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
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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
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Article 3
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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)