Muslim Legal Woes of Varying Degree

When I first set out today to write a post, I wanted to write about this story: U.S. Muslims Fight Halal Meat Scam. ***Warning, this link directs you to Al-Jazeera English News page, so if you aren't yet being monitored by the NSA and don't want to be, maybe you don't want to click on it, lol***

Of course, half way through my post, I lost the wireless connection at school and my writing disappeared into an electronic vortex. Basically the article is proof of the fact that con artists can penetrate any aspect of our lives, as more and more American Muslims are learning that the meat that they buy from so-called halal markets is not actually halal. This is truly disappointing, especially as I would say that the halal market is almost completely controlled by people claiming to Muslims. Therefore, we are getting scammed by our own.

Interesting aspect is that the article mentions several pieces of legislation that have been proposed by various states to provide for a certification process for vendors of foods offered in compliance with religious laws (I guess Kosher and Halal, not sure what other ones are out there?) And then goes on to say that this may violate separation of church and state under the U.S. constitution if the state becomes involved. I don't really see how that is an issue, because this seems like a simple case of false marketing/deceptive advertising, which can be dealt with under laws already in place, either by the government or private parties. Although maybe Muslims are reluctant to sue their halal butchers?

On a more serious note, this topic has been popping up in quite a few forums: Internment Camps for Muslims? . Wayfarer brought it up first on her blog, and I thought I would give my "prediction" for what could actually happen, based on my deep knowledge of constitutional law obtained through my one semester course, although it was with the eminent Professor John Witte, which was one of the most challenging clases I have taken, as well as my worst grade in law school so far (which still wasn't that bad, but I'm not telling...)

Ok, so for those of you who remember your history, the U.S. already put the Japanese in internment camps during WWII. A case was actually brought to the Supreme Court contesting this as a violation of due process and equal protection. In Korematsu, the Supreme Court upheld the government's use of their "police power" to protect the country in a time of crisis. The issue here was that the program has to be "narrowly tailored" enough to meet the government's goal.

Korematsu has gone down in history with cases such as Dred Scott (upholding the legality of slavery) and Plessy (upholding the legality of segragation), as being a notoriously unjust ruling. However, unlike Dred Scott and Plessy, Korematsu has never been overruled. This means that in another time of war, it is still legal under Supreme Court jurisprudence to place people of certain nationalities in internment camps, provided that the government can prove that they pose a threat to the safety of the nation.

Additionaly my professor put this hypothetical to us, which was put to him and other professors at a think tank called by John Ashcroft following 9/11.
Hypo (taken directly from my class notes):
What if dirty bomb was dropped on Atlanta by Zarquawi and his followers. He then declares that Iraq has struck the U.S. and credits Iraqi terror cells located in America with a victory. Could we round up every Iraqi- American citizen or subject and put them in an internment camp? (This was Ashcroft’s hypothetical).

The answer is Yes!!!!!

Now, what do I think realistically can be done under a ruling like Korematsu.

- Could people of certain nationalities or ethnicities be placed internment camps? Probably

- Could all Muslims be placed in internment camps? Probably not. Why? Because this characterization is too broad to meet constitutional challenges for the narrow tailoring requirement (mentioned above).

- What would be the most likely scenario? All people of certain nationalities (predominantly Muslim countries) residing in the U.S. who do not have citizenship could be rounded up, placed in camps, and eventually deported. Although, who knows who long that could take? In more extreme situations, naturalized citizens could be stripped of their citizenship and deported as well (this happened quite a bit during the McCarthy Era, and I wrote a paper about it, if you are interested in that too, let me know).

Just my viewpoint on the legal actualities of what could happen, but insha'Allah none of this will never, ever happen.

Sorry if the stuff above is too technical, or I dissolved into "lawyer talk." If I didn't make something clear, please let me know and I will try to explain it better.

Professor Abdullahi Ana'im: Cartoons of the Prophet: Neocolonialism and the Politics of Protest

For anyone interested in this discussion I thought that it was a great analysis of the Cartoon issue, but it is much deeper than that. I just always enjoy Professor Ana'im's point of view and I am really lucky to have access to an expert like him at my school.

Cartoons of the Prophet Audio File

Should I go to the Law School Prom?

Tomorrow night is my school’s “Barrister’s Ball,” or as we like to call it, the law school prom. We are supposed to get dressed up and go to this “dance.” They even elect a prom king and queen from the 3L class!!!! It is true that law school is much more like high school than undergrad. We even call our school (Gambrell Hall), Gambrell High, lol. I didn’t go last year because there is no way that I am going to get M to dress up and go to a “prom.” So this year, there is a big group of my girlfriends going and I thought that maybe I would go with them, even if M doesn’t come. Just to say that I went to one. Of course, I will definitely be more of a wall flower than a party animal, but I think it will be fun just to hang out with my friends and wear a pretty dress. Here is the dress I am thinking about wearing… What do you think? Should I go or not?

