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Muslims in
US Prisons
Muslims in
US Prisons
People, Policy, Practice
edited by
Nawal H. Ammar
b o u l d e r
l o n d o n
Published in the United States of America in 2015 by
Lynne Rienner Publishers, Inc.
1800 30th Street, Boulder, Colorado 80301
www.rienner.com
5 4 3 2 1
Contents
Acknowledgments vii
Part 1 Context
2 Muslim History and Demographics, in and out of Prison
Hamid Kusha 9
3 Islamic Perspectives on Crime, Punishment, and Prison
Nawal H. Ammar 29
4 Challenges in Research Muzammil Quraishi 47
v
vi Contents
Part 4 Conclusion
13 Building Better Understandings of Religion, Corrections,
and Society Nawal H. Ammar 203
References 217
The Contributors 241
Index 243
About the Book 255
Acknowledgments
numerous people. I am grateful to all the chapter authors for their patience
This book could not have been completed without the help of
and rewrites. Without them this book never would have materialized. I ap-
preciate the efforts of the many people who supported me in reviewing
the manuscript. In particular I am grateful to Mehek Aref and Michael
Perkins, both students at the University of Ontario Institute of Technol-
ogy at the time of writing the book, for their assistance. The anonymous
reviewers of the manuscript provided constructive advice, and I appreci-
ate their time and effort. Without the encouragement, advice, and patience
of Andrew Berzanskis, editor, and Steve Barr, director of production, at
Lynne Rienner Publishers this book would not have seen the light of day.
I am also lucky to have worked with Linn Clark, whose thorough editing
improved the manuscript.
I am appreciative of the support of my husband, Robert Weaver, and
daughter, Soraya Weaver, who helped with and contributed to the book. Last
but not least I am thankful to my late parents, Hamed Ammar and Leila
Lababidy, for all the years of support, encouragement, and love. Unfortu-
nately neither will see the book. It is dedicated to their memory.
vii
1
Exploring Islam
in US Prisons
Mark S. Hamm and Nawal H. Ammar
1
2 Mark S. Hamm and Nawal H. Ammar
plot (US Senate, 2010). Academic researchers lent their voices to the
doomsday chorus. One prominent study declared that because Islam
feeds on resentment and anger all too prevalent in US prisons, it poses
a threat “of unknown magnitude to the national security of the US”
because “every radicalized prisoner becomes a potential terrorist
threat” (Cilluffo and Saathoff, 2006). The message was clear: US pris-
ons had become incubators for radical Islam and terrorist ideology.
None of these threats materialized, however. US prisons did not
become fertile ground for Islamic extremism, nor did they become in-
cubators for terrorism. The Senate’s 36 US converts who joined AQAP
turned out to be an exaggeration; experts were unable to identify any
former prisoners who moved to Yemen. Prison converts to Islam were
not turned into cannon fodder for jihad, and the threat posed by Wah-
habi clerics was dismissed by an FBI study showing that most cases of
prisoner radicalization in the United States were instigated by domes-
tic extremists with few or no foreign connections (Van Duyn, 2006).
The recent literature on Muslims in US prisons as it stands today
is full of gaps. Research in the last decade overlooks the historical de-
velopments of prisoners’ rights, black nationalism, the civil rights
movement, the Nation of Islam, and the growth of Wahhabism. It also
discounts the changing role of the federal courts and the Supreme
Court over the years (Herman, 1998; Smith, 2007; Smith 2011). Most
existing scholarship silences the role Muslim prisoners have played in
shaping the legal system’s treatment of prisoners generally, and the
role of religion in prison in particular. The research disregards the di-
versity and complexity of this group of prisoners, lacking empirical
study of either a qualitative or quantitative nature. Moreover, no
analysis is available on the extralegal issues that this complex group
of prisoners face outside prison—including identity crisis, social and
familial dislocation, poverty, racism, and discrimination.
This academic discussion of Muslims in US prisons within an
ahistoric context seems to address this group of prisoners as though
they were not present or had a negligible presence prior to the tragic
9/11 attacks on US soil, or that they were not subject to the pains of
imprisonment. This perspective contributes both to confusing the is-
sues and the development of less than rigorous academic work. While
the radicalization of Muslims in US prisons is a significant problem,
understanding it requires a deeper look at the issues. In a 50-state sur-
vey of prison chaplains in the US conducted by the Pew Forum on Re-
ligion and Public Life (2012), less than 41% of the chaplains inter-
viewed said that religious extremism is “very or somewhat common”
Exploring Islam in US Prisons 3
in the prison where they work. The prison’s security level tended to
impact the chaplain’s view of the prevalence of religious extremism.
