Shariaa courts in Australia
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E E R F Monthly - Independent
Issue N 12 October 2009
www.crescenttimes.com.au
NOMINATIONS OPEN FOR The 5th Australian Muslim Achievement Awards The Australian Muslim Achievement Awards (AMAA) is in its 5th year of celebrating Australian Muslim excellence in various areas of Australian society and their local communities. The AMAA was born out of a need to acknowledge and celebrate the achievements and successes of individuals and organisations. read more page 2
Right: Muslim children in Kings Park, WA on Eid el-Fitrr celebrating the fest. Photo: Courtesy Saudi Student Association.
More photos and news on page: 11 and 12
The injustice of counter terrorism policies read more page7
Why should polygamy be a crime?
See page 15
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ADVERTS: sales@crescenttimes.com.au MAIL ADDRESS: PO Box 628 Mirrabooka WA 6941 0414 155 366 PHONE/ SMS:
Nomination
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All information related to the nominations must be lodged via the online form only:
The Australian Muslim Achievement Awards (AMAA) is in its 5th year of celebrating Australian Muslim excellence in various areas of Australian society and their local communities. The AMAA were borne out of a need to acknowledge and celebrate the achievements and successes of individuals and organisations. Some of the previous winners have included: Hazem El Masri, Sheikh Fahmi, Waleed Aly, Muslimvillage.net, Fresh Poultry, Dr. Halime Rane, Dr Mohammed Khatree, Islamic Women’s Welfare of Queensland, Sumeja Skaka, and Sounds of Light.
Crescent Times, 12th issue, October 2009
9 0 0 2 The categories for the awards in 2009, include: • • • • • • • • • • • • • • •
Woman of The Year Man of The Year Youth of The Year (Ages 16 – 26) Sportsperson of The Year Role Model of The Year Professional of The Year Event of The Year Media Outlet of The Year Business of The Year Creative Artist of The Year Researcher/Academic of The Year Volunteer of The Year Community / Humanitarian Organisation of The Year Best New Community Initiative / Project of The Year The Abyssinian Award - awarded to an Australian Non-Muslim who has made both a significant and positive contribution to the Australian Muslim Community.
This event is proudly supported by MCCA
www.missionofhope. org.au/nominations
Important Dates Remember:
to
* Saturday 31st October Nomination Closing Date *Sunday 15th November Finalists in each category announced *Date: Mid December Award recipients and their profiles to be announced and published in Crescent Times Newspaper and Mission of Hope Website
missionofhope.org.au
Crescent Times, 12th issue, October 2009
Education
WA: The Muslim Ladies College in Kenwick Cleared
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QLD: Muslim school goes to the Anti-discrimination Commission Crescent Times, QLD In a new development regarding the Muslim school on the Gold Coast, last week the head trustee, Imam Abdul Quddoos Al Azhari lodged a complaint with the Antidiscrimination Commission of Queensland for what he described discrimination by the Gold Coast Council with respect to the treatment of the school.
Photo: Muslim female students performing activities at the Kewdale school, WA.
After nearly two years, there is cause for celebration at the Muslim Ladies College of Australia in Kenwick, WA. Writes: Keysar
Trad:
O
pened in WA in 2003, in 2007, directors Anwar and Zubair Sayed were accused of withdrawing money from the college. Unfortunately, some in the community were quick to attack their fellow Muslims at that time without finding out the facts. Alhamdulillah, a WA jury has now cleared the brothers of illegally taking money from the school. This bodes a lesson for those who are quick to condemn: speak to your brothers and get your facts right before you decide to take sides. The directors of the school, brothers Anwar and Zubair had established the Muslim Ladies College of Australia, in Kabul Afghanistan in 1997. The college in Kenwick is a sister college and both provide an educational service to children. The Australian branch of the Muslim Ladies College of Australia was opened in 2003 with a $1.2 million contribution from the personal finances of brother Anwar Over the course of the succeeding years, Br. Anwar continued to support the school with personal funds. The District Court in WA at the recent trial was satisfied that the school still owes Br. Anwar $1.5 million.
Br. Anwar Sayed told the Crescent Times: “The bank statements showed clearly that the deposits came from me. Instead the police focussed predominantly on one withdrawal which was in fact a repayment of part of the debt.” “This (withdrawal) was used for something most needed, to provide education to some of the 60,000 mainly Afghan orphans on the streets of Kabul.” Said Br. Anwar. “Sending troops would not bring the two nations together, but this educational work is bringing Australia and Afghanistan closer together.” “We are happy that the court has proved our innocence.” Brother Anwar told the Crescent Times how his school has managed to convince more sisters to continue their education. “Amongst our school’s successes include convincing a number of young girls who dropped out of the co-educational system to resume their education. Some of these have now moved on to pursue tertiary education.” Anybody wishing to contribute to the school in Afghanistan can write to P O Box 387 Cannington WA 6987 for an information package. The Kabul school will also provide airfares, accommodation and food for Australian teachers who wish to volunteer time teaching children in Afghanistan.
Raising children with more than one language - workshop for Bilingual Families
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his interactive workshop will provide a comprehensive introduction to bilingualism in children with a focus on the perspective of the parents. It explains steps and decisions towards becoming a bilingual family. Drawing on latest research the workshop addresses a wide range of issues in bilingual families, such as bilingualism and bi-literacy, language maintenance strategies for parents and other family members, and the role of a monolingual partner. It also provides tips and tricks from parents for parents and gives
facts and figures about bilingual people in Perth and WA. Loccation: Leederville, WA, Saturday 14 November. Four spots left, better be quick. Please download the registration form from http:// www.geocities.com/bilingualfamilies/ downloads/rego.doc or get information by e-mail from bilingualfamilies@yahoo.com. au or phone to 0420 421 352. Source: ECCWA newsletter, Oct, 2009.
Would like to contribute to Crescent Times? Easy! please send your contribution by email to: info@crescenttimes.com.au or visit www.crescenttimes.com.au
The School has also commenced action in the land and environment court. Through one of it’s trustees, the school told Crescent Times that the Gold Coast Council is
“demanding that we hand over 20% of the land without compensation and that we hold no weekend community activities such as fetes and intercultural events unless we apply for approval thirty days in advance. They also want us to construct a footpath on public land that is partly in a core flood zone. None of these conditions have been demanded of any of our neighbours who had made various applications with council in recent times.” A mediation meeting is set for late October.
WA: AIC in top 28 percent of Western Australian schools
The Australian Islamic College (AIC) 2007 TER results placed the school in the top third of Western Australian secondary schools. With three students achieving a TER score of 99, 28 percent earning scores over 89 and 56 percent scoring above 79 percent the AIC is ranked in the top 28.5 percent of all Western Australian schools. ‘Alhumdullilah (Praise be to God) we have been blessed with dedicated and committed staff who foster an environment of hard work and support all in a caring family atmosphere’
explained Amna Hansia, secretary of AIC. ‘Our students, many of whom come from non-English speaking backgrounds, have also demonstrated that with effort great results can be achieved. We look forward this year too for more great results from our Year 12’s and we wish them the best of luck in the upcoming TEE.’ For more information on AIC call Kewdale College 9362 2100, Thornlie College 9493 2718 or Dianella College 9375 9770, or email info@aic.wa.edu. au
Brilliant faces: recording the contributions of the Arab community to modern Australia Sydney, Keysar Trad:
Billiant Faces, by Antoine Kazzi the editor of the successful Arabic El Telegraph, was launched on Monday in front of a crowd of over 1500 Australians of many different backgrounds. The event was attended by politicians, diplomats and various religious and community leaders. Mr. Kazzi received accolades for his book and longstanding contribution to Arabic journalism from distinguished people far and wide, including the president of Lebanon and His Eminence Sh. Taj Aldin Alhilali the former Mufti of Australia who compared Atoine’s editorials to the Arabic classics. The book presents accounts of hundreds of Australians from an Arab background who have contributed and who continue to contribute to Australia. The book is divided into Arabic and English sections and is presented in glorious full colour. “We are proud of this book” said one audience member.
“It’s great, this book documents some of our contributions to this country” said another. Mr. Kazzi said that the book was launched as an offer of love and respect to the community and loyalty and gratitude to Australian society.
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Bismi’Allah
Crescent Times, 12th issue, October 2009
RMIT RETURNS PRAYER ROOM TO ISLAMIC SOCIETY
Melbourne bureau CT EXCLUSIVE
Nasya Bahfen*
After a long and protracted boycott, the Melbourne university comes to an agreement with its Muslim students. In contrast to the noisy, communal Friday prayers held in RMIT’s main Bowen Lane thoroughfare over the past year and a half, the end of the standoff in September 2009 was quiet. For nineteen months, the university’s male Muslim students had prayed Jumaah outside in Bowen Lane, in protest at RMIT’s decision to re-badge the Swanston Street campus prayer rooms as multifaith centres. The old prayer rooms had been knocked down as part of the expansion of the growing School of Media and Communication, for whom I work, from building 6 to building 9. Dodgy, cold, small, and accessible only by a lift that sounded like it would plummet four floors at any minute, the rooms had nevertheless adequately served RMIT’s Muslim students and staff for fourteen years. I know because I was one of those students from 1997 to 1999. Only after contracting a noted Muslimrun Victorian architects’ firm to design the rooms that would replace the old musallah, and only after the new rooms were built, did
the university decide to change them from being Muslim facilities to a multi-faith centre. (The firm was Desypher, whose revamped University of Melbourne musallah design was featured in the July 2009 edition of the Crescent Times.) Thus began the protests and the boycott by the university’s Islamic Society, and its 2008 president, software engineering graduate Amr Fouda. The society was supported in its campaign by the NTEU (the university staff union), the student union, the Islamic Council of Victoria and – courageously – RMIT’s Christian and Jewish student associations. Media coverage by the Age, the Herald Sun, the ABC and SBS followed – not all of it flattering. When he took over as the 2009 RMIT Islamic Society president, international business student Mohamed Elrafihi, 22, inherited the campaign. Now, he says, after one and a half years of boycotting the facility while it remained a multifaith centre and negotiations, RMIT has agreed to give Muslim students and staff exclusive access to the prayer rooms, ending the Islamic Society’s campaign. “I believe the outcome reached is a great achievement for both Muslim students and staff at RMIT,” he says. “It has shown that if you stand up against injustices, for your principles, remain united
and patient, your effort and hard work will eventually pay off.” Shayma AlShaksir, a Melbourne-based Muslim journalism student, and a writer whose work has appeared in the Crescent Times, wrote on the RMIT Islamic Society’s website that RMIT’s 450 Saudi Arabian international students alone paid an average of $22,000,000 in fees to the university over three years. Whether it was the economic imperative, or the prospect of an ongoing public relations nightmare that caused the university to back down, RMIT did not announce the outcome of the negotiations. No mainstream media has covered it. My swish new office in Building 9 sits on the same floor – in fact, practically the same space – as the old prayer room. I will miss hearing Al Fatiha (the first chapter of the holy Quran) resounding over loudspeakers in Bowen Lane read by whoever is leading the male students in Friday prayers each week, but I’m happy for the Muslim students that their boycott is over. Oh, and I can feel a little less guilty about my new working space. Unsurprisingly, many Muslim students in Melbourne – not just from RMIT – share the joy. On the first Friday after the prayer rooms were returned, Jehad Dabab (Deakin graduate, member of Melbourne-based rap group The Brothahood and another Crescent Times
contributor) posted a picture of the RMIT Jumaah crowd to his Facebook profile. His status read simply, “We won.” *Nasya Bahfen, is the Victorian editor of Crescent Times, she lectures in journalism at RMIT and is a journalist for ABC Radio Australia.
