RE: Early dismissal for Muslims on Friday

[Alan Brownstein]

Title: Message

I can’t speak to the exact time of the service, but I know that Muslim law students at Davis feel obliged to attend a prayer service early afternoon on Friday.   It may be that there is some flexibility as to the actual time of the service, but the service will have to occur at some fixed time. It is not something that each individual can arrange separately.   Thus, it may be difficult for an individual to accommodate the interests of a government institution.   Alan Brownstein       From: [EMAIL PROTECTED].ucla.edu [mailto:[EMAIL PROTECTED].ucla.edu] On Behalf Of Volokh, Eugene Sent: Monday, May 15, 2006 10:30 AM To: Law & Religion issues for Law Academics Subject: RE: Early dismissal for Muslims on Friday       I agree that accommodation decisions should look (among other things) to the felt religious obligations of the particular person who asks for the accommodation, and not to majority views of the very broad group to which he belongs.       Yet it seems to me that it should often matter whether the person's particular practices are a matter of felt religious obligation -- or even felt religious motivations, or perhaps even very longstanding religiously-linked tradition -- or are just a matter of the way he happens to operate.  If I were running a school and deciding on an accommodation that might be quite disruptive to the child's schooling experience (because it would require him to take several hours off every week), I'd want to know whether, if the accommodation were denied, the person would be able to switch to a later service (perhaps even getting his community to accommodate him on that).        If so, then I'd be inclined to try to press him to accommodate -- since such an accommodation seems workable -- rather than accommodating him.  On the other hand, if the 1:45 time is a firm requirement, especially one dictated by felt religious obligation, then I might be more inclined to try to accommodate such a time (if the accommodation is possible).       Eugene -----Original Message----- From: [EMAIL PROTECTED].ucla.edu [mailto:[EMAIL PROTECTED].ucla.edu] On Behalf Of Steven Jamar Sent: Monday, May 15, 2006 7:31 AM To: Law & Religion issues for Law Academics Subject: Re: Early dismissal for Muslims on Friday In the particular instance in Howard County Maryland, the primary weekly service is on Fridays at 1:45 pm, which would effectively cut out the last class period of the day on Fridays under the Howard County school schedule.   The Muslim community associated with the one mosque in Howard County is seeking the accommodation for its male members who are required to attend.  Women are encouraged to attend.   There is nothing magical or critically important about the 1:45 start time, as opposed to a somewhat later or earlier time, but  there are practical logistical reasons as well as religiously premised-reasons for that timing.   In evaluating the request, it is important, is it not, to take it on its own terms and on the understandings of this Muslim community and its practices -- not those of several Sunni countries or Wahabi or Maliki or New York or any other Muslim community.  Accommodation as a principle doesn't rest on the universality of some norm within a large category of religion, does it?  We don't accommodate Christians based on them being just Christians or some practice in the Greek Orthodox tradition.  We accommodate based on the local version, regardless of how idiosyncratic, right?   Steve

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