As such, while we must remain diligent in protecting the United States
from violence and terrorism, using sound social scientific methods
and frameworks to examine the issue of Muslims in US prisons is nec-
essary in order to arrive at a better understanding of this group of pris-
oners and of the role of prisons within US society. We must include
the history of Muslims in the United States inside and outside of pris-
ons, detail the context of Muslim incarceration, explore the traits that
they have in common with other prisoners and the ones particular to
them, examine their experiences in the post-9/11 environment, and
consider only evidence and empirical data about this group of inmates
to make systematic, analytic assertions as well as policy recommenda-
tions. This approach expands our understanding of this group of in-
mates and the role of prison radicalization in the United States.
Islam in US prisons is not a one-dimensional phenomenon.
Rather, in prison the Muslim faith is best conceptualized as a double-
edged sword, capable of producing positive and negative results. As
the contributors to this volume demonstrate, Islam can have a moder-
ating effect on prisoners, playing an important role in prison security
and rehabilitation. Once on the path to restricting their lives—down to
the way they eat, dress, form support networks, and divide their day
into periods for study, prayer, and reflection—Muslim prisoners have
begun the reformation process, making them less of a recruiting target
for terrorists than other prisoners, and certainly less of a target than
alienated street-corner youth of the urban ghetto. Programs aimed at
reversing self-destructive behavior—including basic education, “man-
hood” training concentrating on respect for women, information on re-
sponsible sexual behavior and drug use prevention, and life skills
management—all were initiated by Black Muslims during the US pris-
oner rights movement of the late 1960s and early 1970s (Aidi, 2002).
Black Muslims set up collect-calling services for inmates to telephone
families, established halfway houses and employment services to help
reintegrate ex-cons back into their communities, and through their ac-
tivism created circumstances necessary for civil rights legislation
challenging inadequate conditions of confinement (Gottschalk, 2006).
Many forget that Muslim inmates played a decisive role in negotiating
an end to the historic Attica prison rebellion of 1971 (Wicker, 1975).
While Islam is mainly a positive influence inside prison, research
presented in this book also shows that certain forces within the Mus-
lim prison community are aligned with the efforts of al-Qaeda and its
4 Mark S. Hamm and Nawal H. Ammar
Context
2
Muslim History and
Demographics,
in and out of Prison
Hamid Kusha
tions and inmate conversion to Islam. I divide the chapter into three
main sections. Section one gives a brief account of the rise of the US
Muslim community, discussing waves of immigration to the United
States and the formation of Muslim mosques. I also explore whether
US and Muslim ideals can coexist and complement each other. In sec-
tion two I provide a brief history of the Nation of Islam (NOI) and
prominent figures within this organization. Finally I discuss Islam
among US prisoners and their motivations for conversion in prison.
Because the NOI has played an important historical role in prison-
bound conversion, I give some attention to its controversial view of
Islam, leadership, and efforts at conversion.
9
10 Hamid Kusha
Jordan, and Palestine. These immigrants were also from various ethnic
groups, including Arabs, Kurds, Turks, and Albanians.
The second wave of Muslim immigration took place in the after-
math of the disintegration of the Ottoman Empire that followed the
conclusion of World War I (1914–1919). Devastated by the war, signif-
icant numbers of Muslims from different parts of the Middle East for-
merly under the Ottoman Empire immigrated to the United States.
Consequently, the US Congress passed the Immigration Act of 1924,
also known as the Johnson-Reed Act. This act limited the annual num-
ber of immigrants permitted to enter the United States based on exist-
ing US populations; this legislation established a quota of 2% of the
existing population (Kusha, 2009). This statute put a decisive stop to
this second wave of immigration. Most African, Asian, and Middle
Eastern countries were given an annual quota of 100 immigrants; white
Europeans received the lion’s share of immigration rights. The prefer-
ential treatment gave the lowest quota to Spain (131) and the highest to
Germany (51,227); Great Britain and Northern Ireland had a combined
quota of 34,007 (Comprehensive Immigration Law, 1924).
