Sadqa Jaaria Planning

Most charitable planning is either tax or financial planning.  However for Muslims there are considerations that go beyond this, creating rules to avoid the haram (prohibited) in financial affairs and fulfilling requirements for awqaf (if a waqf is being established) as well as integrating the plan with the faridah Islamic Inheritance requirements.

We assist our clients in creating family foundations, communities in creating awqaf, charitable remainder trusts, charitable lead trusts and other arrangements.

We plan on including additional information on this site on Islamic Inheritance.  Be sure to subscribe to our email list for regular updates.

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CAIR and the well-armed lamb

This post is a second on my series on Charity this Ramadan

Let’s face it, we live in a society where most Americans do not trust Muslims.

While this was certainly not the case in 2001, a general consensus appears to be emerging in the United States, particularly in American media, that all American Muslims bear collective guilt for September 11. The More Muslims condemn terrorism, the more non-Muslim Americans associate Muslims with terrorism. Muslims in any public forum now are asked to proclaim their anti-terrorist bona fides. The situation is toxic.

While the American economy is in shambles, real unemployment in the United States is over 15%


Several American politicians have made an effort to build their careers on their hatred of Muslim and Islam. Take for example Vijay Kumar, an Indian immigrant in Tennessee who is based practically his entire campaign on hatred of Muslims. Sue Myrick, an elected congresswoman from North Carolina has largely made a career out of coming up with one of Muslim related conspiracy theory after another.

In coming years, it is entirely possible politicians in the thick of the anti-Muslim movement will be able make policy changes that will materially affect your family and your rights. This may well include your right to distribute inheritance in the manner that you see fit and to give to charity to those you feel are appropriate. The term “Sharia”- which is fundamental to the practice of Islam (including inheritance, prayer, zakat), is now shorthand for extremism among many. Of course with respect to charity, there is much evidence this is already happening. The commitments given by Mr. Obama more than a year ago on Muslims rights in Zakat in Cairo never merited a follow-up.

Even more alarming, the man who is presently the leading Republican candidate for president of the United States, Newt Gingrich, has compared all Muslims in the United States to Nazis. This is a man who, if successful, would control the law enforcement and military machinery of this country.  This should be an alarming development for all Muslims.

The issues here that concern your family is not just about Park51 in New York City, a $100 million project erroneously known as the “Ground Zero mosque.” It is also not about the various other Islamic centers around the country facing opposition from angry mobs waving anti-Muslim signs and Israeli flags. It is about how the United States, without significant and meaningful leadership, education and outreach, may rapidly turn into the country that the enemies of Muslim families in this country want it to be. Our liberty may be taken away from us.

When the American public is angry, it is easy for politicians to deflect their anger at Muslims because so little is known about us. Politicians in Europe have been able to do this successfully for years and Americans are only now growing wise to this tactic. The key for American Muslims is to make this tactic difficult or even impossible.

One ally that American Muslims have is of the Bill of Rights. The United States was set up, in part after its founding in part after the “Civil War amendments” to protect the rights of minorities. As Benjamin Franklin once observed, “democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!.” Benjamin Franklin, not coincidentally, had written about how he would welcome Muslims to Pennsylvania.

In the past several years, a sizable industry has emerged in the United States, a cabal of “merchants of ignorance” who have, with some success, convinced allies in the media, opportunistic politicians and a largely ignorant public they should fear Muslims. They should not consider Islam to be a religion worthy of any protection. That Islam is a religion that requires Muslims lie, that they hate women, they hate dogs, and they hate life and freedom itself.

In the midst of this economic distress, when politicians have no other ideas of how to better the lives of ordinary Americans, the route of sowing hatred and distrust is an easy way to go.  That is not to say there have not been principled politicians in America.  There are, and they have been wonderful.   However there are not enough of them.

For Muslims, the solution is to be, that “well armed-lamb” when the times are most difficult. It is also to educate the American public and empower other Muslims.

I know we live in a recession. The Muslim community is presently most concerned about the flood in Pakistan (as it should be) however our ability to do anything at all in this country depends on our ability to protect and preserve our own civil rights and liberties.

I am not the kind of person that visits with politicians, meets with editorial boards are regularly attends interfaith functions. I am by nature not an activist. However I have committed to donating a small amount every month to the Southern California chapter of the Council on American Islamic Relations. I should say that I serve on their advisory board and have volunteered for them on specific projects over the past decade, things I was asked to do as a lawyer in the community. Though I frequently air my complaints to them about how they do things, I must say they have become an essential part of our community and are deserving of our good wishes, our prayers and financial support.

A few ways CAIR helps:

Public Outreach

CAIR has designed specific programs to help educate and demystify entire areas of Islam and Muslim that provides a meaningful alternative to a lot of the hatemongering and ignorance peddling that otherwise exists in the United States. They have urged people to “explore the Quran,” “Explore Islamic Civilization and Culture,” and even learn about the Sirah of Muhammad (PBUH).

