Faisal Kutty

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Kutty has been a spokesperson and advocate against the excesses of anti-terror legislation and policies. He co-founded the Canadian Muslim Civil Liberties Association in 1994 while still a law student. He helped co-found and served as legal counsel and vice chair of the National Council of Canadian Muslims (NCCM), a Muslim civil liberties & advocacy organization in Canada. The NCCM was previously known as the CAIR-CAN, the Canadian Council on American Islamic Relations.

He has been critical of the Canadian Security Intelligence Service and the Royal Canadian Mounted Police. [13] [14] He attacks CSIS practices targeted at the Muslim and Arab communities, and includes police, the government and the media: [15]

Kutty along with his partner Akbar Sayed Mohamed acted for the CMCLA and CAIR-CAN in their intervention in the Commission of Inquiry into the investigation of the bombing of Air India Flight 182. [16] [17]

Kutty was also involved with the case of Maher Arar, a Canadian accused of terrorism by the United States and held without charges in both the United States and Syria. [18] [19] [20] [21] A Canadian commission later cleared Arar of any links to terrorism, and the government of Canada later settled out of court with Arar. He received C$10.5 million and Prime Minister Stephen Harper formally apologized to Arar for Canada's role in his "terrible ordeal". [22] [23] At the time Kutty argued that:

Arar settlement in Canada does not close the book. It only opens a new chapter of a book that is about more than Maher Arar — it is about the erosion of civil and human rights in Canada as a result of the "War on Terror." The Arar saga brought into focus the unintended victims of draconian laws and policies hastily enacted post 9/11 in Canada and south of the border. It also shed light on the potential of religious and racial profiling inherent in such laws and practices. We can only hope that Arar's second wish which was to "make sure this does not happen to any other Canadian citizens in the future," will also come true. For this to happen, however, more people must realize that due process and fundamental rights must be respected at all times and more so during times of real or perceived crisis when society has a tendency to overreact. [18]

Passenger Protect

He is an opponent of Canada's no-fly list, known as Passenger Protect. [24] At the time of its enactment, he filed submissions against the initiative on behalf of more than two dozen groups titled "Too Guilty to Fly, Too Innocent to Charge?" [25] He also wrote an 'op-ed' about the ineffectiveness of the no-fly list. [26]

"Islamic law" in North America

In 2003 a group of Muslims in Ontario attempted to set up a tribunal to help Muslims resolves disputes using Islamic principles under the Arbitration Act. A huge outcry resulted and the Ontario government appointed former Attorney General Marion Boyd to look into the matter. In December 2004, Marion Boyd released a study that recommended that the Ontario government permit the adoption of sharia tribunals for Muslims who wished to have family arbitration disputes settled in that manner. [27] Kutty commented on this report on behalf of various Muslim groups. [28] [29] He wrote that the purported banning of faith-based arbitration was a delayed opportunity for the indigenization of Islamic law in the North American context. [29]

Some critics claim that he is an Islamist supporter and terrorist sympathizer. He has acted for or represented many individuals and groups accused of terror connections. [30] [31] IRFAN-Canada, an organization that had its charitable status revoked was represented by another lawyer associated with Faisal Kutty and KSM Law, Naseer (Irfan) Syed. [32] The group is appealing the decision and the designation. [33]

Some point to his invitation in 2007 to serve as international trial observer at military trials of political dissidents who were allegedly members of the then banned but tolerated Muslim Brotherhood. [34] He was reportedly invited by the opposition members of the Egyptian Parliament, International Human Rights Groups and the Egyptian Lawyers Syndicate. Initially 226 were going to face these military trials but the number was reduced to 40. [35] [36] On April 15, 2008 a military tribunal at the Haikstip military base on the outskirts of Cairo sentenced Muslim Brotherhood Deputy Supreme Guide Khairat el-Shater and 24 other civilians, seven of them in absentia, to prison terms of up to 10 years. The tribunal acquitted 15 others. The court also ordered the seizure of millions of dollars in assets belonging to the convicted men and their businesses. When Faisal was in Egypt he told a press conference:

