The French love a rousing political debate, all the more so if it leads to a parliamentary inquiry and is topped off with a new law. Paris set the stage this week for just such a debate on whether Muslim women should be allowed to cover their faces in public in burqas or niqabs. By deciding this week to launch a six-month inquiry into the issue, parliament has ensured it will stay in the headlines until year’s end as 32 politicians from the left and right hold weekly hearings to consider banning these veils.

(Photo: Woman in a niqab walks near Eiffel Tower in Paris, 24 June 2009/Gonzalo Fuentes)

A few politicians have been proposing a ban on full facial veils ever since France outlawed headscarves from its state schools in 2004. The issue came up recently when 58 politicians signed a petition for an inquiry into whether burqa wearing should be outlawed in France. But it finally took off on June 22 when President Nicolas Sarkozy declared these veils “unwelcome in France” as a symbol of the subjugation of women and backed the call for an inquiry.

Few women in France actually wear these veils, either the Afghan-style burqa covering the face completely or the Arabian niqab with space open for the woman’s eyes. It is perhaps telling that the French say burqa for both of them, even though the full veils occasionally spotted in minority neighbourhoods outside Paris or Lyon are niqabs. Pictures of burqas in French media are usually from Afghanistan. Anyway, the politicians who petitioned for the commission say the numbers of fully veiled women are rising and that seems to be true. But the evidence is always anecdotal and there are no statistics to support this argument.

One might be tempted to call the inquiry a “fact-finding mission” but, if past practice is anything to go by, we may not get many facts in the final report anyway. France has been through this exercise before. In mid to late 2003, the so-called Stasi Commission studied the state of laïcité (separation of church and state) in six months of work including 100 open and 40 closed hearings. Many of these sessions were covered by the media. The final report had long and eloquent sections on French law, history and laïcité. But it had no empirical survey data on how many schoolgirls wore hijab headscarves or how often women refused to be treated by male doctors in hospitals.

Nobody seemed surprised at the lack of data at the time because this was not a “fact-finding mission.” The exercise was meant to find arguments to ban the Muslim headscarf in state schools. This was confirmed when the report was finished and then President Jacques Chirac promptly picked one of the commission’s 26 proposals — the veil ban — and quickly had a law passed to enforce it. There was a wave of protests by some Muslim groups but they did not last long.

(Photo: Protest in Strasbourg against the headscarf ban, 20 Dec 2003. The banner reads “A law against the headscarf or against Islam”/stringer)

The inquiry and the public debate surrounding it showed that defending laïcité and upholding basic rights such as gender equality and freedom of expression enjoy wide support across the political spectrum in France. In an age of advancing globalisation and Europeanisation of so many other political issues, these have become key identity issues for the French. They’re what are known in American political slang as “motherhood and apple pie” issues that most people agree on. The burqa inquiry petition, for example, was launched by a communist deputy but 40 of its 58 signatories are from Sarkozy’s centre-right UMP party.

The timing of the petition suited Sarkozy’s political calender well. Elections in France’s 26 regions, now almost all run by the opposition Socialist Party, are due around March of next year. By that time, the burqa commission should have finished its job and the government might be ready to present a burqa ban law bound to be popular . As my colleague Paul Taylor wrote here, the issue also fit into Sarkozy’s plan to relaunch his drive for some far-reaching reforms: “The aim was clear — to distract attention from less crowd-pleasing but more significant proposals to ease taxes on labour and production, raise a big loan from the public to finance key spending priorities, slim down France’s bloated regional and local government and debate raising the legal retirement age.” It’s useful to remember that, back in 2004, Sarkozy didn’t like the headscarf ban idea and only went along with it reluctantly.

As France heads into this debate, two questions stand out:

• If the commission really wants to find out about burqa and niqab wearing in France, it should provide solid statistics to back up its claim that it is important and growing. Will the fact-finding panel come up with any facts?
• Masked people present a problem of identity and security in an open society. Faces are a natural identity card and a rough indicator of a person’s mood. Covering them hides the wearer’s most indentifying feature and denies to the rest of the public sphere — especially the police — the ability to see the others in their midst. Hijabs present no such problem because they leave the face uncovered. Why do politicians opt for the arguments about laïcité and women’s equality when the broader question of identity and security in an open society also confronts them?

