Muslim-Americans

Roger Williams University Law Review, Dec 2008

By Nina J. Crimm, Published on 01/03/08

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Muslim-Americans

Russia's Terrorist List Muslim-Americans' Charitable Giving Dilemma: W hat About a Centralized Terror-Free Donor Advised Fund? Nina J. Crimm 0 1 2 0 This Symposia is brought to you for free and open access by the Journals at 1 Crimm, Nina J. (2008) "Muslim-Americans' Charitable Giving Dilemma: What About a Centralized Terror-Free Donor Advised Fund?," Roger Williams University Law Review: Vol. 13: Iss. 2, Article 3. Available at: 2 St. John's University School of Law Recommended Citation - Article 3 Follow this and additional works at: http://docs.rwu.edu/rwu_LR Muslim-Americans' Charitable Giving Dilemma: What About a Centralized Terror-Free Donor Advised Fund? INTRODUCTION Islam and Judaism share numerous common beliefs and traditions. Like Judaism, some Islamic traditions and rituals can be traced to the Hebrew prophet Abraham (Ibrahim).' The Torah and the Qur'an both honor Abraham (Ibrahim) for his devotion and willingness to submit to, and sacrifice for, God.2 One such shared form of religious sacrifice and spiritual tradition is obligatory charitable giving. Religious laws obligate Jews to give tzedakah. 3 One of the five pillars of Islam is the imperative of * Professor of Law, St. John's University School of Law; LL.M. in Taxation, Georgetown University (1982); J.D. and M.B.A., Tulane University (1979); A.B., Washington University (1972). I wish to thank my research assistant, Amelie Brewster, for her valuable assistance. 1. See Mona Siddiqui, Ibrahim-TheMuslim View of Abraham, BBC, http://www.bbc.co.uk/religion/religions/islam/history/ibrahim.shtml (last visited Sept. 13, 2007). 2. See id. 3. The word "tzedakah" is derived from the Hebrew word "tzedek," which means "righteousness, justice, fairness." Jewish Virtual Library, Tzedaka, http://www.jewishvirtuallibrary.org/jsource/Judaism/Tzedaka.html (last visited Feb. 28, 2008). Perhaps the most important obligation Judaism imposes on the Jewish people is to perform deeds of justice. Id. The Torah commands: "Tzedek, tzedek, you shall pursue." Deuteronomy 16:20, quoted in Jewish Virtual Library, Tzedaka, http://www.jewishvirtuallibrary.org/jsource/ JudaismTzedaka.html (last visited Feb. 28, 2008). The Talmud instructs: "Tzedakah is equal to all the other commandments combined." TALMUD, Bava Batra 9b, quoted in Jewish Virtual Library, Tzedaka, http://www. jewishvirtuallibrary.org/jsource/Judaism/Tzedaka.html (last visited Feb. 28, 2008). The Torah provides that Jews tithe ten % of their earnings to the poor zakat.4 Both Islam and Judaism also have been the inspiration for long-standing intellectual heritages. Each religion claims learned and esteemed philosophers who have attempted to unite religion, knowledge, and faith.5 The most influential Jewish philosopher of the Middle Ages was Moses Maimonides. 6 Among the themes on which he expressed profound sentiments was the giving of charity. He articulated eight degrees of worthiness in unselfish charitable giving, the second highest degree of which is giving to an unknown recipient who does not know the benefactor's identity. 7 The value of this proposition has long been debated in religious and nonreligious fora, but since 9/11 such discussions have adopted a more every third year and annually give an additional percentage of their income. Deuteronomy 26:12. 4. See BBC, Religion & Ethics - Five Pillars of Islam, http://www .bbc.co.uk/religion/religions/islam/practices/fivepillars.shtml (last visited Feb. 28, 2008). The other four pillars, or tenets, of Islam are shahadah (reciting the basic statement of the Islamic faith), salat (performing the ritual prayer five times daily), sawm (fasting during daylight during the holy month of Ramadan), and hajj (making pilgrimage to Mecca). See id. These pillars are considered compulsory and not merely voluntary acts. See id. Indeed, the word "Islam" is Arabic for "submission," and the pillars are submissions to the deity, Allah. See James D. Davis, Five PillarsAre Key to Keeping Faith: Responsibility, Prayer, Charity and Forgiveness Are Among Elements of Islam, SUN SENTINEL (Ft. Lauderdale), Sept. 24, 2006, at 1J. The term "zakat" has its roots in the Arab word for "purification." See Neil MacFarquhar, Fearsof Inquiry Dampen Giving by U.S. Muslims, N.Y. TIMES, Oct. 30, 2006, at Al. 5. See, e.g., Muslim Philosophy, The Philosophers, http://www.muslim philosophy.com/#people (last visited Feb. 28, 2008); Ibrahim Bayyumi Madkour, The Study of Islamic Philosophy, AL TAWHID (1983), available at http://www.al-islam.org/al-tawhid/study-philosophy.htm (last visited Feb. 28, 2008); Radical Academy, Jewish Philosophy, http://www.radicalacademy.com/ adiphiljewishindex.htm (last visited Feb. 28, 2008). 6. See MileChai.com, Judaism, http://www.milechai.com/judaism/ram bam.html (last visited Feb. 28, 2008). Reflecting the Jewish sentiment that the greatness of Maimonides was like that of Moses, Maimonides' grave is inscribed with "From Moses to Moses, there w (...truncated)


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Nina J. Crimm. Muslim-Americans, Roger Williams University Law Review, 2008, Volume 13, Issue 2,