Physical intimacy is not simply a biological action and reaction. It is bigger than that. It is more about the value system that one prefers and adopts because it impacts not only the individual, family and the society but human civilizations, cultures as well as the rise and fall of nations.

On the one hand are Freudian followers who argue that civilization is a byproduct of repressed sexuality and on the other hand are those who in the words of J. D. Unwin believe that “in human records there is no instance of a society retaining its energy after a complete new generation has inherited a tradition which does not insist on per-nuptial and post-nuptial continence.”

Unwin, a sociologist at Cambridge University, published "Sex and Culture," in 1934. He studied 86 different societies and he found no exceptions to the rule that the cultures flourished during eras that valued sexual fidelity and discipline. He demonstrated through empirical data that whenever sexual mores loosened, the societies declined, and whenever they followed rigid sexual discipline they rose again. In our recent history, the fall of the Soviet society offers a recent example where Vladimir Lenin espoused a "glass of water" theory about sex, explaining that sexual desire is just like desire for food or water.

The theory collapsed, and with it collapsed the Soviet society.

However, new interpretations are being offered to explain the Freudian ideas. Barbara Ehrenreich, a widely-read and award-winning author of 21 books wrote not very long ago that sex, preferably among affectionate and consenting adults, belongs squarely in the realm of play.

This "de-moralization" of sex is promoting a new sexual ethics that legitimizes and justifies everything in the name of pleasure and freedom. What was presented as his personal opinion by President Obama about same sex marriage is an effort to legitimize the de-moralization of sex to develop a new culture where every sexual activity is fine as long as individuals engaged in the act have their consent and pleasure. His perspective is based on a world view, a world view that Islam does not share. Islam regards physical intimacy as an act of responsibility between a man and woman within the confines of contractual marriage. Islam, on the basis of its value system, takes a strong stand on pre-marital, and post-marital physical relations as well as on physical relations between people of the same gender. Islam calls for sexual discipline in society and recommends restrictions in sexual behavior to help people channel their energy in matters that are fundamental in preserving the interests of people.

However, Islam does recognize the rights of people to reject this world view and acknowledges the freedom of people to adopt an alternative perspective, with the admonition that people are responsible for the consequences of their actions in the eyes of God.

Marriage is an institution promoted and protected by all religions. Islam recognizes it as part of the revealed knowledge, a knowledge that is given by the Divine to help human beings find their way to a better life in this as well as in the hereafter. Obviously, those who do not believe in the idea of Divine revelation would find it hard to accept this notion. But this is what Islam expects its adherents to accept.

Accepting an alternative definition of marriage is like changing the revelation and the divine guidance, an act that is not supported by Islam.

Obviously, Obama and those who want to demoralize sexuality and promote the idea of extending the term “marriage” to same sex unions would not find support among the followers of Islam, because Muslims would view it a challenge to their own value system.

They can give whatever term they want to this type of relationship, but when they would refer to that as a marriage, it would be seen conflicting with Islamic value system. This does not mean that people who do not view Islamic value system should be discriminated and denied their basic rights including the rights and privileges in matters of health and education and opportunities. If Islam recognizes the right of people to reject the idea of God as the creator and master of the universe, it also recognizes the rights of people to follow an alternative value system.

We Muslims owe it to ourselves and our future generation an education that promotes the value system that we deem right for ourselves and others. We must speak out on this important issue to let the people know what we stand for.

Our political pundits have already presented the Obama perspective as an electoral and political issue. It is much more than that. It is about the value system that we adopt as our guiding principle. It is our right to share our value system with others without being intimidated and trying to be politically correct. If others have a right to promote their ideas based on Freudian ideas, we Muslims also have the right to present our perspectives based on revealed knowledge.

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Extravaganza participants enjoy the festivities.

Almas Akhtar speaks to the Extravaganza audience.

This past Sunday, May 6, 2012, afternoon, I had the pleasure of attending a beautifully organized and deeply inspirational event held by my dear friend, Almas Akhtar. I have always been inspired by her ability to bring incredibly important issues to light in a tasteful, yet enjoyable manner and Sunday’s event was no different.

