CAIR and the well-armed lamb

This post is a second on my series on Charity this Ramadan

 

 

Cair

Let's face it, we live in a society where most Americans do not trust Muslims.

 

While this was certainly not the case in 2001, a general consensus appears to be emerging in the United States, particularly in American media, that all American Muslims bear collective guilt for September 11.  The More Muslims condemn terrorism, the more non-Muslim Americans associate Muslims with terrorism.    Muslims in any public forum now are asked to proclaim their anti-terrorist bona fides, which of course will not be enough.   The situation is toxic.

 

While the American economy is in shambles, real unemployment in the United States is over 15%

 

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Several American politicians have made an effort to build their careers on their hatred of Muslim and Islam.  Take for example Vijay Kumar, an Indian immigrant in Tennessee who is based practically his entire campaign on hatred of Muslims.   Sue Myrick, an elected congresswoman from North Carolina has largely made a career out of coming up with one of Muslim related conspiracy theory after another.     

 

In coming years, it is entirely possible politicians in the thick of the anti-Muslim movement will be able make policy changes that will materially affect your family and your rights.  This may well include your right to distribute inheritance in the manner that you see fit and to give to charity to those you feel are appropriate.  Of course with respect to charity, there is much evidence this is already happening.  The commitments given by Mr. Obama more than a year ago on Muslims rights in Zakat in Cairo never merited a follow-up.

 

Even more alarming, the man who is presently the leading Republican candidate for president of the United States, Newt Gingrich, has compared all Muslims in the United States to Nazis. This is a man who, if successful, would control the law enforcement and military machinery of this country.

 

The issues here that concern your family is not just about Park51 in New York City, a $100 million project erroneously known as the "Ground Zero mosque." It is also not about the various other Islamic centers around the country facing opposition from angry mobs waving anti-Muslim signs and Israeli flags.  It is about how the United States, without significant and meaningful leadership, education and outreach, may rapidly turn into the country that the enemies of Muslim families in this country want it to be. 

 

When the American public is angry, it is easy for politicians to deflect their anger at Muslims because so little is known about us. Politicians in Europe have been able to do this successfully for years and Americans are only now growing wise to this tactic. The key for American Muslims is to make this tactic difficult or even impossible.

 

One ally that American Muslims have is of the Bill of Rights. The United States was set up, in part after its founding in part after the "Civil War amendments" to protect the rights of minorities. As Benjamin Franklin once observed, "democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!." Benjamin Franklin, not coincidentally, had written about how he would welcome Muslims to Pennsylvania.

 

In the past several years, a sizable industry has emerged in the United States, a cabal of "merchants of ignorance" who have, with some success, convinced allies in the media, opportunistic politicians and a largely ignorant public they should fear Muslims.  They should not consider Islam to be a religion worthy of any protection.  That Islam is a religion that requires Muslims lie, that they hate women, they hate dogs, and they hate life and freedom itself. 

 

In the midst of this economic distress, when politicians have no other ideas of how to better the lives of ordinary Americans, the route of sowing hatred and distrust is an easy way to go.

 

For Muslims, the solution is to be, that "well armed-lamb" when the times are most difficult.  It is also to educate the American public and empower other Muslims.

 

I know we live in a recession. The Muslim community is presently most concerned about the flood in Pakistan (as it should be) however our ability to do anything at all in this country depends on our ability to protect and preserve our own civil rights and liberties.

 

I am not the kind of person that visits with politicians, meets with editorial boards are regularly attends interfaith functions.  I am by nature not an activist. However I have committed to donating a small amount every month to the Southern California chapter of the Council on American Islamic Relations.  I should say that I serve on their advisory board and have volunteered for them on specific projects over the past decade, things I was asked to do as a lawyer in the community.  Though I frequently air my complaints to them I must say they have become an essential part of our community and are deserving of our good wishes, our prayers and financial support.

 

A few ways CAIR helps:

 

Public Outreach

 

CAIR has designed specific programs to help educate and demystify entire areas of Islam and Muslim that provides a meaningful alternative to a lot of the hatemongering and ignorance peddling that otherwise exists in the United States.  They have urged people to "explore the Quran," "Explore Islamic Civilization and Culture," and even learn about the Sirah of Muhammad (PBUH). 