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Crescent Times, 12th issue, October 2009
Obama’s Credibility Problem The Kiki principle: Debora McNichol*
E
very once in a while, I’m reminded of the nuns at St. Mary’s School. Boy, they used to tell some whoppers. Not that I understood this completely at the time, or that the nuns were anything less than sincere in their beliefs. I suppose a six-year-old can only be so analytical, but the clues were there from the start. When they recounted the story of Nuh (peace upon him), they always ended with “And God felt so sorry for all the destruction that He caused, He vowed never to do it again.” Now, even my underdeveloped mind had a problem with that statement. They talked like God had no idea what would happen if he flooded the world with water for forty days and forty nights. And then He had regrets? Oh, puh-leaze. There were other stories. After forty days of fasting, Jesus (peace upon him) was carried to the top of a mountain and Satan tempted him with food and power. The nuns thought it simply amazing that Jesus had the willpower to rebuke Satan after all that fasting. The nuns told us about Doubting Thomas, too, who hadn’t believed that it was actually Jesus standing there after he’d died. Jesus reportedly asked Thomas to stick his hand into the gaping sword wound in his side for proof. (Now that’s just disgusting. Astaghfurallah.) These stories, and many more, were recounted with zeal and wonderment by the nuns of St. Mary’s. I was too well-behaved to ask, “So what? If Jesus is God, then he can knock Satan out with one punch. Ding ding! Match over!” And “Couldn’t Jesus have pinched Thomas instead and said, ‘You’re not dreaming, mate. Now get me a bandage!’” I don’t blame the nuns. No doubt, they learned the same things they tried to teach us, and wouldn’t have become nuns if they hadn’t swallowed all of that hook, line, and sinker, so their sincerity is not at issue. Their credibility, however, is another story. Fast forward to 2009. Health care reform is on most Americans’ minds as conservatives ramble on about death panels, the lethal Canadian health care system, and hellbound socialists. Senior citizens are terrified of losing their ridiculously expensive Medicare and resent the idea of anyone else being on the government dime. Democrats are split because they can’t agree as to how much debt the United States should incur to provide health care to every man, woman, and child in the country (but not illegal immigrants, Joe Wilson). Moderates are jumping ship because they see health care reform as a giant pillow over the face of an already gasping economy. Needless to say, President Obama’s push to get health care reform through, sight unseen, was a huge, idealistic error in strategy from which he is having a devil of a time recovering. Obama can’t catch a break from conservatives on foreign policy, either, and he’s losing ground with people who thought that Guantanamo would be closed and the troops would be out of Iraq by now. While Obama has been embraced by the rest of the world, his efforts to land the Olympics in Chicago have resulted in a big fat goose egg and spiteful contentment from conservatives. Just like the nuns, Obama is having credibility problems, and the center can’t but shake its head. He and his advisors have acted under the assumption that his cult of personality would move people toward him and the liberal cause, but they’re starting to find that brilliant oration will only get a person so far and for so long, and that the angriest boo the loudest. The honeymoon is over, Mr. President.
*Debora McNichol is a Muslim wife, mother, daughter, business owner, editor, and attorney in the USA. She has a general law practice in Virginia and North Carolina, and especially takes pleasure in discussing intellectual property and business law with willing clients, friends, and neighbors. Debora blogs regularly, discussing Muslim and personal topics, current events, and business-related subjects with passion. Editing Services Sawa-Lad: www. sawalad.com - McNichol Law Offices: www.mcnichollaw.com
Community Events
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Australia wide Community Events:
NSW FAMSY BOYS YOUTH CAMP Date: 16-18 October Location: Baden Powell Scout Park (Pomona St, Pennant Hills) Cost: $90 (+ $5 Train Fare) Strictly for 13-16 Year Olds. We depart Punchbowl Musalah Friday 16th October at 7:00 am. We return to Punchbowl Musalah on Sunday 18th October at 4:30 pm. To register you need to complete the permission slip and pay a $50 (non-refundable deposit). Hurry! We seriously only have a few spots left since the word is already out! Be Quick call Siddiq (or email) to secure your spot! 0433 145 348 siddiqs@optusnet.com.au EASTERN FUSION 2009 SPIRIT OF ISLAM LECTURE SERIES with Imam Abdul Latif Host: Host: Al-Ghazzali Centre for Islamic Sciences & Human Development Date: Start Time: Friday, 13 November 2009 at 19:00 End Time: Saturday, 21 November 2009 at 22:00 Location: Refer to online registration information Imam Abdul Latif will be in Sydney for a Lecture Series as part of the 10-day Eastern Fusion program hosted by Al-Ghazzali Centre with Azaan Graphics (Peter Gould) and Souk Collective (Zahrah Habibullah-Williams). For the “Purification of the Heart for the Seeker of Knowledge” lecture, go to: http://www.easternfusion.com.au/imam1.html For the “Three Dimensions of the Deen” lecture, go to: http://www.easternfusion.com.au/imam2.html For the “Taj al-’Aroos” Study Circle, go to: http://www.easternfusion.com.au/imam3.html Phone: 0297081539 Email: info@alghazzali.org ALJANNAH DA’WAH CENTRE Lecture prelude to Islam 101 Lectures Date: Saturday 17th October 2009 Time: 10am-1230pm Location: Warringah Mall Community Centre Cost: Free Lecture & Question/Answer by Sh. Bilal Dannoun. For all brothers/sisters, particularly those who are living in the northern beaches area, there will be insha Allah lecture held locally at Warringah Mall which is a prelude to upcoming “Islam 101” courses. All are invited & please inform your friends & families. Contacts : Brothers 0402 715 751 – Sisters 0403 617 973 VIC EASTERN FUSION INTERNATIONAL GUEST HAJI NOOR DEEN Date: 14 November 2009 Time: 630pm-1030pm Location: State Library of Victoria Cost: $10 per person Al-Ghazzali Centre’s Melbourne office, in collaboration with Melbourne’s own Crooked Rib is hosting an evening of gallery viewing of Haji Noor Deen’s masterpieces. Sit and enjoy a live demonstration by Haji Noor Deen himself, and later have your name or a supplication personally written for you! All artwork will be for sale during the entire evening, and they sell very quicklyso reserve your scrolls and artworks early in the evening! For Melbourne, this is your only chance to meet with Haji Noor Deen before he departs for Sydney! For registration:www.easternfusion.com.au/haji1 NADER KHAN TAKE MY HAND CONCERT FUNDRAISING INITIATIVE Date: Sunday 15 November 2009 Time: 7pm-10pm Location: Aurora Reception Centre, 149 Donald St, Brunswick Cost: $50 per person For registration: www.easternfusion.com.au/nader1
SA INTERNATIONAL DEEN INTENSIVE RETREAT Date: Friday 2nd April - Tuesday 6th April 2010. Location:A dare Conference Centre, Victor Harbour Cost: $350 per person It is with great excitement that ‘Ayn Academy in collaboration with Al-Ghazzali Centre would like to announce the “Seeking the Sacred - INTERNATIONAL DEEN INTENSIVE RETREAT”, to be held in April 2010.We are very honoured to be hosting 3 esteemed teachers for this Deen Intensive: Shaykh Yahya Rhodus, Imam Afroz Ali, Shaykh Faraz Rabbani The 4 day Deen Intensive will feature a study of the Classical Texts: Book of Knowledge from Ihya Ulum ad-Din (Imam alGhazali) - commentary by Shaykh Yahya Rhodus Roadmap for the Seeker of Guidance: reflections on the Book of Knowledge - instruction by Shaykh Faraz Rabbani Treatise for the Seekers of Guidance (Imam Al Muhasibi) - commentary by Imam Afroz Ali. The Deen Intensive Retreat will be a very meaningful 4 days, with the opportunity to study sacred knowledge from international Scholars in a peaceful environment perfect for reflection, with the chance to meet brothers and sisters from around Australia and New Zealand. We are anticipating a large turnout for this program from both within Australia and internationally.Please register your place via: http://www.aynacademy.com/component/chronoconta ct/?chronoformname=SeekingTheSacred
MULTI-LANGUAGE SPONSORSHIP:
Crescent Times offers the opportunity for Muslim businesses or individuals who want to publish in their native languages, such as Arabic, Turkish, Bahasa and Urdu. For more details please contact the editor on: editor@crescenttimes.com.au
Wasimah’s story:
QLD- Aisha Stacy:
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uslims sisters around Australia and I dare say throughout the western world, struggle to find suitable clothing. We are always on the look out for a scarf on sale in Jeans West , and excited to learn that someone has returned from abroad with a suitcase full of abayas or that extra special underscarf that doesn’t slip. It can sometimes be very difficult to find the right combination of style and modesty. Australian Muslim women are often forced to throw together outfits that are a little bit west and a little bit east. It is not unusual to see a Pakistani khamis over a pair of baggy jeans or a stylish winter raincoat worn as an abaya. So what is a girl to do when she wants to fulfil the conditions of hijab yet remain comfortable and elegant? Gold coast Muslimahs Christine Leslie and Umm Ibrahim took matters into their own hands and created the fashion outlet, Wasimah. They collected designs from Australia and overseas and offered them for sale to family and friends. Within a few short months Wasimah has grown from a garage showroom to a thriving business. The girls have even added their own designs to the collection of modest, stylish clothing, attracting women of all faiths and age groups. The success of Wasimah is testament to the fact that women who put their mind to it, can do anything , especially when their endeavours are for the sake of Allah and to benefit the Muslim Ummah. visit: www.wasimah.com.au
Terrorism
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Crescent Times, 12th issue, October 2009
Bills to amend Anti-Terrorism Laws:
Transparent attempt to deceive Australians! Jamal Daoud* After many embarrassing incidents that exposed the deeply draconian nature of the Anti-Terrorism laws and the ease with which they can be abused to achieve political agendas, the Labor government has suggested amendments to these laws. Immediately afterwards, the Greens put forward its amended bill.
After examining carefully both proposed bills, it was clear to everyone that the draconian nature of the laws had not been changed. Both Labor and the Greens have proposed several amendments to achieve political gains. The proposed bills were no more than a political/ media stunt. The Labor government wants to be seen as a good progressive government that is willing to implement the recommendations of many inquiries about the abuses of these laws, especially in the case of Dr Haneef. While Labor has suggested few progressive amendments, at the same time it has suggested regressive amendments. Even the Liberals have criticised these amendments for their highly draconian nature. For the Greens bill, while the proposed bill has some progressive changes, the whole bill is definitely a very regressive backflip on it’s earlier stance on this important issue. The Greens went into the 2001 and 2004 elections on a platform of working hard to “totally repeal” the “draconian” Anti-Terrorism laws. Their argument at that time was that there is no need to introduce separate Anti-Terrorism laws, as there are criminal laws that can deal with any crime. Now, the Greens are suggesting an introduction of some “safeguards” to make these laws “less draconian”. We consider this
to be an act of “political prostitution”. The Greens want to get votes from both the Muslim community and the Anti-Muslim racist communities, by moderating their demand to totally repeal the laws. The major problems of the Anti-Terrorism laws that remain, even if the parliament adopts either proposed bill, are: 1. There is still extraordinary power given to the security agencies, especially ASIO. 2. The definition of a “terrorist act” is very regressive and makes it easy to describe many national resistance organisations as terrorist organisations. 3. The amendments do not make the circumstances of any trials fairer or more transparent. During the public consultation period for comment on these proposed bills, many organisations and individuals have made excellent submissions. These submissions indicated very clearly that the Anti-Terrorism laws should be repealed altogether. Most of these submissions indicated very clearly that, while the Greens bill is introducing some good changes, there are still a number of serious shortcomings that need to be addressed. It is very clear from the responses received from groups who have a good track record of defending human rights in this society, that both Labor and the Greens’ proposed bills do not remove the draconian nature of the original bill. This in turn has significant implications and clearly indicates the real agenda of these particular political parties, who shared the largest share of Muslim votes in the last few elections. Labor and the Greens did not take into account the fact that Australian National security can be protected in easier, more
Jamal Daoud is a Sydney based actiovist
humane and cheaper ways, including: 1. Refusal to participate in American imperialist wars against other nations like Iraq, Afghanistan. 2. Promotion of real multiculturalism and fighting against racism and Islamophobia. 3. Removal of any discriminatory laws in Australia, which tend to increase the feeling of marginalisation for minority groups. 4. Funding for programs and services to target these issues. On the contrary, Labor and the Greens have engaged in the same regressive, highly discriminatory policies of the previous Liberal government. The same policies that are based on spreading fear and division, regardless of the heavy price of sacrificing human rights of Australians and the principles of the fair go. In our submission, we have vowed to maintain our opposition to these laws and our insistence of the need for repealing these laws. We have also produced a petition and collected signatures, despite the high level of fear among the community, and sent them to the senate committee for consideration. Not only this. We are intending to make this particular issue an electoral issue. We have decided to run candidates in the next federal election on this particular issue, and other related ones. We deeply believe that the current
Letters to the editor
The injustice of counter terrorism policies Adam Parker* Your editorial in the September 2009 issue calls for terror suspects to be treated as innocent until proven guilty! Unfortunately they need much more. They need a system of government which is not only just, but also seen to be just in it’s policies and application of the law as well as in it’s international relationships. To start off with, you mention that “It is apparent that the political advisers surrounding the Federal Government, find it effective to gain votes by focusing “on the enemy within” to show how tough they can be”. In December, 2007, I wrote to Kevin Rudd congratulating him on his victory in the last elections. In it (amongst other matters) I suggested to him that he could turn a new direction from his predecessor, by including properly qualified Muslims amongst his advisors and that of some of his Ministers, such as Foreign Affairs, Justice and others. Needless to say, I was not even accorded the decency of an acknowledgement, much less, a thanks. You mention that “fear of terrorism is a standard tactic used in the last two elections.” To me it is more than a “tactic”. It is a planned form of incitement! I was born in South Africa, and was only 13 years old when apartheid became the official policy of the Afrikaner government in 1948. At first, apartheid
amounted to no more than separate carriages on trains, separate seats on buses, separate entrances at government buildings, seats at public places and the like. But then came Race Classification, the Group Areas Act, which required that every inch of South Africa be legislated for occupation by a certain racial group. In Cape Town, the place of my birth and upbringing, the major racial group was the (so called) Cape Coloured. In spite of their vast majority, they were moved to the sandy wastes, their homes, many in newly “white” designated areas, were virtually taken over by the government and given to the white populace at bargain prices. In excess of 100,000 families had to move! Naturally, this caused frustration and anger. When the people mobilized themselves, the government enacted the Terrorism Act – not very different from our own. If two friends walked down the street and met another friend going in the opposite direction, they could all be arrested for constituting an “Illegal Assembly”. Nelson Mandela and the ANC tried the peaceful approach for years, but finally as the government became more vicious in their approach, this lovable, peaceful, amiable man
Above: veteran Australian soldier protests against Israeli war in Gaza, February 2009. decided on a violent approach. The rest is history! Here in Australia, we are going down the same path. Laws are becoming more and more oppressive, and Minister has recently promised more oppressive laws. Little thought is given to why apparently peaceful people go off the rails. Only more laws of oppression! No normal human being wants to give up his/her life. There is a process which takes place. Unjust laws give rise to despair and frustration, which, in turn, give way to hate, which becomes white hot – until that person is not longer a reasonable acting person. His hate has poisoned him and his reason has gone. That is the time when people hit out!