Smith and Haddad (2002) observed that following World War II, a
new wave of Muslim immigration took place that continued intermit-
tently until the 1960s. Accordingly, this cycle of immigration was par-
tially the result of the US Immigration and Nationality Act of 1952,
which dismantled the quota regime of the 1924 legislation. Addition-
ally, the US civil rights movement ushered a new and more liberal per-
spective into US race and ethnic relations. This third wave of immigra-
tion went beyond the mostly Arab Muslims of the Middle East and
included immigrants from other Muslim countries in Asia and Africa
(Smith and Haddad, 2002).
The fourth wave started in the mid-1960s, due to a wholesale
change in US immigration law as well as to the post–World War II im-
plementation of global modernization and development schemes. In the
Middle East, Africa, and Asia, these schemes created a relatively well-
educated, upwardly mobile, and more contemporary intelligentsia in
the Islamic world. A segment of this new social class sought better
lives and economic opportunity in the United States. For the first time
in the United States, an immigrant’s history, education, and technical
expertise, as opposed to national origin, became the deciding factor for
admittance into the country. In contrast, as Europe stabilized economi-
cally, politically, and socially, due to the post–World War II reconstruc-
tion under the Marshall Plan, the number of European immigrants to
the United States declined noticeably (Smith and Haddad, 2002).
Muslim History and Demographics 11
From the 1980s to the present, two main events have led to the
fifth wave of Muslim immigration into the United States. One was the
Iranian Revolution in 1979, which toppled the pro-Western Pahlavi
monarchy (r. 1925–1979). The second was the demise of the Soviet
Union in the early 1990s. The power vacuum resulting from the Iran-
ian Revolution led to eight years of war with Iraq (1980–1988), the
rise of Islamic fundamentalism, and state-sponsored terrorism. All of
these factors forced an unprecedented exodus of large segments of
Iran’s upper and middle classes to Europe and North America. In ad-
dition, the Iranian Revolution had a precipitous destabilizing impact
on the Middle East, including the radicalization of the Palestine-Israel
conflict, which inadvertently led to other regional wars. The Iranian
Revolution ultimately resulted in an unprecedented population dislo-
cation.
The resulting social and political instability in Caucasia (e.g., be-
tween the ex-Soviet republics of Armenia and Azerbaijan) and Central
Asia, however, is having a discernible centripetal impact on the whole
region. For example, a new and deadly form of Islamic fundamental-
ism has emerged in Afghanistan under the ex-Taliban regime. This
regime, now a full-fledged terror network of al-Qaeda, is drastically
impacting the emigration of Muslims from many Islamic countries to
the United States.
mad!!” (Muhammad, 2011). The claim that Allah, the universal God in
the vernacular of the Quran, has appeared in the person of Master Fard
Muhammad is against the very core of traditional Islam’s understand-
ing of Allah.
The Quran (112–1:3) declares that Allah is the one who is and al-
ways has been. Allah declares in the Quran unequivocally that he nei-
ther begets nor was begotten, and that none compares to him. In addi-
tion, the Quran rejects any allusion to Allah’s need for reincarnation in
any human form. The idea that Allah has reincarnated in the persona of
the Master Fard who has chosen Elijah Muhammad as his “Last Mes-
senger” is antithetical to the Quran and the core dogma of Islam. The
Quran states that Muhammad Ibn Abdullah (570–632 C.E.) personifies
Allah’s last messenger, the Khatam al-Anbiya. Overall, though, the
NOI plays an important historical role in converting African American
inmates to its version of Islam. I discuss the issue of Islamic prosely-
tizing in US state and federal penitentiaries in some detail later in this
chapter.
Arabs, but not all Arabs were Muslims (Ammar, 1994). The Arab
American Institute estimates the number of Arabs living in the United
States at around 3.5 million. Of this number, 75% adhere to Christian-
ity, and 25% to Islam. Using this 25% as a base to determine the total
US Muslim population, one reaches at a total number that would not
exceed 3.4 million (Kosmin and Mayer, 2001).
Other sources and studies give different estimates of the total num-
ber of Muslims living in the United States. The Islam for Today web-
site puts the number at 4 million (Webb, 1995). Another Islamic site
puts the number at 5.7 million (New Internationalist Magazine, 2002).
The Council on American-Islamic Relations (CAIR) puts the number at
7 million (Council on American-Islamic Relations, 2011). Studies of
US mosques provide yet more information.