My guess is that no statistical surveys will be made because the results would show the actual number of women involved is very small and this could undercut arguments for a ban. The question of identity and security will probably also not be asked because it would involve a deeper debate about what is and is not admissible in the public sphere. We had a post earlier this year about this debate in North America and how difficult it is to decide this.

Why bother with a more complex debate when laïcité and women’s equality are sure-fire winning arguments?

(Photo: Women shop for clothes at Muslim fair in northern Paris, 14 April 2007/Benoit Tessier)

A new poll shows public opinion in Pakistan has turned sharply against the Taliban and other Islamist militants, even though they still do not trust the United States and President Barack Obama. Reporting on the poll, our Asia specialist in Washington, Paul Eckert, said the WorldPublicOpinion.org poll, conducted in May as Pakistan’s army fought the Taliban in the Swat Valley, found that 81 percent saw the Pakistani Taliban and al Qaeda as a critical threat to the country, a jump from 34 percent in a similar poll in late 2007. Read Eckert’s report here.

(Photo: Pakistani Taliban in Swat, 2 Nov 2007/Sherin Zada Kanju)

The poll shows a wide divergence between Pakistani public opinion and the views of the Taliban on the implementation of sharia, a religious issue sometimes cited to help explain earlier tolerance of the militants. Some 80 percent of the respondents said sharia permits education for girls, one of the first services the Taliban close down when they gain control of an area. And 75 percent said sharia allows women to work, which the Taliban do not.

Reflecting their distrust, 71 percent said they believed the Taliban would not even submit to the sharia courts that they themselves have set up or promised to install as a pure and speedy alternative to Pakistan’s corrupt and inefficient civil courts. Only 14 percent supported the Taliban claim that it could provide more effective and timely justice than the state, a claim that partly helped the Islamist militants in the past (although it must be added that only 56 percent expressed trust in the civil courts). Only 9 percent said they thought the Taliban would do better at fighting corruption than the government, which got a lukewarm 47 percent. In any case, these results seem to indicate very little support for trademark Taliban promises that once seemed attractive.

If accurate, these findings mark a major shift from the results of a similar poll by WorldPublicOpinion.org in late 2007, not long after the Pakistani army flushed out Islamist militants who had taken control of the Red Mosque complex in the heart of Islambad. More than 100 died in the raid, including dozens of suspected militants and at least 10 troops. Some 64 percent said the raid was a mistake while only 22 percent supported the decision. A 60 percent majority believed that sharia should play a larger role in Pakistani law than it did at the time.

(Photo: Anti-Taliban rally in Lahore, 19 June 2009/Mohsin Raza)

Another poll, by the International Republican Institute, relativises this shift a bit. Conducted in March, before the height of the Taliban-army clash in Swat and the video of Taliban flogging a teenage local girl that reportedly turned Pakistani opinion against the militants, it shows more sympathy for the Taliban’s sharia demands. While 74 percent said religious extremism was a problem in Pakistan, 80 percent supported the introduction of sharia in Swat and 72 percent supported the government peace deal with the Taliban there. Some 56 percent said they would support the Taliban if they demanded sharia in other cities such as Karachi, Multan, Quetta or Lahore.

The relationship between traditional religious views and the Taliban in Pakistan and Afghanistan is so complex that I’m not sure any poll gives a very accurate picture. Unfortunately, neither poll examined in greater detail what those polled thought about sharia and how much of it should be applied in Pakistan. Does anyone have other poll results that give what they think is a better picture?

UPDATE (July 2) Pakistani journalist Ahmed Rashid has an interesting opinion piece in the Los Angeles Times saying: “The Pakistani public, army and government have suddenly awakened to the Taliban threat. That is a crucial first step. But it will need strong international support to effectively respond.”