Aimed at highlighting the role of women, especially immigrant women residing in the United States, the “Spring Extravaganza:  Celebration of Women” was stylishly arranged by three amazing women: Almas, Soobia, and Reema.

Upon arriving at the Grand Ballroom at Hyatt, I was struck by the exquisitely furnished hall, embellished with colorful, yet soft lights and a spectacular backdrop. After having suffered through two final examinations (I am in my last year of law school), I was greatly pleased by the ambience of the ballroom, and felt as if I had stepped into a spa!

The event began with the melodious singing of Daniyal. Following the musical performance, guests were served mouth-watering lunch. Emcee, Sarah spoke briefly about the various roles embraced by a woman, as a mother, a daughter, a wife, a caregiver, a friend, and a confidant. The highlight of the event was a short video highlighting nine local immigrant women from various cultural and religious backgrounds, discussing their ‘immigrant’ stories in their own words.

Following the short video, Almas Akhtar took the stage and informed the crowd that the keynote speaker, actress/ model/ social worker, Somy Ali, was unable to attend the event due to an unforeseeable family emergency. However, Somy was kind enough to send a short video in which she apologized for her inability to attend the event, a gesture, which the crowd seemed to appreciate.

A little later, Ms. Akhtar enlightened the crowd by discussing some famous immigrant women and their contributions to the American society, including such notable figures as Madeline Albright, Audrey Hepburn and Nikki Haley. Ms. Akhtar referred to the ‘great mark’ left by these women on our great nation, adding to its “uniqueness.”  Ms. Akhtar also shed light on the contributions of Pakistani/ Indian American women, noting, “our spicy food and our glitzy fashion is not only popular among us but also has left a deep impact on the American Culture.”

One cannot deny the effect immigrants have had on the United States. 

Films such as ‘My Big Fat Greek Wedding,’ ‘Spanglish,’ and most importantly, ‘The Godfather’ are all based on immigrant experiences and have been greatly appreciated by the masses. In addition to films, ethnic cuisine consisting of such treats as tandoori chicken, hummus, and paczki are becoming more and more popular, gifts from immigrant women, for which we are eternally grateful!

I would like to personally thank Almas, Soobia, and Reema for their dedication and hard work in organizing this incredibly educational and enjoyable event.  As guests, we were granted a glimpse into the lives of immigrant women, their struggles, their achievements and their dreams. I marvel at the resilience of these extraordinary women who managed to create a new life in a foreign land, becoming pillars of strength for not only their families, but also society at large. As a daughter of an immigrant woman, I now walk with my head held high, my heart bursting with pride, and the newly discovered realization that I have some big shoes to fill!

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More than seven decades after his death Allamah Iqbal, the poet of the east, continues to inspire people in unexpected corners of the world. While his legacy is currently a subject of debate in Pakistan –partly due its hijacking by reactionary elements-he has managed to strike a chord in distant Canada. One would be surprised to know that a collection titled Poems from Iqbal occupies the pride of place at the desk of premier of Ontario Dalton McGuinty.

McGuinty’s interest in Iqbal’s poetry first came to light in 2009 when a reporter for the Globe and Mail while describing the no-frills working style of the premier wrote: “he reads from a yellow pad on his desk-adjacent to a dog-eared copy of Poems from Iqbal…” The casual mention would have gone unnoticed had it not been for the Canada based Pakistani scholar Khalid bin Sayeed. Despite suffering from Alzheimer’s and other ailments Khalid bin Sayeed, who passed away at the age of 84 last year, was alert enough to write to McGuinty and enquire about his interest in Iqbal. The response, which was unearthed recently by the Dr. Sayeed’s family, tells a great deal of the relevance of Iqbal in myriad of ways in contemporary times.

McGuinty writes: “I had the good fortune to learn about Iqbal’s poetry during preparations for our government’s 2007 trade mission to Pakistan. It was a discovery that greatly enhanced my understanding of Pakistan’s culture and history—and ultimately made my visit a more meaningful one. My late father, professor of romantic poetry, instilled in me his love of verse, and I remain a firm believer in the power of poetry to inspire and to give voice to the human experience.”