"I came here as an independent Human Rights monitor, an independent Human Rights lawyer from Canada to provide my support to make sure that this will come to an end. We want Egypt to have more respect to the International community, and much more respect to Human Rights. And my support here is not to any political party or political movement at all, it’s rather for human rights, the universal principles of Human Rights which Egypt, in my opinion, transgressed in 1982, and is doing that again now for political aims." [34]

During the visit he reportedly met with Mohamed Morsi who went on to become the fifth president of Egypt and was subsequently deposed by the military. His Facebook also shows that he met with Mohamed Beltagy a member of parliament from 2005 to 2010, and current the general secretary of the Freedom and Justice Party which is linked to the Muslim Brotherhood. The Facebook photos also reveal that he met with Dr. Dr. Ahmed Abu Baraka the Freedom and Justice Party's former legal adviser and a senior party leader at the time; [37] Prof. Islam Lofty a former MB youth leader who has since been excommunicated; [38] and other leaders of the movement.

Even prior to this visit he had written about the MB. In a piece titled "No Democracy Without Risks" he wrote that to prevent radicalization of the Muslim world, including Egypt, it is imperative that the secular world, as well as Muslim world leadership, begin by accepting the global reality, whether they like it or not, that Islamists will be long-term players in the future of many Muslim nations. [39] He argued that consistent with this reality, the secular world must rethink its attitude toward moderate groups such as the Brotherhood. He called for true democratic inclusion, a call for Egyptian government accountability for its poor human right record and a drive towards productive dialogue between the government and opposition groups. Unless these steps are taken, the distrust between the Islamists and the secular world will only lead to international instability, he argued. Radicals who call for confrontation will replace movements such as the Brotherhood, which has striven for peaceful change for more than 65 years.

Though it is clear from his writings that he supports Islamic reform and democratization in the Islamic world. This is evident from his reformist writings in various areas and a book review he published in The Globe and Mail . [40]

Despite the cloud of suspicion raised by critics, in 2013, Kutty's law office was instrumental in facilitating the tip off from a Toronto Imam which led to the arrests of two suspects in an alleged terror plot. [41] He wrote in the Toronto Star that a tipoff from a prominent Imam facilitated through his office played a role in the arrests:

"...the government must understand that the majority of Muslims, who are neither secular nor ultra-orthodox, hold the key to any serious and productive bridge-building. If government agencies believe they can win the "war on terror" by undermining front-line soldiers, they had better think again."

Positions

Drone attacks

Kutty argues that the use of drones creates "blowback" and undermines core principles of American identity. [42] He cites statistics from the Bureau of Investigative Journalism, [43] Amnesty International, Human Rights Watch and the conclusions of reports issued by Henry L. Stimson Center [44] and a joint report issued by Stanford Law School/New York University School of Law [45] to make his case. [42]

Islamic law and adoptions

He has called for reforms in the area of Islam and adoptions citing how contemporary practice clashes with the spirit behind the Quran's calls to take care of orphans. [46]

Kutty argues that the belief that closed adoption, as practiced in the West, is the only acceptable form of permanent childcare is a significant obstacle to its acceptance among many Muslims. [47] Kutty believes that there is sufficient basis in Islamic jurisprudence to argue for qualified support of adoptions and even international adoptions. [47] He writes that it is undeniable that taking care of orphans and foundlings is a religious obligation and that the best interest of children has been a recurrent theme among the various juristic schools. [47] Arguably one of the best ways to take care of these children is to place them in loving homes, provided that a child's lineage is not intentionally negated or concealed. [47] He argues that a reformed model of Islamic adoptions will enable Muslims to fulfill this religious obligation while ensuring that the most vulnerable do not fall through technical cracks and will not be negatively impacted by formal rules that no longer serve their intended purposes. [47]

Niqab or face veils

He does not believe that face veils are mandatory according to the most authentic interpretations of Islamic law but he defends the rights of women to choose to wear them in a liberal democratic society. [48] He further argues that scholars are unanimous in holding that the face must be uncovered during circumambulation of the Kaaba in Mecca, during what is arguably considered a peak moment of Islamic spirituality.

