Topic: Muslim Ban

Course Title/Code: HSC0344

Name: Abdul Manaf bin Mahmud

Matric Number: 194665

Programme : TPHM

Section number: 700

Instructor’s Name: Jefri Hakim bin Khairil

Semester: 1 2019/2020
On the 27th of January 2017, President Donald Trump signed the first version, Muslim ban 1.0

and it became effective on that day. As a result, it sparked a huge rebellion among the citizens of

the United States of America and within the same day, thousands of people flocked the airports to

protest against the issue. Before we go further into this international issue, What is defined as a

Muslim Ban? It is an Executive Order 13769, titled protecting the Nation from Foreign Terrorist

Entry into the United States or also known as a “travel ban”. In other words, it is a total and

complete shutdown of Muslims from entering the United States only for the sole reason of the

fact that they are Muslims.“Terrorism has no nationality or religion” a quote by (Vladimir Putin,

December 2004) the current President of Russia. If we relate the quote, in the context of the

Muslim Ban we can decipher that, The Muslim Ban is a form of prejudice and national

discrimination by the president of the United States against Muslims since he was the one who

first ordered it. What are the impacts of the Muslim ban? The effects of a muslim ban go far

beyond travel restrictions as it has indefinitely separated families, disrupted educational and

academic pursuits, kept individuals from life-saving medical treatment, harmed the U.S. and

world economies, stigmatized migrants and stoked the flames of hate towards muslims.Homeland

Security indefinitely suspends the issuance of vast majority of visas sought by individuals from

Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.Fortunately, later on the executive order

13769 took effect only up until March 16, 2017.

To begin with, from the political issue that I’ve chosen, the first political concept that I can relate

to the main issue is authority which can be defined as the power given by the court of law or

constitution. In the respect of the Muslim Ban, as an evidence to support my argument, It is

proven Donald Trump as he is the current President of The United States of America, that he is in

the position of power to make amendments or alterations in regards to the immigration

regulations or law for the citizens in the United States of America as he sees fit.Despite the fact

that the idea of the first muslim ban has been rejected by the Supreme Court due to the fact that it

is perceived to be motivated by religious hostility, later on President Donald Trump uses his
power as President to propose newer versions of the Muslim ban by making amendments and

modifications on the first one in order to meet the requirements and standards of the law and the

federal court because the Supreme court find it to be unconstitutional but in the end version 3.0 is

finally approved. Muslim Ban 1.0 was first issued within days of Trump taking office, as it was

hastily rolled out, and was provided with small guidance to implementing agencies and on-the-

ground officials which as a result lead to pandemonium across airports throughout the nation.

Throughout his campaign and presidency, President Donald Trump has tapped into racism,

xenophobia, and Islamophobia, easily preying on people’s emotions and exploiting their

fears..For instance, there has been countless of scenarios, which we can find either on national

television, in news reports and articles as well as other sources that President Donald Trump has

expressed his hatred and resentment towards Muslims and our religion Islam. His attempts to

antagonize muslims as a whole, has caused for a large portion of the citizens of the United States

to be influenced, or brainwashed with the perception that Muslims are radical Islamic terrorists

which is utterly false. Ultimately in the connection of the Muslim ban, there are quite a handful of

Trump’s supporters out there who agree with the Muslim Ban being implemented in the U.S.

immigration law system despite the fact that it violates the U.S. law and treaty commitments.

If we look at this political concept from an Islam point of view, Islam preaches on the value of

justice in this world. According to the American Heritage Dictionary, Justice is moral rightness

and equity or the conformity to moral rightness in action or attitude in accordance with honor,

standards and law. However, Justice as revealed in the Quran commands mankind to behave in a

fair and just manner. We, the humble servants of Allah S.W.T has been commanded by the

almighty to protect the rights of others, to be fair and just with people regardless of their

background or social status, to defend and protect those who are under oppression, to lend a

helping hand and also lastly to not go beyond the boundaries or limitations set by the almighty

Allah S.W.T. “Oh you who believe! Stand out firmly for justice, as witnesses to Allah, even

though it be against yourselves, or your parents, or your kin, be he rich or poor, Allah is a better
protector to both (than you). So follow not your lusts, lest you may avoid justice, and if you

distort your witnesses or refuse to give it, verily, Allah is ever well acquainted with what you

do.”(Surah Nisa: 135). In the following ayaah that I have stated, Allah S.W.T has commanded in

explicit words on why it is pivotal to stand up for justice. In the perspective of the Muslim ban,

justice must be served for the muslims as the enactment of the Muslim ban law is a form of

oppression. We should not be punished for our religion or our national origin instead we should

be given the freedom to practice our religion freely in the name of equality. The Muslim ban is

basically stripping the rights of us Muslims as humans considering the fact that it violates the

human rights. As proof in the Human Rights Committee General Comments “No. 18 as well as