-Hispanic/Latino: 0.6%
(US Department of State, n.d.)
Demographic Characteristics of
American Muslim Communities
The Pew Research Center, in its 2007 survey titled “Muslim Ameri-
cans: Middle Class and Mostly Mainstream,” maintained that “Mus-
Muslim History and Demographics 15
Our thesis is that the relationship is indeed synergistic: that within the
central dogma of Islam, the intellectual development of Islamic thinking
and jurisprudence, as well as Islamic history, there are many tenets consis-
tent with, and supportive of, the sentiment of patriotism to the United
States. (Muslim Public Affairs Council, n.d.)
Starting with this thesis, the article expounds on five major factors
that are intrinsic to both US and Islamic teachings in relation to the es-
sential ingredients of an ideal life, factors that make Islam quite com-
patible with the mainstream US notion of love for one’s country: sanc-
tity of life, liberty as an essential value, justice as equality before law,
justice as due process, and the pursuit of happiness (Muslim Public Af-
fairs Council, n.d.). The article defends these factors by citing different
verses from the Quran and from the words and deeds attributed to the
Prophet Muhammad.
This claim to divinity comes despite the fact that, in the early ac-
counts of the rise of the NOI, Fard is portrayed as a silk peddler born
Muslim History and Demographics 17
in the holy city of Mecca in the 1870s who migrated to the United
States and founded a “voodoo” religious cult among migrant black
workers (Benyon, 1937). The details of Fard’s life, which are almost
nonexistent, are beyond the scope of this chapter. Based on some
scholarly accounts, though, one Elijah Poole, the would-be next leader
of the NOI, enthusiastically embraced Fard’s claim to divinity. Poole
eventually became known as the Honorable Elijah Muhammad.
In the autumn of 1931, Elijah Poole attended his first lecture given
by Master Fard Muhammad. Overwhelmed by the message, Poole im-
mediately accepted it (FinalCall.com News, 2000). Upon the recom-
mendation of Master Fard, Poole changed his name to “Karriem” and
assumed the position of a minister in the Temple of Islam, precursor to
the NOI. Later, Master Fard elevated Karriem to the position of
“supreme minister,” advising him once again to change his name from
Karriem to Muhammad. The newly named Honorable Elijah Muham-
mad is on record that he never considered his Christian name as his
own. He explains, “The name Poole was never my name nor was it my
father’s name,” because “it was the name the white slave master of my
grandfather after the so-called freedom of my fathers” (FinalCall.com
News, 2000).
Robert Dannin (2002) has done much research on the history of the
NOI as well as on Muslim converts in US prisons. He maintains that
Master Fard was reported as having had already claimed that he was
the true reincarnation of one Noble Drew Ali, another mysterious fig-
ure who, based on some accounts, preceded Master Fard in claiming to
be Allah reincarnate. Dannin (2002) cautions his readers that in analyz-
ing the veracity of these bombastic reincarnation claims and their im-
pacts on the NOI, we not only have to go back to its precursor, the
Moorish American Science Temple, but also to the 19th-century Black
Freemasonry movement. These religious-fraternal organizations repre-
sented black aspirations within the late 19th century (Dannin, 2002).
However, one should not assume that the Moorish Temple’s view of
Islam had much ideological affinity with mainstream Islam, whose
genesis had emerged in the seventh-century Hejaz region, the old name
of what is known today as Saudi Arabia.
With the exit of Master Fard, Elijah Muhammad assumed the lead-
ership mantle of the NOI. Muhammad apparently was a man of humble
origins but undoubtedly was endowed with remarkable leadership.
Under Muhammad’s guidance, unlike other faith-based organizations
that preceded it by at least a century, the NOI’s proselytizing efforts
had a provocative antiestablishment tone to accompany its denomina-
18 Hamid Kusha
tional articulation, which partially accounts for why the Federal Bureau
of Investigation (FBI) under J. Edgar Hoover closely monitored the
NOI and especially its leader from the 1930s to the 1970s.
• Belief in Allah
• Belief in the prophets
• Belief in the scriptures that the prophets bring
• The Bible
• The Holy Quran
• Prayer
• Charity
(Muslim Public Affairs Council, n.d.)