At a time when Iqbal’s poetry is equally glorified, misused, and reviled by sectional interests it is heartening to know that the voice of east is being heard in distant lands. While lamenting the slaughter of his vision in his own homeland it should be of some comfort to the great Allama that he continues to inspire people in the West.

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CHICAGO,IL–DuPage County’s Board of Commissioners Tuesday voted 16-2 against allowing a Muslim group to use a house near west suburban Bartlett as a mosque.

The board Tuesday voted down 15-3 a request for a conditional use permit from the Islamic Center of the Western Suburbs, which wanted to open a worship center in an unoccupied residence on Army Trail Road near West Chicago. Neighbors of the site and others opposed the application, asserting the facility would bring “a dangerous volume of new traffic to the area and casting doubt on the security of its septic system.”

Jefferson City Muslims educate the public on Islam

JEFFERSON CITY, MO– The Muslim Community Center in Jefferson City hosted an open house to educate the community about Islam and Shariah Law.

They said that times are changing and Muslims aren’t that different from other people.

Faizan Syed said, “What we want others to realize is that as Muslims, we are Muslim Americans. We are part of this society and part of the fabric, and we aren’t violent or all these crazy things people think we are, rather we are your neighbors, the doctors who help you out you know we are a part of this society”.

They spent the evening reflecting on what Islam really is, despite an image that doesn’t sit well with many in society, “The one thing we try to do within the Islamic center in Jefferson City is of course first an foremost education because the more people know about each other the less likely they are to have suspicion” Syed told us.

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By Adil James, TMO

Bloomfield Hills—May 6—Last Sunday from 10AM to 5PM the Bloomfield Hills Mosque opened its doors to visitors, inviting them to see an innovative portrayal of Islam and Muslim practices. 

The event may have been the best planned open house because of the variety of exhibits and their quality.  The highlight was the “Virtual Hajj Expedition,” with a huge model of Ka’ba and nearby landmarks like the Station of Abraham.  There was also a Falafel cooking explanation presentation, and a presentation by a Muslim dentist.  There were facility tours, a calligraphy art exhibit, a neighbor’s quiz, and Middle Eastern food. Tour guides provided by the mosque brought visitors around the mosque, showing visitors to the exhibits and answering some of their questions.

Imam Masmari also gave presentations on Islam and its practices.

About 250 non-Muslim visitors took advantage of the opportunity to learn about their Muslim neighbors by attending the open-house.  They asked questions which the community did their best to answer.

Visitors took a quiz on leaving the mosque, and for correct answers had the opportunity to win several Blu-ray players that were raffled off at the event.

Ms. Dina El Gamal gave The Muslim Observer an excellent description of the open house, showing off the virtual hajj expedition, the calligraphy exhibit, the dentist’s free health screening, the Falafel cooking demonstration, and the Middle Eastern food.

She explained of the virtual hajj expedition that it is “mimicking Abraham,” and reliving the experiences of Adam, Eve, Abraham, Hajjar, and Ismail (as).

A beautiful calligraphy display was set up with art by Estabrak Salih.  The calligraphy transformed ahadith into visual representations–for instance one calligraphy picture which showed the word mother (in Arabic) four times, representing the hadith of Prophet (s) instructing Sayyidina Abu Hurairah (ra) four times that his mother was most deserving of his good treatment.

Ms. Salih’s art can be found online at www.aldeebaaj.com.

A dentist, Dr. Hazami Dali Hares, gave a presentation on good dental hygiene, teeth whitening, the relative benefits of manual vs. electric toothbrushes.

Ms. El Gamal explained that the purpose of the dental presentation was to point out that “we are, after all, members of this community.”

Local Muslim organizations were also on hand, including the Huda Clinic and the Oakland University MSA, to talk about their contributions to the community.

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“By the Fig and the olive, 2) and the Mount Sinai, 3) and this city of security, 4) We have indeed created man in the best of moulds, 5) Then do We abase him to be the lowest of the low, 6) except such as believe and do righteous deeds; for they shall have a reward unfailing……….”