Islam and same-sex marriage

He also entered the same-sex marriage debate fray in an article titled "Muslims and Same Sex Marriage: Why the Banning of Gay Marriage May Not Be Required by Islamic Legal Norms" published by the Huffington Post on March 27, 2014. [49] The piece argues that there is sufficient basis within Islamic jurisprudence to not oppose same-sex marriages in a liberal democratic context. The article notes that the current debate is not about changing Islamic marriage (nikah), but about making "sure that all citizens have access to the same kinds of public benefits." The piece argues that while same-sex marriage advocates can demand their full constitutional entitlements, they should not interfere in the religious dogma of others by forcing them to approve of what they sincerely believe is wrong.

Blasphemy and free speech

Kutty has argued that existing blasphemy laws in Muslim nations are anti-Islamic and must be reformed. In a 2014 Huffington Post article he wrote:

There is, of course, strong precedent in the Islamic legal tradition to argue that blasphemous speech targeted at any religion should be restricted, but at the same time there is scholarly consensus around the notion that there is no criminal or worldly sanction mandated... So where does the confusion arise from? It appears that many Islamic jurists conflated blasphemy and apostasy. As prominent classical and contemporary scholars such as Ibn Taymiyyah, Mahmood Shaltut, Mohamed Hashim Kamali and Rabb, among others, have examined the context of the ruling on apostasy and concluded that death was only mandated even in the case of apostasy when it was combined with war against the community...In other words, classical Islamic law interpretations stipulated death as a punishment when apostasy was combined with treason and rebellion against the state, not for blasphemy. [50]

Prior to that, in a 2012 article titled "Free Expression and An Elusive Middle Ground: Part One" published by the JURIST, he expressed a view that it is not only Muslims who wish to restrict free speech, referencing a number of laws throughout Europe that restrict free speech. [51]

Personal

Kutty is married to Sana and has three children. He has two sisters and one brother. He is the son of Canadian Islamic scholar Ahmad Kutty and brother of Canadian author S.K. Ali.

Awards and recognition

Kutty was included in The 500 Most Influential Muslims in the World in 2010, 2011, 2012, 2013, 2014, 2015 and 2016. [52] The List is compiled by The Royal Islamic Strategic Studies Institute and is affiliated with the Royal Aal al-Bayt Institute for Islamic Thought. [53]

Kutty has received many awards during his career, including:

Works

He is a regular contributor to The Toronto Star, The Express Tribune and the Middle East Eye. His writings have also appeared in many newspapers and magazines, including the Toronto Star, The Globe and Mail, Arab News, Alahram Weekly, Northwest Indiana Post-Tribune, Counterpunch, and Lawyers Weekly, National Post among dozens of others. His work appears regularly in JURIST.