I am going to wear a cardigan over the top so that it is a little more modest.

Amazing, Beautiful Pictures

Please check out the blog: Muslim Cultures

These are some of the most amazing and beautiful pictures I have ever seen, representing the radiant diversity of our Ummah! The photographers are obviously very talented.

A woman is like an artichoke, you have to do some work to get to her heart.
- Steve Martin as Inspector Closeau in The Pink Panther

Did you know that artichokes flower?

Sportsmanship in These Olympic Games, or Lack Thereof

Is it just me, or do these Olympics seem to be all about drama? Controversy has been plaguing these games since before they even started, from Bode Miller’s admissions of drunken skiing antics on 60 minutes to the dismissal of the U.S. skeleton team’s coach for alleged sexual harassment of team members. Despite the fact that we often put athletes on a pedestal and expect them to act with character and behavior above the average man, these games have highlighted the fact that often athletes fail to meet the standards that we place on them. Admittedly, sometimes we place to high a standard on athletes, especially at the Olympics. However, the open displays of pettiness and lack of sportsmanship at the Olympics this year have really gotten me down on the whole event this year. I am talking about two specific instances in the past week that have really struck me as displaying a disappointing attitude by Olympic athletes.

Issue #1- The Shani Davis Controversy
First let me say Congratulations to Shani Davis on the first individual gold medal to be won by an African American athlete in a winter Olympics, EVER! I am truly appalled by the way that Shani Davis has been treated by his own teammates and the media. He has been called selfish and unpatriotic for refusing to skate in the team pursuit. He never agreed to skate in the team pursuit and it was 2 days before his most important individual event. He made the decision way in advance not to skate in the team event. However, his “teammate” Chad Hedrick decides to have a temper tantrum because Shani’s decision to focus on his own best event kept Hedrick from winning 5 gold medals. The root of his complaint is not that Shani was not a team player, but that Shani didn’t put his own goals on hold to help another teammate (Hedrick) reach his. Hedrick was even so petty as to refuse to congratulate Shani on his gold medal and instead only saluted the silver medal winner (Cheek) at the award ceremony. Makes me ashamed that Hedrick is representing America at the Olympics, not to mention the reaction by many Americans who have derided Shani for his decision (someone even went so far as to call him the n-word on a post to his personal website!). I could say a lot more, but this author does it better: Shani Davis Disrespected in His Moment of Glory

Issue #2- Ice Dancing Prima Donnas or The Glare Heard Round the World
Two nights ago ice dancing turned into a “demolition derby” with an unprecedented five couples falling during the competition. The Canadian couple had to quit because the girl was dropped on her hip from about five feet in the air. (Sorry I don’t know peoples' names). And then you have the Italians, who fell right at the very end of their otherwise beautiful performance. When they stopped in their poses, they glared, and I mean glared, holes through each other. You could just see that each of them was blaming the other for the fall. Hellooooo, you are a team, when you fall, you both fall. Next night, all during warm-ups and up until they entered the ice they refused to speak to each other and kept giving each other eat-s***-and-die looks. Unbelievable. They came out of retirement for this and that is how they want to remember their last Olympics? Luckily they came out and skated to a very passionate and aggressive score (I think if their skate was romantic they would have bombed) and did really well and apparently forgave each other in the end. But it was disappointing to see them acting like children on international television.

Maybe I am just being too hard on people, but I have always expected more from Olympic athletes than from the pros or even most college players. Where are the personal interest stories that make me want to root for someone? Its just not here for me this year so far. I hope that this week will be better, we shall see.

Do You Sudoku?

Add this to my long list of procrastination tools. I have become very creative in finding ways not to do school work. Right now my top procrastination methods include

1. Watching the Winter Olympics (hey it only comes around every 4 years).

2. Reading books that are not in any way related to law school (see my consuming list).

3. Playing Sudoku, my new addiction(my mom acutally gave this book of puzzles to M for Christmas and I have done all of them)

4. Playing with my blog and reading everyone else's. (But how can I resist, you all are so fascinating!)

5. Cleaning the house, yes that is right, I would rather clean the house than read for the classes I am taking this semester (have you seen the classes I am taking this semester).

Please feel free to suggest new means of procrastination at anytime, I am open to all your ideas :).

The Quartet Meme

I got tagged by Baji about 2 weeks ago and didn't notice it until last night, so I will do this meme too. Sorry if I am boring everyone with memes :).