political parties in the parliament have ignored the important issues for marginalised groups in the society. We deeply believe that the Muslim community is currently at the top of the list of marginalised communities in our society. We deeply believe that the community should demand that the political parties they voted for in the past honour their election promises. On the issues of repealing Anti-Terrorism laws, the Greens have recorded the lowest mark for honesty and promise keeping. *Jamal Daoud is a community worker and human rights activist. He writes regularly about multiculturalism, Islamophobia, human rights and other social justice issues.
Albanian Mosque Open Day celebrating history and success Melbourne: Rashid Alshakshir
The Albanian Australian Islamic Society commemorated 40 years since the establishment of the first mosque in Melbourne in 1969. Hundreds of people attended the event throughout the day, which was full of many enjoyable activities, including guided tours inside the mosque. Ibrahim, who guided visitors and answered their questions said, “we care about others and that’s why we preach Islam.” The local community opposed the establishment of the mosque and later opposed the building of the minaret 10 years ago, but both were approved after court proceedings. Sheikh Rajab who met Albanian Muslims, who arrived in Australia in 1924, said, ”the freedom of religious belief was actually established by Islam fourteen centuries ago”. He hopes that soon Muslims will be allowed to practice their full democratic rights and perform Athan out loud. President Vahid Goga said “Islam is like a building, Australian Muslims are in one floor, and we are in the Albanian community department, but we must all work together to be successful” he said. The event was supported by the Victorian Multicultural commission, City of Yarra, and the Melbourne fire brigades to mention but a few.
The unfortunate part is that most of us do not know this. Hate is a silent enemy. It creeps upon you without you knowing it and poisons your very soul. And so we create the Amrozi’s of the world. They are the people who did not have the wherewithal to deal with the poison and succumbed. Astute governments are aware of this and embark upon a policy of fairness and justice. Whilst our current government is a lot better that the Howard Government, it still has a long path to go before it can be regarded as fair and just. Earlier this year Kevin Rudd congratulated the State of Israel on 60 years of existence. He completely neglected to take into account the plight of the Palestinians, the facts that Israel is the founder of modern day terrorism when their founders blew up the British Embassy in Jerusalem in 1946, that Israel has illegally occupied Palestinian territory, (in spite of the fact that the UN declared that territory could not be attained by war), built illegal settlements, and waged a war on a defenceless people. Countless crimes for they have not been held accountable! We can but hope that matters will change, but from where I stand, there is little hope unless we organise ourselves into a lobby group and stop giving our votes away for nothing. The political party who wants our vote, will have to offer us something in return. We are already a considerable minority – certainly more in number than the Zionists, who have the government’s ear. Maybe the Times will take up the cudgels and call for our leaders to assist in organising our efforts so that we can form a strong and cohesive body to negotiate for us and our interests. *Adam Parker is a WA Muslim community elder and activist, who has participated for decades in community schools, charity and community events.
Crescent Times, 12th issue, October 2009
Islamic world
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Mapping the Global Muslim Population:
A
A quarter of the world is Muslim!
recent study by the Pew Forum on Religion and Public Life, USA, stated that the world’s 1.57 billion Muslims make up nearly a quarter of the global population, with most of them clustered in countries in Asia, not as many assume in the Middle East and North Africa. The Pew Forum report is based on the best available data foar 232 countries and territories. Pew Forum researchers, in consultation with nearly 50 demographers and social scientists at universities and research centres around the world, acquired and analysed about 1,500 sources, which the Pew Forum called “the largest project of its kind to date.” Those who live in Asia compose nearly twothirds of the world’s Muslims, with only one in five in the Middle East and North Africa - even though more than half of the 20 countries in that region are overwhelmingly Muslim. Indonesia has the largest number of Muslims of any country - nearly 203 million - which represents just under 13 per cent of the global Map: Pew Research Center’s Forum on Religion & Public Life • Mapping the Global Muslim Population, October 2009 total. the country’s population, followed by India Sunnis - between 87 and 90 per cent versus 10-13 Other countries in the top five in terms of per cent who are Shia Muslims. with 161 million, or 13.4 per cent. numbers of Muslims are Pakistan, 174 million The report estimates there are between 154 to The overwhelming majority of Muslims are Muslims who make up around 96 per cent of
Aisha Stacey*
Gaza Revisited
J
ust over nine months ago, Israel launched an all out war on Gaza. One of the world’s most elite and well-equipped military forces – the Israel defence forces, or IDF bombarded the small coastal strip, 26 miles long and six miles wide. For 22 days, the people and infrastructure of Gaza were attacked from the air, from the sea, and from tanks and ground troops. The all out offensive left more then 1300 Palestinians dead and more then 5000 wounded. Israel suffered 13 casualties. While Australians sweltered under the hot summer sun, those of us with access to international news services watched in horror as Palestinian civilians were slaughtered and infrastructure was bombed beyond recognition. When a unilateral ceasefire was declared on January 18, the tanks withdrew, the Palestinians buried their dead, and the images faded from our screens. The world breathed a collective sigh of relief. Our sensibilities were no longer assaulted by man’s inhumanity to man. However, did anything really change in Gaza? All these months later the borders remain closed. 1.5 million people remain trapped in an open-air prison. Aid agencies face daily battles to deliver aid to this most densely populated strip of land, and the Palestinian humiliation continues unabated. Have we too, the Muslim brothers and sisters of Australia, forgotten Gaza? Did we hold the face of a malnourished Palestinian child before our eyes as we enjoyed our Eid feasts? Have we continued to demand that our elected representatives apply pressure to the Israeli government to treat Palestinians humanely? Soon after Eid, as if to remind us of our negligence, the United Nations has released the Fact Finding Mission on the Gaza Conflict report. Evidence has been found of “serious war crimes and breaches of humanitarian law which may amount to crimes against
200 million Shia Muslims in the world; around 70 million of them live in Iran. Egypt has the largest Muslim population in the Middle East and north African region, while Nigeria has the largest Muslim population in sub-Saharan Africa. Both countries have around 78 million Muslims, but in Egypt they are in a clear majority nearly 95 per cent - while in Nigeria, which is Africa’s most populous nation, they make up around half the population. Europe has around 38 million Muslims, around 16 million of whom live in Russia, 4 million in Germany and 3.5 million in France. Of the approximately 4.6 million Muslims in the Americas, more than half, or about 2.5 million, live in the United States. Source: pewforum.org
Telltale videotape Gaza- Aljazeera:
T
humanity”. The 575-page report presented to the United Nations Human Rights Council on September 27 concluded that the conduct of the Israeli armed forces constituted a grave breach of the Fourth Geneva Convention. The IDF also caused great suffering to protected persons and as such, gave rise to individual criminal responsibility. The mission concluded that, “the direct targeting and arbitrary killing of Palestinian civilians (was) a violation of the right to life.” Mission leader, Justice Goldstone said the 36 investigated incidences took place during the 22-day offensive and were not committed in the “heat of battle”, but rather were related to deliberate policies and decisions. Consequently, what we already knew has been
confirmed by an “independent” authority. The Washington Post however, calls the mission an “exercise in the manipulation of law and legal discourse” and the Israel Ministry of Foreign Affairs declares it a “political assault directed against Israel.” With little hope of the wrongs against Gaza being addressed by the United Nations, the world wide Muslim Ummah is reminded that human beings plan and plot but it is Allah who is the best of planners. In a world, seemingly devoid of justice He is the Most Just. * All references to the fact finding mission can be confirmed here at http://www.un.org/apps/news/story.asp?NewsID=3 2057&Cr=palestin&Cr1
*Aisha Stacey is a writer and reseacher based in QLD. She writes a weekly column for www.islamreligion.com
he diplomatic and political developments came a day after a Palestinian news agency, Shahab, reported that PA representatives at a meeting in the US initially rejected Israel’s request not to endorse the Goldstone report. But, then, Brigadier Eli Avraham, an Israeli representative, played a videotape showing a meeting between Abbas and Ehud Barak, the Israeli defence minister during the Gaza war, in which Tzipi Livni, Israel’s former foreign minister, was also present, the report said. The tape showed Abbas trying to convince Barak to continue the offensive, according to the Shahab report. Avraham also played an audiotape of a telephone call between Dov Weissglass, a senior Israeli official, and al-Tayyib Abdul Rahim, secretary-general of the Palestinian president’s office, the report said. In the conversation, Abdul Rahim noted that circumstances were suitable for entry of the Israeli army into Jabalya and al-Shatea refugee camps, and said that the fall of these two camps would end Hamas’s rule in Gaza Strip, Shahab said in its report. Weissglass then told Abdul Rahim that such an army operation would lead to the deaths of thousands of civilians, but, according to Shahab, Abdul Rahim said: “They have all elected Hamas, so they are the ones who have chosen their fate, not us.” The Israeli delegation warned the PA representatives that it would present the recorded material to the UN and news organisations, forcing the Palestinians to accede to Israel’s demand to delay the vote on the Goldstone report, the Shahab report said.
Palestine
Page 8
Editorial
WHY THE NOBEL PRIZE TO OBAMA? Our editorial team was highly surprised by the fancy 20 million dollar Nobel prize for peace given to the newly elected US president Barack Hussein Obama. The idea had been a sort of joke between us as it was obvious that he had not yet had the opportunity to do anything on his agenda except being involved in the killing of thousands more Muslims in Waziristan (declared war against Pakistani Taliban) and contibuting to the hundreds of thousands of refugees across the world. The latest Iranian election was another opportunity for the new US president to become involved in the unrest there, which led to the killing of dozens, with many more threatened by capital punishment (these days by Iranian courts) due to Obama’s/ CIA bloody adventure! On the other levels of Obama’s famous promises: military withdrawal from Iraq, stopping the bloodshed in Afghanistan or progressing the Israeli-Palestinian peace process, nothing has been done yet. Apart from his elegant secretary of state, Hilary Clinton, making huge immoral pressure on Palestinian Authority boss, Mahmoud Abbas to postpone a vote on the findings of the Goldstone report about the Israeli war crimes in the latest war on Gaza. How could such a poorly performing president, with involvement in killing many innocents over the last 10 months, be granted such a prestigious prize? Dear reader, do you object, too?