 

They design handbooks and workshops that help law enforcement healthcare providers and educators understand Islam. These efforts not only help America become better educated, they materially help the lives of American Muslims who from time to time require medical treatment, come into contact with law enforcement or maybe the subject of media coverage that might otherwise be based on ignorance. 

 

Government

 

CAIR's staff has worked diligently to inform government officials about the interests of Muslims in developing public policy.  From what I've seen, their record is one that has demonstrated vigilance and CAIR.  Their efforts include a campaign to successfully end a proposed obnoxous "Muslim Mapping" program in the city of Los Angeles to working on a "halal" bill. 

 

Leadership Development

 

CAIR, under the leadership of Hussam Ayloush in Southern California, has helped develop some remarkable leaders and spokespeople.  Recently, Ameena Mirza Qazi, a young lawyer appeared on National television to defend the practice of hijab at a Disney owned hotel.  Many others have interned at CAIR or have been at any number of its programs and moved on to do great things themselves.

 

Civil Rights

 

While CAIR bills itself as a "civil rights" organization, much of the actual work that goes on in this area tends to be behind the scenes. It's the nature of civil rights work to speak for people and to advocate on behalf of the unpopular.  If they only advocated for things everyone else agreed on, CAIR would not need to exist. 

 

Much of their work is something you will not hear about on a regular basis because there are simply so many cases, many of which are difficult and depressing.  Whenever a Muslim has a problem in the workplace or in society, CAIR is typically going to be the only place they will think to call. Most of the time, these cases will not make it to the media they might not even make it into court. However the civil rights matters will still have a massive impact on the parties and on the employees of CAIR. 

 

It is in this area that those Muslims who feel the actual fallout that comes from hatred, hysteria or just plain ignorance becomes real, and the people of CAIR are essential to helping those who suffer from it.

 

CAIR must take the cases and the people as they are.  They do not have the luxury of picking the most PR- ready cases.  Nor are they given to a dogmatic view of Islam that excludes large classes of people or are trying to impose a new vision of what Islam should be.  They do Civil Rights. While that sounds glamorous in theory, the real work is difficult.  In fact, I know I can never do what CAIR employees do every day, and that’s leaving aside the fact the pay is much lower than they can all get working elsewhere.   

 

Working for Civil Rights makes them unpopular, particularly among the enemies of the Muslim community.  That is to be expected.  However without civil rights work, you need only need to look at American history to learn how bad things can get for Muslims, and why it’s necessary to have a strong Muslim Civil Rights organization.    A wonderful piece in the Jewish Forward recently recounts the history of Jews in America, when Shuls were banned in America.  Religious discrimination and second class citizenship can despite the bill of rights, exist and be part of life for all of us.  Religious freedom means nothing unless it has advocates.  This is how CAIR comes in. 

Charity

 

Donating

 

I suggest everybody reading this click here if you are from Southern California or here if you are from Northern California (if you are from elsewhere then click on this map) enter your credit card number and have it charge your credit card a small amount every month.  Forward this post to everyone on your list and encourage them to do the same.

 

Of course you should be civically engaged, be more involved in public life (if that’s your thing) , speak in public, write and to bring to bear whatever talents is that you have in service of being that "well-armed lamb" during those times when it seems the wolves are in the majority.   I cannot push those necessary things to hard since I do not see myself as an activist.  Perhaps you do not see yourself that way either, and if you do, wonderful.    However  regardless of your level of civic engagement you should also financially support the premier Muslim organization that does all these things and works to help build this country into a place where Muslims are not the lambs constantly worrying about wolves.   Donate. 

 

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To Zakat or not to Zakat

 

CAIR accepts Zakat funds and they have obtained opinions from scholars who agree allocating funds for the kind of work CAIR does is appropriate for Zakat.  While I do not have the qualifications of an Islamic scholar, I am not prepared to use zakat funds at this time.  I would suggest keeping these funds for the poor and needy individuals and give to CAIR continuously as charity separate from zakat.  That’s exactly what we do when it comes to Islamic Centers.  Of course if you feel comfortable giving your zakat money to CAIR, nobody would deny (except the Anti-Muslim movement) it’s for a good cause.  For Zakat, and Pakistan, please read my last post.  

