Darab v. United States

623 A.2d 127 (1993)

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Nature of the Case

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Facts

The Islamic Center is owned and operated by an organization incorporated as the Islamic Center. The Board of Governors named Dr. Samuel Hamoud the administrator and program planner of the Islamic Center. Dr. Hamoud was responsible primarily for secular matters. On July 11, 1983, a service was scheduled to celebrate the end of the Fast following Ramadan. It was also the first day that the Mosque was open to the public following a three to four month renovation period. Dr. Hamoud was expecting 1,500 to 3,000 people; the capacity of the Mosque was only 850 to 1,000 people. Mohammed Asi and Tariq Khan were displeased with the appointed leadership at the center and wanted to have a greater role in its administration. By a congregation vote, Asi was chosen by 250 votes to be Imam. On March 5, 1983, Asi was evicted from his apartment in the Islamic Center, and the Center was closed. Asi led worship outside the center. Hamoud was preparing for the reopening and hired security. Hamoud anticipated that a confrontation might occur between those leading the service conducted by the appointed Imam and the dissatisfied segment of the Muslim community led by Asi. The Center opened its appointed Imam, Dr. Al-Aseer led the worship. As the prelude started, the violence began. Al-Aseer was hit, and his turban was knocked to the floor. Hamoud heard people yelling that fighting was taking place inside the Center. He observed an unauthorized man sitting on the mimbar with a microphone in his hand. Hamoud asked twice for the microphone. The man refused and continued chanting. The man swung the microphone at him, hitting him in the arm. Other worshipers were defending the appointed Imam and blows were being struck. Hamoud was knocked to the ground, and he observed more fighting and arguing. Hamoud was being hit and kicked. He crawled toward the back of the Mosque and ran out in order to call the police. The police arrived, and Hamoud decided to clear the Mosque. Everyone inside was warned to leave or be arrested by a man giving the warning through a bull-horn. Ds claimed that they never heard the warnings to leave. Ds were arrested and most claimed that they were operating under a belief that they had the right to remain in the Mosque because no one had the authority to interfere with a religious service. This latter belief was based on a 'fatwa,' which Asi had obtained from the Al-Azhar University in Cairo, Egypt, and circulated and discussed with fellow Muslims in the community. It is not permissible for anyone to own that mosque nor to claim an ownership of the mosque. It remains in the ownership of God forever. No one -- Muslim or non-Muslim -- may ban anyone from praying within the mosque. And no individual, organization or group may exercise control of admission for prayers in it, nor may restrict prayers. Ds were convicted, and appealing claiming their right to Free Exercise and the Establishment Clauses of the First Amendment were violated. Ds also assert that even if the elements of unlawful entry were proven beyond a reasonable doubt, their convictions cannot be upheld because they had a bona fide belief in their right to remain in the Mosque.