It’s not every day that the Vatican newspaper suggests that a man accused of paedophilia and said to have converted to Islam might be immortal. But that’s what L’Osservatore Romano did today. In a tribute to Michael Jackson — itself another sign of the “new look” that editor-in-chief Giovanni Maria Vian has given it — the paper included him in a pop music heaven at an unusually earthly location:

“But will he really be dead? It wouldn’t be surprising if, in a few years, he was spotted in a gas station in Memphis, perhaps with his former father-in-law Elvis Presley, another of those myths - like Janis Joplin, Jim Morrison, Jimi Hendrix or John Lennon - that never die in the imagination of their fans. And Michael Jackson, who died yesterday at the age of fifty, is definitely a pop music legend.”

The tribute reviews Jackson’s career, from the time “when he was still black” through his “humanly difficult … crossover” to “new genres not entirely attributable to any specific area, where one cannot distinguish between black and white.” It praises his mega-album Thriller “which is known also to those who do not frequent these musical worlds” and calls him a “great dancer” (grande ballerino).

The article ends on the delicate issue of accusations of paedophilia, a cloud that hung over Jackson’s later years and has dogged the Catholic Church as well. The singer hit his artistic peak with Thriller, it said, but always stayed enormously popular. “Not always, unfortunately, for artistic reasons,” it wrote. “His judicial ups and downs following allegations of paedophilia are well known. But no charge, even as bad and shameful, was sufficient to diminish his legend among the millions of fans around the world. The proof of the emotional reactions aroused by the news of his death. News many don’t believe. Maybe someone in Memphis has already seen him.”

(Photo: Michael Jackson in Munich, 9 June 1999/Michael Kappeler)

One theory about how to deal with militant Islamism calls for promoting Sufism, the mystical school of Islam known for its tolerance, as a potent antidote to more radical readings of the faith. Promoted for several years now by U.S.-based think tanks such as Rand and the Heritage Institute, a Sufi-based approach arguably enjoys an advantage over other more politically or economically based strategies because it offers a faith-based answer that comes from within Islam itself. After trying so many other options for dealing with the Taliban militants now openly challenging it, the Pakistani government now seems ready to try this theory out. Just at the time when it’s suffered a stinging set-back in practice…

(Photo: Pakistani Sufi musicians in Karachi, 7 May 2007/Zahid Hussein)

Earlier this month, on June 7 to be exact, Islamabad announced the creation of a Sufi Advisory Council (SAC) to try to enlist spirituality against suicide bombers. In theory at least, this approach could have wide support. Exact numbers are unclear, but Pakistan is almost completely Muslim, about three-quarters of its Muslims are Sunnis and maybe two-thirds of them are Barelvis. This South Asian school of Islam, heavily influenced by traditional Sufi mysticism, is notable for its colourful shrines to saints whose very existence is anathema to more orthodox forms of Islam. Among those are the minority of Pakistani Sunnis, the Deobandis, who are followers of a stricter revivalist movement founded in 19th-century India whose militant branch led to the Afghan and Pakistani Taliban. Many Deobandis think Pakistan’s Shi’ite minority is not truly Muslim.

The late President General Zia-ul Haq was a Deobandi. With massive support from the United States, Saudi Arabia and other countries, he favoured Afghan guerrilla groups influenced by the Deobandis and Saudi Arabia’s Wahhabis in the 1980s war against the Soviet Union.

(Photo: Pakistani President Asif Ali Zardari prays at shrine of Sufi saint Lal Shahbaz Qalandar in Sehwan Sharif, 12 Sept 2008/Akram Shahid)

As the Swat Valley crisis came to a military showdown, Barelvi leaders who had stood quietly on the sidelines for years began to organise anti-Taliban rallies to stand up for their peaceful view of Islam and support the government’s military drive against the Taliban. “What these militants were doing was un-Islamic. Beheading innocent people and kidnapping are in no way condoned in Islam,” Sahibzada Fazal Karim, a leader of the moderate Islamist party Jamiat-e-ulema-e-Pakistan who organised some rallies, told Reuters in early May.

Mufti Sarfraz Naeemi, a senior Barelvi leader in Lahore, told our Islamabad correspondent Zeeshan Haider at the time that mainstream Muslim leaders like himself could no longer stay silent in the face of the Taliban threat. “They want people to fight one another, that’s why we have kept silent and endured their oppression,” he said. “We don’t want civil war … But God forbid, if the government fails to stop them, then we will confront them ourselves.”