Four Jobs I’ve Had in My Life
1. Waitress- I was a waitress for 4+ years at two Italian Restaurants and a County Club (which was not very fun)
2. Smoothie Maker at Smoothie King- I did this for quite a while too and it was a lot of fun, but smoothies make you fat when you drink 2-3 a day
3. Sales girl at Express- I lasted here for two weeks only. The other employees were stuck up and I picked the wrong time to start working here (Christmas season, ack!)
4. Clerk for State Court Judge- awesome, awesome experience. Maybe I will try for a Court of Appeals Clerkship after I graduate (insha'Allah!)

Four Movies I Could Watch Over and Over, and Have
1. I don't really like to watch movies over and over and when I do they are soppy romantic comedys, so French Kiss
2. Moulin Rouge
3. The Usual Suspects (M's favorite, not a romantic comedy, but good movie)
4. Sleepless in Seattle (I'm a Meg Ryan fan, there its out in the open)

Four Places I Have Lived
1. North Carolina
2. Alabama
3. Georgia

Four TV Shows I Love To Watch
1. Cold Case Files, City Confidential, and American Justice (I can watch A&E for hours)
2. King of the Hill (hilarious, especially now that my parents live in Texas)
3. Rescue Me
4. Nip Tuck (I know, isn't it awful)

Four Places I Have Been On Vacation
1. Europe (3 times)
2. Canada (2 times)
3. Bahamas (2 times)
4. Las Vegas (Once was enough!)- the detour to the Grand Canyon was amazing.

Four Websites I Visit Daily
1. My blogroll
2. Beliefnet discussion boards
3. My yahoo groups
4. Ebay

Four Favorite Foods
1. Country fried steak and mashed potatoes
2. Macaroni and Cheese
3. Chicken Katakat with fresh naan
4. Trout Nociialo from Carrabba's

Four Places I Would Rather Be Right Now
1. Dallas with my parents
2. On a cruise
3. Visiting Karachi
4. Alaska, well not right now, I'd like to wait until summer

Four People Whom I Tag Next
1. Pixie
2. Blossoms of Thought
3. Anyone who hasn't done it yet that wants to.
4. Seems like everyone else has done it, so I won't retag someone

I got tagged for my first meme!

I got tagged by wayfarer for my first meme :) and it looks like a fun one too. I tag you, anyone who is reading my blog and hasn't done this one yet :).

1. Your name spelled backwards.- alasam nrehtuos (sounds like an ambassdor to the UN)
2. Last incoming call on your phone- M, of course, he is pretty much the only person who calls me
3. What is the last thing you downloaded onto your computer? A pocket Qur'an to go on my Treo 650, pretty cool
4. What's your favorite restaurant? Favorite desi restaurant- Moghuls, Favorite other restaurant- Carrabba's Italian Grill. I worked there for 3+ years and I still think that they have the best Italian food.
5. Last time you swam in a pool? This summer, me and M snuck downstairs to the Condo pool after midnight and swam around when noone could see me. Well, I swam around, he just sat there cuz he can't swim. I've tried teaching him and he almost drowned me.
6. Have you ever been in a school play? Once, I had like 2 lines and spoke from offstage. Does that count?
7. 2 or 3? 2?
8. Type of music you dislike most? Rap, I think that the lyrics and videos ar disgusting, objectify women, and glorify criminal life. I know that there is some rap out there that doesn't, but I just don't have time to try to find the speck of good in the load of garbage that is out there.
9. Do you have cable? Yep, what would I do without A&E and Discovery Channel?
10. Have you ever ridden on a 4 wheeler? Suprisingly no, and I grew up in Alabama!
11. Have you ever made a prank phone call? Yep
12. Boyfriend/Girlfriend? Nope
13. Would you go bungee jumping or skydiving? Neither, roller coasters are my limit. I went on the Agoraphobia thing at Six Flags and almost threw up.
14. Farthest place you ever traveled? Austria. This summer I am going to India and Pakistan, insha'Allah!
15. Do you have a garden? Do two window boxes on my balcony count?
16. What's your favorite comic strip? Muttz, I think they are so cute
17. Do you read a newspaper every day? Nope, I get my news online.
18. Do you really know all the words to your national anthem? Definitely.
20. Best movie(s) you've seen in the past month? I haven't really seen any great ones. Wedding Crashers was pretty funny.
21. Favorite pizza toppings? Extra cheese, mushroom, hamburger, pineapple, mmmm
22. Chips or popcorn? Chips and french onion dip! (secret addiction)
23. Have you ever smoked peanut shells? Who has?
24. Have you ever been in a beauty pageant? No
25. Orange Juice or Apple Juice? Orange
26. Who were the last people you went out to lunch or dinner with? Excluding M, I went out with Wayfarer and her dh and their cutie pie
27. Favorite type chocolate bar? White chocolate Reese's Cups
28. When was the last time you voted at the polls? The 2004 election, I also served as a poll monitor.
29. Last time you ate a homegrown tomato? Last summer when I visited my parents in Dallas.
30. Have you ever won a trophy? Lots of them, most for soccer. I played competitive soccer through high school and NCAA DI in college.
31. Are you a good cook? I think I'm alright, M eats it.
32. Do you know how to pump your own gas? Yes, is there anyone under the age of 80 who doesn't?
33. Sprite or 7-Up? Sprite
34. Have you ever had to wear a uniform to school/work? Yes, four years of catholic school and various part time jobs.
35. Last thing you ate? Hamburger steak and green peas. I am doing the South Beach diet and it is only the first day and I think it is hard.
36. Ever thrown up in public? I don't think so, but I may not remember it...
40. Who was the last person you visited in the hospital? Our family's last exchange student from Germany. She got into a car accident on Prom night and had to have minor surgery.
41. Did you have long hair as a young kid? Never really long, from about 2nd to 4th grade I had a bowl cut. Horrors!
42. What messages are in your voice mail? None
45. What kind of bag do you have, and whats in it? Plain black one, keys phone, wallet, tons of random pieces of paper
46. What was the last thing you drank? Water, trying to cut back on my diet coke intake
47. What is one thing you are grateful for today? The beautiful weather (70 degrees today!). Cancelled classes and afternoon naps!
48. What do you think about most? My faith, my family, school, my future
49. What is your new years resolution? Be a better Muslim, work on learning new languages, lose 20 lbs before this summer.

