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I agree that the local tradition takes precedence
-- but what is the principle that controls? If this is maliable to fit the
local group, do they have absolute autonomy to determine their norm -- or do we
require that they adjust their tradition to fit our norms? Or must they
adjust to the norm adopted by the group that is most accomodating to existing
norms? For example, if one mosque adopts an evening service, does
that means that all can and therefore no accomodation is necessary?
I was simply citing the Middle East as a broad,
diverse (Shi'a and Sunni) comparative norm from a region that most Muslims would
consider relavent.
David
----- Original Message -----
Sent: Monday, May 15, 2006 9:31 AM
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
On May 12, 2006, at 5:55 PM, David E. Guinn wrote:
This is a difficult answer to parse down to a
principle.
I am most familiar with Islamic practice in the
Middle East (Iraq, Jordan and Egypt). While Friday is usually taken as
part of the weekend in those counties, Friday is not considered the Sabbath
-- so there is no religious obligation to observe the whole day. I
would suspect that the Islamic students in this country are seeking an
accomodation that, they feel, respects their faith in the same
way Sabbatarians are accomodated. Moreover, the principle
religious service is noon prayers -- so evening service (to the extent that
it exists) is an American adaptation. Should the School seek to
enforce the adaptation?
While this Middle Eastern based understanding
might suggest an accomodation (i.e. allow these Muslim students to schedule
study hall and lunch together to facilitate their attending noon prayers on
Friday), what happens to an Americanized Muslim congregation that seeks to
treat Friday as a Sabbath?
David
----- Original Message -----
Sent: Friday, May 12, 2006 3:59
PM
Subject: RE: Early dismissal for
Muslims on Friday
I
would think that there's a difference -- the sort of difference in
quantity that becomes a difference in quality -- between skipping a couple
of days and skipping every Friday afternoon. It may be worth
accommodating students even in the latter instance, but I'm not sure the
two are fully on point.
Incidentally, if I were a school administrator, I'd want to
know how firm the students' insistence is likely to be (as well as, of
course, knowing how much of each Friday afternoon they wanted to take
off). If they're likely to be unbudgeable, then I might figure that
there's little gained in being a hardass. On the other hand, if the
felt obligation isn't that strong -- for instance, if they could and would
attend Friday evening services were they to be required to stay in school
until the end of the school day -- then I might be more insistent.
(I also probably wouldn't disclose this decision tree to them up
front.)
Eugene
Some Muslim students have requested that
Howard County Maryland schools release them early from school to attend
Muslim services Friday afternoons.
Any advice for our County Board on this one? Here we take not
just the major Christian holidays off, but also Rosh Hashana and Yom
Kippur, if I recall correctly. And of course allow release for
other religious observances and accommodate Seventh Day Adventists and
others as much as can be done practicably (scheduling sporting events
and the like).
Steve
--
Prof. Steven D. Jamar
vox: 202-806-8017
Howard University School of Law
fax: 202-806-8428
"God, give us grace to accept with
serenity the things that cannot be changed, courage to change the things
which should be changed, and the wisdom to distinguish the one from the
other."
Reinhold Neibuhr
1943
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--
Prof. Steven D. Jamar
vox: 202-806-8017
Howard University School of Law
fax: 202-806-8428
2900 Van Ness Street NW
mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar
"Never doubt that the work of a small group
of thoughtful, committed citizens can change the world. Indeed, it’s the only
thing that ever has."
Margaret Meade
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