Plan

 

Consider CAIR in your Estate and Charitable Plan

 

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Of course I am an Estate Planning Attorney and cannot ignore this.  You have the ability to give up to 1/3 to a beneficial purpose.  You should take a good look at CAIR for this.  You may also consider other charitable giving planning that will have the effect of reducing your income taxes.

 

 If you have a piece of property that has gone up in value and you need to sell, think of doing a charitable plan that may give you some amazing benefits and benefit charity instead of doing a 1031 exchange.  You can learn more about charitable giving and inheritance on this website make sure you sign up for updates if you have not done so as yet.

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"Even a smile can be charity": But how about burning down your own house?

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Many things that we regard as charitable come with no sacrifice. For example, a smile.  Some provide no sacrifice but do provide a tax deduction.  Others provide no sacrifice or tax deduction.  
Fire departments like to burn down homes for training purposes.  People donate their homes to provide real world training experience to firefighters.  The case of the Hendrix's demonstrated a case of taxpayers who wanted to test the limits of what is charity by donating their home to the fire department, temporarily, when they found this a cheaper route, compared to paying for a demolition.  They were told by their advisor seeking a deduction would be aggressive.  They also failed to sufficiantly cover themselves with a written acknowledgement and appraisal.  If they are going to get a tax benefit from doing something, they needed to document what they were doing a little better.
They got their demolition for free, they helped the fire department.  However they did not get any tax benefits.  
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"Your daughter is so nice, and you only give her 13/168! "

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I heard that from a client who said his wife told him this as a joke.  But its important to address why shares are the way they are in Islam.  Of course, a daughter does not always (or even most of the time) receive 13/168.  A daughter does not receive a fixed share, but it varies depending on the number of people who receive fixed shares.  Parents and the spouse generally receive fixed shares of inheritance. 
If anyone knows just one rule about the Islamic Rules of Inheritance, its that boys receive two shares for everyone share a girl gets.  It comes from the following ayah. 
 

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The translation, which comes from Assad:


"CONCERNING [the inheritance of] your children, God enjoins [this] upon you:The male shall have the equal of two females’ share; but if there are more than two females, they shall have two-thirds of what [their parents] leave behind; and if there is only one daughter, she shall have one-half thereof. And as for the parents [of the deceased], each of them shall have one-sixth of what he leaves behind, in the event of his having [left] a child; but if he has left no child and his parents are his [only] heirs, then his mother shall have one-third; and if he has brothers and sisters, then his mother shall have one-sixth after [the deduction of] any bequest he may have made, or any debt [he may have incurred]. As for your parents and your children - you know not which of them is more deserving of benefit from you: [therefore this] ordinance from God. Verily, God is all-knowing, wise."


Consider what the system is in the United States.  By default, in most jurisdictions the surviving spouse takes everything.  Often this is because of how property is owned in the first place.  Free alienation of property, not justice or equality is the overriding principle.  The idea the system in the United States values gender equality is mythology. This has never been the case. Many parents elect to distribute to their children equally, many do not.  Many do not distribute anything to their children or particular children, at all.  As I discuss elsewhere in my website, this often happens when people have no plan at all.   So the idea that when you decide on Islamic Inheritance you are moving from a system that espouses equality to one that does not, is no generally true. 


The other thing to consider is that in Islam, a husband has a support obligation.  Inheritance must be used to support one's family.  A wife does not have a similar obligation with inheritance assets, which can be used only to the benefit of herself.  The issue has to do with rights and responsibilities.  It has nothing to do with who the breadwinner is, or that sons are more deserving then daughters or anything of the sort.  

Thirdly, the Islamic rules of inheritance does not govern what you give to your children right now.  You can give your daughter $40 on her birthday and give your son $10 on his birthday.  You can also make lifetime gifting arrangements.  Keep in mind gifts larger then $13,000 (in 2010) would have a reporting requirement and may even be subject to a gift tax.  However in Islam, gifts are not restricted so long as they are not intended to injure the rights of the Islamic heirs.  