Sins of their Fathers

This is an issue that touches closely on areas that I am interested in, both in the areas of immigration law and education law. The Georgia State legislature is attempting to pass a bill that will deny public services to illegal immigrants, including post-secondary education and health services. See this article for a description of HR-256 Rogers to Revise Immigration Bill.

Now, just for minute, lets concede that it is legitimate to deny health care and education to people who entered this country as adults. They came here of their own free will, they knew that they were breaking the law. But these same people have brought their children with them. These children had no say in where their parents chose to live and in what manner they chose to establish their residence there. Yet we are willing to allow a generation of children of illegal immigrants to be denied healthcare and education because of the sins of their parents? Not only will people without documentation be turned away from public clinics, any private clinics which receive funding from the government will be required to check the documentation of patients and turn away those who are here illegally! Guess they need to tack that clause onto the hippocratic oath.

When they first introduced the bill they wanted to deny access to public schools for the children of illegal aliens as well. Apparently someone finally figured out that the Supreme Court has ruled on this issue more than 20 years ago in Plyler v. Doe, ruling that you cannot deny primary education to children based on their immigration status. Despite the ruling in Plyler, this ruling has been severly limited in further decisions. Consequently, there is no fundamental right to education in the United States. Amazing isn't it? The "most developed" nation in the world does not guarantee the right to its children to receive an education. Ok well now I am off on a tanget.

If you want to send a letter to your Georgia State legislator asking them to vote no on HR-256, or a letter to your United State Representatives asking them to support education for ALL children in this country: click the link below
Letter Writing Action for the Coaltion for New Georgia

Armadillo Fruit Salad?????

I talk in my sleep. I have done this since I was a kid, but in recent years I have become much more fluent in sleep talk. I think that this is because M thinks it is funny to talk to me when I am sleeping and see what I will say. A lot of times he will talk to me in Urdu. Last night he told me that we was saying Karachi janne? (Do you want to go to Karachi?) And I kept saying haan. A few days ago I started laughing out loud while I was sleeping. I woke up M and he started laughing too. When he asked me what was so funy, I said "armadillo fruit salad." What the???? I have no idea where that could have come from. I have no memory of any of it either, he had to tell me about it the next day.

The sleep talking thing is genetic I think, my mom is notorious for talking in her sleep too. One time she cussed my dad out so bad while she was sleeping and he didn't realize that she was asleep. He didn't talk to her for a couple of days and she had no idea what was wrong!

One of my most embarassing moments of my teen years comes from a sleep talking experience. This guy had asked me out several times and I kept turning him down because I just didn't think he was attractive (shallow I know). So finally I thought I will give him a chance and agreed to go out with him. I told my mom before he came to pick me up that he wasn't that cute, but was really nice. When we came home that night the light was still on, but my mom was asleep on the couch. He insisted on coming in to say goodnight to her, although little warning bells were going off in my head. As we came in she said in her sleep, "I don't know, I didn't think he was that ugly." Needless to say, I was mortified and he never asked me out on another date again.