The NOI has stated that the FBI’s renditions and accounts of the
movement’s leadership cannot be trusted because they were con-
cocted to give a bad impression of the NOI. There is no doubt that the
FBI, from the inception of the NOI in 1930 to the present, has held a
Muslim History and Demographics 19
negative view of the NOI. In the Red Scare atmosphere of the 1930s,
the NOI was considered a dangerous and seditious cult bent on creat-
ing anti-US sentiments among the larger black community. Conse-
quently, the NOI had a prominent place on the FBI’s list of those who
engaged in “anti-American” activities. Therefore, FBI agents likely
neither cared about nor could really understand the NOI’s Islamic
principles.
tian, or Jew) have thrown against one another in the name of “purity”
of the faith.
The Quran reminds Muslims time and again that Jews and Chris-
tians are people of the book (Ahl al-Kitaab) to whom Allah has sent his
most beloved prophets, Moses and Jesus-the-Christ, for guidance, re-
demption, and salvation. In fact, the Quran is adamant that a “true”
Jew or Christian is as much a “true” Muslim as a “true” Muslim is a
“true” Jew or Christian; all men and women of true faith “submit” to
one God, whom the Quran portrays as Allah. This submission, how-
ever, is not coerced, as some Muslim fundamentalists advocate, but is
of an ecumenical nature that transcends time and culture.
In short, a true Muslim is neither racist nor a religious bigot bent
on waging jihad against the rest of the civilized world; a true Muslim
can find God in the Muslim mosque, the Jewish synagogue, or the
Christian church. This is the meaning of religion in the line of Abra-
ham, a concept that has millennia of tradition behind it.
Malcolm X
One of the most famous members of the NOI is Malcolm X, who con-
verted in prison in the 1950s and who played an important role in the
early stages of the movement to convert other black inmates to Islam
(Van Deburg, 1992). Prior to his own conversion to Islam, which took
place in 1947 when he chose the name “Malcolm X,” he was known by
his Christian name of Malcolm Little and had been born into a devout
Baptist home in Omaha, Nebraska.
In 1946, Malcolm was arrested and charged with burglary. Upon
conviction, Malcolm was sentenced to 10 years in a Charlestown, Mas-
sachusetts, state prison. During his incarceration, Malcolm became ac-
quainted with the NOI and the teachings of its charismatic leader, Eli-
jah Muhammad. Malcolm’s conversion to Islam had lasting moral and
psychological impacts on him, as his writings, sermons, and interviews
demonstrate. Malcolm converted to Sunni Islam in 1964 and created
his own organization named Muslim Mosque Inc. Different reasons are
offered for Malcolm’s break from the NOI. Some argue that it was over
strategy; some claim that personality clashes were the cause—between
Malcolm and Elijah Muhammad, or with other young disciples of Eli-
jah, for example, the Reverend Louis Farrakhan (Van Deburg, 1992).
However, a look at Malcolm’s “A Declaration of Independence” of
March 12, 1964, shows that the fallout was due to deeply rooted differ-
Muslim History and Demographics 21
ences between Malcolm and Elijah Muhammad over the NOI’s long-
term plans. Malcolm believed in the moral and spiritual power of Islam
to inculcate the requisite elements for the rejuvenation of the black
sense of self-worth and identity, both of which he proposed African
Americans had lost to the North American institution of slavery.
On February 21, 1965, Malcolm was assassinated while giving a
speech at the Audubon Ballroom in New York City. The ideas,
speeches, and charismatic personality of Malcolm X have played sig-
nificant roles in the rise of black consciousness. Having personally ex-
perienced the horrors of prison life and its devastating mental and
moral impacts on inmates, Malcolm must have realized the rehabilita-
tive role of Islam for the black community at large and prison inmates
in particular (Haley, 1964). However, his assassination deprived the
black community of one of its most charismatic young leaders at a crit-
ical time in the civil rights era.
Louis Farrakhan
The Reverend Louis Farrakhan has played an equally important if not
controversial role in Islamic proselytizing efforts during his leadership
of the NOI. Born Louis Eugene Walcott on May 11, 1933, in Roxbury,
Massachusetts, he gradually rose in the leadership cadre that Elijah
Muhammad had built. He collaborated with Malcolm X for some time
but later was appointed as minister of the Muhammad Temple when
Malcolm left the NOI over unsettled ideological and organizational is-
sues with Elijah Muhammad. Once Malcolm X fell out of favor with
the top leader, the time for Rev. Farrakhan to step in had come. Far-
rakhan and his supporters decided to rebuild the original NOI upon the
foundation established by W. Fard Muhammad and Elijah Muhammad.