This rule has always been a non-factor in my practice.  People who plan based on the Islamic Rules of Inheritance already know this rule, know its source and tend not to argue about it.  Neither I nor my clients have any power to edit the Quran which is fair, equitable and just. As is.  If we follow he Islamic Rules of Inheritance, we accept that we do not know who is more deserving.  
  

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How to cheat death with liquid nitrogen and a scalpel

Long a topic of discussion at my workshops, because of the contrast it provides with the Islamic Rules of Inheritance, the New York Times did an interesting article on cryonics and how it affects a couple.  The perspective is somewhat more sympathetic and complex then what you may expect from someone hostile to the concept.  Not given extensive treatment here are the inheritance implications of cryonics.  Sometimes, people feel they are cheated of life by the slowness of science and so cryonics will help science catch up.    When it does, they want their money back.

This gets us to something called "personal revival trusts."  Here is an older article about a couple who wanted to create such a trust for the benefit of themselves and their dogs, who would also be subject to being frozen.  

Many Muslims often wonder if its possible to achieve distribution based on the Islamic Rules of Inheritance.  Inheritance can be a reflection of personal vanity, of fantastical notions of immortality, of the love of pets or it could mean you are fulfilling your duties as a Muslim.  Islamic Inheritance is the later, as there is no way to cheat death.   Lean more about Islamic Inheritance by following this blog and make sure you familiarize yourself with our guide.  
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Workshops

photo.JPGYesterday we had a great workshop at Masjid Ibadullah in Los Angeles.  The issues of concern to those who came to Islam later in life are dramaticaly different from most immigrants.  Planning also takes into consideration the fact that many people have fewer Muslim relatives and more non-Muslim relatives, who do not inherit by right in Islam.  The choices made are harder.  However the basic principles are the same.

Unfortunately I missed ISNA, some of you may have noticed I was on the program (those of you who were at the conference, know me and reviewed the program).  However because of the birth of my child (my second daughter) that weekend I was unable to attend.  I always find ISNA beneficial and look forward to next year insha Allah.  

Altadena, CA in August and other future dates

I plan to do my next workshop on Islamic Inheritance, including a step by step guide to Inheritance, the weekend before Ramadan.  I do not anticipate any workshops in Ramadan.  However I do plan to speak in Florida and other locations in Southern California after Ramadan.   The next workshop is going to be on August 7, 2010 after Maghrib at Masjid At-Taqwa.   If you are in the area, please stop by and encourage others to come. 

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Dying to avoid taxes?

Another article addressing the Estate Tax situation and the lengths people will go to avoid paying it.  It looks grim and its an interesting story.  The estate tax goes from 0 to 55% the very next calendar year.  Congress is unlikely to do anything.  So people will commit suicide, children will kill their parents.  Its all about taxes and its all so sad. 

However such articles, though they cite lawyers who talk about such things, do not address how it may be possible more many families to have estate taxes dramatically reduced or eliminated without going through such grim measures.  That's was lawyers in this area are supposed to do. No lawyer would ever suggest 2010 is a good year to die because Congress never got around to fixing a law. Not only should taxes not be a reason to make life or death decisions, the idea people are doing this is  melodramatic media nonsense.  If you have good enough advice, you would not be worried.  
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forced or unforced shares

The rights of the surviving spouse loom large when it comes to inheritance.  The surviving spouse often receives everything in the United States.  Indeed its fair to say the system is rigged that way.  However what about those who do not want to give everything to the surviving spouse.  The options exist from statute.

In California, its much easier to exclude, even fully exclude a surviving spouse. There are no forced shares in California.  In Probate Code § 21611 addresses this issue by stating a surviving spouse may be excluded if:

1) the exclusion is on purpose and made plain in the documents

2) There was a transfer made outside the estate plan meant to take care of the spouse and there is evidence of this

3) The surviving spouse does not want any inheritance

Of course the last one is obvious.  Though typically people want whatever inheritance they can get.  This provision is more relevant in more complex family situations, particularly in a second marriages, where litigation is more likely. 

   
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