Apart from his anti-Taliban campaigning, Naeemi was very much a traditional Barelvi mufti. He was a leading figure in Sunni groups advocating sharia enforcement, ran a madrassa in Lahore and sat on boards govering Barelvi madrassas, according to his obituary in the Pakistani daily The News. He lost a government post and was briefly arrested after protesting against Pakistani logistical support for the U.S. “war on terror” and was arrested again for protesting against the Danish cartoons of Prophet Mohammad. These views might not be called moderate positions in world Islam, but they were quite traditional and middle-of-the-road on the Pakistani religious spectrum.

(Photo: Mufti Sarfraz Naeemi, 17 July 2005/Mohsin Raza)

On June 12, five days after Islamabad announced the formation of its Sufi council, a teenage Taliban suicide bomber walked into Naeemi’s office in the Lahore madrassa and blew himself up, killing the mufti. The message was unmistakable — Pakistan’s Barelvis may have local Islamic tradition and popular support on their side, but the trump card in this fight right now is violence, not Sufism. The Taliban challenge is an armed insurrection powerful enough to intimidate the tolerant Sufis into submission.

Ali Eteraz, a keen Pakistani-American observer of militant Islam, has just published an interesting analysis in Foreign Policy that further undermines the Sufi trump card theory:

“State-sponsored Sufism (which the SAC is) gets everything backward: In an environment where demagogues are using religion to conceal their true political and material ambitions, establishing another official, “preferred” theological ideology won’t roll back their influence. Minimizing the role of all religion in government would be a better idea. Only then could people begin to speak about rights and liberty,” he writes on the FP website.

(Photo: Naeemi’s office after the bomb, 12 June 2009/Mohsin Raza)

“The SAC will undoubtedly embolden extremists by giving them ideological motivation: They now have evidence to provide young recruits and foot soldiers that the “war” they are fighting is, in fact, about the integrity of Islam. Far from reducing extremists’ influence, the SAC is doing them a favor…

“After years of bemoaning official Saudi sponsorship of Wahhabism, and condemning official Iranian sponsorship of millenarian Islam, we are now being asked to celebrate a state-sponsored brand of Islam in Pakistan. We are asked to believe this is “different” from those other cases solely because it’s a version of the religion that looks benign. But not only is this unprincipled — it is going to backfire, leaving Sufism discredited and more religious resentment among the numerous peaceful Salafis in the world.”

What do you think? Does Sufism have any role to play in this struggle?

The German government and representatives of the country’s large Muslim community said on Thursday they had agreed a number of practical proposals to resolve conflicts between German schools and Muslim practises.

The government cannot legally enforce the proposals because, in Germany’s federal system, each of the country’s 16 states regulates education law.

Yet the proposals — agreed upon at a high-profile summit in Berlin aimed at boosting the integration of Germany’s Muslim residents — testify to an increasingly open and rational debate in Germany about Islam.

“These suggestions are not a cure-all, but should be seen as the groundwork for solutions that teachers, pupils and parents have to agree on together,” the German Islam Conference (DIK) said in statement.

(Photo: German Interior Minister Schaeuble chats with delegates of the Islamic Conference in Berlin, 25 June 2009/Wolfgang Kumm)

New official data shows that between 3.8 and 4.3 million Muslims live in Germany — a higher number than previously estimated –  meaning about 5 percent of the overall population.

Some 36 percent of Germany’s Muslims described themselves as strongly religious and 50 percent as moderately religious.

The DIK was set up to try to help Europe’s second biggest Muslim population after France integrate into mainstream Germany society, amid worries about the potential radicalisation of disillusioned young Muslims.

Proposals touched on sensitive issues such as Muslim pupils’ participation in sports and sexual education classes to religious holidays.

Delegates at the conference agreed that schools should try to offer separate swimming lessons to girls and boys and to ensure there are separate changing rooms to enable the participation of all Muslim pupils.

Given that legal school holidays in Germany are based on Christian customs, practical consideration should be given to Islamic religious holidays.