No.31 which discusses the importance of Article 2, specifically it's non-discrimination provision,

Article 2(1), in ensuring that the rights of all individuals within the territory and jurisdiction of

the State are protected and guaranteed by the State, regardless of an individual's race, religion,

political or other opinion, national or social origin (to name a few rights) which are undeniably

violated by the proclaimation's discriminatory intent and effect on Muslims and nationals from

Muslim-majority countries. “

Continuing on, the next political concept which is in correlation with the Muslim Ban issue is the

concept of Hurriyyah or Freedom which is one of the principles of Islamic Political Order.

Huriyyah or freedom can be derived as the ability “to act according to one’s own moral

convictions, to make ideological and intellectual choices, and to take decisions on the basis of

these convictions and choices.As it has already been stated in the Quran, in surah Al-Baqarah

(2:256) that ‘there is no compulsion in religion’.However, in the framework of the Muslim Ban,

the concept of freedom or Huriyyah when it comes to religion is not being uphold or practiced by

President Donald Trump considering the fact that the United States of America is a melting

pot..The metaphor “melting pot” refers to the diversity and fusion of nationalities,culture,

ethnicities, race and religion of the citizens.Not to mention statistics, have shown that the basis or

foundation of the U.S. is built upon immigration as the U.S. has the largest immigration
population in any other country in the world, with 47 million immigrants as of 2015. This fact

seems to be completely ignored by Donald Trump for some reason. Instead, the president should

allow for the Muslims to practice their religious belief in peace and not antagonize them.

From an Islamic perspective, Islam teaches its adherence on the value of religious tolerance.

Religious tolerance technically means accepting the differences of others whether in religion, race

or another or to allow others to practice their various religious belief or faith freely without

prejudice or judgment. Religious tolerance also means recognising the existence of other religious

doctrine and being able to live together and co-exist with people who practice a different religion

from us in the same place and space.Since the relevation from Allah S.W.T. has been sent down

to mankind in the form of the Al- Quran, through explanation,clarification and repetition done by

the prophet Muhammad S.A.W. which whom has clearly distinguished between the path of

guidance from the path of misguidance it is one’s own discretion to choose his own path.Which is

why, under no condition should an individual be forced to accept a belief or faith against his own

will.Moving on, is the right of worship.Islam promises the protection and security of humans

regardless of their religious belief to be able to worship according to their religion. The guarantee

of safety and protection also includes their houses of worship as well due to their sacredness and

holiness. Furthermore, the equality of mankind is also another important principle that needs to

be instilled in society.Islam treats people of other faith justly as any other fellow human being

who deserve kindness and hospitality plus Islam also gives humanity the right to their

humanness.One of the evidence in the form of historical record from the Sirah is the story of

Mut’im bin’Adi who was a Meccan Polytheist.During prophet S.A.W’s return from Taif, he

entered Mecca under Mut’im’s protection and patronage.Unfortunately the good man died in the

state of a non- believer.Upon his death, a poem praising him was loudly pronounced by a Muslim

poet the poem including a line that says: “If the day makes the glory, the glory of day will be

one, and the glory of his day will be Mut’im bin Adi. This as a result, made the prophet S.A.W

burst into tears as he was touched by the poem.

REFERENCES:

1. https://www.nilc.org/wp-content/uploads/2018/01/understanding-the-Muslim-bans.pdf

2.https://truthout.org/articles/in-upholding-muslim-ban-the-supreme-court-ignored-international-

law/

3.https://www.americanbar.org/groups/litigation/publications/litigation_journal/2016-

17/summer/civil_rights_muslim_ban_violates_us_law_and_treaty_commitments/

4.https://www.jurist.org/commentary/2019/04/mohamed-arafa-donald-trumps-travel-ban/

5.https://www.jurist.org/commentary/2019/04/mohamed-arafa-donald-trumps-travel-ban/

6.https://ccrjustice.org/home/get-involved/tools-resources/pubpublications/muslim-ban-

discriminatory-impacts-and-lack

7. https://www.theguardian.com/us-news/2018/jun/26/trump-travel-ban-supreme-court-ruling-

explained

7. https://fpif.org/keeping-up-the-fight-against-the-muslim-ban/

8. https://www.brennancenter.org/blog/trumps-travel-ban-still-unconstitutional

9. https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1071&context=mjrl

10. https://medium.com/nilc/86-times-donald-trump-displayed-or-promoted-islamophobia-

49e67584ac10

11. https://theintercept.com/2017/01/29/trumps-muslim-ban-triggers-chaos-heartbreak-and-

resistance/