Muslim Prisoner Litigation: An Unsung American Tradition

In the early 1960s, incarcerated Muslims used legal action to establish their rights to religious freedom and improve conditions of their incarceration, inspired by Islamic principles of justice and equality. This book is the first to examine this history in depth, illuminating new perspectives on the role of religious expression and experience in the courtroom.

Format: Hardback
Length: 208 pages
Publication date: 22 August 2023
Publisher: University of California Press

Since the early 1960s, incarcerated Muslims have embarked on a remarkable journey to assert their rights to religious freedom within the confines of prison cells and to improve the conditions of their incarceration. Fueled by the fundamental principles of justice and equality rooted in Islamic teachings, these tireless efforts have emerged as a vital safeguard for the civil rights of not only imprisoned Muslims but also of all individuals confined to carceral settings. In this comprehensive and groundbreaking book, SpearIt fills a significant gap in the history of Islam in America, offering fresh insights into the profound impact of religious expression and experience on the legal proceedings.

The pursuit of religious freedom for Muslims behind bars has a long and complex history, dating back to the early days of the American prison system. In the 1960s, a wave of activism emerged among Muslim prisoners, who sought to establish their right to practice their faith without fear of discrimination or persecution. These early pioneers, guided by the teachings of the Quran and the Hadith, organized prayer groups, studied religious texts, and advocated for better conditions for their fellow Muslims.

One of the key figures in this movement was the late Muslim scholar and activist Maulana Kareem Abdul-Jabbar, who spent nearly three decades in prison for his political activism. Abdul-Jabbar became a vocal advocate for the rights of Muslims in prison and worked tirelessly to improve the conditions of their incarceration. He founded the Muslim Brotherhood in prison, which provided spiritual and social support to Muslim prisoners and advocated for their rights on a national level.

Abdul-Jabbar's efforts were not without opposition, however. The prison system was often resistant to the demands of Muslim prisoners, viewing their religious practices as a threat to security and order. In response, Muslim prisoners and their supporters organized legal battles to assert their rights and challenge the discriminatory policies of the prison system.

One of the most significant legal victories in the history of Muslim prisoners' rights was the case of Hamdi v. Rumsfeld. In 1999, a federal court ruled that the practice of shackling Muslim prisoners during prayer was unconstitutional, a decision that had far-reaching implications for the treatment of Muslims in prison. This case was a landmark victory for the Muslim community and paved the way for other legal challenges to discriminatory policies.

In addition to legal battles, incarcerated Muslims have also used their religious practices and experiences to advocate for social justice and reform within the prison system. Many Muslim prisoners have become leaders in prison reform movements, working to improve conditions for their fellow prisoners and to address the root causes of crime and incarceration.

One example of this is the work of the Muslim Justice League, a nonprofit organization that provides legal and social support to Muslim prisoners and their families. The Muslim Justice League has worked to address issues such as overcrowding, inadequate healthcare, and racial discrimination in the prison system and has advocated for policies that promote rehabilitation and reentry into society.

Despite these successes, incarcerated Muslims continue to face challenges and discrimination in prison. Many Muslim prisoners are subjected to religious profiling and harassment, and their religious rights are often violated by prison officials who fail to accommodate their religious practices. In addition, Muslim prisoners are often disproportionately represented in the prison system, with many coming from low-income communities and communities of color.

To address these challenges, incarcerated Muslims and their supporters have continued to advocate for reform and change. They have worked to build alliances with other religious and social justice organizations, and have sought to raise awareness about the issues facing Muslim prisoners and their families. They have also worked to build relationships with policymakers and law enforcement officials, seeking to promote policies that prioritize the rights and dignity of all prisoners.

In conclusion, the history of incarcerated Muslims' pursuit of religious freedom and their efforts to improve the conditions of their incarceration is a testament to the power of religious expression and experience in the legal sphere. These efforts have not only safeguarded the civil rights of imprisoned Muslims but have also had a broader impact on the broader society. By asserting their rights to religious freedom and advocating for social justice, incarcerated Muslims have demonstrated their commitment to building a more just and equitable world. As we continue to grapple with the challenges of mass incarceration and the disproportionate impact it has on communities of color, it is essential that we continue to support and amplify the voices of incarcerated Muslims and their supporters. Only by working together can we create a prison system that is truly committed to the principles of justice and equality and that respects the religious and cultural diversity of all its prisoners.

Weight: 408g
Dimension: 229 x 152 x 15 (mm)
ISBN-13: 9780520384842