Islam in American Prisons : Black Muslims' Challenge to American Penology (Law, Justice and Power)

231 Pages·2009·2.67 MB·English

by  Hamid Reza Kusha

Islam in American Prisons
Black Muslims' Challenge to American Penology
Hamid Reza Kusha
Islam In amerIcan PrIsons
The growth of Islam both worldwide and particularly in the United states is
especially notable among african-american inmates incarcerated in american state
and federal penitentiaries. This growth poses a powerful challenge to american
penal philosophy, structured on the ideal of rehabilitating offenders through
penance and appropriate penal measures. Islam in American Prisons argues that
prisoners converting to Islam seek an alternative form of redemption, one that
poses a powerful epistemological as well as ideological challenge to american
penology. meanwhile, following the events of 9/11, some prison inmates have
converted to radical anti-Western Islam and have become sympathetic to the goals
and tactics of the al-Qa’ida organization. at the same time, other Islamic groups
such as the nation of Islam are working with large segments of black inmates to
convert them to their own, often controversial, brands of Islam. This new study
examines this multifaceted phenomenon and makes a powerful argument for the
objective examination of the rehabilitative potentials of faith-based organizations
in prisons, including the faith of those who convert to Islam.
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Islam in american Prisons
Black muslims’ challenge to american Penology
HamId reza KUsHa
East Carolina University, USA
© Hamid reza Kusha 2009
all rights reserved. no part of this publication may be reproduced, stored in a retrieval system
or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or
otherwise without the prior permission of the publisher.
Hamid reza Kusha has asserted his moral right under the copyright, designs and Patents act,
1988, to be identified as the author of this work.
Published by
ashgate Publishing limited ashgate Publishing company
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Union road 101 cherry street
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British Library Cataloguing in Publication Data
Kusha, Hamid reza
Islam in american prisons : Black muslims’ challenge to
american penology. - (law, justice and power series)
1. criminal justice, administration of - United states
2. african american prisoners - religious life - United
states 3. muslim converts - United states - attitudes
4. muslims, Black - United states - attitudes
5. Imprisonment - religious aspects - Islam 6. radicalism -
religious aspects - Islam
I. Title
365.6'088297
Library of Congress Cataloging-in-Publication Data
Kusha, Hamid r.
Islam in american prisons : black muslims’ challenge to american penology / by Hamid reza
Kusha.
p. cm. -- (law, justice and power)
Includes bibliographical references and index.
IsBn 978-1-84014-722-3 (alk. paper) -- IsBn 978-0-7546-8865-5 (ebook) 1. Prisons--
United states--History. 2. Islam--United states. 3. criminal justice, administration of--United
states. I. Title.
HV9471.K87 2009
365'.6088297870973--dc22
2008055529
IsBn 978-1-84014-722-3
eIsBn 978-0-7546-8865-5
contents
List of Tables vii
Preface ix
Acknowledgments xi
1 Introduction 1
2 Judeo-christian Foundations of american Penology 13
3 american Penal Philosophy: an overview 49
4 Black Incarceration: a Historical analysis, 1960–2007 65
5 adverse Impacts of Incarceration 99
6 Islam in american Prisons 135
7 Islam’s challenge to american Penology 173
8 conclusions 199
Index 213
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list of Tables
2.1 a comparison between White and african-american homicide
rates in 1992 43
2.2 a comparison between White and african-american household
victimization rate in 1992 43
2.3 a comparison between White, african-american and Hispanic
american victimization rates for crimes of violence in 1992 44
4.1 race and ethnic origins of prisoners, 1990–1999 66
4.2 state-based differences in incarceration rate 69
4.3 Incarceration rates in the United states, 1850–1998 70
4.4 race and ethnic composition of convicts on death penalty,
1990–1998 71
4.5 Percentile change in adult correctional population, 1980–1998 72
4.6 characteristics of state prisoners under age 18 in 1997 79
4.7 Variables affecting disproportionate minority confinement 82
4.8 Pilot states’ ethnic and racial composition based on 1990 census 83
4.9 arrest (%) for three juvenile age category offenders in 1995 86
4.10 estimated juvenile crimes, arrests and percentile change for three
juvenile age categories between 1980–1995 87
4.11 risk and protective factors pertaining to community, family,
personal/peer, and school 91
4.12 Juveniles incarcerated in state prisons for serious offenses,
1985–1997 94
4.13 serious juvenile offenses and felony convictions 95
5.1 Illicit drugs used in state correctional facilities between 1991–1997 111
5.2 alcohol or illicit drug induced offenses during the time of
commission in Usa 112
6.1 The growth of muslim mosques in Usa, 1994–2000 142
6.2 african american inmates professing Islam in nY prisons 161
6.3 new York prisons housing african-american muslims 161
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Preface
Islam is one of the fastest growing monotheistic faiths in the world, including in
the United states of america. This growth is especially notable among african-
american inmates incarcerated in both state and federal penitentiaries. The
epistemological thrust of this book is that this growth poses a powerful challenge
to american penal philosophy, which theoretically is structured on the ideal of
rehabilitating offenders through penance and appropriate penal measures. From
colonial times to present, american penal philosophy has been adamant that a
just regime of punishment is one that applies penal measures that perform their
designated penal functions. However, following its Judeo-christian base and
notion of penal fairness, this regime must allow for rehabilitation so as to give
the convicts a second chance for redemption. american penologists have utilized
institutional incarceration as the main vehicle for achieving this ideal. However,
the general history of incarceration in both state and federal penal institutions
hardly resonates harmoniously with the american penal philosophy’s rehabilitative
ideals. The nature of life in penal institutions is a dehumanizing experience marred
with violence and exploitation. In addition, racial and ethnic minorities are being
incarcerated disproportionately to their general crime and demographic rates in
this country.
Thus, one argument of this book is that prison-bound conversion to Islam is
an alternative form of redemption sought by the converts; this poses a powerful
epistemological as well as ideological challenge to american penology. The larger
epistemological base of this challenge is continuously being formed, refurbished,
and enhanced among a segment of the inner-city african-american communities
who do not perceive their overall social, economic and political standing
improving. For this segment, Islam is an empowering alternative to reclaiming
their deserved share of the american dream. With the tragic terrorism events of
11 september, 2001, prison administrators have been warned of the possibility of
terrorist recruitment from among prison inmates who convert to what is known
as “radical Islam” which is being identified with Wahhabism practiced in Saudi
arabia as well as among the followers of the terror master Usam Bin laden’s al-
Qa’ida movement. There are cases being documented showing that some of these
converts are sympathetic to al-Qa’ida organization and to its brand of radical,
anti-Western Islam. at the same time, there is ample evidence of other Islamic
groups that are working with a large segment of black inmates converting them
to their brand of Islam such as for example, the nation of Islam (noI), and a host
of other north american Islamic movements. The success of the nation of Islam,
as we shall explore in this book, is due to two interconnected factors. First, the
nation of Islam has provided an effective prison-bound mechanism of protection