“Schools should take these holidays into account when fixing its calendar for the school year. This affects in particular the dates chosen for exams,” the DIK said.

Ramadan, the Muslim month of fasting and religious reflection, should be taken into account in particular when planning school trips, internships or school parties.

Regarding sexual education classes, these were necessary and compulsory, but schools should let parents know in advance how and what they planned to teach.

“In the class itself, teachers should be sensitive in their choice of words and carefully select the media, that they show with caution,” the DIK said.

(Photo: Muslim women walk in front of the newly built Ahmadiya mosque in the Heinersdorf district of Berlin, 16 Oct, 2008/ Fabrizio Bensch)

Tips were not only reserved for schools, however. The conference suggested that parents should make sure their children got enough sleep during Ramadan and that, if their daughters wore a headscarf, they should take care it did not lead to ostracism.

Germany seems to be treading a careful path in order to avoid the kinds of conflicts with its Muslim community that other countries have incurred, such as France which provoked controversy in 2004 by banning pupils from wearing conspicuous signs of their religion at school, including headscarves.

But will its tentative proposals be heeded without any kind of legal enforcement?

Iran’s Supreme Leader Ayatollah Ali Khamenei delivered a major address today on the election there. It was in the form of a khutbah, an Islamic Friday sermon that is often the platform for the most important public pronouncements in the Islamic Republic. So one might assume it would be couched in Islamic terminology and religious themes.

But a rough-and-ready indicator, a web “cloud” that indicates the frequency of certain words, tells us otherwise. Aziz Poonawalla over at the City of Brass blog generated a Khamenei khutbah cloud on Wordle on the basis of a quick translation of the ayatollah’s speech. I had some trouble reading all the terms, so I went to that site and generated one myself. Here is the result:

To be absolutely clear — this cloud is only a rough computer analysis. I generated it in Paris hours after the speech, without consulting any other Reuters bureau, so it played no part in our Tehran reporting of Khamenei’s comments or other coverage on our wire from Beirut and from London. Nothing can replace on-the-spot reporting by Persian-speaking correspondents who understand all the nuances in a political sermon like this.

That said, my techie side still thinks this cloud does highlight some interesting aspects of the sermon. The most frequently used words — people, election, state, president, revolution, country, leaders, legal — are political terms. Islamic makes a good showing, but it is only one of the top dozen or so terms — including God , which came up nine times — after the clear front-runner people (56 times).

Koran doesn’t appear at all.

Pakistani Islamist women activists in Lahore, 5 Feb 2009/Mohsin Raza

French politicians seem ready once again to make a political issue out of Muslim women’s clothes. A group of 58 legislators has called for a parliamentary enquiry into what they said was a growing number of women wearing “the burqa and the niqab on the national territory.“ Their initiative comes five years after France banned the Muslim headscarf from French state schools. President Nicolas Sarkozy hasn’t tipped his hand yet, but his government’s spokesman, Luc Chatel, said on Friday that Paris could opt for a law “if, after this enquiry, we see that burqa wearing was forced, which is to say it was contrary to our republican principles.”

“There are people in this country who are walking around in portable prisons,” said André Gerin, a Communist legislator who was behind the initiative. More than 40 legislators from Sarkozy’s ruling centre-right party were also signatories. “We have to be able to open a loyal and frank dialogue with all Muslims about the question of the place of Islam in this country … taking into account the slide towards fundamentalism (of some Muslims),” Gerin told France Info radio.

The politicians’ appeal argued that burqas and niqabs violated the principle of gender equality: “If the Islamic headscarf amounted to a distinctive sign of belonging to a religion, here we have the extreme stage of this practice. It is no longer just an ostentatious show of religion, but an attack on women’s freedom and the affirmation of femininity. Clothed in a burqa or niqab, she is in a situation of reclusion, exclusion and inadmissible humiliation. Her very existence is negated.”

Saudi woman pharmacist in Jeddah, 4 June 2007/Susan Baaghil

Mohammed Moussaoui, head of the French Council of the Muslim faith (CFCM), said he was shocked by the proposal and asked why politicians wanted to focus on what he called a marginal phenomenon when they had bigger economic problems to deal with. “Bringing up the subject in this way, through the creation of a parliamentary commission, amounts to a stigmatisation of Islam and the Muslims of France,” he said.

