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	<title>muslimlegal.ca &#187; Imams</title>
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	<description>Legal Issues and News Relevant to Muslims in Canada</description>
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		<title>Exorcism Contracts</title>
		<link>https://muslimlegal.ca/?p=154</link>
		<comments>https://muslimlegal.ca/?p=154#comments</comments>
		<pubDate>Sun, 29 Jul 2012 23:59:37 +0000</pubDate>
		<dc:creator><![CDATA[Irfan]]></dc:creator>
				<category><![CDATA[Contracts]]></category>
		<category><![CDATA[Imams]]></category>
		<category><![CDATA[Sunni]]></category>

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		<description><![CDATA[One of my most interesting assignments involve advising an Imam who wishes to limit his liability exposure during Exorcisms. While most popular culture images of exorcisms arose from the 1973 move called &#8220;The Exorcist&#8221; starring Linda Blair as the demonic child, interest continues with widely-disseminated stories of Catholic priests performing exorcisms.  The most famous appears to [&#8230;]]]></description>
				<content:encoded><![CDATA[<p>One of my most interesting assignments involve advising an Imam who wishes to limit his liability exposure during Exorcisms.</p>
<p>While most popular culture images of exorcisms arose from the 1973 move called &#8220;The Exorcist&#8221; starring Linda Blair as the demonic child, interest continues with widely-disseminated stories of Catholic priests performing exorcisms.  The most famous appears to be a quite elderly priest known as <a title="Gabriele Amorth" href="http://en.wikipedia.org/wiki/Gabriele_Amorth"><span>Gabriele <span>Amorth</span> </span></a>who has written two books on the subject and claims to have performed tens of thousands of exorcisms per year.  However, it appears he is not a Vatican official and does not carry out his activities <a title="Vatican Exorcism Stories" href="http://ncronline.org/blogs/all-things-catholic/warning-labels-vatican-stories-especially-exorcism" target="_blank">under the Pope or under Vatican license</a>.</p>
<p>Exorcisms in the Islamic world appear to be much less popularly known in Canada and the United States, though such exorcism services are becoming more widely available in North America.</p>
<p>As my Imam client explained to me, there are generally three sub-categories of &#8220;exorcism&#8221; that he is usually called upon to deal with: (1) Evil Eye; (2) Black Magic; and (3) Jinn.</p>
<p>Sub-categories 1 and 2 have similar equivalents in most other religions and cultures, including those in the West.</p>
<p>In fact, as an aside, <a title="Accused Witch Arrested" href="http://www.lawtimesnews.com/200911305906/Headline-News/Accused-witch-arrested" target="_blank">fraudulently pretending to exercise witchcraft, sorcery, enchantment or conjuration is apparently a summary conviction offence under the Criminal Code</a>.  A 2009 victim of such a practitioner of the Dark Arts, turned out to be a lawyer, of all people. <a title="Guilty Plea" href="http://www.lawtimesnews.com/201008027297/Headline-News/Accused-witch-pleads-guilty-to-fraud-leaves-lawyer-in-ruins" target="_blank">The accused witch plead guilty to fraud in 2010.</a></p>
<p>As a further aside, I, myself, had the occasion to counsel a victim of such type of fraud that went further than seeking just money.  A poor woman who had felt she was under the spell of an Evil Eye went to a Black Magic practitioner to help her get rid of it.  The practitioner was not an Imam, but another woman who had a reputation for helping women in these types of situations.  Though the practitioner did not call herself a witch, she apparently engaged in an elaborate non-Islamic ritual that purportedly involved the slaughter of a cat.  In a follow-up session, the witch sexually assaulted the victim.  The victim was not only humiliated and frightened, but she was also too intimidated to go to the police because the witch had told her that she (the victim) would be arrested for animal cruelty.  Eventually, through advising her husband, we managed to get her to go to the police and file a complaint which led to charges and arrest of this witch as well.  As far as I learned, no cats were ever actually harmed in the making of this fraud and assault.</p>
<p>Now, let&#8217;s get back to the main matter of this post.  With sub-category 3 above, the Muslim concept of Satan/Devil is a little different, in that he is considered to come from the race of beings known as the Jinn,  said to be composed of &#8220;smokeless fire&#8221; (energy?), and whose primary power over humans is leading them astray through whispers and temptations.</p>
<p>According to my Imam client (and other mainstream Imams in Canada who I have heard speak on the subject), Jinn possession causes a person to often speak and act in different voice and manner than they ordinarily would.  How they distinguish a medical condition from a spiritual problem is an art based on their education (both secular and religious) and experiences.</p>
<p><span>The main component of an Islamic &#8220;exorcism&#8221; involves recitation of the <span>Quran</span> in a ritual of spiritual healing.  The person who is undergoing such a ritual may react in a number of ways, including violently.  My client Imam, who does not physically touch the subject person, always ensures that the person comes with family members and/or friends who may be called upon to act if things get out of hand.</span></p>
<p>While Priests affiliated with the Vatican probably have some kind of insurance (likely the Church self-insuring itself) in the event of damages or injuries resulting from an exorcism, most Sunni Imams, who do this either for free as a community service or to earn extra income, are on their own. These Imams will have to look out for themselves as there is probably no commercial insurance available and no Canadian Islamic institutions able or willing to take the financial risk in case something goes wrong.  So, maybe as a last resort (save God), that&#8217;s where a lawyer can come in handy to help draft just the right contract.</p>