Holy Qur’an 95:1-7

In my role as an imam and a leader, I talk to and counsel many people and I thank Almighty ALLAH for allowing me to be used in this manner.

Recently, in a conversation with a young man, he told me he doesn’t think he wants to father any children into this world.  When he made that statement I was taken aback a little bit.  Why would a young, supposedly virile young man elect not have any children?

When I asked him why, he said the world is “not a nice place’.  Besides, there are many children who could be adopted,” he said.  While it is a noble gesture to desire to give a home to a child who doesn’t have one, I didn’t think his reason was a good one.

Is this a nice world?  You bet it is.  ALLAH tells us over and over again of the wonders of His creation.  He constantly reminds us of how the rain sprouts new life from a barren earth and fills our lives with vibrant color and food for our sustenance.  All you need do is take a walk and feast your eyes on the birds chirping in the trees, the beautiful flowers and plants, the squirrels and chipmunks, the gently flowing streams of water, and other such nuggets of beautiful perfection of creation, and you will marvel at the beneficence of ALLAH.

But this young man was speaking more to the creation of man rather than the world of vegetation and animal.  He was speaking of the mankind that has been abased to be the lowest of the low.  He was speaking of man’s inhumanity to man.  He was speaking of the things some people do to try and not make this world a nice place.  He was thinking of the ugliness that we see on the 6:00 News everyday; and in that vein, he is right.  There is a lot of ugliness in the world today.

But there is another side to the creation of man that makes us have hope and faith and allows us to enjoy our brief stay in this world.  ALLAH says, “We have indeed created man in the best of moulds.”  There are beautiful people in this world.  Imagine what this world would be like if a cruel mentality ruled the land.  There would be no order at all in our lives because people would have no fear of reprisals in the next life.  There would no cheerful nurses in the hospital to help speed our recovery from illnesses.  There would be no kindness, no please and thank you; and, quite frankly, it would be unlivable.

If we want to live in a nice world, we have to seek that nice world out.  We have to choose to focus on the positive rather than the negative.  Because both a nice world and an evil world exist, we must choose to live in the nice world.  We must surround ourselves with good, positive thinking people in order think positively ourselves.  We must reflect on ALLAH’S creation and our (Adam’s) purpose for being created in the first place – which is as Khalifa of the creation.

Everything ALLAH created is good for us.  Is this a nice world?  Yes it is.  You just be a nice person and interact with nice people and you will have a nice life.

As Salaam alaikum
(Al Hajj) Imam Abdullah El-Amin

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The cruelty of occupation and siege perpetrated by one state upon another should trigger shame and disgust among humanitarians. This is especially true when children form a disproportionate number of victims. Yet, the actions of Israel in the West Bank and Gaza continue, and the expressed outrage falls far short of what it should be.

One organization, KinderUSA (Kids in Need of Development, Education and Relief) has steadfastly dedicated itself to the improvement of the health and lives of children in the West Bank and Gaza. Despite the harassment suffered by Muslim organizations – particularly Muslim charities -  after 9/11, KinderUSA has persevered in its work to give the residents of Palestine, particularly the children, a future.

KinderUSA held a highly successful banquet/fundraiser this past Saturday evening at the Long Beach Hilton in Long Beach, Ca. It was titled “A Decade of Giving” and celebrated the organization’s ten years of essential health giving and life saving work.

The dining hall was filled to capacity after attendees enjoyed a social hour in the lobby and dined on  Middle Eastern themed appetizers. Also available in the lobby to be purchased were artistic items crafted by women’s cooperatives in the West Bank and Gaza.

The featured speaker was Dr. Norman G. Finkelstein. Dr. Finkelstein is a highly informed and sought after speaker particularly when the subject matter is the Israeli – Palestinian conflict. He has written eight books that deal with that issue. After the event he was available in the lobby to sign his two most recent books: What Ghandi Says and Knowing Too Much.

Dr. Mads Gilbert, a Professor of Medicine at the University of North Norway, was also a featured speaker. His specialty is anesthesiology and Emergency Medicine. During the weeks of Israel’s Operation Cast Lead Dr. Gilbert was in Gaza working, despite the attendant risks, in Al Shiffa Hospital. There he was also the voice of Al Jazeera broadcasts.