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References

  1. ↑ "VU law professor among world's most influential Muslims". nwitimes.com. December 31, 2012. Retrieved 2013-02-18.
  2. ↑ ""Faisal Kutty"". Archived from the original on 2017-03-15. Retrieved 2014-04-12.
  3. ↑ "The Toronto Star – Faisal Kutty"
  4. ↑ " "Site".
  5. ↑ ""Aljazeera – Faisal Kutty"". Archived from the original on 2018-09-29. Retrieved 2014-07-24.
  6. 1 2 ""Faisal Kutty LinkedIn"".
  7. ↑ "Kutty Associates – Full Service Law Firm".
  8. 1 2 3 Robert Benzie, "U.S. gets lesson on fighting terror" July 18, 2006, Toronto Star, NEWS; Pg. A04.
  9. 1 2 3 4 5 6 "TheStar.com - U.S. gets lesson on fighting terror". circ.jmellon.com.
  10. ↑ Robert Benzie, "U.S. gets lesson on fighting terror" July 18, 2006, Toronto Star, Toronto Star, NEWS; Pg. A04.
  11. 1 2 ""SUBMISSION OF CANADIAN COALITION FOR PEACE AND JUSTICETO THE UNITED NATIONS HUMAN RIGHTS COUNCIL FOURTH UNIVERSAL PERIODIC REVIEW CANADA (2008)"" (PDF). Archived from the original (PDF) on 2018-09-29. Retrieved 2014-06-26.
  12. ↑ Austen, Ian (September 25, 2008). "At Canada Terror Trial, the Accused Take on a Less Sinister Cast". The New York Times– via NYTimes.com.
  13. ↑ "Lawyer Faisal Kutty speaks on Civil Liberties in Canada - Nov. 25/08 - PART I of II" – via www.youtube.com.
  14. ↑ "Lawyer Faisal Kutty speaks out on Civil Liberties in Canada - Nov. 25/08 - PART II of II" – via www.youtube.com.
  15. ↑ "Canada Calling – Toronto Arrests Spark Debate About Muslim Extremism". Faisal Kutty.com. Archived from the original on 2011-08-27. Retrieved 2013-05-15.
  16. ↑ "Disclaimer – Electronic Collection" (PDF). Epe.lac-bac.gc.ca. Retrieved 2013-05-15.
  17. ↑ "7CAIR-CAN - CMCLA - Final Submissions PDF | PDF | Islamophobia | Discrimination & Race Relations". Scribd.
  18. 1 2 "Apologizing to Maher Arar: A Beginning, Not an End". jurist.org. 2005-01-21. Retrieved 2007-02-07.
  19. ↑ Mayer, Jane (February 14, 2005). "Outsourcing Justice: The secret history of America's "extraordinary rendition" program". The New Yorker. Retrieved December 3, 2010.
  20. ↑ "His Year in Hell". CBS News . 2004-01-21.
  21. ↑ "Maher Arar will not testify before the Commission of Inquiry" (PDF). Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. 2007-09-06.
  22. ↑ "Harper apologizes for Canada's role in Arar's 'terrible ordeal'". Archived from the original on 2011-11-30. Retrieved 2011-12-26.
  23. ↑ "Harper announces $11.5M compensation for Arar". Canoe News. 26 January 2007. Archived from the original on January 28, 2007. Retrieved 2007-01-26.{{cite news}}: CS1 maint: unfit URL (link)
  24. ↑ "Faisal Kutty - Canada's no - fly list mp3 free download | Faisal Kutty - Canada's no - fly list listen online". October 6, 2014. Archived from the original on 2014-10-06.
  25. ↑ Kutty, Faisal; Shirazi Arsalan (intern) (January 31, 2007). "Too Guilty to Fly, Too Innocent to Charge?". Canadian Council on American-Islamic Relations (CAIR-CAN). SSRN   962797.
  26. ↑ Kutty, Faisal (May 15, 2015). "No-fly lists provide false sense of security". thestar.com. Retrieved February 9, 2017.
  27. ↑ "Sacred Settlements" Canadian Bar Association National Journal
  28. ↑ Faisal Kutty. COMMENTARY: "Boyd's recommendations balance needs of religious communities with rights of vulnerable" Archived 2007-09-27 at the Wayback Machine . lawyersweekly.ca.