Diet

Has anyone out there done the South Beach Diet? Did it work? How much weight did you lose? Was it really hard? I am wanting to lost about 15-20 pounds before I go to Pakistan this Summer! I want my stomach to look like it did when I was playing ball in college. I weigh the same as I did in college, but all of my muscle has turned to flab. So I want to loose it. I am glad that I have lost some of my muscle though, I looked way too bulky before. I had huge shoulders and huge thighs and even my pecs were too big. So let me know if I should get the South Beach Diet Book!

My First Ashura

I have been a Shi’a Muslim for 2 years now. I have fasted for two Ramadans, but I had never experienced Ashura until now. The night of Muharram, that night I went to the majilis first and listened to the speaker. I felt my chest tighten and my throat close as he painfully described the murder of Imam Husayn’s tiny six month old son as he held him in his arms. Yet I did not cry, every night of Muharram I had felt this tightness, a shortness of breath that often precedes tears, but I could not cry. I could not weep like the other ladies who put their heads down and sobbed as the Maulana recounted each night the fateful moments of Karbala.

Leaving the Majilis, I returned home to study and think about what I had learned that night. Meanwhile, M had come and gone to the Urdu Majilis which started after the English session. He called me to say that he was going with some people to the Jaafari mosque, a somewhat bigger mosque closer to my house. I told him that he should just go and I would go tomorrow. It was already past midnight. At 1 am he called and told me to come downstairs, there were so many people there, close to a thousand, that he wanted me to see it, he was coming to pick me up. I went down stairs and we drove to the mosque.

Here, he said, take your phone and keep it close to you. If you get scared, call me and we will come out. He dropped me at the door and went off to find a parking spot. From a hundred yards away I could the grey-white smoke wafting from the doors. People were milling through the parking lot and standing in the doorways. I slowly made my way to the front, looking for any familiar face.

Entering the mosque the final plaintive strains of the Ziaraat were being recited. Assalaamu Alaikum, peace be upon you, Husayn, a final farewell. I joined the throng of women that pushed to fit behind the meager barriers. Women pushed me to move, move. Where was I going? I was so confused. I managed to squeeze into a space and to find a friendly face, a sister to help me, she pulled me closer to her. The smell of the incense was strong in the air. I watched in amazement as the men lifted an enormous replica of the tomb of Husayn onto their shoulders and carried it around the room, straining against the awkward weight. The flag bearers, carrying the Alam, followed them, balancing their precious banners precariously.

Then the nohays began. The rhythmic chanting filled the room, swelling, overriding all other sounds, an ocean of sound, a living pulse. It drew me in inexorably and the crowd began to carry me forward. Towards the tomb and the alams, my friend grabbed my hand reassuringly. Ya Husayn, Ya Husayn, we cried, beating our chests to the rhythm of the room.

The crowd brought me forward, leaning, desperate to touch the tomb, the alams, touching and kissing, wiping their faces. I reached out tentatively to touch the alam and then, as soon as I was there I was swept away again by the crowd.

I turned to face the crowd of men who stood there, mourning, beating their chests to the rhythm of the nohays. The smells of sweat and incense mingled in the air. On and on it continued, Ya Husayn Ya Husayn. We are here, we will not forget you. We will not forget what you did for us, you saved Islam for us and we will not forget your sacrifice. We will not let our children forget your sacrifice.

The pure physical connection to God was present in that room. In the rhythm and the smell, in the sweat and the tears, so far removed from the cold and sterile God of my previous Christianity. This was life, this was love, this was faith. Husayn’s sacrifice is life, it is love, it is faith. And now I was experiencing genuine connection between the spiritual and the physical for the first time in my life.

Finally I turned from the scene and met M in the parking lot to go home. What did you think, he asked. As I turned to him, the tears welled up in my eyes. Finally, I could cry. I could cry for Husayn, for his baby, for his brothers and sisters, and companions who laid down their lives that Islam may live. I could cry for every man who fought for his beliefs only to be slain by injustice and tyranny. I could cry for every baby who thirsted for water, only to be denied by cruelty. At the end of Ashura, as I stood there in that parking lot, I know that 2 years ago, I made the right decision- La ilaha il Allah.

Ashura 2006

Every Day is Ashura, Every Land is Karbala

The Battle of Karbala
A Marthiyaa of Anis, translated into English verse by David Matthews, Rupa Co.
The sun had run his journey o'er the night;
Unveiled, the Dawn revealed her glorious face.
The King who rides the heavens saw her light
And called his brave companions to their place.
'The time has come at last; to God give praise;
Arise! In fitting prayer your voices raise.
Brave hearts! For strife and slaughter dawns this day;
Here the blood of Muhammad's race will flow.
'Zahra's darling, honoured, seeks the fray;
The night of parting fades 'neath union's glow.
'We are those for whom the angels weep;
To live this day we sacrificed our sleep...

