Muslims Need to Step Up to End Discrimination Against Muslim Inmates
By Emily Duncan
July/Aug 2024
“They try to make practicing Islam as hard as possible. We cannot hold ta‘leem (a weekly prison study group), nor can we wear hijab,” said Gloria, an incarcerated Muslima. “We take turns leading salah. It is so hard for Muslim volunteers to get approved to come lead the prayer and teach us.” A sad mix of ignorance, bias and lack of support has left incarcerated Muslims in a dismal state. They face innumerable challenges, from lack of access to halal food to restrictions on when and how they worship. Their faith is challenged and mocked, and keeping their deen is made incredibly difficult both by circumstance and the people in charge.
“I’ve struggled with discrimination, retaliation and ignorance on all levels coming from administrations, correctional officers and inmates,” said Joe. “I believe they act out of bigotry and/or Islamophobia.”
Some of the things Joe and other Muslims behind bars must face include filing false disciplinary reports by using bribed confidential informants to provide false tales against either the prison’s Muslims or targeted toward Muslim scholars. They frequently cancel Friday congregational prayer, which is often the only opportunity in the week to gather. Muslim inmates are also often placed in isolation for several days. Non-Muslims disrespect the Quran and other Islamic texts by throwing them on the floor, tearing them and/or stepping on them during cell inspections (aka “shakedowns”).
Even something as simple as purification and avoiding najasa (filth) can become difficult when most cells are cramped and contain a toilet. If the qibla ends up being in that direction, it becomes a challenge to pray.
Due to prison uniform restrictions, many women who want to wear hijab cannot do so. Some men’s shirts may expose their waist during prayer, which may invalidate it. Even though it’s illegal to deny these basic rights, Muslim inmates have to fight for every basic accommodation.
Ramadan Challenges
“There have been many occasions where we are blamed for events that happen in the world,” said Jason. “I have fought many legal battles over the years, from establishing jummah to being allowed to make prayer in congregation and to establishing a halal diet. Ramadan always brings out the most hate … [for] they hate having to accommodate the fasting schedule.”
Under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), prison administrators are required to make reasonable provisions for their inmates’ religious rights. Yet the courts routinely rule that doing so cannot place an undue burden on the prison and that its administrators have every right to place a substantial burden on the prisoner.
“They don’t recognize our holidays or provide us with proper feasting, as they do with all other religions,” said Leon. “Nor will they allow speakers to come and speak to us or represent us as they do all others.”
Clifford said he heard one staff member comment that if it were left up to him he wouldn’t feed us at all.
Mecenia agrees, but doesn’t let this deter her. “The staff here have no respect for Muslims during Ramadan, but I don’t let them stop me. Some of the ladies get discouraged and want to argue. I refuse to break my fast for anyone. Allah won’t put more on a soul than it can bear. I remind my sisters of that.”
Halal Diet Challenges
Prisons frequently deny inmate requests for halal food, claiming it is too expensive or too much of a burden, even when they discover that halal distributors sell products at cheaper prices. If inmates are granted the right to halal meals, they are placed under strict scrutiny and may face unjust punishment in other areas. They cite being held back from prayer services and having their religious possessions confiscated as retaliation. Many will choose to break their religious dietary rules to avoid persecution. One inmate chose to eat only peanut butter sandwiches for days. He should not have had to make that choice.
This reality stands in sharp contrast to a recent federal judge’s ruling that the so-called Q Shaman Jake Angeli, a key character in the Capital riots of January 2021, should be allowed to receive organic foods as part of his religious rights, even though there was no proven correlation between Shamanism and an organic diet. This brazen double standard only highlights the struggles of incarcerated Muslims.
It’s no coincidence that Muslims in the US prison system are singled out among all religions, victims of prejudice and vitriol. From wardens and guards to cellmates, the widespread reports of Muslims plagues the prison system, especially in state facilities where religious and prisoner rights are generally less regulated.
A Ray of Hope
However, it’s inspiring to see how many Muslim inmates remain faithful and handle these challenges gracefully.
“Of all the stumbling blocks I’ve faced along the way, the only real difficulty I face is the struggle with myself, being patient with my circumstance and with what Allah has decreed for me,” Jason said. “Sometimes it can be difficult to accept my sentence. On the other hand, I know that Allah only decrees for a believer that which is good for him. And while I may dislike being here, it is beneficial for me. And when it ceases to be beneficial for me is when I imagine Allah will allow me to be free from here. And Allah knows best. … What I find with these struggles is that it only motivates me to work harder, strive harder and try to be a better Muslim.”
Incarcerated Muslims are also working to change the system for a better future Muslims and peoples of all faiths in the prison system and beyond. After all, there’s a long history of Muslims standing up for their religious freedoms through legal action.
The Nation of Islam (NOI) was advocating for prison reform as early as the 1940s, when some of its leaders were imprisoned for refusing to serve in the armed forces. The rights to study, pray and be paid for their labor were all fought for by Muslims who felt that incarcerated people should be given the same basic rights as the general population.
The courts of the 1960s granted many prisoner rights in response to the cases filed by the NOI (Hernandez D. Stroud, “Judicial Interventions for Inhumane Prison and Jail Conditions,” Oct. 24, 2023, The Brennan Center). In the latter half of the decade, several cases brought forth by Muslim inmates resulted in huge wins for prison reform. For example, both the corrections officers’ ability to interfere with legal communication between an inmate and his/her lawyer and the prison officials’ ability to ban “inflammatory” literature were limited, and prisoners gained the right to sue state correction officials.
Today, federal prisons are still much better for Muslims than their state counterparts, thanks to rights won on the federal level. In Cooper v. Pate, 378 U.S. 546, the Supreme Court ruled for the first time that state prison inmates can sue in federal court to address their grievances under the Civil Rights Act of 1871.
In 2019, Calvin Pirtle, a practicing Muslim, was served pork chops. As his prison refused to accommodate him, he had to choose between consuming pork and going hungry. When he lodged a formal complaint, the prison worker who had served him pork knowingly tricked him into eating cereal that contained gelatin in retaliation. He sued the administrators at his prison involved in the cruel scheme and won his case (Pirtle v. Brooks et al, https://law.justia.com/).
How You Can Help
Unfortunately, despite the battles fought and won by incarcerated Muslims for prison reform, they are still marked out for unfair treatment. You can help them beat the odds.
Craig said that he wants people to know that many Muslims are sincere about their deen. “It’s not just a pastime while we’re in prison.”
Incarcerated Muslims get no support within the prison system and have little coming in from the outside. However, a few organizations like Tayba Foundation and a handful of dedicated volunteers are trying to support them with educational and legal resources.
“I wish Muslims in free society could understand the mistreatment and the prejudice that we are subject to because of our faith,” said Clifford. “They need to understand how much we need support from the Islamic community while we are in this environment. The Christians get a lot of support. It’s heartbreaking sometimes.”
If you would like to help, consider donating to Tayba Foundation (taybafoundation.org), as they are both tax-deductible and zakat-eligible. This money is used to provide incarcerated Muslims with Islamic study materials, re-entry support and legal resources to help them fight injustice from behind bars.
Emily M. Duncan is a New York-based, Canadian-born freelance writer with an undergraduate degree in theater. A Tayba Foundation worker since 2020, she is passionate about language learning, social justice and family recipes.
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