything that came out of Europe” as American was the right to vote.  In Malcolm’s eyes being born in the US didn’t privilege Blacks with the vote, they were effectively disfranchised by Jim Crow legislation, and not having the power to repeal the legislation or to send people to speak for their interests perpetuated the second class status of Blacks in America.  In my perspective, I feel Malcolm saw that as the foundation pillar holding up the racist double standards of American society.But in Malcolm style he warned that if the right to vote was not secured for Blacks, by the United States government, there would be consequences because for Blacks the ballot represented a metaphorical bullet that is “thrown when you see a target, and if that target is not within your reach, you keep your ballot in your pocket.”  Malcolm’s metaphor portrayed his sophisticated understanding of what the right to vote could mean to the Black community.  He envisioned the transformative nature of the vote on the Black psyche and its ability to shift power to a group of people who had no power.

What does this mean? It means that when white people are evenly divided, and Black people have a bloc of votes of their own, it is left up to them to determine who’s going to sit in the White House and who’s going to be in the dog house.

To Malcolm the bullet was just another weapon in his toolbox to arm the disenfranchised, abused and segregated community.  If Malcolm were alive today he would recognize the importance of the Arab popular uprising not as a means of ousting the regimes, but rather as a means of shifting the power to those who are most oppressed by franchising them.  By holding a population responsible for their own fate, as Malcolm described it in his speech, the resulting political maturity would give control over their lives, their economy and their communities and root out the vices that plagued the Black community at the time.  Malcolm’s espousal of Black Nationalism is in essence the desire of the Arabs that is being expressed in the streets- their ability and right to exert control over their own affairs.

In fact Malcolm points out in his speech that the ballot means freedom, which he shows through his example of  the UN, where four nations- poor and dark skinned- can get together with their “voting power and keep the rich nations from making a move.   They have one nation- one vote, everyone has an equal vote…and when the brothers from Asia, and Africa and the darker parts of this earth get together, their voting power is sufficient to hold Sam in check.  Or Russia in check…So, the ballot is most important.”

The Ballot Appeasement

In Morocco we see how the recognition of the King of this desire staved off the types of mass movement protest that rocked the rest of the Arab world.  On Feb. 20, 2011, Moroccans took to the streets to demonstrate (like the spark in Tunisia and Egypt- a youtube video) against the crippling poverty (15% of the population lives off of $2 a day), soaring unemployment and substandard living.  King Mohammed VI moved quickly to placate the protesters by offering constitutional reforms and calling early elections- the ballot appeasement.  The elections brought in the  the Justice and Development Party (a Islamic leaning political party) but nothing has changed, in fact, things have gotten worse.

In the placating gesture the King gave people the ballot, yet retained the authority to veto any law he wished, without reason and also preserved the status quo of the political and business elites, namely himself.   Now on a weekly basis there have been protests in Morocco, namely by college graduates (watch the grisly video of 5 unemployed graduates who lit themselves on fire on January 19th, 2012).  Unlike Tunisia, Egypt and Yemen (as well as Syria) last years protest weren’t to destroy the system, but rather to shake it up by seeking a electoral power shift in who controls the fate of the nation and individual lives.

Malcolm rightly criticized this idea of “feeling fulfilled” in getting something that already belonged to you, he said tot he crowd:

Whenever you’re going after something that belongs to you, anyone who’s depriving you of the right to have it is a criminal. Understand that. Whenever you are going after something that is yours, you are within your legal rights to lay claim to it. And anyone who puts forth any effort to deprive you of that which is yours, is breaking the law, is a criminal. And this was pointed out by the Supreme Court decision. It outlawed segregation.

In Morocco this ballot appeasement is a failure on the King’s part because he’s given something that was already rightly owed to the people of Morocco.  The failure of the process to gain results would inevitably lead to, what Malcolm would refer to as the need to seek out alternative weapons.  Here the streets and self emulation present the escalation, however the next confrontation could be pronounced and specific — against the monarchy itself, much like that in Bahrain and Syria- however, for Morocco that step could be fatal in that the ballot option has run its course leaving the option of civil disobedience bordering blatant attack on the monarchy as an institution and authority.