Key points of the Goldstone report T
he United Nations fact-finding mission on Israel’s 22-day offensive on the Gaza Strip between December 2008 and January 2009 found evidence that Israeli forces committed serious war crimes and breaches of humanitarian law. It also condemned the indiscriminate firing of rockets from the Palestinian territory, which resulted in the deaths of Israeli civilians. “We came to the conclusion, on the basis of the facts we found, that there was strong evidence to establish that numerous serious violations of international law, both humanitarian law and human rights law, were committed by Israel during the military operations in Gaza,” Justice Richard Goldstone, the head of the UN investigation, said. “The mission concluded that actions amounting to war crimes and possibly, in some respects, crimes against humanity, were committed by the Israel Defence Force (IDF).” “There’s no question that the firing of rockets and mortars [by armed groups from Gaza] was deliberate and calculated to cause loss of life and injury to civilians and damage to civilian structures. The mission found that these actions also amount to serious war crimes and also possibly crimes against humanity,” he said. “The mission finds that the conduct of the Israeli armed forces constitutes grave breaches of the Fourth Geneva Convention in respect of wilful killings and wilfully causing great suffering to protected persons and as such give rise to individual criminal responsibility,” the executive summary of the 575-page report said. “It also finds that the direct targeting and arbitrary killing of Palestinian civilians is a violation of the right to life.” It went on to criticise the “deliberate and systematic policy on the part of the Israeli armed forces to target industrial sites and water
installations,” and the use of Palestinian civilians as human shields. On the objectives and strategy of Israel’s offensive, the investigation concluded that military planners deliberately followed a doctrine which involved “the application of disproportionate force and the causing of great damage and destruction to civilian property and infrastructure, and suffering to civilian populations”. The report recommended that the Security Council should require Israel to take steps to launch appropriate independent investigations into the alleged crimes committed, in conformity with international standards, and report back on these investigations within six months. It further called on the Security Council to appoint a committee of experts to monitor the proceedings taken by the Israeli government. If these did not take place, or were not independent and in conformity with international standards, the report called for the Security Council to refer the situation in Gaza to the prosecutor of the International Criminal Court (ICC). It also called on the Security Council to require the committee of experts to perform a similar role with regard to the relevant Palestinian authorities. Goldstone said investigators examined 36 specific incidents that took place during the Israeli operation in Gaza, which he said did not relate to decisions taken in the heat of battle, but to deliberate policies that were adopted and decisions that were taken. As an example, he described one such incident: a mortar attack on a mosque in Gaza during a religious service, which killed 15 members of the congregation and injured many others.
Source: Aljazeera
Crescent Times, 12th issue, October 2009
USA ‘pressured Abbas on Goldstone report’ Hillary Clinton, the US secretary of state, urged the Palestinian Authority (PA) not to accept the findings of a UN report into Israel’s war on Gaza because of fears it might scupper attempts to restart peace talks, Palestinian sources have told Al Jazeera TV channel. Clinton reportedly called Mahmoud Abbas, the Palestinian president, on Thursday to encourage him to withdraw PA support for the report, which heavily criticised the conduct of Israeli forces during the December-January conflict. The UN Human Rights Council had been due to vote on Friday 9th of October on the report by Richard Goldstone, an investigator appointed by the world body. Though the PA did not reject the Goldstone report, it backed moves to postpone a vote on the findings until March, triggering widespread condemnation from Palestinian groups and human rights organisations worlwide. Gaza crimes More than 1,400 Palestinians, at least onethird of them women and children, were killed in the December-January conflict, when Israel attacked Gaza to ostensibly stop Palestinian rockets from being intermittently fired into its territory. Ten Israeli soldiers and three Israeli civilians were killed during the 22-day conflict. Goldstone’s 575-page report blamed both the Israelis and the Palestinian group Hamas for war crimes, but was more critical of Israeli troops for “targeting and terrorising civilians”. Of its 31 chapters, only one related to alleged war crimes by Palestinian fighters. Analysts say the postponement in the vote lets Israelis off-the-hook for alleged war crimes. Goldstone’s findings were meant to be passed on to the UN Security Council after the planned vote. Israel and the Palestinians would have then got six months to impartially
investigate the war crimes allegations. While Hamas has already promised investigations, Israel has been loath to undertake any such exercise, fuelling accusations that Tel Aviv is indifferent to “excesses committed by its troops”. Various Palestinian groups and human rights bodies have reacted strongly to the PA decision to back a delay in the vote. “We were shocked today,” Khaled Meshaal, the political chief of Hamas, said. “Is it reasonable for Israel to commit all these crimes against Gaza, all this destruction, all this devastation, all this killing of civilians, all these institutions, mosques, and universities it has demolished, these war crimes which Israel has committed and the white phosphorus?” Ekmaluddin Ihsan Oglu, the secretarygeneral of the Organisation of the Islamic Conference, said that the delay was agreed after a deal was reached between the US and the PA. Lamis Andoni, a Middle East expert, observed that Abbas had succumbed to US pressure. “The deferment has relieved the unprecedented pressure on Israel to face the consequences of its actions,” she said. “The decision has only given Israel and the US time to defuse the international outcry.” “Abbas may have not wanted to alienate Obama, but the American president already squandered his credibility among the Palestinians when he dropped his demand for an Israeli settlement freeze as a prerequisite for the resumption of peace negotiations,” she said. Sameh Habeeb, founder and editor of the Palestine Telegraph online newspaper, told Al Jazeera that an opportunity had been missed to raise awareness about “Israeli crimes”. “We wanted this process to be carried through to label the Israeli actions as criminal and the Israelis as war criminals,” he said. The US, however, welcomed the delay, saying Washington would now concentrate on working towards renewing negotiations between the two sides.
Source: Aljazeera
Muslim community donates two truckloads of aid, offers volunteer assistance The Western Samoa Muslim League donated two truck loads of aid to the emergency office in Apia, with more to come. The League co-operated with two Muslim charity organisations in Australia and New Zealand to provide the aid. Al-Ghazzali Centre based in Sydney and Rasheed Memorial Dawah Trust from Auckland, co-operated with the League to provide the aid to the government for emergency distribution to victims of Tuesday’s tsunami. The two organisations have also sent volunteers to help rebuild Samoa. 10 volunteers, including lawyers, accountants, and IT professionals, have come from both the Muslim community in Australia and New Zealand to assist. They have been visiting villages across Falealili and Aleipata, and offering assistance with clearing damaged areas and helping families rebuild makeshift homes. The Muslim community is also offering to help assist with distribution of the donated aid as part of assistance they are volunteering to
the Samoan authorities. Dr Laulu Stanley of Vaiusu, where the Western Samoa Muslim League is based, said that there was also more aid to come from overseas, including family food packs from Fiji. There was a coordinated effort between Muslim organisations in Samoa, NZ, Fiji and Australia to send family food packs from Fiji, each pack containing food to feed a family of 8 for 1 week. The two truck loads of aid already delivered was an above weight contribution from the small Muslim community. As another example of practical cooperation for assistance of other faiths, the 10 Muslim volunteers will also be helping in Vaiusu with Samoa’s biggest Mangrove project, planting 1000 Mangrove seedlings before returning home. Imam Afroz Ali, of Al-Ghazzali Centre in Sydney, who is founding member of the Australian Religious Response to Climate Change, points out that the Muslim organisations now have a proven track record in such activities. Source: www.samoaobserver.ws
Crescent Times, 12th issue, October 2009
Sports
WA Police Multicultural Friendship Games:
A rendezvous with fun and harmony The Police Multicultural Friendship Games just keeps getting bigger and better. Sunday the 4th of October saw a very successful “Footy with the Fuzz” culminate with great wins by men’s team Sudan and women’s South Africa It is estimated that over fifteen hundred people attended the south side event which was held at Beale Park in Spearwood. The event was organised by the WA Police State Security Investigation Group and Football West in partnership with the South and South East Metropolitan Police Districts. (Cannington and Fremantle) Once again the event was deemed a great success and an incredible opportunity for Police and the Culturally and Linguistically Diverse community of Perth to come together and build positive relationships in the course of the great game of football. So popular were the north side games held in March 2009, that the October games resulted in an increase of the previous 20 teams to 28. Newcomers to the tournament were Thornlie Mosque, Maylands Mosque (ICWA), Saudi Students Club, UWA, St Mary’s Mosque, Muslim Youth of WA, North Africa, East Fremantle Tricolore Club and Geraldton Community who made a special effort to travel the long distance. Fairest players as voted for by the referees were Tarek from the Saudi Club men’s team and Shakira from the Muslim Youth of WA women’s team. Best participating teams of the tournament were awarded to the Thornlie
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VIC: PROPHET MOHAMMED’S EXAMPLE USED TO DEMONSTRATE COMMUNITY HARMONY AT POLICE IFTAR Thursday the 3rd of September 2009 marked the date of the Victoria Police 5th Annual Iftar. Fatima Dennaoui was there for Crescent Times.
Game from the tournament. Photo Courtesy: WA Police State Security Investigation Group. Mosque team which included four Imams; and the Saudi Club who displayed the best collective sportsmanship of the day. The best goal keeper of the tournament was awarded to Sheikh Faizel Gaffoor from the Thornlie Mosque team. A free halal barbeque organised by the WA Police and the Cockburn Soccer Club and was enjoyed by players and volunteers. The crowd were once again entertained by the WA Police Pipe Band, Disc Jockey and the Great Nile Band. The children particularly enjoyed the football clinics organised by WA Police and Football West WA Police Recruiting Branch reported
an enthusiastic interest from the CaLD community interested in undertaking a career with the Western Australia Police. Please see advertisement this page and contact 93019607 or 9301 9602 for more information Imam Berhaan Methar from the Thornlie Mosque, Cockburn City Mayor Mr Logan Howlett, Superintendent Scott Higgins Fremantle District Office and Mr Kevin Campbell CEO of Football West closed the games with an encouraging message of peace, friendship, harmony and unity within our community of different cultures, religions and races.
The Iftar brought together diverse members of both the Muslim and non-Muslim community to share an evening of dinner and dialogue. The dinner was organized by the Victoria Police Multicultural Advisory Unit, in conjunction with the Intercultural Society of Australia. The Multicultural Advisory Unit of the Victorian Police, established in 1983, is staffed by bilingual and bicultural police who are responsible for providing services relating to multiculturalism and the cultural societies of Victoria. The Intercultural Society of Australia (AIS) is an organisation established to promote interreligious and cross-cultural relations, harmony and social inclusion in multi-faith, and multicultural communities in Australia. In trying to promote intercultural dialogue, social harmony and cohesion in these communities, AIS organized this Iftar with government officials, university and religious leaders, community leaders and members of different cultures and faiths to further enhance the relationship between the various groups.
continued p17
Special: Eid fest 2009
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Multi national cultures of Islam
Crescent Times, 12th issue, October 2009
Regional NSW: a report from Wagga Wagga Eid fest Erin Rutherford*
F Muslim children at the Eid festival in Brisbane riding camels. Photo: Courtesy Irfan Yusuf, Crescent Times
Irfan Yusuf*
PLANET IRF:
I
have just returned from the 5th Brisbane Eidfest. It’s a family event that happens on the first Saturday after Eid al-Fitr. Like similar events in other cities, this is a day for the whole family. Thousands of people of all backgrounds and faiths turn up. There are lots of scary rides for your adrenalin rush and plenty of food and soft drink for your cholesterol and diabetes. This year’s Eidfest also had a regular feature of entertainment. It consisted of a group of young men who looked like something out of the ZZ Top fan club. Now you don’t need to go far in Muslim circles to see brothers who look like this. I don’t need to go far back in time to recall a period when I was like this also. It’s true. I was one of the self-appointed SPF officers, a member of the dreaded Sunna Police Force. I would go to community gatherings wearing a long face (and perhaps even longer beard) and looking on with disdain and disgust at any activity I deemed contrary to Qur’an and Sunna. If I’d see a Muslim woman without sufficient head covering or if I saw Muslims performing some allegedly alien and unIslamic cultural practice, I’d make sure a few choice words would slip out which were guaranteed to make them hate me and make me feel more pious. It was self-righteousness at its worst. Much of the time I was, strictly speaking, right. The sisters (and in my case, mum and sisters and aunts) should have been covering their head more thoroughly. But what understanding did I have of just how hard this was to do? No one had ever seen me in a hijab driving a car and tried to run me off the road while screaming words like “Go back to Iraq!”. I had never received strange stares at the shopping centre. All I had to make me stick out was a beard. I could be confused for a Hasidic rabbi or a member of American rock band ZZ Top. The worst thing for me was to see Muslims gathering for some cultural event. I hated going to Pakistan Day functions. There was, of course, much to hate about them. Watching Pakistani uncles in a long line giving long bombastic nationalistic speeches is enough to make anyone support India in the cricket. But just the whole idea of people gathering for a country made me ill. I assumed that Islam was a culture-free zone. We didn’t need culture. All we needed was the Sunna. I understood the Sunna to be a way of dressing, of eating, of greeting, of expressing one’s self culturally. You didn’t need to be Australian or Pakistani or Indonesian in your culture. You just needed to follow the Sunna. It was an extraordinarily simple and liberating idea. It was like manna from heaven compared to the Islam of religious community leaders who built and kept mosques like cultural relics. It allowed young Muslims to marry each other regardless of their parents’ cultural and language expectations. It allowed young Muslim people in Australia to jump off the imposed cultural pendulum and join the international Muslim Umma. It was a well-intentioned façade. Yes, it’s true that keeping mosques as cultural relics of what Islam was like in Karachi or Tripoli or Bandung in the 1970’s is perhaps of little relevance to Australia. But to suggest that Islam must be a culture-free zone is, in my humble opinion, nonsensical. Almost as nonsensical as to expect all Muslims to understand and practise their faith in the same manner as myself. I’d wish someone had told me earlier about how classical Islamic theology placed primary importance on expressing universal values using the cultural symbols of the existing culture. American scholar Dr Umar Faruq Abd-Allah writes: “For centuries, Islamic civilisation harmonised indigenous forms of cultural expression with the universal norms of its sacred law. In China, Islam looked Chinese; in Mali, it looked African. Sustained cultural relevance to distinct peoples, diverse places and different times underlay Islam’s long success as a global civilisation.” One of Abd-Allah’s students will soon be visiting Australia to implement this. Chicago lawyerturned-comedian Azhar Usman brings his Allah Made Me Funny stand-up comedy tour to Australia again in mid-October. Usman’s jokes may have had Western themes, but his use of comedy is consistent with the best traditions of classical Islam, taking some of his inspiration from the work of the medieval Javanese Muslim preacher Sunan Kalijaga. Just as Kalijaga used the existing Hindu culture of gamelan (classical Indonesian music) and wayang (shadow puppets) to communicate Islamic values, Usman uses the American cultural medium of stand-up comedy. Around the same time, Melbourne duo Nazeem Hussain and Aamer Rahman will kick off their Fear Of A Brown Planet tour again. It is possible to bring Islam into popular culture without compromising one’s principles. And you don’t need a long face to do it. Though as Azhar Usman shows, there’s nothing wrong with a long beard.