Dr. Gilbert showed video clips of his experiences, usually naming each child that he showed and detailing his or her injuries. It seemed that Dr. Gilbert’s voice broke on occasion, and his passion for the smallest of victims and his disgust and contempt for their oppressors held the audience in a steel grip.

“Gaza is a child prison controlled by Israel”.

Other speakers included the attorney for KinderUSA, John P. Kilroy who expressed his profound admiration for KinderUSA and its Board. When first approached ten years ago by KinderUSA head, Dr. Laila Al- Marayati, Mr. Kilroy, who described himself as the grandson of Irish refugees, said he could not say ‘no’. His laudatory speech made it clear that he has not regretted his decision.

Jihad Turk, active in interfaith work as well as being the Religious Director for the Islamic Center of Southern California and the Dean of Bayan University, spoke of the religious directive to give to those less fortunate.

Dr. Jess Ghannam, a Clinical Professor and the Chief of Medical Psychology at the University of California in San Francisco, gave the introductory remarks and was Master of Ceremonies.

Ahmad Eissa, an elementary school student at the New Horizon School in Pasadena, gave perhaps the most touching address as the child recited the prayer and read from the Koran.

With the fund raising came the announcement of the soon to be birthday of Dr. Laila Al Marayati. A video presentation of those whose lives she touched and who used the opportunity to praise her was shown. After, the audience stood and sang “Happy Birthday” to her.

Dr. Al Marayati thanked the audience and singled out KinderUSA Board member Dalell Mohmed for  recognition.

“What a wonderful group. I am so glad I discovered it” said one woman as she applauded.

KinderUSA is a 501(C)(3) organization. This coming Ramadan (2012-2013) KinderUSA will supply food baskets valued at $120 to feed families of 10.

KinderUSA spokespersons emphasize the key role played by women’s cooperatives in the West Bank and Gaza in developing the food baskets. These women -  the heads of households – have been trained in all aspects of the program, thus sustaining themselves.

The other aspect of KinderUSA’s program is the feeding of indigent farmers in Gaza and the Jenin area of the West Bank. KinderUSA buys fresh vegetables from small scale farmers, many of whom are unable to sell their goods at market. The farm products include, but are not limited to: eggplant, squash, cabbage, tomatoes, cucumbers, and honey.

To find out more about this essential charity, please access the web site at: www.kinderusa.org.

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On May 2, 2012, the United Methodist Church held their annual General Assembly in Tampa, Florida, where they voted on the issue of divestment from the State of Israel for its treatment of Palestinians by boycotting companies such as Caterpillar, Hewlett Packard, and Motorola, who profit from the Israeli Occupation. The New York Times reported that:

“After an afternoon of impassioned debate and several votes, the delegates overwhelmingly passed a more neutral resolution calling for ‘positive’ investment to encourage economic development ‘in Palestine.’

“However, the Methodists also passed a strongly worded resolution denouncing the Israeli occupation and the settlements, and calling for ‘all nations to prohibit the import of products made by companies in Israeli settlements on Palestinian land.’”

Susanne Hoder, a Methodist from Rhode Island and a spokeswoman for a group for divestment, the United Methodist Kairos Response said that even though at the General Assembly,  divestment was defeated by a 2-to-1 ratio in two separate votes, four geographic regions of the Methodist Church — Northern Illinois, California Pacific, New York and West Ohio — had already voted to pull out their own investments. “We expect that more United Methodist conferences will do this,” she said.

The Presbyterian Church USA will also hold a similar vote at their upcoming conference in June. In 2004, the Presbyterians voted for divestment but voted against it at their next general assembly two years later.

Many are disappointed and frustrated by such wishy-washy positions and watering down of perfectly reasonable, non-violent approaches to defeating injustice, resulting in statements of support without any meaningful action towards supporting justice.

