Why Muslims cannot hold Office in Australia
Section 44 of the Australian Constitution may prevent all
Muslims from taking any form political office on a matter of allegiance.
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The practice of every Muslim requires the reverent bowing five times a day to a
location point outside of Australia to Mecca in Saudi Arabia. The practice of
being a Muslim also requires an unswerving allegiance to the “Ummah”.
The Ummah is the nation of Islam to which every Muslim
belongs. According to the Koran each individual is commissioned to protect and
support the “Ummah” with their life, money and possessions.
The Ummah is without land boundaries, supersedes blood
ties and the host nation in which any Muslim resides. Instead Mecca has become
the quintessential religious monument of the “Ummah” for Muslims across the
globe.
Recently the Australian National Islamic Council and
Hizb-ut Tahrir (HUT) urged the Australian Government to consult with the Muslim
community before embarking on a Middle East offensive and joining our allies
against ISIS. Both of these bodies were acutely aware that the Sunni Muslims in
Australia would consider an attack by our Government on a Sunni Muslim in
another part of the world as an attack on their “brother or sister”.
Here is the issue—ISIS is comprised of Sunni Muslims and
considered by many in Australia’s Muslim community as waging a holy jihad on
behalf of Islam against the Alowite (Shiite) Muslim government of Syria. An
attack on ISIS would be considered by some, as an attack on the Sunni Muslim
community in Australia and would give cause for a reprisal action against the
attackers—namely the Australian public and the Australian government.
This warning was given to the Australian Government by
the Australian National Islamic Council—“If the Australian Government is
serious about reducing the terror threat locally, then it must review its
foreign policy decisions with regard to this region.
”This allegiance to the Ummah, leaves Muslims unsuitable
for resettlement in Australian as it contravenes the “Australia First”
requirement both of our Oath of Alliance and the limitations of Australia’s
Multiculturalism Policy which stipulates a commitment to “Australian Interests first”.
If a person is unable to commit to “Australia first” they
simply cannot become a citizen nor should be considered for resettlement in our
country.We have witnessed over the year Muslims who have been born and bred in
Australia willing to give up their lives in order to fight in another country
(Syria) alongside their Sunni brothers and sisters. Their actions reiterate
that Australia is just the host country for these members of the wider Muslim
community.
This is the problem when a people subscribe to a
totalitarian system like Islam. They can never be members of another tribe.
This primary commitment to the “Ummah” completely separates them from any host
nation or community.
This same allegiances has political ramifications. It
requires Muslim political candidates to consider the needs of the “Ummah” above
the needs of non believing Australians. This lack of equality makes them unfit
to hold any form of government office. It would be imprudent to say the least,
to have subjects of the Ummah ruling over any Australian citizens. Therefore
Muslim political candidates need to be disqualified from standing for office
according to Section 44 of our constitution.
Section 44 of the Australian Constitution lists the
grounds for disqualification on who may become a candidate for election to the
Parliament of Australia. In particular section 44 (i) states that any person
who Is under any acknowledgement of allegiance, obedience, or adherence to a
foreign power, or is a subject or a citizen or entitled to the rights or
privileges of a subject or citizen of a foreign power:“
Australia first” and not “Ummah first” is the requirement
of citizenship in Australia. No Muslim can be a citizen or in any form of
office from federal to local government, if, as part of their commitment to
being a Muslim renders them unable to put Australia’s interests first above
that of the Ummah.
In a recent poll done in Austria in Die Presse (2013):
1 in 3 Muslims in Austria say it is not possible to be a European
and a Muslim.
This is now becoming a cultural dilemma for Australians,
Muslims and our Government and it needs addressing.
Section 44 of the Australian Constitution
44. Any person who -(i.) Is under any acknowledgement of
allegiance, obedience, or adherence to a foreign power, or is a subject or a
citizen or entitled to the rights or privileges of a subject or citizen of a
foreign power: or
(ii.) Is attainted of treason, or has been convicted and
is under sentence, or subject to be sentenced, for any offence punishable under
the law of the Commonwealth or of a State by imprisonment for one year or
longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any
pension payable during the pleasure of the Crown out of any of the revenues of
the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any
agreement with the Public Service of the Commonwealth otherwise than as a
member and in common with the other members of an incorporated company
consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a
senator or a member of the House of Representatives.
But sub-section iv. does not apply to the office of any
of the Queen’s Ministers of State for the Commonwealth, or of any of the
Queen’s Ministers for a State, or to the receipt of pay, half pay, or a
pension, by any person as an officer or member of the Queen’s navy or army, or
to the receipt of pay as an officer or member of the naval or military forces
of the Commonwealth by any person whose services are not wholly employed by the
Commonwealth.
Sydney University adopts law courses pushing for recognition
of sharia law, polygamy and young marriage in Australian legal system
Last month Moutia Elzahed was charged with contempt after
refusing to stand or remove her veil when giving evidence in court.
JACK HOUGHTON, The Daily Telegraph
July 14, 2017 4:37pm
* TIME TO SHUT
ALL ISLAMIC SCHOOLS: AYAAN HIRSI ALI <http://www.dailytelegraph.com.au/news/nsw/its-time-to-shut-all-islamic-schools-says-antiradical-islam-campaigner-ayaan-hirsi-ali/news-story/02aae873a62c03a48c6eae4552a4540b>
* ISLAMIC SCHOOLS
A GOOD INVESTMENT <http://www.dailytelegraph.com.au/news/nsw/islamic-schools-a-good-investment-because-the-government-ultimately-backs-them/news-story/31455ada6ac6136da02d7ffd441c213d>
THE most prestigious law school in Australia has two
courses which call for elements of sharia law to be recognised in the
mainstream legal system — including allowances for polygamy and lowering the
age of consent.