* Irfan Yusuf is a Sydney based lawyer, a writer and columnist. He is the opinion editor of Crescent Times.
our years ago when we were last in Wagga Wagga, Eid was a small affair. Although small, the atmosphere was beautiful and this close knit group all supported their Brothers and Sisters in a community where being a Muslim can sometimes be a little isolating. Eid Day came and went, with Morning Prayers together at the Musalla and then the community (approximately 60 Muslims) dispersed to do their own thing. This time around it was HUGE in comparison. The atmosphere was still beautiful and the community was still as supportive, but this year more than 200 Muslims gathered for Eid prayers. This was then followed by a sit down breakfast of gourmet sandwiches, snacks, juice, tea and coffee. For anyone who wished to stay there were activities planned for young and old - facepainting, a childrens talent competition, Islamic trivia, and races! For those not familiar with Wagga Wagga, it is a large country NSW town half way between Sydney and Melbourne. It has approximately 60,000 residents, of predominately AngloAustralian Christian background. Muslim students started coming to study at CSU from Malaysia in the 1990s. This convinced Charles Sturt University to allocate the current Islamic Study Centre for them, which was mainly used as a Musalla. It has wudu facilities and a small book collection but barely enough room for people to pray. Also at the Centre, forty children ranging from babies right through to those sitting their HSC attend the Islamic Sunday School
ritually week after week, and their enthusiasm is enviable. The children cling to their Muslim Brothers and Sisters, for they are usually the only one in their school that come from a different Faith. The Muslims in Wagga are educated and professional; including university lecturers physicians, dentists, pharmacists, and government officers. The community feels they are missing a place to satisfy their social, spiritual and educational needs, so with the steady stream of Muslim families and individuals coming to Wagga, the Islamic organisation called MARWA (Muslim Association for Riverina and Wagga Wagga, Australia), has been motivated to establish a larger Islamic Centre for the community. This Centre will be available for use by the Muslim and Non-Muslim community, with prayer, study and recreation facilities. Having the Islamic Centre here has made my family’s stay here that much better, and insha’allah if MARWA are successful in their developments here, anyone else that makes their way to Wagga for whatever reason and for however long, will continue to find a comfortable place to pray and somewhere to meet with the great Muslim community here. If you would like more information about the centre or to make a donation, please contact Brother Ata rehmanata@hotmail.com or phone 0422 336 066.
*Erin Rutherford has been volunteering at Al Ghazzali Centre in Sydney since 2003. She is a Registered Nurse by profession, but is currently working at home looking after her two children.
Photo: face painting at the Wagga Wagga eid fest. Photo Courtesy: Erin Rutherford
Bangladeshi Eid Amanda Charmand-Mazumder*
E
id in Australia for me means having breakfast with family and heading off to my uncle’s house to greet him, his gorgeous wife and my adorable cousins. I’d spend all Ramadan looking for
an outfit, just for these few hours. I have a very small family, so Eid for me pretty much ended there most years. But this Eid, putting aside that I miss my family tremendously, it was a surprisingly good Eid. Location: Bangladesh’s gorgeous green and luscious villages, Chandpur. Living in the noisy, busy and polluted city of Dhaka, it was such a peaceful retreat to head to Chandpur for Eid, where my Bangladeshi husband’s paternal family reside. We left Dhaka at night, viewing the new moon on the 4-hour road trip to Chandpur. It was officially Eid. On arrival I could not see much as it was dark and there’s no electricity. I saw fireflies for the first time in my life and I gasped in awe ‘’SubhanAllah’’; they were so mystically gorgeous. In the day, I saw ponds, fishing projects, rice fields, mango trees, coconut trees, jackfruit trees, waterlilies (which is the national flower of Bangladesh as well as a source of food), continued next page
Crescent Times, 12th issue, October 2009
Special: Eid fest 2009
Native Eid Reflections Matters
Eugenia Flynn* The Last Sermon of the Prophet Mohammed, may the peace and blessings of Allah be upon him, is often quoted by Muslims, with this particular passage in mind: “All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab, nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black, nor a black has any superiority over white except by piety and good action. Learn that every Muslim is the brother of another Muslim, and that Muslims constitute one brotherhood.” I read this sermon shortly after I reverted to Islam and this particular passage filled me with hope and longing for something that Australian society could never provide for me – a framework for the eradication of racism. As a Christian, I saw the way Christianity had spread to people of colour, to my Filipino family, to my Chinese family, mostly to my Aboriginal family. What I did not see in the JudeoChristian Australian society, however, was
Page 11
WA: Kings Park Eid prayer a chance to reconnect with friends and culture
such a clearly defined faith-based goal of ensuring equality amongst the races. Unfortunately, the reality of the Ummah was markedly different to what I was reading. I had experiences that left me with a bad taste in my mouth – the taste of ignorance and racism. Luckily for me though, I was able to separate the Ummah from the beautiful religion that I was now calling my own. Conversely, this meant I spent more and more time away from members of the Ummah, becoming insular and despising fellow Muslims. On post-Eid reflection, I realise that I have been connected with those in the Ummah that have kept me from despair of the racism and ignorance that exists amongst Muslims. During sajdah of Eid salat, I was given the overwhelming sense of ‘coming home’ – a feeling that, once again, has filled me with hope. I have truly been blessed this Eid. So as I have been given a great Eid, I wish you all a belated Happy Eid too. May the peace and blessings of Allah be showered over you and all our Ummah, so that we may be united in our worship of Allah. May we all ‘come home’ once again. *Eugenia Flynn is an Aboriginal and Chinese woman who lives in Adelaide. In 2005 Eugenia attended the First Inaugural National Muslim Youth Summit and in 2007 founded the Indigenous Muslim Support Network (IMSN). She has since been involved in building the Aboriginal and Torres Strait Islander Muslim community through the IMSN and has begun speaking to Muslim communities, in particular Muslim young people, about their involvement in social justice for Indigenous people.
Perth Crescent Times:
Above: Sisters and their children from the Indonesian community at Eid prayer at the University of Melbourne. Photo Courtesy: Sidqie Djunaedi
As usual for many years Dawaa centre of WA, organised the biggest Eid prayer gathering in Western Australia, at Kings Park. At least 3000 Muslims attended the prayer and the following celebrations, meeting up with friends and reconnecting with the culture and customs of their homelands. The special guest this
Eid of an Aussie Muslimah in Bangladesh
a mosque, schools, an orphanage, ‘Eidgah’ (Land primarily for Eid prayer). Down a very narrow dirt road, dense trees on either side like a tunnel, is the housing, a few little homes some made from tin, and new ones from brick & cement with tin roofing. This was our little estate. Early morning was the Eid swim. It was quite an interesting tradition where the families bond, bath and have fun in a pond a bit larger than the size of a football field. Eid prayer was after that. Women are not allowed in any mosque in Bangladesh and when I inquired why that is, I was told that the mosques don’t cater for women. So, unfortunately, the women
did not pray the Eid prayer. I was shocked, debated the issue and got nowhere, but the other women were used to it and didn’t think anything of the matter. I prepared a cake, cookies and biscuits in Dhaka and Grandma bragged to everyone about baking skills of her newest granddaughter-in-law. I took a dip in the pond too later but I had forgotten my ‘burkini’ in Dhaka so swam in my Eid clothes. During Ramadan, my husbands family gifted me with many Eid outfits, so I had plenty to change into. Eid is pretty much the only time where families get to reunite, it’s the only time off from
working in the city. The most amazing thing about the village though, was the children. They are so vibrant, sweet and caring. We had a lot of fun dancing, singing, reciting Quran, poetry, telling jokes, stories. It is tradition for the children to give ‘salam’ by touching the elders feet in return for ‘Eidy’ (Eid Money). It was hilarious watching the elders jestingly running away from the children. My husband and I treated the children to ice-creams and chips for Eid, something they rarely get. Overall, a relaxing Eid-ul-Fitr.
Amanda Charmand-Mazumder is a Registered Mental Health Nurse by profession who is passionate about Islam, medicine, psychiatry and nursing. She is currently working in Bangladesh as a writer.
year was the WA police commissioner who gave a speech after prayer congratulating the attendees and the whole Muslim community for the end of Ramadan, as well as encouraging the entire community to show up and participate in public events, politics, and to be proud of their origin and religion. Many young Muslims rushed to take photos with the commissioner and have a talk with him, while others told Crescent Times how lucky the WA Muslim community is to have a relaxed relationship with the police forces, in contrast to the Eastern states where tension has been experienced over last few years. The Saudi student association and dozens of other volunteers worked hard to organise the event, including traffic control, cleanup after the event, provision of public toilet facilities, and distribution of the food provided.
Community
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Introducing Islamic Centres in South Australia
Mohd Safwan Saparudin*
Above: Adelaide Mosque, the oldest mosque in Australia, established in 1888, and still operating today. Bellow: Al-Khalil Mosque, Adelaide. Photos: Safwan Saparudin, Crescent Times.
I
slam in South Australia dates back to 1865, when 31 camel handlers arrived in Adelaide from several countries including Afghanistan, Pakistan and Iran. Their pioneering endeavours helped to open up remote areas of the new colony. Today, there are more than 7000 Muslims from 60 countries living, working or studying in SA. Islamic centres play an important role in serving the needs of Muslims in their education, ibadah (ritual submission), propagating Islam (da’wah work) and giving a better understanding of Islam to non-Muslims. There are a number of Islamic Centres which serve the SA Muslim community. Adelaide City Mosque is proud to be the oldest mosque in Australia, which was founded in 1888. Located in the heart of Adelaide City, the mosque holds daily congregational prayers, Jumaah prayers, Arabic classes, marriage ceremonies & certificates and halal certification. For enquiries, ring Imam Khalid 08-82316443. Al-Khalil Islamic and Arabic Centre is the biggest Islamic centre in Adelaide. Historically,
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it was built sponsored by the late Mr Fathi Shahin’s family and officially opened on 30 November 1998. Situated at North Woodville, the centre offers congregational prayers, library, funeral services and Sunday schools for children. For enquiries, ring the mosque office: 08-8268 2257. The Islamic Dawah Centre of SA is an active Islamic centre which is located in Allenby Gardens. Officially opened on 16 May 2009, the centre offers a bookshop, gymnasium, Islamic programmes and sports activities such as table tennis. For enquiries, please call 0433 843207 or email: islamic_answer@gmail.com Hidayah Quranic Centre is a newly established centre aimed to produce a unique Quranic generation through educational classes; Tajweed (recitation of Quran), Tahfeez (memorization of Quran), Arabic and Islamic Studies courses. All the courses are open to Muslims of all ages. Muslim reverts are most welcome. Arabic classes are conducted every Sunday at 1.30-3.30 pm at the Islamic Dawah Centre. For Tajweed, class schedules are very flexible
Crescent Times, 12th issue, October 2009
Exiled Chinese Muslim leader visits Melbourne
Shayma Alshakshir*
E
xiled Uighur leader and activist, Rebiya Kadeer became a controversial subject and made many news headlines upon her visit to Melbourne last month. Ms Kadeer came to Australia for the premiere of her film 10 conditions of Love which was screened in Melbourne as part of the Melbourne Film Festival. In a press conference, and through an interpreter, Ms Kadeer accused China of trying to cover up atrocities against the Uighur people.Ms Kadeer was hoping Australia would put diplomatic pressures on China for an independent inquiry into the riots. “We’ve always been peacefully struggling for our freedom, for democracy, and for our human rights,” Ms Kadeer said. China on the other hand sees Ms Kadeer as a criminal. The 62-year-old exiled activist was imprisoned by the Chinese government for six years. The Chinese government had forced two of her children, who are both imprisoned, to say she was responsible for the uproar. Ms Kadeer became uncontrollably emotional as she spoke of her children. ``I believe my children aren’t convinced with these declarations; I think it’s just pressure, I know deep inside they believe in what I do,” Ms Kadeer said. The screening of the film led to attacks from China on the festival’s website. Festival officials found that Chinese hackers formed a website in China titled: “A call to Action to All Chinese People”, which explained how to set up a fake account to buy tickets, where seats were made to seem reserved and sold out. * Shayma Alshakshir is a Professional Writing graduating student. Her works have been published in Islamonline (youth4the future), Assabeel Daily Newspaper (Jordan). She is a media cadetship candidate at the Herald Sun Newspaper.