In 2000, Imam Warith Deen Mohammed (W.D.) and Minister Louis
Farrakhan publicly embraced and declared unity and reconciliation at
the annual Saviors’ Day convention. Farrakhan has been a controver-
sial figure, with critics commenting on his anti-Semitic, racist, and ho-
mophobic views (Gardell, 1996). Regardless of this assessment of Far-
rakhan, the NOI’s contribution to conversion to this form of Islam is
beyond any doubt crucial to a discussion of Muslims in US prisons.
Islam in US Prisons
Table 2.1. African American Inmates Professing Islam in New York Prisons
cited in Kusha, 2009). That a similar trend is observable for the first
decade of the 21st century is highly probable.
Changing one’s religion is a personal and complex decision that
can results from many factors. In the following section I outline the
motivations for conversion, trying to answer the questions of who con-
verts and why.
Some of you thought that the NOI was just concerned with Black people.
Yes, we are concerned with Black people, but you cannot be concerned with
Black people and not be concerned with all people. In truth, no race, no peo-
ple are going to survive this planet alone; no ideology of supremacy is going
to work. (Muhammad, 2000)
Rev. Farrakhan as the new sine qua non black leader, comparable to Dr.
Martin Luther King Jr., who is capable of resolving this problem by
calling the black community, especially black males, into action. In the
Million Man March, pledges were made that from that day onward, the
followers of the NOI would not engage in self-destructive behavior,
but “will pledge to love my brother as I love myself. . . . strive to im-
prove myself spiritually, morally, mentally, socially, politically and
economically for the benefit of myself, my family and my people”
(Million Man March Pledge, n.d.). In addition, pledges against drug-in-
duced violence toward women and children were made, as well as
against crime. The organizers also made a pledge to continue working
to improve black communities and especially the status of the black
male. On the 10th anniversary of the Million Man March in October
2005, ten similar pledges were made concerning the issues of unity,
spirituality, education, economic development, political power, repara-
tion, the prison industrial complex, health, artistic/cultural develop-
ment, and peace.
Conclusion
29
30 Nawal H. Ammar
all African American Muslims are in prison or jail across the country.
About 80% of those seeking faith while in prison come to Islam. The
number of Muslims in US prisons renders an understanding of the Is-
lamic conceptualization of prisons and prisoners a constructive en-
deavor, not only for program implementation in US prisons and jails,
but also for beginning to understand such a group from a social scien-
tific perspective beyond media and religious leadership interpretations
(Center against Recidivism, 2009, p. 1).
In this chapter—based on a review of original and secondary
sources of Islam as well as interviews with two religious clerics—I ex-
amine Islam’s position on crime, punishment, and prisons.1 I ask a va-
riety of questions to define and understand the structure and function
of prisons within Islamic penology. These questions include issues re-
garding the meaning of prisons in Islam, the role prison plays in the Is-
lamic concept of punishment, classifications of prison types, the nature
of prison sentences, the Islamic ethic of treating prisoners, Islamic law
and prisoners’ behavior, and alternatives to prisons. The importance of
understanding the Islamic perspective on prisons is at the core of un-
derstanding Muslims in prison. In comprehending how Islam perceives
prison, crime, and punishment, prison administrators are able to more
precisely and effectively interact with and react to the ever growing
Muslim inmate population. Scholars concerned with prison conditions,
prisoners’ rights, the effectiveness of prison as punishment, and the
abolition of prisons as punishment can also benefit from a clearer un-
derstanding of Islam’s legalistic and theological understanding of
prison, crime, and punishment.
Before addressing the main themes of this chapter, however, I
briefly describe and outline Islamic law and its sources in order to
frame the discussion that follows.
out the last 15 centuries, along with the diverse cultures within which
the religion is practiced. Such interpretations have been diametrically
opposed, and the variances have often caused serious dissension. To
this diversity of interpretation, one can add the growth of Islam in the
United States and Canada. Islam is a universal and growing religion in
North America. Today, it is estimated that Muslims constitute the
largest “minority religion” in the United States, comprising over 2.6
million adherents in 2010 (Pew Forum on Religion and Public Life,
2011). This point is essential in the history of Islam, since as a religion
it has thrived more as a majority than as a minority religion. As such,
on the American continent, Islam is reexperiencing its earlier history of
being a minority religion. While such an experience is not new to Is-
lamic law, the context in which it is appearing in North America is dif-
ferent. Over the centuries Islam has become a minority religion in a
number of countries and not in the context of colonization. Sikand
(2002), speaking of Islam as a minority religion in India—a situation
closer to North America’s—asserts that classical Islamic law developed
in a context of Muslim political authority. Hence, the classical jurists
devoted little attention to the status of Muslim minorities, and none at
all to what was then only a hypothetical situation. In contemporary
India, in theory at least, Muslims are neither rulers nor the ruled, but
equal citizens along with people of other faiths.