No estimates exist for the total number of women wearing the all-encompassing garments in France and whether their number has been on the rise. Gerin said the commission would try to establish these facts. There are reasons to question just how widespread the practice really is. In previous public debates in France about Muslim headscarves or Muslim demands for hospitals to respect Islamic traditions (no men doctors to examine women, etc), some politicians and media seemed to assume the word “anecdote” was the singular of “data” and present a few stories as proof of a worrying trend.

Reactions have been mixed within Sarkozy’s government. State secretary for urban affairs Fadela Amara,  one of three cabinet members of Muslim background, has advocated a law against burqas and niqabs while Immigration Minister Eric Besson says France should oppose this clothing “but it has to do it by education, by teaching, by dialogue. A law would be ineffective and would create tensions we don’t need right now.”

Fadela Amara in the National Assembly, 14 Feb 2009/Jacky Naegelen

Sociologist Jean Bauberot, one of the leading specialists on France’s system of laïcité, or separation of church and state, told Libération this debate was similar to the headscarf controversy of 2003-2004 in that both showed a French tendency to think the state can know what’s best for its citizens. But there was an important difference in that facial veils could pose “practical problems for recognising the identity of the person standing in front of you.” We’ve discussed a similar argument in Canada on this blog.

“Of course, one may regret that women wear a burqa, but one cannot liberate people despite themselves,” he remarked.

Do you think there’s a difference between women covering their hair and covering their faces? Are both religious traditions that western countries should respect? Or do the practical problem Bauberot mentions mean a country could say yes to hijabs but no to niqabs?

Asher Frohlich’s painting of “God’s Holy Mountain” (at right) depicts a scene from an imagined future Jerusalem where Islam’s Dome of the Rock stands beside a rebuilt Jewish temple and worshipers of different faiths mingle in the courtyard.

Is this scene too good to come true?

The problem today, in the simplest of terms, stems from the fact that one spot in the heart of the old city of Jerusalem, is sacred to Jews, Christians and Muslims alike. Jews know it as  the Temple Mount and Muslims call it al-Haram al-Sharif (the Noble Sanctuary). For more about the religious history of the complex, click here.

Today, a gilded dome stands above a rock where Muslims believe Mohammad rose to heaven. It is the same spot where a sanctuary known as the ‘holy of holies’ of two ancient Jewish temples is believed to have been located. Many Jews still pray for the temple to be rebuilt, a step some believe would then herald the return of the Messiah and a time of world peace.

A project launched this week hopes to pave the way, through theological research and debate, to a new outlook that would allow all religions to share the complex. Part of this ”vision” is explained in depth in an entry on the Washington Post Web site.

The group says the initiative is “based on five years of research into the requirements for the precise location of a rebuilt Temple”. Its web site quotes a passage from Jewish law, called Halacha, to argue that a new, nearby location could be chosen to build a third temple, not in the spot traditionally regarded as the correct site but has been occupied by the Dome of the Rock since the 7th century:

“Halachically, it is possible to extend the area of the Temple Mount as noted in the Mishnah (Sanhedrin 1:5, Shevu’ot 2:2),” the passage said.  “A possible way of expanding the Temple Mount could be to build an earthen extension in a way that it becomes an integral part of the original mountain (Mount Moriah) and to sanctify that area per the methods described in Maimonides.”

Even if all three monotheistic religions re-examine their theological connections to the site, is it enough to lead to a remapping of the holy complex? Or, as even the project’s director Yoav Frankel acknowledges, would it take “a holy revelation given to an authentic prophet” to realize this vision?

A new report by the American Civil Liberties Union (ACLU) details the effects it says that terror finance laws have had on American Muslims and America’s relations with the Islamic world. You can see the report, “Blocking Faith, Freezing Charity”, here.

The report says U.S. terrorism finance laws — greatly expanded after the Sept 11 attacks by the administration of former President George W. Bush — have led to the direct closure of seven U.S.-based Muslim charities. The charities were shut after they were designated as “terrorist organizations” or under investigation. Two others have been forced to close in the aftermath of the negative publicity generated by raids on their premises.