- students may fix their own time and venue where appropriate. Besides offering classes, a new Islamic shop, Hidayah Store offers a huge range of Islamic books, clothing and accessories. For enquiries, visit www.hidayahsa.com or email centre@hidayahsa.com or ring 0433595520. Located at Parkholme, there is Al-Faruq Islamic Centre which offers congregational prayers, Jumaah prayers, Arabic classes for children and a bookshop. For further information, call Imam Sharif at 08-8277 8725. Abu Bakr Mosque is situated at Gilles Plain and offers daily congregational prayers and Jumaah prayers. For enquiries, call Imam Abdul Hadi 08-8396 0781. Burc College for primary school children is situated within the mosque area. For further details, kindly visit www.burccollege.sa.edu. au or call 08-83735592. The Islamic College of SA is the main Islamic educational institution for the young generation. For further information, visit www.icosa.sa.edu.au or email: admin@ icosa.sa.edu.au or call 08-8340 7799. The Adelaide University prayer room enables Muslim students to perform daily prayers, Jumaah prayers and Islamic activities on campus. The Musalla holds two sessions of Jumaah prayers at 12.30 pm and 1.30 pm. Situated at level 6, Union House, Adelaide University, North Terrace Campus, the Musalla can accommodate up to 150 people at one time.
EDITORIAL TEAM: EDITOR IN CHIEF: Tarek Chamkhi: editor@crescenttimes.com.au PRODUCTION EDITOR: Joanne McKeown: editor2@crescenttimes.com.au MELBOURNE EDITOR: Nasya Bahfen: nasya.bahfen@crescenttimes.com.au MELBOURNE OFFICE: Rashid Alshakshir: rashid@crescenttimes.com.au ADELAIDE OFFICE: Safwan Saparudin: safwan@crescenttimjes.com.au OPINION EDITOR: Irfan Yusuf: opinion@crescenttimes.com.au
Alhamdulillah, there are a significant number of Islamic centres in SA! We pray to Allah that the centers will offer the best services in organising community-friendly and up-to-date Islamic educational services towards the betterment of Muslim Ummah. Let’s compete with and compliment each other in goodness as enjoined by Allah in the Holy Quran: “So hasten towards all that is good” (Al-Baqarah 2:148). * Mohd Safwan Saparudin is the new office manager of Crescent Times in Adelaide, SA. He can be contacted on: safwan@crescenttimes.com.au
Contributors in this issue: Shayma Alshakshir - Rashid Alshakshir -Mohd Safwan Saparudin - Tarek Chamkhi - Jamal Daoud- Keysar Trad - Linda Delgado -Simon Lee - Amanda Charmand Mazumder - Erin Rutherford - Eugenia Flynn Hayder Gulam - Debora McNichol - Aisha Stacey - Irfan Yusuf
Crescent Times, 12th issue, October 2009
East West
Why does CT publish controversial issues? Over the last 12 issues, CT has published articles about a number of controversial issues - sometimes without even realising that there was controversy prior to publication! As a result, we have been accused by some of being fitnah makers, by others of misleading Muslims in religion and even accused of publishing too many photos of ladies! (This last and funniest accusation sadly being made made by a close friend, who has certainly changed over the many years since I last saw him in 1991). On many occasions I had to reassure the confused or those with extremist views that our newspaper editor is well experienced in journalism and is also a well qualified Imam. It has never been our intention to show off or play shaytan’s games, but rather to gain the trust of ordinary Muslims from all over places and families (mainly our Australian readers). Our idea is to have a forum for Australian Muslims across their ideological or ethnic backgrounds, to have their say and be responsible, critical and positive in the way they should be at the end of the day as first class Australian citizens. We may not have done that perfectly but we have tried. In this 12th issue we publish at least two controversial or likely to be controversial pieces. The article about polygamy by Keysar Trad, and the lengthy article about Shariaa courts in Australia by two lawyers: Hyder Gulam and Simon Lee. We are ready for criticism from both extremes of the picture, as well as comments from those sensible people, who read and think. We have already received messages, to go home, leave Australia if not ready to live up to their life style (poor buggers get confused when they meant Anglo Christian way of life, as should be the Aussie way of life!). Nothing will be worse than that! Regarding the issue of Shariaa law, this is not a new debate, as our friend Imam Abdul Jalil Ahmed (WA) expressed this need many years ago. We could not see any reason to delete it from the discussion board. As far as I know, the Catholic church has a sort of religious courts already that co-exist in this country with full acknowledgment and cooperation with the national or local standard courts and laws. We are not a second class or less important religious group by any means. As editor of this newly published newspaper I encourage all Muslims and non Muslims to contribute to this discussion and be part of our Muslim voice of reason, thoughts and tolerance. We are proud to serve all of you through Crescent Times. Editor in Chief
Opinion
Page 13
A ‘Shariah court’ in Australia?
Simon Lee* Hyder Gulam**
The aim of this paper is to stimulate discussion on whether is it feasible to establish a Shariah court in Australia. This paper will examine how such a court could work, the foundation of the Shariah legal system and the Australian legal system. The purpose of this article is to stimulate debate and intellectual discourse. Foundation of Shariah Islamic law is based on unqualified submission to the will of God or Allah. The will of Allah embraces all aspects of life and the law hence covers all of life, both the spiritual and temporal. Shariah is an Arabic word meaning the path to be followed. Literally it means ‘the way to a watering place.’ It is the path not only leading to Allah, but the path believed by all Muslims to be the path shown by Allah, through His Last Messenger, Prophet Muhammad (P.B.U.H.). For adherents to the faith of Islam, Shariah governs every aspect of one’s daily life, provides the moral and legal framework for millions of Muslims and has been in existence since the 7th Century. Unlike the Roman law or English common law, Shariah is considered to be divine in origin. The first source of Shariah is the Holy Qur’an (religious text of Islam). The second source is the Sunnah or hadith (practice of the Prophet Muhammad). The third source is both ijma (consensus of opinion of ulama (or scholars)) and qiyas (analogical deduction). Also available as a reasoning process is ijtihad or literally “striving, or self-exertion in any activity which entails a measure of hardship”. Ijtihad is the process of making a legal decision by independent interpretation of the legal sources, the Qur’an and the Sunnah. Shariah is not strictly speaking solely a legal system as it is more pervasive into the individual’s thought, life and conduct. Too numerous to list exhaustively, Shariah impacts upon the conduct of daily life, politics, family, sexuality, hygiene, banking, business, contracts and social issues. Traditional legal systems within a western democracy, as currently prevails in Australia, is far less all-embracing than Shariah. The legal system in Australia regulates one’s conduct in relation to other citizens (criminal law), the union and separation of couples (family law), trade and commerce between corporate entities (corporations law), the movement into and settlement in Australia of non-Australian nationals (migration law) and many other areas of the individual’s existence. The Australian legal system does not however impact upon the individual’s private thoughts, lifestyle or conduct to the same extent as that of Shariah.
What is Shariah?
A significant fact when discussing Shariah is that there is no single, united understanding. Islamic law is understood and applied differently according to the sect, culture and school of interpretation to which a Muslim belongs. The majority of Muslims belong to one of two major denominations, the Sunni (90%) and Shi’a (10%). Even within the Sunni Muslim denomination there are four major legal traditions (schools) or madh’habs: Hanafi, Maliki, Shafi’i and Hanbali. The differences between these schools is not so great when, or example, marriage is considered however when it comes to divorce and inheritance there are notable differences and disagreement between the schools. As briefly outlined earlier, Shariah is an all pervasive system aimed at regulating the individual’s conduct in society. In Shariah there are five classes of actions: 1. Obligatory (wajib or fard): 2. Recommended (mandub or mustahab) 3. Neutral (jaiz or mubah) 4. Disapproved (makruh); and 5. Forbidden (haram) The obligatory and forbidden actions lend themselves to being dealt with by application of sanctions or generally the application of the law. The recommended or disapproved actions would not be the subject of law as it is applied in a western
democracy. While Shariah is likely to impact upon all five classes of actions, law as it currently stands in Australia is only likely to control or regulate classes 1 and 5, that is obligatory and forbidden. There is already a clear distinction between the application of Shariah and the law as it presently exists in Australia. This does not suggest however that there is no position or place for Shariah in contemporary Australia. Because of the broad reaching application of Shariah on the lives of Muslims and the comparatively limited application of the law in Australia on individual’s lives, there would be a need to be selective as to which aspects or elements of Shariah law could be applied in Shariah courts in Australia.
Family Law in Islam
In Islam, family relations encompass the marriage relationship, polygamy, unlawful forms of marriage, the dowry (mahr), divorce decided by the male (talaq) or at the insistence of the female (khulaa), the period of waiting after death, separation or divorce (’iddah) and maintenance (nafaqah). The purpose of marriage is to provide men and women with company, to procreate, improve inter-family alliance and group solidarity. Marriage is also seen as a form of piety (taqwah). It is clear from Surah An-Nisa 4:22-24 in the Qur’an that several categories of women must not be married. There is only one provision for polygamy in the Qur’an, Surah An-Nisa 4:3 and even then if the male is unable to treat them equally or justly then he should have only one wife. Mahr is mentioned in the verse, Surah AnNisa 4:4, and is an essential element of a Muslim marriage. It is given by the bridegroom to his bride and varies from the old European system whereby a father gave his daughter a dowry at the time of her marriage which became the property of the husband. The two forms of divorce (talaq and khulaa) are highly formalised and are distinct to the Shariah as a means of separating from a spouse. The same can be said of the waiting period and maintenance, which is not found in most other religions Talaq literally means to set something free. The term is used in Shariah to denote the legal method whereby a marriage is brought to an end by the husband. The aim of Shariah is to establish a healthy family unit. Reconciliation between spouses is encouraged. However, where good relations between husband and wife appear distinctly impossible then Islam permits divorce rather than maintain the two in a painful and suffering relationship. Once relations have taken a serious direction threatening the marriage contract, the Qur’an at Surah An-Nisa 4:35 clarifies the position: “If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from hers; if they both wish for peace, Allah will cause their reconciliation.”
Foundation of Australian legal system
The Australian legal system is founded on the Constitution, which was itself was passed as an act of the British Imperial Parliament in 1900 and took effect on 1 January 1901. A British Act was required because Australia was at that time a collection of six self-governing British colonies. Despite being a document drafted by Australians for Australians, the Constitution reflects the institutions, traditions and practices of constitutional government in Britain in the 19th century and can trace its origins as far back as the Magna Carta of 1215. Australian law is found in Commonwealth, State and Territory laws which have come into existence as a result of agreement among politicians convening to establish sanctions against certain specified conduct. Under the Westminster system of government, those politicians were elected to parliament by those voting voluntarily in each electorate. Ideally in such a system, politicians represent the majority of members of an electorate. There are no religion-based criteria for becoming a Member of the House of Representatives or the Senate. Significantly, under section 116 of the Australian Constitution, the Commonwealth is not permitted to make any law for the establishment
of religion, or prohibiting the free exercise of any religion. This section provides that: “The Commonwealth of Australia shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.”
Marriage under Australian Law
Marriage in Australia must be performed by a marriage celebrant authorised under the Marriage Act 1961 (Cth). A couple intending to marry must provide a Notice of Intended Marriage to the authorised celebrant at least one month, and no more than 18 months, before the wedding date. It is possible to shorten the minimum notice time for a marriage to less than a month if the special circumstances set out in the Marriage Regulations 1963 are met. There is a list of authorised marriage celebrants from religious organisations as well as celebrants from nonrecognised denominations. There are several further obligations which must be completed before the union of a man and woman can be solemnized however only the essentials will be covered for the purpose of discussing the feasibility of a Shariah court in Australia. A similar limited focus will also apply to the review of divorce in Australia. The completed application must be filed in person or by post at a family law registry. A person cannot sign and file an application for divorce until he or she has been separated from his or her spouse for at least 12 months. The Family Law Court can only grant a divorce if it is satisfied that the marriage has broken down irretrievably (permanently) and there is no reasonable likelihood of the husband and wife resuming married life. If the marriage is of less than 2 years’ duration the applicant must attend counselling or seek the Court’s permission to apply. There are several forms of dispute resolution available currently in Australia. They are counselling, mediation, conciliation, arbitration and litigation. Each of these dispute resolution methods is available in the context of family law. The purpose of outlining how family law is articulated in Australia is to show the major difference in processes from Shariah law. While the subject matter may be similar, the development of family law in Australia and its trajectory is significantly different from the conception of family law in Islam, if one could come to a united, single understanding of the later concept.