While Muslims in the West, and in North America in general, are
in principle minorities of equal status within the larger society, in real-
ity various issues such as race, ethnicity, ethnocentrism, immigration,
and meaning of nation or community complicate this equal status.
Duderija emphasizes that as a direct result of moving from a “majority
religion/culture context into a minority one, new immigrants belonging
to minority religions undergo significant changes in the way their iden-
tity is constructed” (2007, p. 153). This change renders religion a locus
of identity construction. This new locus of identity, Cesari (2003)
notes, becomes a decisive element in the transformation of Muslim
practices and their relationship to Islam.
In addition, the case of Islam, in particular, as a minority religion
in the United States—unlike in Europe or Canada—encounters a his-
torically oppressed minority community: African Americans, whose
practice of Islam, the Nation of Islam, was infused with issues of
racism and liberation. Many scholars have described the Nation of
Islam community in depth (Allen, 1996; Austin, 2003; Evanzz, 1999;
Haley, 1964; Kusha, 2009). Nonetheless, I offer next a brief view that
frames the two main forms of Islam practiced in US prisons: normative
Islam and the Nation of Islam.
Islamic Perspectives on Crime, Punishment, and Prison 33
According to the theology of the NOI, however, Wali Fard was be-
lieved to be “Allah in person” (Columbia Electronic Encyclopedia,
2009). Austin (2003) notes that in the NOI creation story, non-Euro-
pean whites were descendants of “the Original Man,” a race of Asiatic
good scientists known as the Tribe of Shabazz. The Tribe of Shabazz
founded the Holy City of Mecca in Arabia. On the other hand, Tinaz
(1996) explains that the NOI’s perception of the difference in origin
between the Asiatic tribe and the whites lies with the story of Yakub,
who was believed to be an evil scientist who created a race of whites
through genetic engineering. Consequently, the whites he created
turned out to be devils. According to the teachings, Allah has allowed
the race of white devils to rule the world for 6,000 years, a period
about to end with the destruction of the world in the “Battle of Ar-
mageddon,” after which a new world will be ruled by a nation of right-
eous blacks.
These differences make the two theologies not only distinct but
also at odds with the two core theological concepts of their conception
of human creation and God. Moreover, the histories of the genesis of
the two religions are different not only in the sense of time, place, and
sociopolitical context but also in terms of integration. According to
Austin (2003), Muslims from the Middle East (Arabs and Persians)
were often not allowed to enter NOI temples or mosques. The few who
did enter were connected to the leaders of NOI, including Muhammad
and Malcolm X. Tinaz (1996) summarizes the main difference between
the two theologies by noting that the NOI’s focus on Islam was second-
ary, used mostly to boost its doctrines and eschatology. NOI leaders
sought to combine black identity with the culture of Islam to form the
myth of black supremacy.
In US prisons, Middle Eastern Sunni Islam became the visible and
approved form of Islam beginning in the 1980s (McCloud and Al-
Islamic Perspectives on Crime, Punishment, and Prison 35
Hudud crimes are the most serious of crimes and their punishments are
the harshest, because the individual has violated God’s right (Haq
Allah), by injuring the harmony of the community that is God’s cre-
ation—a public right. These crimes and their punishments are pre-
36 Nawal H. Ammar
Oh ye who believe the law of equality are prescribed to you in cases of mur-
der: the free for the free, the slave for the slave, the woman for the woman.
But if any forgiveness is made by the brother of the slain, then grant any rea-
sonable demand and compensate him with handsome gratitude. This is con-
cession and mercy from God. (Al-Baqarah 178)
We ordained therein for them life for life, eye for an eye, nose for nose, ear
for ear, tooth for tooth and wounds for equal. Anyone remits the retaliation
by way of charity; it is an act of atonement. (Al-Maidah 45)