  29. 1 2 Kutty, Faisal (2011-01-27). "The Myth and Reality of 'Shari'a' Courts in Canada: A Delayed Opportunity for the Indigenization of Islamic Legal Rulings by Faisal Kutty :: SSRN". Kutty, Faisal, the Myth and Reality of 'Shari'a' Courts in Canada: A Delayed Opportunity for the Indigenization of Islamic Legal Rulings. University of St. Thomas Law Journal. 7. Papers.ssrn.com. SSRN   1749046.
  30. ↑ "Convicted British terrorist had links to accused in Toronto 18 case: U.K. court documents"
  31. ↑ "ANALYSIS: Former CAIR-Canada Official Writes Article Encapsulating Muslim Brotherhood Rhetorical Tactics On Terrorism". April 26, 2013.
  32. ↑ Freeze, Colin (April 8, 2011). "Mississauga charity loses licence to issue tax receipts". The Globe and Mail– via www.theglobeandmail.com.
  33. ↑ "IRFAN-Canada charitable status appeal put on hold"
  34. 1 2 "Faisal Kutty: Egypt Should Have More Respect to Human Rights".
  35. ↑ "Egypt: Muslim Brotherhood Detainees Face Military Tribunals". February 14, 2007.
  36. ↑ "Egypt: Military Court Convicts Opposition Leaders". April 15, 2008.
  37. ↑ "Will Egypt's Islamic Parties Nullify Peace Treaty with Israel?". Jerusalem Center for Public Affairs.
  38. ↑ "Rifts in Muslim Brotherhood Mark Egypt's Political Disarray". Archived from the original on 2014-07-20. Retrieved 2014-06-19.
  39. ↑ "No Democracy Without Risks"
  40. 1 2 Kutty, Faisal (July 9, 2009). "Islam, Secularism and Liberal Democracy, by Nader Hashemi". The Globe and Mail– via www.theglobeandmail.com.
  41. ↑ "Opinion | Muslims hold key to fighting terror". thestar.com. April 25, 2013.
  42. 1 2 ""The drone 'blowback'"". Archived from the original on 2014-07-19. Retrieved 2014-07-19.
  43. ↑ "Covert Drone War"
  44. ↑ Mechanix, Web (June 26, 2014). "Recommendations and Report of the Stimson Task Force on US Drone Policy • Stimson Center".
  45. ↑ ""Living Under Drones"". Archived from the original on October 6, 2014.
  46. ↑ ""Islamic Law, Adoptions and Kafalah"". Archived from the original on 2014-05-12. Retrieved 2014-06-15.
  47. 1 2 3 4 5 Kutty, Faisal (20 June 2014). "Page Cannot be Found". papers.ssrn.com. SSRN   2457066.
  48. ↑ "Veils and justice". thestar.com. February 4, 2009.
  49. ↑ "Why Gay Marriage May Not Be Contrary To Islam". HuffPost. March 27, 2014.
  50. ↑ "Why Blasphemy Laws Are Actually Anti-Islamic". HuffPost. April 15, 2014.
  51. ↑ ""Free Expression and An Elusive Middle Ground: Part One"". Archived from the original on 2014-06-06. Retrieved 2014-06-03.
  52. ↑ "Home". The Muslim 500.
  53. ↑ Susan Emery Times Correspondent (2012-12-31). "VU law professor among world's most influential Muslims : Valparaíso News". Nwitimes.com. Retrieved 2013-05-15.
  54. ↑ "Log in or sign up to view". www.facebook.com.
  55. ↑ "Making Democracy Work: CAIR-Cleveland Northern Ohio 10th Anniversary Gala". Archived from the original on 2014-06-21. Retrieved 2014-06-21.
  56. ↑ ""HON. DENNIS J. KUCINICH OF OHIO IN THE HOUSE OF REPRESENTATIVES"".
  57. 1 2 3 "Faisal Kutty | Valparaiso University Law School | Valparaiso University".
  58. 1 2 3 4 5 "Author Page for Faisal Kutty :: SSRN". papers.ssrn.com.
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Faisal Kutty
PhotoFK.jpg
Born
Valanchery, Kerala, India
Nationality Canadian
Occupation(s)Lawyer, law professor, public speaker, writer and activist
Academic background
Alma mater York University, University of Ottawa Faculty of Law and Osgoode Hall Law School