Casting the Bullet

Malcolm was a controversial figure from the get go because of his hard stance on having all options on the table, but more specifically for calling the “peaceful civil disobedience” option as ineffectual.  Most people listening would rightly then assume that Malcolm only advocated for one option- violence.  But in “Ballot or Bullet” Malcolm spelled out the nuances in his argument and presented a fairly sophisticated analysis to human nature and a critical attack on democracy in America.

“You don’t have anybody putting blocks in your path but people who are a part of the government. The same government that you go abroad to fight for and die for is the government that is in a conspiracy to deprive you of your voting rights, deprive you of your economic opportunities, deprive you of decent housing, deprive you of decent education. You don’t need to go to the employer alone, it is the government itself, the government of America, that is responsible for the oppression and exploitation and degradation of black people in this country. And you should drop it in their lap. This government has failed the Negro. This so-called democracy has failed the Negro. And all these white liberals have definitely failed the Negro.”

Malcolm reasoned that if the Blacks were denied the right to cast the ballot, the existing conditions within America where an “African from Africa” is treated with indifference and “Negro child of a former slave” lives a life below a second class citizen, there was little room to negotiate.  He also astutely observed that there were elements in the Black community who were now unwilling to “turn the cheek” especially if the government was ”unwilling or unable to defend the lives and the property of Negroes,African-Americans should defend themselves.”"- in essence Malcolm was tapping into a large unacknowledged reservoir of Black sentiment- like the Arab street, except this was America’s Black ghetto’s.   Malcolm expresses this passionately when he was relating to his own visceral reaction to violence against himself or his family:

“But when you drop that violence on me, then you’ve made me go insane, and I’m not responsible for what I do. And that’s the way every Negro should get. Any time you know you’re within the law, within your legal rights, within your moral rights, in accord with justice, then die for what you believe in. But don’t die alone. Let your dying be reciprocal. This is what is meant by equality.”

You have to understand that during that time in American history lynching was a common day occurrence in large segments of America.  Malcolm’s own childhood experience relates the insecurity with which Blacks existed, so the idea of self defense- owning and using guns- was particularly appealing for Blacks and incredibly unnerving for Whites.  In his speech Malcolm soothed this nerve by expressing: ”This doesn’t mean you’re going to get a rifle and form battalions and go out looking for white folks … that would be illegal and we don’t do anything illegal” and that “if white people didn’t want African-Americans to arm themselves, the government should do its job.” (I guess they discriminated even when applying the Second Amendment back then.)

In Malcolms world, Blacks had very few options left to them and the White politicians at the time were not recognizing this reality and Black civil rights leaders were sweeping it under the rug.  After Malcolm’s assassination America saw the arming of Black youths, the riots and the burning of the ghettos as violence and rage swept America.  For Malcolm this was the foreseeable consequence of political appeasement and denial of human rights.  The Arab world- in fact any place with popular protest movements- is on the brink of the political equation Malcolm presented- its either the ballot or the bullet, but appeasement is not a long term solution just a short term way to increase the pressure and explode in ways that are not reconcilable.

Bloody hands, Hypocrisy and an Appeal

Let the world know how bloody his hands are. Let the world know the hypocrisy that’s practiced over here. Let it be the ballot or the bullet. Let him know that it must be the ballot or the bullet.

I have blogged about Syria recently, you can go here to read it but a quick summary of the article focused more on how Muslim leaders in the US- particularly in Southern California- are using other struggles, in particular Kashmir, to frame the Syrian situation.  That in itself is nothing new or problematic, what I took issue with was more the tone and almost ritualistic or “as a second thought” nature of the comparison or worse to the compelling motivator behind bringing up Kashmir- large South Asian crowd in the audience.  To me this was disingenuous use of a struggle very few people in the American Muslim community know about or even understand.  My bottom line was that as an American Muslim you don’t need to sell me on supporting Syria by doing a marketing pitch framed within the Kashmir struggle, its our duty as Muslims to care about the larger Ummah, but lets recognize that there are certain priorities placed on certain suffering groups versus others that are outside the time and event context.