And here amid the thorns the Prophet's flowers
Imparted fragrance to the desert lands;
The house of Fatima faced its last hours
In the garden planted by Muhammad's hands
This garden cut down in those ten sad days,
By traitors wasted, cruelly set ablaze...

Here sad laments and pleading supplication;
But there oppression, cruelty, wicked deeds.
Umar, son of Sa'ad cried, 'Keep your station!
Watch the river, guard the banks and meads !
Husain is without water for two days.
Let him not drink a drop until he pays...'

Baqir rests, Sakina is in a swoon;
This feverish heat our babies has oppressed.
In tears they sleep, their faces like the moon,
Weak from hunger. Where to give them rest?
Theirs is no fault. Why do these arrows rain?
They seek the coolness of the breeze in vain...'

Suddenly arrows rained upon the horde.
Husain advanced and pleaded with his foe.
His thirsty friends came to protect their Lord;
They struck the Syrian force and laid it low.
With swords held high, the fight was underway
All strove like Malik Ushtar in the fray...

'Mid dead and dying stood the lone Imam.
The Prophet's cloak was soaked in crimson gore.
Dejected, anxious, thirsty, in alarm,
He heard their victory drums; the enemies' roar
Proclaiming slaughtered martyrs broke his heart;
It pierced his spirit like a poisoned dart.

Only he who grieves can understand.
The garden of life's toil now wasted lay.
No rest from lamentations cruel hand
The lamps were out that once burnt bright as day.
Scattered limbs exposed to seering heat;
On Ali Akbar's corpse there was no sheet.
The King of the Age moved slowly to the tent;
He could not bring his thirsty lips to speak.
Lifting the flap, he cried: 'My heart is rent!
My sister, it is Asghar that I seek.
Now bring him from his cradle to the door
I long to see his moon-like face once more.'

But now enough! No more, Husain! No more!'
Tis time to rest. The horse pants from the heat.
The time for prayer draws nigh.
The battle's roarIs over now for thee.
No more! Retreat!No one can fight thus, thirsty in the throng.
Attend to thy dear kin, and soothe their wrong.'

Sheathing his sword, the King; cried: 'I obey!'!
'The Day of Judgement came upon the world.
The enemy stood like animals at bay.
Their arrows fixed, their standard's flag unfurled.
Husain stood helpless. See and you will know
Your helpless Lord alone before his foe!

Ten thousand arrows dashed upon his chest;
A hundred at one time sought out their prey.
The spears transfixed his side and pierced his breast;
Ten stuck for every four he pulled away.
The Shadow of the Lord was filled with spines,
Like needles in the backs of porcupines.

From all directions arrows poured like rain;
Assassins rushed with spears and daggers bared.
Such pain befell Husain. Such pain! Such pain!
The one who on the Prophet's lap was reared.
No one to pluck the arrows from his chest.
No one to lift him to his place of rest.

To read the Poem in its entirety click here: The Battle of Karbala

Phew!

I am finished with my comment, alhhumdullilah! I can't write anything else right now because I am brain dead.

Hate Speech

I wrote this short paper last year as part of my Criminal law class and an exercise in comparative law. With the recent controversy over Danish caricatures of our beloved Prophet, I ask, do the cartoons qualify as hate speech? Especially considering the fact that they were reprinted in German and French newspapers which have specific hate speech statutes on the books. Will those editors be prosecuted? Seems like hate speech applies to every group but Muslims. Please note that I in no way condone the violence that Muslims around the world are engaging in as a means of protest. For a great post that pretty much speaks my viewpoint on the issue see Aisha's post on It's My Life (on my blog list).