The Canadian example
Significant confusion arose in the Canadian media and public consciousness about a plan by the Islamic Institute of Civil Justice to establish a “Shariah Court” in Ontario. In June 2004, the Premier of Ontario Province, Dalton McGuinty, commissioned the Ontario’s former Attorney-General, Marion Boyd, to report on the use of private Islamic faith-based arbitration to resolve family and inheritance cases. The Boyd report was submitted on 20 December 2004. There was consultation with 45 organisations and individuals. The report generated 46 recommendations. Under nine months later, McGuinty rejected the limited application of Islamic law to settle such issues as divorce and child custody by announcing on 11 September 2005 (unlikely such date was chosen accidently) that no religious laws will be allowed in private legally binding arbitration for family matters. The original purpose of the 1991 Arbitration Act of Ontario was for the resolution of commercial disputes. Despite its original purpose it was chosen as a vehicle for settling family disputes. Many Muslim organisations rejected the use of the Arbitration Act as a means of resolving family disputes. One of the strongest voices of opposition
continued p18
Community
FOCUS: Linda D. Delgado*
Do I Live In Your Community?
W
e are the invisible Muslim members of your community. Invisible? You might scratch your head and ask how that can be. We are not only invisible, but often the forgotten Muslims in the community. We are the elderly sisters and brothers who are living alone. Some of us are without Muslim family or relatives. Some of us are chronically ill; some of us handicapped or severely disabled. You never see us at the masjid. We don’t attend community events. We don’t drive. Some of us are fortunate to own a computer and rely on email to remain in contact with other Muslims…almost always Muslims living far away in other regions or countries. Some of us don’t have access to a computer and we are truly alone and forgotten. Most Muslim communities don’t have our names listed anywhere for the community members to become aware that we are their sisters and brothers living in the community. No one stops by our homes to say the dua for the sick. No one calls and asks if we need transportation to a doctor’s office. No one asks us if we need help buying our food. There are some of us who have to depend on nonMuslim organizations to bring a meal by once a day. Is it halal food? We are beggars and cannot choose. Often this is the only meal we will eat that day as there are times when we are unable to cook for ourselves. We often become depressed and are lonely. Our children have moved away to other countries, or they are uncaring… busy with their lives… or we did not have children who might care for us. Some of us end up in a hospital several times a year and those are even lonelier times… hospitals are places without our familiar home surroundings and we are among strangers. Living Muslim in a westernised society presents many challenges for the elder Muslim and especially for the revert Muslim who doesn’t have extended Muslim family. Our mosques/communities are ill prepared to look out for us and provide the assistance we need…but only because no one thinks about us because we have become invisible to the community. I have often wondered why it is that none of the Imams and their spouses in the several Muslim communities where I live have never stopped by my home or called to inquire after my health or well-being. A friend of mine...we communicate via the Internet and have never actually met in person…wrote a while back that she was considering cutting off all her hair. She said it was becoming impossible for her to shampoo her hair or comb it out. She said the smell of her sweaty and dirty hair was making her feel nauseated and the odor made it hard to eat. Like many elder and living alone sisters, she
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has no one to help her with these very personal and important tasks. Sometimes we become the remembered “chore to be done” and not the “lookedforward-to” visit with a sister friend. Years ago a sister came to my house to recite the dua prayer for me. She came into my home looking at her wrist watch and glanced at her watch frequently during the 5 minutes she “visited” me. Another time a sister stopped by...just long enough to place a basket of fruit on the table, apologise for having to rush off, and I never even got the opportunity to close the front door as she was in and out faster than I could move using my walker! She and her husband were on their way to community Eid prayer. Well, at least I saw another Muslim on Eid, if but for a few minutes, and I thanked Allah. I haven’t determined, yet, if being someone’s unwelcome duty or chore is more or less disheartening than just being invisible? Not knowing many elder and homebound Muslim brothers…I wonder how they manage. What do they do come Fridays and they can’t get to the masjid for prayer. How sad that this happens. How do they get their laundry done or must they resort to wearing dirty clothing? Who prepares their meals if they are unable to cook… or maybe they have to buy microwave meals to eat? A friend who is still young and able recently had an accident and was in hospital for some time. It wasn’t until this forced stay among strangers that he realised how lonely it can become without the presence of other Muslims in his daily life… the prayers… the simple Muslim greeting being heard and responded to… such routine things in most Muslim’s lives, but treasures in the lives of the invisible Muslims. I did not choose to write about this to evoke any feelings of pity for myself and other invisible Muslims. We do not need that. Most of us have broken bodies, but our minds are sound and we want to be a part of the community... to be treated with kindness and respect. To be helped as we need it. To be remembered as a sister or brother. I am one of the fortunate revert Muslims who has a non-Muslim family that did not reject me when I became Muslim. I have a family to help me. What I don’t have is a local Muslim community to be a part of. My Muslim community has been found through making sister and brother friends via the internet, but there are times when even I, with so many wonderful “cyber” friends, miss the familiar Muslim greeting spoken in person… As Salaam’Alaykum. *Linda D. Delgado is a Muslim revert, a mother, grandmother, and great-grandmother. Known to her friends as w “widad” she is a published author, the owner-publisher of Muslim Writers Publishing: www.MuslimWritersPublishing.com and the founder of Islamic Writers Alliance Inc.: www. islamicwritersalliance.net.
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Crescent Times, 12th issue, October 2009
Opinion
Page 15
Why should bigamy Muslims and the Media remain a crime? Keysar Trad*
I
N JUNE last year, Triple J’s current affairs program Hack ran an item on plural relationships. The ABC’s youth broadcaster interviewed me about polygyny, a form of polygamous marriage in which a man has more than one wife at the same time. A bisexual couple were also interviewed. To my surprise, I was reported on the ABC’s respected current affairs program AM the next morning. Without speaking to me again and after seeking comments from the AttorneyGeneral’s office, AM ran the line: “Undeterred Keysar Trad says he’s hoping to find another wife to join his family. To do so, he says, would be to honour his first wife.” No such comment had aired on Hack. The media then spent more than a week mocking the practice of a husband having two or more wives simultaneously. No one took issue with the bisexual relationship, which involved one man and his female partner, who also had a relationship with another woman. At the end of an interview on 2UE, Mike Carlton declared that, as a Judeo-Christian nation, we marry one person for life. After a pause, he added that we just have lots of affairs on the side. In Western society, the “other woman” in an affair is stigmatised. She faces significant pressure to keep the relationship secret to protect her man because modern society frowns on plural heterosexual relations. If she fell pregnant, society – including her partner – could place great pressure on her to have an abortion. The mistress in an affair should have rights. She needs to be protected if she decides to end the relationship because the man refuses to live up to her expectations and leave his wife. The Attorney-General, Robert McClelland, must have been paying attention. A few months later, he introduced legislation granting rights to the second woman so that she could also share the assets of her married lover. The problem of deception, however, does not go away. Why in the liberal 21st century must we live a lie in relationships? And why do we continue to maintain a facade that monogamy is a perfect institution, when studies consistently reveal that most men admit to having affairs? Monogamy is great, but it is clearly not for everybody. Islam openly acknowledges this fact of human nature and stipulates a regulatory framework for plural relations. But modern Western society, suspicious of all things Islamic, fails to recognise the qualities of Muslim marriage and family. Legally enforceable monogamy was introduced by Emperor Justinian in the year 534. Justinian himself kept a courtesan as a mistress. He married her after the death of his wife, Euphemia, and only after he convinced Justin, his predecessor, to change the law so that senators could marry actresses and courtesans. Justinian is said to have criminalised plural unions under the influence of St Augustine, though Augustine clearly stated in his treatise on marriage that having several wives is not “contrary to the nature of marriage”. Yet like other church fathers, Augustine preferred celibacy, or monogamous marriage if one could not be celibate. Over the years, I have counselled adulterers from different faith backgrounds. I never tried to punish, hurt or expose them. I tried to guide them to mend their ways. I tried to help them
Keysar giving his speech understand that sex outside marriage was neither in their best interests nor in the best interests of society. If they were married, I did my best to ensure that their marriage remained safe and stable. Had they been in plural unions that conformed to the Islamic regulatory framework, such relationships would not have been adulterous, but divinely sanctioned unions. Australian law has maintained the Justinian facade that a marriage is one man and one woman, and that every other relationship must be kept secret. Under Australian law, bigamy attracts penalties of up to seven years’ imprisonment. On the other hand, polygamous marriages conducted overseas are recognised under family law for the purpose of property settlements. When a couple marry in a Christian church, it indicates they want their marriage to be governed by the rules of that church. The same applies for unions conducted under Muslim rules. For a marriage to be valid under Islam, it requires the consent of both parties, at least two witnesses and a dowry paid by the groom to the bride as a gift for her to use as she pleases. There is no requirement for such a union to be “legally” registered with a secular body that does not recognise the clauses in a Muslim union. Plural relations of this nature that take place in Australia are treated like de facto relationships and are not registered. This keeps them outside the ambit of the nation’s criminal and marriage laws. Such unions are not considered adulterous because they follow the rules of an Islamic union. They are not secret and they carry no stigma under God. This is not to say that people are actively encouraged to enter such unions. Islam stipulates very strict equality in the treatment of wives. If a man cannot treat his wives equally, the Koran says he should have only one. Monogamy is the norm in Muslim communities. However, men who are capable of supporting more than one partner equally are advised to be open, honest and accountable in their relationships and to treat their wives fairly. Yes, polygyny may lead to jealousy. We are all human. But in a caring and sharing world where we become euphoric when we give to those in need, sponsor orphans and provide foster care, the ultimate in giving is for a woman to give a fraction of her husband’s time and affection to another woman who is willing to share with her. It is a spiritually rewarding experience that allows women to grow while the husband toils to provide for more than one partner. In most cases, the husband ends up providing separate accommodation. The women can agree to share dwellings – it’s entirely up to
Rashid Alshakshir*
I
f the oppressed should not fight for their rights in this life in the belief that Allah (swt) will compensate them in the hereafter, then why did Islam introduce a process where the victim has a right to seek retribution and retaliation? To what extent can a Muslim fight for a right from another Muslim? How much weight does the common ‘not good for the Muslim community’ really hold? In recent weeks Muslims have gained some attention after a Melbournian family decided to voice their concerns to the media subsequent to failed efforts at trying to quietly regain their rights from their Muslim counterparts. Some in the community thought it shouldn’t have happened. Well, many things shouldn’t happen, but when they do, it’s the reactions that can make a difference. What was most unfortunate is that many advocated that the oppressed be quiet rather than the oppressor right their wrongs. Does the media depicting someone in the wrong, who also happens to be Muslim, defame Islam? On many occasions the Prophet (pbuh) was called upon by the non-Muslims to be a judge between the disputes that they had against Muslims. He judged fairly, sometimes judging against the Muslim. He (pbuh) also said he will cut off his own daughter’s hand if she steals. He (pbuh) knew that such judgments would not tarnish the image of Islam; rather, it was a proof of how fundamentally crucial justice is for the well being of society. Since the prophet (pbuh) wasn’t worried about his fair judgments defaming Islam then neither should we. Using the media to regain your rights is not the best option, but the oppressed are usually left with very limited, if any options. When Islam came, it introduced strict rules and guidelines
them. Many men in Western society complain about their mother-in-law or a “nagging” wife. If his wife and in-laws were difficult, would he seek more of the same? The willingness of a man to take on another wife is in fact a form of praise to his first wife. While Islam sanctions polygyny, it does not condone threesomes. Islam also does not permit polyandry, a form of relationship in which a wife takes more than one husband. There are many reasons for this. Some are medical, some relate to paternity. Others pertain to the sexual proclivities of the different genders. The sex therapist Bettina Arndt, promoting her book Sex Diaries, outlined the merits of women saying “yes” more often to sex with their husbands. If Arndt’s research is reflective of a greater portion of the population,
for the rights of all those on the planet, so when mistakes are made that infringe upon the rights of others, they should not be immune from condemnation. It is imperative to understand that unjust actions should not be put out or swept away because those who wronged are Muslims. “Allah loveth not that evil should be noised abroad in public speech, except where injustice hath been done; for Allah is He who heareth and knoweth all things”. (4:148) To be concerned that Muslims appearing in the media might cause Islam to be perceived negatively, and instead choose to ignore injustice is utterly shameful as it exposes how perverse our priorities are as a community. “And those who, when an oppressive wrong is inflicted on them, (are not cowed but) help and defend themselves”. (42:39) It is regrettable that we don’t have an independent arbitration committee that Muslims can turn to in dire circumstances, but what is more unfortunate is that, when those oppressed seek outside help, the community is swift to attack for turning to the “kuffar” for help, essentially double oppressing the oppressed. To continue to socialise with a known oppressor is wrong, no matter who they may be, instead we should be imposing a social boycott until they do what’s right. “Believers! Stand up firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor; for God can best protect both.” (4:135) A reminder for the oppressors to ponder on; there is no doubt the oppressed will regain their rights, whether they gain them in this life or the hereafter is for you to decide for you will solely be responsible.