Media for the most part is blocking coverage of the most gruesome and disturbing atrocities coming out from Syria right now.  Someone denying an adult a right could be questionable in terms of whether they acted criminally, however, what about punishing to death 18 premature babies, or the torturing of children- where are all the Christian right to life activists?  We don’t need to apply the criminal label by ourselves, the Assad regime is through and through criminal just read the UN Report.  Of coarse China and Russia would veto any UN resolution, what do you expect when the principal values those two nations function on are self-interest and monetary value?  Just because you get 3 good votes (hypothetically speaking) on issues doesn’t mean you should be rooting for them, its called hypocrisy and as Muslims we shouldn’t be relative in our analysis of situations.  The US and Western allies are not less hypocritical, but at least we call it like it is.  La, la, its Realpolitik comrades.

The end result though is exactly how Malcolm envisioned the Black struggle for civil rights in the US- if the government fails to do its job, lacks the insight to understand that there are shifts in power and that there is an opportunity to negotiate that ends at critical juncture, once that juncture is reached, there is no longer a choice, just the cold hard reality of the situation that bitter steal will resolve the conflict.  Its a call to arms, because the world has failed to address the inequity in power that is concentrating death, murder- dare I say genocide?- torture, rape and countless war crimes against an unarmed, peaceful population demanding nothing out of the ordinary, but rather simply and beautifully, the rights that already are theres.  There is a point of no return for Syria and with all the actors having failed it, we should no longer expect the outcome to be in our favor- such transparent hypocrisy is like us parading around the UN without our new fancy robe on, the world can see how useless we have been and how caught up we are in our own machinations to realize the golden opportunity that these movements bring to the our future.

So the people of Syria have every right to defend their children, their loved ones, their neighbors and their neighborhoods, their cities and their fate.  Screw those who think that their is any further negation or reconciliation that is required, people have the right to bare suffering and oppression and then that line is crossed their is no room for turning the cheek, and anyone who says that should first be placed in the shoes of an oppressed person- have their rights stripped, have their family tortured, have their children killed, their house destroyed, be imprisoned, be bombarded for days on end, forced to live in a basement with no food or electricity or water, shot at while they bury their loved ones- maybe at that point they should be asked if they still believe they can negotiate and reconcile with the people who put them through all of that. Will there be room for hope?

The actors on the world stage aside, there is something really important you can do that doesn’t require to much on your end.  Its prayer- the most humbling of things is to put your complete trust into God over a situation you already have no control over, to implore that God give people you might not even have any relationship or kinship to the grace to weather the storm of tyranny, dignity to face oppression head on, strength to stay the course and victory against all odds in a situation that to us and them, appears hopeless.  Pray for Syria, pray for humanity- join with others for the Global Day of Prayer on February 20, 2012- but remember until the tyrant and oppressor is swept aside, the people of Syria still need our prayers, at the BARE MINIMUM.

If you read all this, here’s a treat for you, enjoy Everlast- Stone In My Hand- the ultimate revolution anthem in my mind.

To say this week has been difficult would be simplistic.  You need to understand that for me its been like “the death of Michael Jackson,” the “lock out of the NBA for five years” along with getting news that Justin Bieber is getting married to some no name girl leaving all tween girls (..and some boys?) heartbroken- that’s been my week.

I heard my brother and really dear friend, Jamaal Diwan, give a khutbah at Islamic Center of Irvine (ICOI) where he talked about “waking up”- how he woke up to Islam, before that how he woke up from his “good life” to realize that there were folks who lived in way where his life was beyond luxury, how he woke up prior to that to realize that he had a life that was worth living.  I don’t think you can discount how privileged someone is to realize that maturity of thinking.  We, who are privileged, live a life worrying about what others think, our problems are about how Rubio’s discontinued the fish taco (no they didn’t) or how Facebook keeps changing things up.

God I feel like such a prick when I think that these are the challenges I face in my life when the person standing at a street corner is homeless and begging for change.  Even that, our homeless folks, wear “brand name” clothes and carry around electronics.  There are places where homeless folk are pushed into begging and preyed upon by those who have a slighter degree of power and they beg to only give what they have earned through begging to another person.

Here I am in my place of privilege talking about how the Presidents speech was a nightmare or how the Republican primary was scary – when there are people in this world who live through hell and who live through real nightmare.  God, I feel so miserable knowing that I have a life in which my challenges are all relative to my situation- but what makes me privileged, what prevents me from being in those people’s shoes?  I sometimes wonder why I was born now, as a Muslim, and not born as a Jew during the Holocaust?