Hate Speech in Germany and South Africa.
Hate speech is defined as any communication that “degrades a person or group of people based on race, religion, gender, sexual orientation, or other distinguishing status.”[1] In examining the controversial tension between the values of freedom of speech and freedom from prejudicial and discriminatory speech, the differences between Germany and South African provide insight into this area of the law. Both nations retain vivid memories of a history of repression and violence against a specific class or group within their society. However, they have responded in vastly different ways to the problems accompanying such infamous histories.
The basis for German Hate Speech legislation finds its roots in the German Constitution (“Grundgestz”), which was created under allied guidance after Germany’s surrender during World War II.[2] The constitution allows for the promulgation of such laws as are necessary to promote the protection of the youth and of personal honor.[3] Although the constitution provides a fundamental right to freedom of speech, it also provides that this right may be forfeited if that speech is used to promote the violation of the rights of others or if it offends the “constitutional order or the moral code.”[4] In Germany, hate speech is classified as a violation of the personal honor and rights of others. Therefore under Germany’s Basic Law, the government is given the right to limit freedom of expression and has done so through the passage of several laws outlawing hate speech.[5] These laws especially target neo-Nazi groups and ultra-right wing political parties whose rhetoric add to the increasing problem of hate crimes in Germany.[6] These laws specifically outlaw acts against “parts of the population” which lead to the “incitement of hatred, provocation of violence or lawlessness, and insult, ridicule, or defamation.”[7] [emphasis added]. Further related laws prohibit the selling of certain “dangerous materials” to people under the age of eighteen, and “inciting the public to race hatred.”[8] Thus, in Germany the dangerousness of certain forms of speech outweighs the concerns regarding freedom of speech.
South Africa, also known for its own forms of invidious discrimination and violence against a specific group within its society, has addressed the concerns over hate speech in a completely different manner. The “New South Africa” is significantly closer in time and therefore all the possibilities and ramifications for hate speech legislation have yet to be examined. However, South Africa has already shown one step away from strict legislation of hate speech through its rejection of a hate speech provision in its new constitution promulgated in 1992.[9] While several proposals were made during the drafting of a Bill of Rights for the New South Africa, none of these were accepted in the final version. Certain key passages pointed towards the ability to allow the state to enact legislation prohibiting racial hostility, along with many other forms of hostility, and allowing the state to prohibit the dissemination of racially divisive materials which “insult, degrade, defame, or encourage abuse of any … group.”[10] Ultimately, the African National Congress rejected these additions for several reasons. Among them were qualms as to the ability to criminalize insults, the practical ability to apply laws limiting speech, and the fact that the black majority, having finally seized political power were not feeling “powerless or excluded as a result of racist expression” any longer and did not feel a pressing need to criminalize hate speech.[11] Only time will tell as to the needs of the South African society in the future and to whether they will feel a need to ban racist speech at a later date.
Although Germany and South Africa share a past steeped in violence and oppression of minorities, each country has chosen to approach the problem of hate speech in a different way. Germany looks to protect all classes of minorities within its borders from the resurging dangers of neo-nazism and increasing xenophobia through the regulation of speech. Meanwhile, South Africa’s recently oppressed population finds itself suddenly in the seat of power, perhaps lessening feelings towards the necessity of legislation criminalizing hate speech, and choosing not to add provisions to its constitution allowing for such legislation.
[1] Appleman, Bradley A., Note and Comment: Hate Speech: A Comparison of the Approaches Taken By the United States and Germany., 14 Wis. Int’l L.J. 422, 422 (1996).
[2] Id at 428.
[3] Id.
[4] Id. at 429.
[5] Id. at 431.
[6] Id. at 432.
[7] Id.
[8] Id. at 433.
[9] Neisser, Eric, Hate Speech in the New South Africa: Constitutional Considerations for a Land Recovering from Decades of Racial Repression and Violence. 3 D.C.L. J. Int’l L. & Prac. 335, 355 (1994).
[10] Id. at 354.
[11] Id. at 355.

National Lampoon's Redneck Wedding

Here is a good story from back in my home state of Alabama -->

For those of you who don't know, I grew up and went to college in Birmingham, Alabama. When I was a freshman in college I was invited to the wedding of an acquaintance of mine from high school (at the ripe old age of 18). So being the first friend of mine to ever get married, of course I had to go.

The wedding was to be held at sunset on the banks of the Warrior River, aw how romantic. I had no idea where I was going, but I was warned by a friend who was going as well that I should leave early because it would take at least an hour to get there, even though it was only a few exits away on the interstate.

So I coaxed my boyfriend of the time to go with me. His response was no way, they are going to lynch me out there (speaking as a relatively dark skinned Hispanic man). But I made him go anyway, I still didn't believe that it could be that far out in the country.

We are driving along down a highway, then a two lane road, then an unlined blacktop, then a gravel road, then two ruts in the middle of a field and finally an hour later we get to the site of the long anticipated nuptials. At this point, Jose refused to get out of the car until I threatened to kick him out and leave him there.

So we get out and head towards the river where the site for wedding was designated by pews made from hay bales. There were those tiki torches which people use for luau parties on the end of the rows of haybales. So we went and stood in front of a hay bale as the bride appeared, radiant in her prom dress worn for the first time only a few monts before, and barefoot. The groom was also barefoot wearing a white untucked shirt and black pants. At this point the soot from the tiki torches is blowing into the guests eyes and a large golden retriever appears out of nowhere and begins jumping on us (yes, a dog), although this probably didn't bother most guests, as I felt overdressed in my sundress compared to most of the other guests' blue jean cut offs and fringe leather vests. The vows are then exchanged without a hitch. The minister informs us that no rings will be exchanged as the bride and groom will be tatooing their wedding bands on their ring fingers (how Pamela Anderson and Tommy Lee!). Then its time for the reception!