Sadly and predictably, 2 out of 3 Methodists succumbed to the twisted logic of 1,200 rabbis accusing them of “singling out” Israel for criticism, warning that supporting divestment would “damage the relationship between Jews and Christians.” This overused lobbying tactic nearly always triggers instant shame and self-questioning in White Christians, for cultural reasons that have long passed their time of relevancy.

Anglican Archbishop Desmond Tutu, who was a leader of the anti-apartheid movement in South Africa responded strongly to the pro-Israel rabbis’ tainting of the divestment efforts in an article published in the Tampa Bay Times:

“While they are no doubt well-meaning, I believe that the rabbis and other opponents of divestment are sadly misguided. My voice will always be raised in support of Christian-Jewish ties and against the anti-Semitism that all sensible people fear and detest. But this cannot be an excuse for doing nothing and for standing aside as successive Israeli governments colonize the West Bank and advance racist laws.

“I recall well the words of the Rev. Martin Luther King Jr. in his Letter from a Birmingham Jail in which he confesses to his “Christian and Jewish brothers” that he has been “gravely disappointed with the white moderate … who is more devoted to ‘order’ than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: ‘I agree with you in the goal you seek, but I cannot agree with your methods of direct action;’ who paternalistically believes he can set the timetable for another man’s freedom. …”

On a brighter note, the resolution that passed voiced support to “end all military aid to the region.”

Jewish Voices For Peace was unsurprisingly the most active group pushing for divestment, along with the interfaith group Fellowship of Reconciliation. While they failed to convince the Methodists that “divestment from the Israeli occupation is neither anti-Semitic nor anti-Jewish,” important lessons were learned by the outreach experience.

One thing that became clear to activists was that the targeted companies are fully aware and unrepentant of their role in aiding Israel’s crimes against the Palestinian people. Thus, they can move forward now with clear certainty that there is no point in further negotiating with these corporations.

JVP reported that the General Secretary of the General Board of Church and Society of the UMC, Jim Winkler, recently stated:

“As someone who has been involved in the discussions by UM agencies and ecumenical partners with Caterpillar for six years, I would like to share critical issues we have repeatedly raised with the company.

Regrettably, in all of these meetings, including one last week, Caterpillar has told us it has no intention to change any of its business practices relating to the occupied Palestinian territories.”

Another important development in the struggle for justice is that what was once considered “unthinkable” is now being spoken. Tutu writes:

“If we do not achieve two states in the near future, then the day will certainly arrive when Palestinians move away from seeking a separate state of their own and insist on the right to vote for the government that controls their lives, the Israeli government, in a single, democratic state.”

There are still those who would recoil from the idea of Palestinian and Israeli sharing a land in equality as “antisemitism,” but within the American political context this is a pretty uncomfortable position to maintain. For this reason, opponents of equality have worked hard to stifle debate by reframing the issues using emotional language and veiled threats.

White churches have a lot to lose by upsetting the status quo, while Black churches usually have more pressing local concerns. Church involvement in the divestment movement, even if totally supportive, would be more symbolic than effective for major change. However, it is vital to continue to bring the debate into the general American public in these and various other ways.

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By Erica Blake

A West Toledo charity that officially disbanded in February after a years-long legal battle with the U.S. Treasury Department announced Tuesday that the parties have reached a settlement that includes removing KindHearts for Charitable Humanitarian Development Inc. from a list of suspected terrorist organizations.

The Muslim charity also will be paid attorney’s fees and given the opportunity to distribute nearly $1 million in funds raised for humanitarian causes — donations that were blocked when federal agents targeted the organization in 2006 and froze its financial assets.

The three-page settlement agreement made public Tuesday resolves a 2008 lawsuit filed in U.S. District Court in Toledo that challenged the government’s designation and requested that the freeze order be vacated.

More than four years later and after a series of legal wins for the nonprofit organization, KindHearts attorneys called the agreement a victory.

“This resolution has been a long time coming, but it is a tremendous victory for KindHearts and the essential principles of constitutional rule,” said Toledo attorney Fritz Byers, who represented KindHearts.

KindHearts, founded in 2002, was, in effect, shut down when it was announced on Feb. 19, 2006, that the organization was under investigation by the Office of Foreign Assets Control, or OFAC, of the U.S. Treasury Department and would potentially be labeled a “specially designated global terrorist.”

