Maryland Governor Martin O'Malley made an historic decision on September 28, 2011, appointing a Muslim, Judge Hassan Ali El-Amin, to Maryland's highest court.
Judge El-Amin is now one of seven Circuit Court judges in Maryland; he will serve in Prince George's County, having served as a District Court judge in the county since July 25, 2000.
Governor O'Malley's second term in office has been marked by several other key appointments of Muslims, reflecting his commitment to mirror the diversity of Maryland's citizens in his administration. These other appointments include Sam Abed as Secretary of Juvenile Services and Anwer Hasan as Chairman of the Maryland Higher Education Commission.
“The appointment of judges is one of the most important responsibilities of any chief executive,” said Governor O’Malley, according to a statement issued from his office on September 28, 2011. “I am pleased to announce today the appointment of seven highly qualified, talented and diverse candidates from across the State to serve on Maryland’s bench.”
Governor O'Malley has always sought "competent, qualified individuals in his administration and that reflects in his selection," says Anwer Hasan, who was appointed as Higher Education Chairman in March 2011, having served as a commissioner on the committee since 2007." All the appointments are on merit. We happen to be Muslim." Hasan says the appointment of Judge El-Amin "is a great honor for the Muslim community and for his work that he has done over the years in the district court."
Anwer says he feels "very honored" in his own public service role, though he has to "make some difficult decisions every day" in his position. "A lot of students' future depends on the decisions made. We work very closely with the Secretary and her staff on those decisions," said Hasan. These decisions involve aspects like approving new programs in schools, awarding scholarships and developing state plans, such as increasing college graduate levels to 55% from the current 41% rate.
One of the projects Hasan is currently involved in is aligning K-12 education with higher education. "Right now, folks who come up from K-12 are not ready for college," says Hasan. "They have to take remedial courses, which cost time and money. [We are trying] to avoid additional courses taken by the students."
Judge Hassan El-Amin says over his 11 years as a District Court judge he has presided over cases requiring general jurisdiction, small claims, large claims, bond reviews, misdemeanors and domestic violence. "The Circuit Court involves intimate jurisdiction," explains Judge El-Amin, "with no limits to the amount of money involved [in the cases]. The jurisdiction is much larger and deeper from the District Court," he says. The Circuit Court, which includes Family Court and Juvenile Court, also has jury trials with cases involving felonies like murder and manslaughter, whereas the District Court only tries misdemeanor cases.
When asked how he feels as a Muslim American in his role, Judge El-Amin reflected how he was worried about conflicts when he first took his job as a judge. However, he had "great confidence in the constitution of America and the great principles and Quranic principles [within it], such as the sanctity of human life and the free will that every man and woman possesses."
"In many, many ways the legal system in this country is more Islamic than in some Muslim countries," says El-Amin. "Sometimes there are problems, such as the high interest rates we have to impose, which religiously seem usurious. [However] I am an officer of the law and I have to fulfill my oaths. Sometimes its difficult, like putting people out of their homes because they are not paying rent or mortgage."
El-Amin says he has never experienced a “severe contradiction” between serving as a judge and being Muslim. "As a matter of fact, it is refreshing," he says. "In my job, I am able to be an agent of peace, mercy and justice." He reflected warmly on Governor O'Malley's outreach to the Muslim community, including hosting an iftar during Ramadan for the past 5 years, of which Judge El-Amin has attended 4 years. He recalls how his interview for this position was in Ramadan and how upon meeting him that day, Governor O'Malley greeted him with "Assalam alaikum" and "Ramadan Mubarak".
"Maryland is a fairly progressive state and the Maryland Judiciary has been very progressive, under Chief Judge Robert M. Bell," says El-Amin. In 2006, El-Amin organized and conducted a workshop entitled, “What Judges Need to Know About Islam” at a Maryland Judicial Conference in Cambridge, Maryland.
"This was at the request of my colleagues in the judicial system," says El-Amin. Among the speakers he invited for the workshop were the late W.D.Muhammad and Arsalan Iftekar of CAIR from the Council on American Islamic Relations. The title of the workshop was suggested by retired Judge Alan Wilner, who is of the Jewish faith.
"It was a very fine seminar," recalls El-Amin. "It is important [for the judges] to get exposure to all of the Abrahamic faiths," he says, noting that they had previously all gone to the Holocaust Museum in 2004.
"There is so much misunderstanding [about Islam]," notes El-Amin. "A lot of exposure that judges and the judicial system get to Islam is through prisoners [who convert to Islam during incarceration for violent crimes]. Between 'terrorists' and 'criminal converts', a lot of people in the justice system get a very skewed perspective on Islam."
El-Amin reflected on a quote by Nelson Mandela, "Bigotry and prejudice are grandchildren of ignorance and fear."
"Judges work hard to dispel and abolish these two enemies, so decisions can be made in light of justice and fairness," says Judge El-Amin. "Anyone who comes into court should expect to be treated with the dignity and respect that all God's children deserve. That is the duty of the court."
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