The only thing that privileges me is when and where I was born.  My privilege is derived only from two factors that I have little control over, BUT, I have all the means necessary and available to sustain those privileges.  That is the freedom we cherish in this country that leaves us with two choices: one to be principled or the other to be miserly.  In principle we choose to uphold our privilege but exercise our responsibility knowing full well that the privilege I have can be taken from me at any point and that those who do not have it are no less privileged then me.  The second choice is to covet my privilege and guard against others encroaching on it.  Everything becomes a threat, everyone becomes and enemy and I can live a life of paranoia but I will have that privilege to myself…right?

But thats why I think I needed a guilty verdict in the Irvine 11 case.  Those 10 brothers, men, who stood up and exercised their freedom in conjunction with their responsibility to extend their privilege for the good of those who were prevented from having the privilege and freedom to stand up for themselves gave us an opportunity to check within ourselves for what we stood for, for what our principles are.

The OC DA’s contention was that there actions were an infringement of free speech, that they were exercising a hecklers veto that prevented a forum for the exchange of ideas in a marketplace of ideas, that by prosecuting these students they were setting  standard for protecting our value of free speech in Orange County.  (The irony does not pass me by without slapping me, silly OC DA, you have no clue what goes on in the marketplace of ideas and its free exchange.)  But what the OC DA might have done now with having gotten a conviction is emboldened students to challenge pro-Israeli and pro-Zionist forums more so then before.  Simply to set an example that we challenge your notion of free speech behavior.  I mean how many folks and events will the DA prosecute at the level of that they prosecuted the Irvine 11.

Maybe that won’t happen.  Maybe students and supporters of Palestinian cause will not want to stand up and protest.  But then thats a shame.  Our cherished freedom of speech just suffered an immense blow because a minority opinion, one not necessarily liked by a majority of people just got silenced.  But that energy that could have been put into peaceful protest will get channelled somewhere and it will show up somehow, maybe this will give rise to a Boycott and Divestment campaign against Israel.  Either way the clear losers today were our cherished value of free speech and the Zionist cause.

Zionist have not shut down the opposition, if anything they have invigorated it.  I mean I went from feeling uneasy about my continued support for just the Palestinian people at the expense of the Kashmiri’s and the Cham and the countless other oppressed people, to once again understanding that September 23, 2011 was the day that I renewed my commitment to the Palestinian cause for justice and freedom.

Thank you to the Irvine 11 for showing courage, leadership and commitment to principles that truly make us the Americans our founders had wanted us to be.  When they envisioned this great country they realized that in the future Americans will need to rise up to the greatness that was possible and the way that we would rise up as Americans to greatness is to experience adversity, to face challenges head on and to learn what our principles and values are rather then to see our greatness as an entitlement, to chant rhetorical exclamations of our values and principles and to feel that our privilege was a birth right.

I for one will not mourn or stay in a state of despair.  Neither are qualities of a Muslim, or of an American.  But instead I will donate, I will commit myself to the cause of justice and I will find the energy and optimism to pick myself up and keep the fight going.

I have been watching at a distance as the State of Georgia prepared to execute Troy Davis.  I tweeted away in astonishment, shock and revulsion at the failure of our justice system.

Officer MacPhail, a off duty police officer serving as a security guard, was murdered.  My condolences to the family for having to go through all of this.  The roller coaster was a shared experience, it was not a single person affair, the family of Troy Davis experienced what the MacPhails did, except they will not get JUSTICE for the death of their loved one.

When I say the Davis family will not get justice, I feel that the MacPhail family will not either.  To the MacPhail’s justice was served with the execution of Troy Davis, but what if the doubt of his guilt is substantial enough, can the MacPhail’s live with the fact that the real murderer is out there, or worse, that the wrong man was executed, killed for a crime that he didn’t commit?  What of the MacPhails sense of justice?

