twelve - Race, religion and human rights: valuable lessons from prison
Published online by Cambridge University Press: 03 February 2022
Summary
Introduction
This chapter charts the complex ways in which counter-racism and multi-faith policies have addressed (or rather managed) the discrimination perceived and experienced by Muslim prisoners. In the area of interpreting and articulating religious rights, the example of Muslim prisoners allows discussion of the significance of Islamic Law (shar’iah) for secular societies with established Muslim populations. This discussion is particularly pertinent in the UK following the recent establishment of civil shar’iah courts in a number of British cities by the Muslim Arbitration Tribunal organisation based upon powers under the Arbitration Act 1996.
The relatively recent rise in the number of Muslim male prisoners has presented various challenges to HM Prison Service, including the provision of a halal diet, congregational prayers and access to imams as well as security concerns regarding potential radicalisation and extremism. These concerns have led to the creation of the role of the Muslim Advisor, who is responsible for all matters concerning the religious provision for Muslim prisoners. Symbolising the multi-faith agenda in HM Prison Service, the creation of the Muslim Advisor and full-time salaried Muslim chaplains may be understood as representing a politicised situation in which they, to borrow Becker's term, become ‘spokesmen to attempt to change existing hierarchical relationships’ (Becker, 1967, p 243). Therefore, the chapter identifies inherent tensions between the role of the prisons and the officials within them to incarcerate, punish and rehabilitate in light of prisoners’ values, rights and experiences. Academic research in this area tends to side with the ‘subordinates’ (Muslim prisoners), but does not, in many cases, exclude the opportunities for ‘superordinates’ (prison officers and managers) to relate their experiences of interaction with Muslim prisoners (Beckford et al, 2005; Quraishi, 2008a).
The chapter also evaluates the history and impact of the multifaith and anti-racism agendas against the background of research that demonstrates significant levels of discrimination experienced by minority ethnic groups and Muslims in British prisons. The discussion of faith-based provision in prison is set against broader debates about the rehabilitative potential and limits of religion for the resettlement of offenders. Prominent criminological research regarding the role of religion in the lives of prisoners, known as the ‘Hellfire thesis’ – which examines the degree to which a belief in divine judgement deters offending (Hirschi and Stark, 1969) – has provided only limited evidence about the impact of faith upon recidivism.
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- Values in Criminology and Community Justice , pp. 207 - 222Publisher: Bristol University PressPrint publication year: 2013