At the time, government officials cited the USA Patriot Act provision that authorizes assets to be frozen while an entity is investigated.

KindHearts’ subsequent lawsuit challenged the process and claimed that by keeping its assets frozen, the government stymied the group’s ability to defend itself.

In a 100-page order released in August, 2009, federal Judge James Carr, who has since moved to senior status, ruled that the government violated KindHearts’ constitutional rights and agreed with the organization’s assertions that it was denied due process and subjected to the unlawful seizure of its property.

Judge Carr’s decision was lauded by KindHearts’ attorneys, including those from the American Civil Liberties Union, who said the ruling stated clearly that the government could not circumvent the Constitution.

Mr. Byers said it was that ruling that eventually led to the settlement.

“Judge Carr’s landmark ruling in 2009 established that the government’s shutdown of KindHearts violated the charity’s rights in the most fundamental ways,” Mr. Byers said.

“With that ruling in place, the government agreed to remove KindHearts from the government’s list of suspected terrorist organizations, to allow KindHearts to distribute the funds it raised to humanitarian causes consistent with its mission and its donors’ intent, and to pay KindHearts’ legal fees incurred in this six-year dispute.

“The result is a tribute to the enduring strength of our bedrock constitutional principles, which serve us, perhaps best of all, at times of supposed national crisis, and to the commitment of KindHearts’ founders to the organization’s charitable mission,” he added.

As part of the settlement agreement, KindHearts must remain dissolved, although those involved in the organization are allowed to form a new organization “to engage in charitable activity in the Middle East or elsewhere.”

According to the settlement, the parties “mutually desire to resolve all the claims” without further legal action or admission of liability or wrongdoing by either party.
Also listed among the conditions is that “all funds and assets owned by KindHearts will be expended, pursuant to licenses by the Office of Foreign Assets Control, to cover KindHearts’ outstanding financial obligations and as grants for charitable purposes to charitable organizations.”

The Treasury Department issued a statement noting that as part of the settlement, the government had issued a license authorizing KindHearts “to, after making certain payments to satisfy outstanding obligations to creditors, distribute the organization’s blocked funds to three internationally recognized nongovernmental organizations involved in humanitarian work.”

“Once the funds are fully disbursed, KindHearts will formally dissolve, cease operations, and close down. OFAC will then lift the order blocking KindHearts’ property pending investigation and remove KindHearts’ name from the List of Specially Designated Nationals and Blocked Persons,” the statement read. “This resolution ensures that KindHearts will not be able to resume the activities that resulted in its property being blocked, and that its property will not be used for illicit purposes.”

Jihad Smaili, a KindHearts board member and attorney who since has relocated to California, noted in a telephone interview that as part of the settlement, the government agreed to pay $330,000 as reasonable attorneys’ fees to the organization.

He said this provision shows that “they pretty much admit doing something wrong.”

“It’s a bittersweet moment for the KindHearts organization. KindHearts is effectively dead because the government has forced it to languish for six years,” he said, noting that the name has been tarnished by what turned out to be nothing more than an unproven allegation.

“…There is a sense of closure because now we know that the government threw its hands up and said, ‘You’re right, we shouldn’t have done this.’?”

Mr. Smaili recounted how in the days and weeks after the organization’s shutdown, he repeatedly tried to learn what evidence had been collected about the group’s alleged affiliation with a militant-terrorist group.

He said KindHearts was not allowed access to any information, including the group’s own seized documents or its funds to hire attorneys.

Instead, he said, the KindHearts name was stained by government officials who accused it of terrorist allegiances without offering any proof. And what had become among the nation’s largest Muslim charities was put out of business.

Mr. Smaili said that the settlement does allow the organization to fulfill its obligations to donate money where it was intended.

Although initially collected for Pakistan earthquake relief, the money will be used to help provide food, school supplies, and medicines to those in need in Pakistan, the Gaza Strip, and the West Bank, he said.

Contact Erica Blake at: eblake@theblade.com, or 419-213-2134.

Blade Staff Writer

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