Thats the crux of the capital punishment debate, at least for me.  Amnesty advocates for the abolishment of the death penalty and describe it as a “cruel and unusual punishment” that has been abolished by other civilized societies, in Western Europe primarily.  They state that America’s insistence to apply the death penalty creates problems in seeking justice because countries refuse to extradite criminals to the US knowing that we are a capital punishment society.  There are other arguments posed for abolishing the death penalty, but I think its important to be clear here- I am not opposed to the death penalty.  While I am writing this from a Muslim perspective, I will also clearly state that there is a trend (growing?) within the Muslim religious scholars to abolish (?) the application of the death penalty.  However, Islam itself recognizes and legitimizes capital punishment, no arguing that.

This post started with a Troy Davis tweet that spun into a dive of background research and reflection.  Reading Islamic Legal Philosophy, by M. Khalid Masud gave some great insight on the policy and religious precepts of Sharia and its application.  (You can read more on my old blogpost on Khalid Masud’s book)

The following is important to the conversation on Capital Punishment and Sharia- the “law” in the Islamic conception existed above and outside of the state, in fact the purpose of the state was to uphold, implement and act out the “law”.  The concept of law was different then secular conception, because in Islam the law was Divine, God given, not so different then other Semetic conceptions of the law. Secular law on the other hand derives from the Greek concept of “natural law” and is focused on finding what is “good for society” because the Greeks derived the idea of finding law from internal human process, so common law is largely based on this assertion of “searching for the good of society.”  This is critical because the law in a semetic sense does not work to be the “last judgement” rather that judgement is left to God and humans only apply that which is closest to Divine punishment in the mortal world.  I constructed this narrowly to apply toward capital punishment, but the analysis above is much more broader and Masud does a better job at introducing it then I can, so I encourage you to find a copy of his book and read for yourself.

Both legal systems, however, intend to protect the rights individuals, balanced with the that of the society.  Both work on creating public policy that orders and maintains societal norms and try’s to impose “responsibility” and not just “protect freedoms”. But a significant difference at this point is that the Sharia seems to focus more on “responsibility”, it seeks to prioritize aspect in society.  The rights of being a citizen, a businessman, a woman are corresponding- or limited- by the duties or responsibilities you are held to.  Whereas, here in America, we emphasize “freedoms”- but then we severely limit those freedoms on a case by case basis that establishes a precedence.  In light of the rights and responsibility framework, the sharia is explicit about capital punishment.

Beginning with the Quran, there is clearly a sanction for capital punishment, “…take no life, which God has made sacred, except by way of justice and law.  Thus you are commanded, so you may learn wisdom…” instructs Chapter 6, verse 151.  But Islam’s approach to capital punishment, or the criminal legal system, is significantly different then the criminal legal doctrine that permeates common law legal systems (the US, ours, etc).  For instance the criminal system here is that the doctrines of evidence, sentencing and substantive doctrines are all independent of one another.  In Islamic criminal law all these doctrines are intricately intertwined with one another and they are applied based on the type of punishment that is sought.  (I am not entirely clear on procedural process, for example does the state, like the DA here, bring charges for criminal offenses, because in reading the punishments the victims demand capital punishment.)

When approaching from a punishment application driving the doctrinal application, in Sharia, the capital punishment is divided into two branches Intentional Murder and “Fasadh fil-ardh” (spreading mischief in the land: rape, terrorism, espionage etc).  I am going to focus on the intentional murder, but the punishment structure applies for both branches, and consists of three types of punishment with varying degrees of standards to meet sentencing under those punishments: Hudud (the media worthy or buzz sentencing), which is basically crimes against God and these punishments are fixed in the Quran and Sunnah and cannot be changed;  Qisas (or retaliatory punishment) which involves more of the intentional murder cases; and finally Tazirat or discretionary punishments, which is most analogous to common law application of sentencing.  A murder can fall under all three or one of these punishment schemes, however to pursue a Hudud or Qisas sentencing the bar for consideration is set significantly higher.