<p><span>The broad issues to be dealt with in such a contract are similar to, perhaps a combination of, those found in (a) service contracts; (b) medical consent to treatment forms, and (c) where minors are involved, the approval of guardians or parents.</span></p>
<p>The Imam should ask for all relevant disclosure while assuring confidentiality.  The subject has to generally be informed of the procedures and made aware of the consequences that could result, including nothing at all (i.e. a failure to cure).</p>
<p><span>I can put into the Imam&#8217;s contract all sorts of legalese terms to disclaim or limit liability exposure for him, but he has to ensure that the contract is read and understood by the subject and the applicable parents/guardians.  While that may require a language translator, I&#8217;ve also put a clause  into the contract to the effect that the subject person has been provided the opportunity to obtain independent legal advice.  I hope the potential &#8220;<span>exorcisee</span>&#8221; does in fact seek their own legal counsel as I look forward to feedback from my legal colleagues.  No experience in the occult necessary.<br />
</span></p>
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		<title>What is an Imam Worth?</title>
		<link>https://muslimlegal.ca/?p=142</link>
		<comments>https://muslimlegal.ca/?p=142#comments</comments>
		<pubDate>Mon, 09 Jul 2012 02:41:55 +0000</pubDate>
		<dc:creator><![CDATA[Irfan]]></dc:creator>
				<category><![CDATA[Imams]]></category>
		<category><![CDATA[Sunni]]></category>

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		<description><![CDATA[The Muslim Chaplaincy at the University of Toronto recently launched a campaign to raise money to bring a full-time paid chaplain to support Muslim students at the University.  First widely reported in a Toronto Star story, this has generated a lot of interest, comment, and even excitement.  The stated goal is to raise $70,000 000 to cover the immediate [&#8230;]]]></description>
				<content:encoded><![CDATA[<p>The <a href="http://mcuoft.com/about/the-muslim-chaplaincy/">Muslim Chaplaincy at the University of Toronto</a> recently launched a campaign to raise money to bring a full-time paid chaplain to support Muslim students at the University.  First widely reported in a <a href="http://www.thestar.com/news/gta/article/1211098--canada-s-first-full-time-paid-muslim-chaplain-being-sought-at-the-university-of-toronto">Toronto Star story</a>, this has generated a lot of interest, comment, and even excitement.  The stated goal is to raise $70,000 000 to cover the immediate salary, administrative and program costs of the chaplaincy.  It&#8217;s not quite clear what the Chaplain&#8217;s actual salary will be.</p>
<p>Part-time Muslim chaplains serve at various institutions, including universities, hospitals, correctional facilities, law enforcement agencies and the military.  Most of these Chaplains are Imams with varying degrees of expertise and qualifications who hold one or more other jobs.</p>
<p>The interesting question this campaign raises, which is not widely discussed enough, is what in fact is a Chaplain or an Imam worth?</p>
<p>In my own legal practice I have had the opportunity to act for Imams in in their individual and collective capacities as well as for institutions that hire them.  Most of the employment contracts relating to Imams that have been brought to me for review were not drafted by a lawyer.  Often, neither side will have taken the contract to a lawyer for review or advice before they have been signed, sealed and delivered.  Fortunately, when disagreements arise, settlement terms can usually be reached quietly.  Occasionally, where a congregation becomes split with members taking opposites sides for or against a particular Imam, matters can erupt into full-blown litigation.  While reasons for litigation involving Imams usually relate to other issues of management and control of an institution, sometimes it does come down to how an Imam carries out his duties and makes his living.</p>
<p>From my own observations, I have seen salaries of Imams who are generally employed full-time with one particular institution range between $25,000 and $75,000.  <strong>However salaries at the upper end of this range are very, very rare; the most common salaries are between $30,000 and $40,000. </strong></p>
<p>While to my knowledge, no systematic studies have been done regarding Imams, there have some surveys, mostly in United States, of what clergy earn.  Reports have been published in <a href="http://forward.com/articles/131325/">The Forward</a>, <a href="http://www.slate.com/articles/news_and_politics/explainer/2012/01/how_much_do_rabbis_priests_pastors_and_imams_earn_.html">Slate.com</a>, <a href="http://www.huffingtonpost.com/2012/01/13/clergy-salaries-rabbis-priests-pastors-imams_n_1204870.html">The Huffington Post</a>, <a href="http://www.christianpost.com/news/report-reveals-salaries-of-megachurch-pastors-46779/">The Christian Post</a>, and a <a href="http://www4.carleton.ca/jmc/cnews/02032007/n3.shtml">publication by Carleton University&#8217;s School of Journalism</a>.</p>
<p>The chart in The Forward article showed a stunning contrast and I reproduce it here.</p>
<p><a href="http://muslimlegal.ca/wp-content/uploads/2012/07/preacher.chart-091710.jpg"><img class="alignnone size-medium wp-image-144" title="preacher.chart-091710" src="http://muslimlegal.ca/wp-content/uploads/2012/07/preacher.chart-091710-300x130.jpg" alt="" width="300" height="130" /></a></p>
