The
Hands-off Doctrine, the approach where federal courts refrained from interfering on inmate rights cases for many decades, was a practice that dated back to the early 20th century and was still practiced by 1960. still had not yet recognized or accommodated the religious activity of Muslim inmates by the start of the 1960s. As the number of incarcerated Muslims began to reach a critical mass, prisoners petitioned courts to advance their religious rights. Cases involving Muslim prisoners began succeeding in gaining recognition for a variety of rights over the next several years, such as freedom from punishment due to religion, the right to hold religious services, the right to possess and wear religious medals, and the right to proselytize. Muslims later won the legal right to obtain religious (
halal) diets in prison, with
federal prisons attempting to accommodate halal diets beginning in 1983. Some argue that Islam's growth in prisons was made possible through these court cases. These legal victories not only solidified Islam as a legitimate religion among corrections staff and prisoners, but also placed Muslim groups at the center of the
prisoners' rights movement for obtaining constitutional rights on behalf of the incarcerated. A 2019 report by advocacy group Muslim Advocates found that state prisons were inconsistent in providing inmates with accommodations such as halal foods,
prayer mats, religious books,
religious assembly, and
Islamic burial rites. "More and more" states are fully accommodating of Muslim prisoners, but in other states, accommodations are difficult or impossible to obtain. In New Jersey, deceased prisoners have been
cremated despite the burial wishes of prisoners – cremation being considered
haram (religiously forbidden) in Islam. In 2019, in
Alabama, a Muslim prisoner was
executed without being allowed to have an
imam present with him; his request for a Muslim chaplain to be present was blocked by the prison and denied by the
Supreme Court of the United States in a 5-4 decision, because the prisoner had waited too long to file the request. Dissenting judges called the decision "profoundly wrong". Justice
Elena Kagan wrote, "The clearest command of the
Establishment Clause" is that "one religious denomination cannot be officially preferred over another ... But the State's policy does just that." ==Rate of conversion to Islam==