An intentional murder is defined as a “killer intends to kill and uses some means to kill or lead to the killing” of the victim.  Like common law, Shari’a works on the notion of intent and sees homicide in varying degrees (1st degree, etc).  A murder can be “intentional” or it can be non-intentional murder, or it can be accidental murder.  Whats interesting with the Shari’a is that it combines our criminal and torts (a civil wrong for which the law provides a remedy) into one system, but it gives the dead victims heirs the opportunity to pursue state sanctioned punishment (get to this a bit later on).  But for an intentional murder, the most used route is Qisas or retaliatory punishment, which in a murder conviction case would be execution.  Next component is “some means to kill” which is interpreted in a way to evaluate whether a “deadly weapon was used” or “the action was a non-deadly action that resulted in death”, this evaluation can lead to various degrees of punishment structure under which the murder will fall.

The policy behind this is clear, society can not stand by idly when a life is taken, both legal structures approach it from that policy perspective.  But whats interesting is the Quran states an emphasis on preserving life, so the doctrinal application of Qisas creates many mechanisms to emphasize the preservation of life.  The concept of Qisas stems from “life for a life” which is a familiar Biblical standard shared by the Sharia.  There are two options in Qisas, the first “life for a life” or “retaliation for something less then life.”  Qisas is the most severe form of retribution a society can act out on another individual.  Murder is seen in such a severe light because it tears at the fabric of society, thus it serves two purposes, establishment of justice and the prevention of arbitrary execution.  Qisas gives to the victims heirs the opportunity to seek out divine punishment on earth.

In Sharia, the victims family stipulates the punishment they seek and the sentencing they see that is due.  Under Qisas the sentencing offers three paths: 1. to execute the criminal, 2. to seek out monetary compensation or 3. to forgive the criminal.  Once the Qisas standard is found, there can be no appealing to state authority, the appeal lies solely in the hands of the family of the victim.  The family, or relative, is defined as “consanguineous relatives of the murdered person.”

Unlike the criminal process for murder in our system, Islam constructs a greater restriction on evidence that is brought into intentional murder trials by creating exhaustive definitions of categories of evidence in order to uphold the punishment.  Murder conviction under Qisas requires 2 witness that are pious males (don’t ask me about male/female inequality in this) who have witnessed the incident, they can provide explicit detail (where the fatl blow was done, when, how, with what, under what circumstances, etc) and the witnesses testimony must not contradict each others.  If any of these elements are not met, then Qisas sentencing can not be sustained but a lower degree of punishment under Tazirat can be pursued.

So breaking down the elements- 2 pious males- piety complicates the requirements because the court has to go out and investigate the various standards that create “piety” of the witnesses.  Explicit detail requires significant amount of detail and the ability to relate that detail in a way that meets the courts requirements under Qisas.  Worse to the threshold for Qisas sentencing is that 2 males must have witnessed and met the above standards in order for the court to consider Qisas sentencing.  A confession by the murderer negates these requirements and it alone will stand as meeting the threshold for Qisas sentencing. These elements place a heavy burden on carrying out Qisas, the idea of exception in the Quran under “the law and justice” is not so easily applicable, and suggests the emphasis on “the sacredness of life.”

To further bolster this opinion, the confession standard itself is significantly different then common law, because it expands the threshold by shifting the burden further away from the alleged murderer.  First a confession under police interrogation must be given voluntarily, much like our system, for it to be held up in court.  However, the confessor can withdraw the confession at any point up until the execution is carried out and depending not he standards that were met Qisas sentencing cannot be carried out.  Second, this withdrawal applies for all forms of punishment, even Hudud (or crimes against God).  Judges were expected to push for this right during the proceedings, findings and up until the carrying out of Qisas.

Further, the sacredness of life in Islam is suggested by the fact that when the relatives have disagreement on Qisas, like one member wants to forgive, three want to seek compensation but the mother and father want to seek the execution, the courts when finding Qisas will take the more lenient position and apply it, which would be forgiving the murderer by sparing his life, but the Judge might pursue a discretionary punishment if the judge views the murder so heinous as to set an example of acceptable and unacceptable behavior (i.e. life imprisonment).

The biggest consideration though, under Qisas, is the concept of “Shubha”, or semblance of doubt will result in voiding Qisas and Hudud punishment that applies the death penalty.  Dr. Hamdy Murad explains “doubt” as “suspicion” saying suspicion “means the presence of deficiency in absolute certainty. If suspicion arises, the punishment set for a certain offence must be prevented and milder penalties should be sought. This is usually left to the discretion of the just judiciary.”  This arises from the statement of Prophet Mohammed “Avert punishments if suspicions arise”.   The Sharia is based on fairness, and under suspicion arising, there is no justice or fairness that brings about the application of a death penalty.  This goes back to the pursuit of a discretionary punishment structure of punishment, all in order to avoid injustice.