They design handbooks and workshops that help law enforcement healthcare providers and educators understand Islam. These efforts not only help America become better educated, they materially help the lives of American Muslims who from time to time require medical treatment, come into contact with law enforcement or maybe the subject of media coverage that might otherwise be based on ignorance.

Government

CAIR’s staff has worked diligently to inform government officials about the interests of Muslims in developing public policy. From what I’ve seen, their record is one that has demonstrated vigilance and CAIR. Their efforts include a campaign to successfully end a proposed obnoxous “Muslim Mapping” program in the city of Los Angeles to working on a “halal” bill.

Leadership Development

CAIR, under the leadership of Hussam Ayloush in Southern California, has helped develop some remarkable leaders and spokespeople. Recently, Ameena Mirza Qazi, a young lawyer appeared on National television to defend the practice of hijab at a Disney owned hotel. Many others have interned at CAIR or have been at any number of its programs and moved on to do great things themselves.

Civil Rights

While CAIR bills itself as a “civil rights” organization, much of the actual work that goes on in this area tends to be behind the scenes. It’s the nature of civil rights work to speak for people and to advocate on behalf of the unpopular. If they only advocated for things everyone else agreed on, CAIR would not need to exist.

Much of their work is something you will not hear about on a regular basis because there are simply so many cases, many of which are difficult and depressing. Whenever a Muslim has a problem in the workplace or in society, CAIR is typically going to be the only place they will think to call. Most of the time, these cases will not make it to the media they might not even make it into court. However the civil rights matters will still have a massive impact on the parties and on the employees of CAIR.

It is in this area that those Muslims who feel the actual fallout that comes from hatred, hysteria or just plain ignorance becomes real, and the people of CAIR are essential to helping those who suffer from it.

CAIR must take the cases and the people as they are. They do not have the luxury of picking the most PR- ready cases. Nor are they given to a dogmatic view of Islam that excludes large classes of people or are trying to impose a new vision of what Islam should be. They do Civil Rights. While that sounds glamorous in theory, the real work is difficult. In fact, I know I can never do what CAIR employees do every day, and that’s leaving aside the fact the pay is much lower than they can all get working elsewhere.

Working for Civil Rights makes them unpopular, particularly among the enemies of the Muslim community. That is to be expected. However without civil rights work, you need only need to look at American history to learn how bad things can get for Muslims, and why it’s necessary to have a strong Muslim Civil Rights organization. A wonderful piece in the Jewish Forward recently recounts the history of Jews in America, when Shuls were banned in America. Religious discrimination and second class citizenship can despite the bill of rights, exist and be part of life for all of us. Religious freedom means nothing unless it has advocates. This is how CAIR comes in.


Donating

I suggest everybody reading this click here if you are from Southern California or here if you are from Northern California (if you are from elsewhere then click on this map) enter your credit card number and have it charge your credit card a small amount every month, $25, 50, 100, whatever you can afford.  They encourage people to donate a dollar a day.  You can support their work for the change in your pocket. Forward this post to everyone on your list and encourage them to do the same.

Of course you should be civically engaged, be more involved in public life (if that’s your thing) , speak in public, write and to bring to bear whatever talents is that you have in service of being that “well-armed lamb” during those times when it seems the wolves are in the majority. I cannot push those necessary things to hard since I do not see myself as an activist. Perhaps you do not see yourself that way either, and if you do, wonderful. However regardless of your level of civic engagement you should also financially support the premier Muslim organization that does all these things and works to help build this country into a place where Muslims are not the lambs constantly worrying about wolves. Donate.


To Zakat or not to Zakat

CAIR accepts Zakat funds and they have obtained opinions from scholars who agree allocating funds for the kind of work CAIR does is appropriate for Zakat. While I do not have the qualifications of an Islamic scholar, I am not prepared to use zakat funds at this time. I would suggest keeping these funds for the poor and needy individuals and give to CAIR continuously as charity separate from zakat. That’s exactly what we do when it comes to Islamic Centers. Of course if you feel comfortable giving your zakat money to CAIR, nobody would deny (except the Anti-Muslim movement) it’s for a good cause. For Zakat, and Pakistan, please read my last post.


Consider CAIR in your Estate and Charitable Plan


Of course I am an Estate Planning Attorney and cannot ignore this. You have the ability to give up to 1/3 to a beneficial purpose. You should take a good look at CAIR for this. You may also consider other charitable giving planning that will have the effect of reducing your income taxes.

If you have a piece of property that has gone up in value and you need to sell, think of doing a charitable plan that may give you some amazing benefits and benefit charity instead of doing a 1031 exchange. You can learn more about charitable giving and inheritance on this website make sure you sign up for updates if you have not done so as yet.

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