Muslim travelers say they're still saddled with 9/11 baggage

'There is no uniformity in the way in which the Department of Justice applies the law at every level'

Bob Croslin  /  for msnbc.com

Government records show that Hassan Shibly of Tampa, Fla., has been pulled aside at airports for secondary screening at least 20 times since 2004.

Imagine it is 5 a.m. and you’ve landed in New York after a 12-hour overseas flight. Standing in the line for U.S. citizens, you wait as a border agent asks passengers ahead a few cursory questions, then waves them through. Your family is instead ushered into a separate room for more than an hour of searching and questioning.

This was the welcome that Hassan Shibly, traveling with his wife and infant son, said they received in August 2010, when they returned to the United States from Jordan, after traveling to Mecca.

“Are you part of any Islamic tribe? Have you ever studied Islam full time? How many gods do you believe in?” “How many prophets do you believe in?” the agent at New York’s JFK Airport asked, according to Shibly, 24, a Syrian-born Muslim American. He said the agent searched his luggage, pulling out his Quran and a hand-held digital prayer counter.

“At the end — I guess (the agent) was trying to be nice — he said, ‘Sorry, I hope you understand we just have to make sure nothing gets blown up,’” said Shibly, a law school graduate who grew up in Buffalo.

A decade after Islamic extremists used airplanes to attack the World Trade Center and the Pentagon, Muslim American travelers say they are still paying the price for terror attacks carried out in the name of their religion. At airports, ports and land crossings, many contend, they are repeatedly singled out for special screening and intrusive questioning about their religious beliefs. Others say they have been marooned overseas, barred from flights to the United States.

‘Stories come pouring out' “Whenever a group of Muslims sit together … stories come pouring out,” said real estate agent Jeff Siddique, a Pakistan-born U.S. citizen who has lived in Seattle for 35 years. “It’s story after story after story.”

That is supported by a survey released in August by the Pew Research Center, in which 36 percent of Muslim Americans who traveled by air in the last year said they had been singled out for special screening. The Transportation Security Administration does not keep detailed records, but a spokesman said that less than 3 percent of passengers receive a pat down, a primary form of secondary screening.

Rooting out 'extremist tendencies' The difficulty is knowing where policy ends and personal discretion kicks in.

For example, depending on how the directive to focus on travelers to and from countries with active terrorist organizations is interpreted, it might implicate a large swath of American Muslims. The majority of this population is made up of recent immigrants with connections to their countries of origin in the Middle East, North Africa and South Asia.

But Homeland Security recently launched an investigation of a flurry of complaints from Muslims who, like Shibly, say border agents went well beyond asking about their travels. Instead, the travelers say, they were questioned extensively about their religious beliefs and practices. Some reported being asked political questions, such as their views on the Iraq War or President Barack Obama.

One complaint filed by the nonprofit Council on American Islamic Relations with Homeland Security and the Justice Department said its Michigan branch alone has received “dozens of reports (from Muslim travelers) … that CBP agents pointed firearms at them, detained and handcuffed them without predication of crimes or charges, and questioned them about their worship habits.”

Shibly’s case is one of five included in a separate complaint filed by the the nonprofit Muslim Advocates and the American Civil Liberties Union in December.

Another case detailed in the complaint is that of New Jersey resident Lawrence Ho, who says that when he reached the U.S. border from Canada by car in February 2010 he was surprised to find the border agent knew that he had converted to Islam. Ho, who is Chinese American, said the border agent questioned him for nearly four hours about his Muslim beliefs. But an email to the CBP to complain about the encounter at the Rainbow Bridge checkpoint in New York didn’t get far.

"In 2001, the U.S. was attacked by Islamist extremists,” wrote a senior CBP officer in an email response to Ho. “If a CBP officer inquires as to a person's religious beliefs in order to uncover signs of extremist tendencies, that officer is well within his authority."

It is not clear if that statement is in line with Homeland Security policy. In response to msnbc.com queries, Homeland Security did not offer any detail about the ongoing investigation, but provided a general statement by email.

DHS does not tolerate religious discrimination or abusive questioning – period,” wrote Homeland Security spokesman Chris Ortman. The department's office of Civil Rights and Civil Liberties “has notified the complainants and their representatives that it will investigate these allegations and, if appropriate, the department will take corrective action.”

The ACLU and Muslim Advocates also filed a Freedom of Information Act request, seeking all records, standards and statistics pertaining to CBP questioning on religious and political beliefs and practices, border training programs and disclosure of how the travelers’ information is used.