I honestly think under a legal system that works to preserve life, Troy Davis, would not be executed.  Our legal system does value life: under defense of property, your property rights do not outweigh the preservation of life of the person trespassing or stealing something from you.  The battle over abortion places the “preservation of life” at the center in opposition to the right of the woman to choose what to do with her body.  I think in the end of Troy Davis saga, which might be the impetus to energize the abolition movement in the US, our legal system failed.  The 27 word decision by the Supreme Court of the United States has the underlying idea that the federal court did not want to encroach on state sovereignty by preventing Georgia from executing him, given that Georgia had gone through the legal process and still found sufficient evidence to carry out the death warrant for Troy Davis.  The irony on Wednesday in execution story was Texas execution of Lawrence Brewer. Brewer was a white supremacist who dragged to death James Byrd, a black man.  Members of Byrds family, including his son, (but not everyone) sought mercy for Brewer, yet he was executed.

(Dr. Hamdy Murad goes on to argue in The Death Penalty in the Arab World seminar held in Amman, Jordan in 2007, that applying the death penalty today, under Islam and secular laws, does not meet the standards of Divine Justice because Muslim societies lack the religious legal maturity that has the authority to impose Hudud and Qisas sentencing.)

Today was the first day of Ramadan.  I am always surprised by how quick Ramadan comes, and goes.  But this particular year- most probably the next four or five years- Ramadan will be difficult.  Todays fast was approximately 14 hours.  Fasting for Muslims requires forgoing food and water through out the day from sunrise to sunset.  While fasting today I realized how difficult it was for me to function at one point, where the hunger and thirst made me lethargic and incompetent, all the while the need for me to accomplish my tasks was ever-present.  All I wanted was some water to quench the thirst, some sweet morsel combination of sugar and carbohydrates to get my body and mind functioning again.  Without either my default was to lie down on the ground and just cease thinking and slowly breath until the hours passed away.

Yet my fasting was nothing.  It was an insignificant test.  There are millions around the world who are fasting without a choice.  They go days without food, get by with small amounts of water, which in most likelihood is unclean and unsafe to drink.  There are people who have to steal food, who have to dig through rubbish to find rotten food, or to pick at scraps off the ground in order to eat.

While I choose to fast, I sit in the luxury of air-conditioned rooms, in the privilege of driving from location to location, with the ability to earn an income to pay for my food and most likely to through large portions of it away without a second thought.  I can sip on water that is safe to drink, that is as cold as the water found in the Arctic regions.  So it was with a guilty heart that I admitted to everyone that this first day of fasting was difficult.  It was gruelling and inconvenient.  Fasting today was a burden.

But I am willing to take on this burden, because its truly a blessing that God has not tested me with hunger and thirst that is without choice.  God has given me the ability and the privilege to not lack in those things.  But with this blessing comes a great responsiblity and often times we all get caught up with all the freedoms we have, the privilege we forget we have access to, neglecting that all of this comes with a question that will be asked of us on the day of Judgement by God: what is it that you did with your youth?  Your wealth?  Your status?  Your life?

I reflect back on this first day of Ramadan and fasting  to remind myself of the Hadith of the Prophet SAW, as found in Bukhari, “None of you [truly] believes until he loves for his brother that which he loves for himself.”

Currently a famine is ravaging East Africa Somalia, Kenya, Ethiopia, Djibouti and Eritrea.  Experts believe that it will be much worse than the Sahel Drought that affected East Africa during the late 1970′s and early 1980′s.  A man said in a news article on the first day of Ramadan, “today is the first day of Ramadan, but we have been fasting for the past seven days trying to walk toward food and shelter.”

The ability to eat a date, to drink water, to have shade is an immense blessing.  We here have an obligation to help others, especially when they are our brothers and sisters in Islam.  I urge you all to donate to Islamic Relief, which is working hard to provide food and water to those making it across the Somalia border into Kenya and its surrounding countries.