We turn and march 100 yards down a hill to where the grooms parents have set up a tent in their front yard for the reception where plenty of barbecue, coleslaw, and cold beer await the guests. The bride and groom complete a wonderful toast with pink lemonade (as obviously they are too young to drink alcohol). But wait, something was missing... the music. Don't worry, an obliging guest simply backed up his JEEP wrangler, took down the soft top and blared some CD's from the car stereo.

What more can I say? I heard about six months later that the marriage had ended after 4 months of bliss and stocked this story away as quite possibly the most amazing redneck spectacle I have ever seen. And I'm glad that I went.

My First Muharram Majilis

I went to my first Muharram majilis last night. Even though I have been Muslim for over 2 years now, I had never been to a mosque until this Ramadan. The English majilis was amazing! The maulana (sp?) was a very good speaker and his speech had everything, laughter, wisdom, and of course, tears. The well of emotion that occurs at these events is just amazing and it sweeps over you like a wave. Suddenly you are crying for people who died over a thousand years ago, but it seems like it is happening all over again through the maulana's words. It is a very difficult thing to explain until you have been there, but I am looking forward to the majilis for the rest of the week and to learning new things and experiencing new emotions insha'Allah.

Doe v. Walmart

Ok, so I know I haven't posted in a while, but I have a good excuse that will have to get me through until Monday. My final draft of my Journal Comment for the Emory International Law Review is due on Monday (30 pages), and I have been procrastinating quite nicely up until this point. If I write well enough there is a chance that I could get it published!

If you are interested in my Comment, which is about labor abuses overseas, especially those committed by Wal-Mart, check out the NGO who is suing them for breach of contract here http://www.laborrights.org/.

So wish me luck and insha'Allah, I will be back to posting more soon.

My Top 10, See these movies!

Amelie- The story of a shy and quirky French girl who embarks on a quest to make people happy. She learns a lot about herself in the process. This is just a beautiful film and an interesting story. It's in French, so expect subtitles. Actually,
most of my top ten are foreign films because apparently Hollywood doesn't make good movies anymore.


Children of Heaven- This is a beautiful story about a little boy in Iran who loses his sister's shoes and then decides to share his with her so that they can both go to school. They make a kind of weird relay where he runs from school to give her the shoes and then she runs to school. It's just very simple and sweet. In Farsi with subtitles. Broaden your mind, learn new languages!


The Terrorist- This is loosely based on the true story of Thenmuli Rajaratnam (also known as Dhanu), who assassinated Indian Prime Minister Rajiv Gandhi in 1991. It gets into the mind of a woman suicide bomber fighting with the Tamil Tigers and grants a humanizing look to the motivations behind someone who would do such an atrocious act. It also has beautiful cinematography. In Tamil with subtitles.

Hotel Rwanda- This movie displays in vivid detail the horrors of the conflict between the Hutus and Tutsis in Rwanda and the bravery of one man who worked very hard to save as many people as he could. This is an important film becuase so few Americans actually know about this, one of the worst genocides of all times. And this one is in English!

Life is Beautiful- This movie is about the Holocaust, but much more than that it is about a father's love for his family and his willingness to sacrifice everything just to make his son smile. This movie has both incredibly funny parts and incredibly sad ones as well. Watch it in English or Italian!


Rabbit Proof Fence- The story of three little aboriginge girls during the 1930's in Australia when the government supported extreme measures to assimilate half-white, half-aborigine children into the population. The girls are stolen from their mothers and taken to an orphanage, where they escape and travel thousands of miles back home. Amazing true story! Expect both English and Aboriginal language (not sure what it's called?).


The Station Agent- This is the story of a dwarf (I think this is the PC term?), who loses his best friend and moves to the countryside, only to make an odd group of new friends whether he wants them or not. This is kind of a strange movie, but beautiful in its own way. It makes you think. English.

The Message- A true classic and the Musilm equivalent of the Ten Commandments. It is my goal to make watching this movie a Ramdan tradition for my family in the years to come. Truly tragic that it's talented director, Mustafa Akkad, was murdered by terrorists in Jordan only a few months ago. In English or Arabic



Garden State- An anthem for disillusioned twenty-somethings, this movie is thought provoking and the cinematography is good. See it just for the soundtrack if you must! English.



Earth- The story of what happened in the troubled city of Lahore during the 1947 partition of India and Pakistan, told through the nuetral eyes of a young zorastrian girl. The film highlights the religious tensions between Hindus and Muslims and the damage caused by centuries of colonialism and repression. This is not your typical Bollywood film and a must see for anyone interesting in the history of both nations. In Urdu/Hindi with subtitles.