One of the Sydney University courses, Muslim Minorities
And The Law, is taught by Salim Farrar and Dr Ghena Krayem and it uses a book
the pair wrote as “the monograph upon which the unit of study bases its
teaching”.
The Daily Telegraph can reveal the book claims “sharia
and common law are not inherently incompatible” and that police’s failures to
accommodate Islamic religious identity during operations was hampering the
fight against Islamist terrorism.
Education Minister Simon Birmingham has spoken out about
teaching sharia law at university. Picture: Jason Sammon
Federal Education Minister Simon Birmingham has warned
universities that religion has no place in the law.
“Equality of the law, under the law and before the law
should be one of the first principles in our law schools,” he told The Daily
Telegraph.
“We all operate under the one legal framework in
Australia, applied consistently to all and that is not a matter for
negotiation.”
Mr Birmingham’s office also warned universities about
using taxpayer funds to promote ideologies at odds with the Australian public
“Universities must keep in touch with Australian
community expectations and that includes respect for and adherence to
Australian law,” a spokesman said.
“Universities operate under a social license and we
rightly expect that the taxpayer funding going to those institutions is being
used to deliver benefits to all Australians.”
Milad Bin Ahmad-Shah Al-Ahmadzai, 25, has refused to
stand for four judges over more than a year.
The book also takes aims at judges for denouncing
“conservative Muslim values” during sentencing.
“Where found guilty of transgressing Western values, for
example in gender equality, or violating national security, courts have clearly
communicated their denunciation of ‘traditional’ or conservative Muslim values
when sentencing, dispensing exemplary sentences and announcing aggravating factors,
even when the written law does not explicitly demand it,” it says.
The idea of mixing sharia law with Australian law has
been criticised by the legal fraternity and Islamic leaders, who said the
“division between religion and courts” must be upheld.
However, the authors say when it comes to the law “we
will suggest that ‘accommodation’ is not enough and that, as liberal democratic
societies, we should move towards a notion of ‘recognition’.”
The authors also call for research into whether polygamy
should be legally recognised.
http://cdn.newsapi.com.au/image/v1/87659a4e96010e1a0ca74a42c4bc482c?width=650Dr
Ghena Krayem teaches one of the Sydney University courses, Muslim Minorities
And The Law, with Salim Farrar. Picture: Andy Baker.
“There is no doubt that this is an area that needs to be
researched, particularly given the fact that anecdotal evidence suggests that
this is an increasing practice in Muslim communities,” it says.
The course brief for Mr Farrar’s undergraduate course
Introduction To Islamic law says it will focus on “shari’ah (the classical laws
as derived from the religious sources), and will seek to explain its
relationship to the contemporary laws of Muslim states and to the cultural
practices of Muslim communities living in Australia and other predominantly
non-Muslim states.”
Sharia law is Islam’s religious law. It is often
described as a code for living for Muslims. There is ongoing dispute between
traditionalists and reformists over its application in Western society.
At its most extreme, sharia law calls for death by
stoning for adulterers.
However, the Sydney academics condemn such practices in
their writings.
The book says “in terms of police operational practice,
there has been little evidence of accommodation of Islamic religious identity
across our jurisdictions.
Associate Professor Salim Farrar teaches Muslim
Minorities And The Law with Dr Ghena Krayem.
“Rather, evidence suggests police have targeted and
discriminated against Muslims simply on grounds of religious identity. While
Muslims tend not to object to greater personal intrusions where clearly
justified for security reasons, such procedural unfairness is likely to be
counter-productive in the fight against Islamist terrorism.”
In a chapter on Islamic Family Law, the authors say a man
has the “exclusive” right to divorce his wife and states that sharia does not
recognise minimum age in marriage.
“There is no minimum age for a contract of marriage, but
it should not be consummated if that would cause harm to the putative spouse.”
It also criticised the Australian legal system for not
recognising the religious significance of paying a woman a fee to marry her, a
practice known as mahr.
Law Society of NSW president Pauline Wright said
universities were “places of ideas and should be exploring them but having said
that in terms of the law — in my view — all Australians should be subject to
the same law.
“I don’t think bringing different laws in based on the
religion of people coming before the courts is appropriate.”
SHARIA LAW PUNISHMENT
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Gay couple allegedly beaten and detained under sharia Law
in Indonesia
The Australian Federation of Islamic Councils spokesman
Ali Kadri said sharia was often “misunderstood”, but expressed a similar
sentiment.
“I think there is nothing within Australian law which
stops me from following my religion as I am supposed to and I would not be
compromising anything within my religion by following Australian law as it is,”
he said.
“I don’t think we need to have religious connotations
with any law because we are a secular country.”
Dr Krayem and a team of Melbourne academics were awarded
a federal government research grant in 2015 to research the Response Of
Australian Family Law To Islamic Community Processes, to influence “future
policy developments”. Family law expert Robert Balzola said it was concerning
that public funding was behind the research.
A university spokesman said the “optional” course would
provide students with a “basic understanding of the sources of Islamic law and
its interpretation”. Both academics declined to comment.
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