Among other things, the report says, this curtails the abilities of Muslims to give to the needy, which is one of the pillars of their faith.

“Despite the often weak nature of the evidence, when it designated Muslim charities, indicted them criminally, or raided them, the Bush administration publicly trumpeted its actions as successes and made inflammatory and unfounded or exaggerated allegations about the charitable sector’s
connections to terrorism financing. The effect of these government actions is to create a general climate in which law-abiding American Muslims fear making charitable donations in accordance with their religious beliefs,” the report says.

“The government’s actions have chilled American Muslims’ free and full exercise of their religion through charitable giving, or Zakat. Zakat is one of the core “five pillars” of Islam and a religious obligation for all observant Muslims,” it says.

“Many American Muslims reported that the climate of fear has made it impossible for them to fulfill their religious obligation to give Zakat in accordance with their faith and to associate with fellow Muslims. The United States has long been regarded as a beacon of religious freedom, and yet U.S. terrorism financing laws and policies developed under the Bush administration are inhibiting American Muslims’ ability to freely and fully practice their religion.”

Supporters of the government’s tactics might counter that there is no lack of charities in the United States or places like soup kitchens or homeless shelters that will accept money or alms — and that provide services to non-Muslims and Muslims alike. But many U.S. Muslims no doubt would prefer to give to charities linked to their own faith tradition.

The report also says that the prosecution of Islamic charities is one of many Bush-era policies that continue to undermine America’s efforts on the diplomatic stage at a time when President Barack Obama is trying to reach out to the Muslim world — and when U.S. troops are waging war in two Muslim countries.

We have written about this issue before and the U.S. Department of Justice would no doubt argue that its laws have helped choke off potential “terrorist” activities. A U.S. judge last month handed down 65-year prison sentences to two founders of a U.S. Islamic charity convicted of illegally funneling $12.4 million to the Palestinian militant group Hamas.

The sentences came several months after a grand jury in Dallas convicted the Holy Land Foundation and five of its leaders for conspiracy to support a foreign terrorist organization, money laundering, tax fraud and other charges. Its supporters have long maintained that it focused on legitimate disaster relief and aid to Palestinian refugees and that the weakness of the prosecution’s case was exposed when its first attempt to nail the group ended in an embarrassing mistrial.

The ACLU says that terror finance laws give the U.S. Treasury Department virtually unchecked powers to designate groups as terrorist and lack safeguards that would protect U.S. charities from government mistakes and abuse.

The ACLU is often a favorite target of conservative Christians and the Republican Party in America and is often associated with left or liberal causes. Does this mean that the Obama administration will take its views on this issue into account?

(Photo: Holy Land Foundation supporters hold signs outside the Earle Cabell Federal Building and Courthouse in Dallas, Texas October 22, 2007., during the first trial of the Islamic charity accused of illegally funneling money to the militant Palestinian group Hamas. REUTERS/Jessica Rinaldi (UNITED STATES)

Both are Muslims. Both are chaplains. Both are in the military. But one is French and one is American. That alone ensured there would be enough to talk about when Mohamed-Ali Bouharb and Abu- hena Saifulislam met in Paris to discuss their work with chaplains and academics from the United States.

(Photo: Bouharb (l) and Saifulislam with CIEE’s Hannah Taieb. Note the Islamic crescents on Bouharb’s cap and Saifulislam’s sleeves, 7 June 2009/Tom Heneghan)

Muslim chaplaincies are relatively new additions to the armed forces in Europe and North America. Establishing their place alongside the traditional Catholic, Protestant and Jewish offices of religious services has not always been easy, even though both imams reported the top brass in their countries strongly supported the effort. While they tend to the spiritual needs of their co-religionists in the ranks, as other chaplains do, these imams also spend much time explaining their religion and its practices to their non-Muslim superiors.