“We hope … (DHS) will condemn the practice of asking any citizen or legal resident of the U.S. about their religious beliefs, political beliefs and religious practices,” said ACLU staff attorney Nusrat Choudhury. “We also hope that (it) will note the troubling nature of the fact that so many Muslim legal residents or citizens are being asked these kinds of questions.”

The Prophet as a social activist

SOCIAL activism by citizens is often looked upon as a modern-day phenomenon. What is not commonly known is that the Prophet of Islam (PBUH) started his social activism in his youth, much before his declaration of prophethood.
The deeds of the Prophet, even before that time, were in accordance with his noble character and the teachings which he later received. One of the major aims of his career was social reform. Even before Islam, the rite of Haj was observed at the Kaaba, and war was forbidden in that sacred month.
Once when this ban was violated and a visiting tribe’s members were looted and their local protector killed, a war broke out.
The war ended according to an agreement known as the Hilf-al-Fudul. According to M. Akhtar Muslim, in Quran aur Insani Huquq (‘The Quran and human rights’), around the year 586 CE, another trader visiting Makkah was deprived of his goods without being paid. He cried out for help. With regard to this, Dr M. Hamidullah writes in Muhammad Rasulullah (‘Muhammad the Prophet of Allah’) that Al-Zubair, the head of the Prophet’s family, convened a meeting. In this meeting, in which the Prophet took part as a young man, it was decided to bring a group into action under the revived Hilf-al-Fudul.
According to some scholars ‘fadal’ also means ‘right’, the plural of which is ‘fudul’. Therefore, one of the meanings of this could be, ‘the agreement for the protection of rights’. The group’s activists pledged to come to the help of anyone who had been wronged in Makkah, without discrimination, to favour the weak and downtrodden against their powerful persecutors. The tribes of Taim, Zuhra, Muttalib and Hashim took the oath for this agreement.
The important objectives and clauses of the Hilf-al-Fudul were as follows: lawlessness would be done away with; security of the travellers and newcomers would be ensured; victims of cruelty would be helped regardless of whether they were residents of Makkah or visitors; and the powerful persecutors would be stopped from being unjust to the weak. Dr M. Hamidullah in Rasul-i-Akram ki Siyasi Zindagi (‘The political life of the Prophet’) describes the oath as: “We swear by God that we will together become one (strong) hand. This hand will remain by the side of the weak and will continue to be raised against the strong and the unjust until the persecutor returns to the persecuted his right. This will remain so until the sea keeps the seashells wet and the hills of Hira and Thabir remain in their place. There will be equity in our society.”
The last sentence can mean that even the most humble of citizens would be able to challenge and demand redress from the most powerful. Only a handful of tribes participated in the Hilf-al-Fudul, yet it was a revolutionary agreement, the fundamental principle being non-alliance. Previously, all help had been given on the basis of tribes and the pacts made with them.
In this pact, it had been agreed that anyone and everyone who had been wronged, could ask for help. They went so far as to say that even those strangers and travellers who belonged neither to Makkah nor to any of its tribes would be eligible for help.
Previously, travellers were an open target for persecution. Not only were they robbed, but often their wives and daughters were taken away from them forcibly.
Another reason for its being a revolutionary agreement was that the Hilf-al-Fudul was not based on social class. Anyone who had been wronged, whether he was a free person or a slave, rich or poor, was eligible for help. Through this agreement, to a large extent Makkah became safe for the weak, the persecuted and strangers. The activists, acting with great speed, saw to it that the person who had been wronged was given back all that had been taken away from him forcibly.
Very soon, powerful thugs, including Abu Jahal, started to fear reprisal from the activists. The Makkans can be truly proud of the fact that at the time when the whole world was steeped in darkness and injustice, these conscientious activists were able to provide free protection and justice to the weak and the helpless through their humanistic ideals. In trying to create some kind of law and order in Makkah, the activists of the Hilf-al-Fudul were really helping to formulate some laws based on the concept of modern-day human rights. Dr M. Hamidullah says that the law of Islam in its early phase was the customary law of Makkah until such time as parts of it were specifically amended or abrogated. The principles of the Hilf-al-Fudul can safely be said to be a part of the law of Islam.
Even though many of the participants of the agreement remained non-Muslim, the Prophet kept acting on it after his declaration of Islam. He is reported to have said later: “Even if red camels were given to me in exchange for the Hilf-al-Fudul, I would not accept them.” This agreement can also be looked upon as the beginning of the attempt to codify laws and enforce a policing system with the objective of establishing peace and equity through practical social activism.
The pact also gives Muslims a precedent for the moral responsibility of all citizens to protect the weak and to speak for them, to critique the rulers and the powerful and the concept of establishing citizens’ groups that advocate and lobby for social rights.
The writer is a scholar of the Quran and writes on its relevance to contemporary issues.