<p>While the fine print in the chart above does indicate some of the information may be quite out-dated for the Christian clergy, most surveys do indicate that most Rabbis in the U.S. earn over $100,000.  Protestant clergy in the U.S. appear to reach such high levels only with Megachurches, while Catholic Priests are often much lower  (Carleton U&#8217;s journalism school&#8217;s report cited a 2007 Canadian report in Canada indicating they make about $45,000).   The Slate.com article cites a $30,000 figure for Imams.  Other articles also use examples ranging from $31,000 to $34,000.</p>
<p>While other clergy often get housing and pensions as additional benefits, it is vary rare for Imams in Canada to receive the same.</p>
<p>The variation of average earnings of clergy between different faith groups could probably be explained somewhat from their respective training and governance structures, histories in North America, as well as community needs and capacities.</p>
<p>The standard expected range of duties for Imams include leading prayers, giving Friday sermons, some teaching, officiating at weddings and other ceremonies, and various types of counselling.  Surprisingly, sometimes even more mundane tasks are included, such as cleaning and maintaining the mosque.  Other times, Imams upon their own initiative or by expectation also lead fundraising efforts.  In almost all situations the duties of an Imam will increase from what they may have bargained for.</p>
<p>While a younger Imam may have the patience and availability to work long hours for meager compensation, more senior Imams with family obligations find themselves constrained by time and finances.  Even though Imams, like other clergy, are entitled to certain unique allowances and tax deductions, very few Islamic institutions have the capacity to fairly compensate a qualified Imam with good multi-lingual skills and well-rounded education and experiences that would suit the needs of a diverse congregation as well as interact effectively with the broader Canadian Society.</p>
<p>Some Imams are the leaders in their institutions and command great respect and loyal following among their congregation and deference by the Board of Directors.  Other Imams are consigned to the bottom rung of their institution and retained only to provide a veneer of religious credibility to management who have their own collective or individual interests.</p>
<p>Poorly-paid Imams with greater needs or ambitions often must supplement their income, through additional teaching, counselling, outside officiations, or leading groups on Hajj and Umrah pilgrimages to Mecca.  Some Imams are blessed with good business sense and engage in successful profitable ventures on the side or before becoming full-time imams. Others are simply blessed and extra income comes to them from fortuitous associations.  These Imams can simultaneously bring a smile to my face, as well as make me shake my head, when I see their legal issues.</p>
<p>Some Imams received their religious education in very traditional settings, often overseas, but increasingly also at institutions in North America.  Some Imams are entirely self-taught with very little if any formal training at all.</p>
<p>Since Sunni Muslims have no central religious authority in Canada, various Imams have felt the need to organize themselves both as a defensive measure to prevent their exploitation, but also as an attempt at self-regulation and to gain broader recognition and authority, including in the field of Halal certification.  The two best known organizations of Imams in the Greater Toronto Area are the <a href="http://www.canadiancouncilofimams.com">Canadian Council of Imams </a> and the <a href="http://ccmt.jucanada.org/">Canadian Council of Muslim Theologians </a>.</p>
<p>Once the funds are raised for the Chaplaincy Program at U of T and they are actually ready to hire someone, it will be interesting to see what qualifications they will require for the job .  Would most of the Imams in Canada be able to meet the expected wish list of requirements?</p>
<p>Interestingly enough, Emmanuel College at the University of Toronto Canadian offers a <a href="http://www.emmanuel.utoronto.ca/coned/muslimstudies.htm">Canadian Certificate in Muslim Studies</a>, partially aimed at Imams to help them meet the needs of the Muslim community as well as the expectations of a larger society.</p>
<p>The courses are part of Emmanuel College’s continuing education program and do not require prerequisites, prior degrees or other preparation.  Apparently 8 courses are required for the Certificate and there appear to be a wide range of potential courses and instructors.</p>
<p>The Canadian Dawn Foundation entered into a <a href="http://cdndawnfoundation.ca/node/25">Memorandum of Understanding </a>with Emmanuel College to support this program and in order to make it more widely accessible they are providing funding to subsidize the fees.</p>
<p>Emmanuel College says they will be exploring development of a Master of Pastoral Studies track to educate Muslim chaplains for working in schools, hospitals, nursing homes, prisons, and elsewhere where there is a need for Muslim spiritual care workers.</p>
<p>It would be ironic if the University of Toronto were to be the only place that could providing the necessary “finishing school” for the education of Canadian Imams as well as provide the only place where they could get a job with compensation actually commensurate with their abilities and importance.  I’m sure U of T will have lawyers available when the times comes to draft the employment contract.  As for the Imams who intend to apply, when the time comes for the successful applicant to review their contract, I’m sure I could recommend them to at least one lawyer to help them out even out the legal &#8220;praying&#8221; field <img src="https://muslimlegal.ca/wp-includes/images/smilies/simple-smile.png" alt=":-)" class="wp-smiley" style="height: 1em; max-height: 1em;" /></p>
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