Both spoke of the obvious issues such as getting halal food or having time and space for Muslim prayers. Both had encountered questions from both within the forces and outside in the Muslim community asking why they had agreed to work as imams in the military. Their presentations were part of a seminar entitled “Religious Diversity in Everyday Life in France” organised by the U.S.-based Council on International Educational Exchange (CIEE) and the Institute for the Study of Islam and the Societies of the Muslim World in Paris.

Bouharb, 32, is a French-born Muslim with Tunisian roots who studied Islam at a private Muslim institute in Paris and graduated from a special training course for imams at the Catholic Institute here. He is chaplain to the National Gendarmerie, which comes under the Defence Ministry. France only launched its Muslim chaplain corps in 2005 and it is still finding its way. “I first got a two-year contract. It’s just been extended by four years. Nothing is certain. We’ll see the results in 20 years,” he told the meeting on Sunday. Bouhard stressed how tricky the issues he faces can be as he discussed the delicate bridge function he has to play with the example of five French Muslim soldiers who refused to go to Afghanistan:

“If a Muslim soldier doesn’t want to go to Afghanistan for religious reasons, that’s his right. My role is not to convince him. But if he doesn’t want to go, he shouldn’t be in the army. That’s not a religious opinion. Sometimes the Muslim chaplain has to put aside his religious role and deconstruct what is religious and what is not. What I do is go see the soldier and ask him about his vision of Islam. I can help him to understand things better, but not to make a decision… If a soldier’s not clear in his mind (about shooting at Taliban), he might hesitate for a moment. That could endanger the troops around him…

“To the commanders, I say I’m not the representative of a Muslim soldiers’ trade union. When those five refused to go, people said the Muslim chaplains weren’t doing their jobs. It was all over the media. But the chaplain’s duty is not to ensure the cohesion of the troops. (The doubting soldier) could endanger others. My religious duty is not to put those others in danger… We Muslim chaplains asked for a right to reply to the media but the Defence Ministry press office said it was not worth the effort… They were right. A few weeks later, all was forgotten.”

Another issue was whether Muslim soldiers due for commando training had to fast if the session occurred during Ramadan. “They get up at 3 a.m. and march for 25 kms with backpacks weighing 25 kilos. It’s very difficult to fast,” he said. Muslim soldiers asked him what to do. “I told them that, if you signed up to do this training, you have to respect that contract. You can stop your fast and catch up on those days after Ramadan is over.” Ten Qatari soldiers in France for advanced training could not understand why the session was not rescheduled, as it would be in their majority Muslim society, but Bouharb said it could not be and the Muslim soldiers had to adjust. “There is only one Islam, but there are many ways of expressing it,” he said.

Saifulislam, who emigrated to the U.S. from Bangladesh in 1989 and became a U.S. Navy imam 10 years later, had a slightly different approach. “If there is special training during Ramadan, I ask the commander if it can be moved to another date,” he said, stressing he was giving his personal opinion and not speaking in an official capacity. “I tell the Muslims that they’re away from home while on training so they can not fast and make it up later. It’s his or her call. I provide the counsel.”

(Photo: Bouharb and Saifulislam, 7 June 2009/Tom Heneghan)

He said there were about a dozen imams in the U.S. armed forces, which appointed their first Muslim chaplain in 1993. That compares to over 800 Christian and Jewish chaplains in the Navy alone, he said. “They don’t necessarily need us for the number of Muslim soldiers but to advise them on religious inclusiveness, like about how Islamic practices can affect a mission, before they deploy to Iraq or Afghanistan. They get training in cultural sensitivity.”

Possibly because imams have served in the U.S. military for longer than in the French, the American Muslim chaplains seemed more integrated into the overall chaplain corps. Saifulislam said:

“Ninety-nine percent of the people who come to me for counselling are from another faith. They come to you with issues, it could be about family, stress or violence. People can get more religious in boot camp, also in prison. I’ve also been trained in suicide prevention, PTSD recognition and crisis management. We also do grief counselling, regardless of the religion. Of course, we don’t perform services for other religions. You’re not going to see me baptise a baby! But we facilitate things. If someone comes to me as a Wiccan and asks for a place to pray, I help them. The Department of Defense recognises over 290 different religions and denominations. If a Muslim asks one of the other chaplains to help him get a copy of the Koran, he has to help him.”