* Rashid Alshakshir is a Multimedia and Professional Writing student at VU. An aspiring film maker, his first film Outlawed screened at a city public gallery for two weeks. Rashid is the new CT manager in Melbourne.
a monogamous relationship leads to reduced interest in sex among women and a perpetual state of conjugal frustration among men. If men in monogamous relations are not satiated, by its very nature polyandry creates an overwhelming burden for a woman in longterm relationships. Who someone marries first is an accident of history. If a man who has an affair had met his mistress before his wife, he may have married her. Why maintain the facade that is the Justinian doctrine of monogamy knowing it has failed as a social experiment? A man can have multiple girlfriends. Why not formalise that into a commitment for life? Why should “bigamy” be a crime? *Keysar Trad, article first published in Spectrum, Fairfax media
Page 16
International
Festival of dangerous ideas
Sydney ExclusiveCrescent Times
T
his October long weekend, the Sydney Opera House hosted the inaugural “festival of dangerous ideas”, sponsored by the Sydney Opera House and the St. James Ethics Centre. Keysar Trad reports: The mantra of the festival revolves around the notion that mainstream society’s paradigms of a dangerous idea may be nothing more than paranoia and that this idea may in fact be in the interest or the best interest of society. And ideas there were plenty, just looking at the titles of the different topics is enough to fill the page, the topics were, as per the program’s running order: Polygamy and Other Islamic Values Are Good For Australia by Keysar Trad No Human Cure Justifies Animal Experimentation by Denise Russell Yes to Child Labour, No to The Minimum Wage by Ray Evans Policing our Minds is the Future by David Mutton Religion Poisons Everything by Christopher Hictchens Freedom: The Most Dangerous Idea of All by Germaine Greer People With Flat Screen TVs Should Stop Whingeing about Capitalism by Oliver Hartwich and Cassandra Wilkinson. Bring Back Conscription by Rear Admiral Chris Barrie Does Online Networking Harm Children’s Brains? By Baroness Prof. Susan Greenfield By 2075 the Aboriginal Genocide will be Complete by Gary Foley Why We Enjoy Killing by Jeff Sparrow IQ2 Debate: Democracy Is Not For Everyone Make All Drug Use Legal by Greg Barns, Norm Stamper and Alex Wodek Australian Stereotypes Betray Our Cultural
Identity by Ien Ang, Robyn Archer and Larissa Behrendt. Dead Aid: Why Aid is Not Working and How There is Another Way For Africa by Dambisa Moyo Without God We Are Nothing by Cardinal George Pell The Old Should Pay For Themselves by John Humphreys Unfit For Life: Genetically Enhance Humanity or Face Extinction by Julian Savulescu It is clear from the titles that the topics would inspire a “for and against”. Most of them challenge our paradigms, we may agree with some and disagree with others. For me, there was plenty to disagree with in relation to the atheist Hitchens. There is for example his criticism of religious proselytism when in fact the whole nature of his talk was anti-religion proselytism. His “facts” about Islam were wrong and when you base an argument on a wrong foundation, it would by its nature collapse. The section of his talk that drew the most applause was his twice rendition of Bruce’s philosopher’s song the irreverence of which in a sense summed up the nature of his evening’s presentation being one of self vs. God and all those who contributed to society throughout history, apart from the militant atheists of course. George Cardinal Pell responded the next day: “Without God, we are nothing”, unfortunately, despite admitting that he did not know enough about Islam, he still made the cardinal sin, excuse the pun, of charging Islam, during question time, with something that was not true. Raised hand or not, and despite being introduced by a person from within the Muslim community, the Cardinal’s error went unchallenged, so let us set the record straight here: Islam teaches that those who sincerely
Prayer Schedule October 2009 Sydney, New South Wales
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Day Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
Fajr Sunrise 4:08 5:32 4:06 5:31 4:05 5:29 5:03 6:28 5:02 6:27 5:00 6:25 4:59 6:24 4:57 6:23 4:56 6:21 4:54 6:20 4:53 6:19 4:51 6:17 4:50 6:16 4:48 6:15 4:47 6:14 4:46 6:12 4:44 6:11 4:43 6:10 4:41 6:09 4:40 6:08 4:38 6:06 4:37 6:05 4:35 6:04 4:34 6:03 4:33 6:02 4:31 6:01 4:30 6:00 4:29 5:59 4:27 5:58 4:26 5:57 4:25 5:56
Dhuhr 11:45 11:45 11:45 12:44 12:44 12:44 12:44 12:43 12:43 12:43 12:42 12:42 12:42 12:42 12:41 12:41 12:41 12:41 12:41 12:40 12:40 12:40 12:40 12:40 12:40 12:40 12:40 12:39 12:39 12:39 12:39
Asr Maghrib 3:17 5:58 3:17 5:59 3:17 6:00 4:17 7:00 4:18 7:01 4:18 7:02 4:18 7:03 4:18 7:03 4:18 7:04 4:18 7:05 4:18 7:06 4:19 7:06 4:19 7:07 4:19 7:08 4:19 7:09 4:19 7:10 4:19 7:10 4:19 7:11 4:19 7:12 4:20 7:13 4:20 7:14 4:20 7:15 4:20 7:16 4:20 7:16 4:20 7:17 4:20 7:18 4:21 7:19 4:21 7:20 4:21 7:21 4:21 7:22 4:21 7:23
Isha 7:18 7:19 7:20 8:20 8:21 8:22 8:23 8:24 8:25 8:26 8:27 8:28 8:29 8:30 8:31 8:32 8:33 8:34 8:35 8:36 8:37 8:38 8:39 8:40 8:41 8:43 8:44 8:45 8:46 8:47 8:48
Crescent Times, 12th issue, October 2009
seek the truth will be guided by Allah at a time of His choosing and when they are guided, all their past sins are wiped and they become a candidate for paradise. Germaine Greer was great, for approximately 80% of her talk, the other twenty percent requires serious review, or fine tuning, her idea of giving children seemingly absolute freedom, imagine, if they are free from the watchful loving eye of a parent, there would be no shortage of interested parties trying to exploit them, especially the consumer economy that makes virtually everything to be consumed desirable, whether it is in their interest or not. To her great credit, Greer admitted that her ideas relating to women’s liberation make one very “lonely”. This takes us to my favourite, Baroness Professor Susan Greenfield. I have to admit, it is nearly impossible for me to agree with everything anybody says, the Baroness, a neuroscientist was close, very close to being a woman after my own mind. Her presentation on the human mind, now you see the pun, was ground-breaking, true, I have heard her presentation before. Key amongst the presentation is her evidence that genes do not necessarily determine behaviour. Of course her evidence was overwhelming that online networking, and gaming and increased exposure to the backlit screen and almost everything that flashes through that screen does in fact harm our children and people like me who walk around with a larger than life “computer generated figure” and who have become umbilically attached to the computer. Interestingly, David Mutton, in his presentation on policing our minds exposed that forensic investigations that involve psychologists inevitably breech the UN conventions to which we are signatories and also a number of ethical codes for psychologists. Add to this Germaine Greer’s expose of the thousands of cctv or surveillance cameras and you know that it is Orwell’s 1984 and Big Brother has been spreading his tentacles for the last eight years on the wings of “the fear of terror”. The festival was great, even though I could not attend all talks because some ran parallel to others and of course, I did not and could not agree with all the speakers. Having said that: I am sure that some of the speakers and some of the readers would not agree with me or my topic. Isn’t it great that we can agree to disagree?
Prayer Schedule October 2009 Melbourne, Victoria
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Day Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
Fajr Sunrise 4:27 5:56 4:25 5:54 4:23 5:53 5:21 6:51 5:20 6:50 5:18 6:48 5:16 6:47 5:15 6:45 5:13 6:44 5:11 6:42 5:09 6:41 5:08 6:39 5:06 6:38 5:04 6:36 5:03 6:35 5:01 6:33 4:59 6:32 4:58 6:31 4:56 6:29 4:54 6:28 4:53 6:27 4:51 6:25 4:49 6:24 4:48 6:23 4:46 6:21 4:44 6:20 4:43 6:19 4:41 6:18 4:40 6:17 4:38 6:15 4:37 6:14
Dhuhr 12:10 12:10 12:10 1:09 1:09 1:09 1:09 1:08 1:08 1:08 1:07 1:07 1:07 1:07 1:06 1:06 1:06 1:06 1:06 1:05 1:05 1:05 1:05 1:05 1:05 1:05 1:05 1:04 1:04 1:04 1:04
Asr Maghrib 3:43 6:25 3:43 6:26 3:43 6:27 4:43 7:27 4:44 7:28 4:44 7:29 4:44 7:30 4:45 7:31 4:45 7:32 4:45 7:33 4:45 7:34 4:46 7:35 4:46 7:36 4:46 7:37 4:47 7:38 4:47 7:39 4:47 7:40 4:47 7:41 4:48 7:42 4:48 7:43 4:48 7:44 4:48 7:45 4:49 7:46 4:49 7:47 4:49 7:48 4:50 7:49 4:50 7:50 4:50 7:51 4:50 7:52 4:51 7:53 4:51 7:54
Isha 7:49 7:50 7:51 8:52 8:53 8:54 8:55 8:56 8:58 8:59 9:00 9:01 9:02 9:03 9:05 9:06 9:07 9:08 9:10 9:11 9:12 9:14 9:15 9:16 9:18 9:19 9:20 9:22 9:23 9:24 9:26
Obama’s Gimme Debora McNichol - CT, USA Congratulations to Barak Obama for being awarded the Nobel Peace Prize. American opinions on the award, like so many others regarding the president, diverge. Liberals are thrilled, and the award, in their opinion, could not be more deserved. Conservatives, on the other hand, are quite resentful. (One Fox News anchor was appalled that another man who was “saving real lives” in Africa didn’t win. Come on. Like she cares anything about Africa.) While conservative scorn is unwarranted, the point is valid. Why does a president with such a tiny CV deserve this prestigious award when the country and the world are in so much turmoil? Especially when the Nobel nomination deadline occurred eleven days after the inauguration? Isn’t a person supposed to do something before he wins that prize? The answer to America is that he was not being judged on health care or “don’t ask, don’t tell.” The Nobel Committee simply wanted to support President Obama’s very lofty goals and “his extraordinary efforts to strengthen international diplomacy and cooperation between peoples.” Fair enough. There are worse things than good intentions, and perhaps this is just the humble pill President Obama needs to regroup after recent disappointments and forge on, insha Allah.
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Prayer Schedule October 2009 Perth, Western Australia
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Day Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
Fajr Sunrise 4:32 5:54 4:31 5:53 4:29 5:52 4:28 5:50 4:26 5:49 4:25 5:48 4:24 5:47 4:22 5:45 4:21 5:44 4:19 5:43 4:18 5:42 4:17 5:40 4:15 5:39 4:14 5:38 4:12 5:37 4:11 5:36 4:10 5:35 4:08 5:33 4:07 5:32 4:06 5:31 4:04 5:30 4:03 5:29 4:02 5:28 4:00 5:27 3:59 5:26 3:58 5:25 3:56 5:24 3:55 5:23 3:54 5:22 3:53 5:21 3:52 5:20
Dhuhr 12:07 12:07 12:06 12:06 12:06 12:05 12:05 12:05 12:04 12:04 12:04 12:04 12:03 12:03 12:03 12:03 12:03 12:02 12:02 12:02 12:02 12:02 12:02 12:01 12:01 12:01 12:01 12:01 12:01 12:01 12:01
Asr Maghrib 3:38 6:19 3:38 6:20 3:38 6:20 3:38 6:21 3:38 6:22 3:38 6:22 3:39 6:23 3:39 6:24 3:39 6:24 3:39 6:25 3:39 6:26 3:39 6:27 3:39 6:27 3:39 6:28 3:39 6:29 3:39 6:29 3:39 6:30 3:39 6:31 3:39 6:32 3:39 6:32 3:39 6:33 3:39 6:34 3:39 6:35 3:40 6:36 3:40 6:36 3:40 6:37 3:40 6:38 3:40 6:39 3:40 6:40 3:40 6:40 3:40 6:41
Isha 7:37 7:38 7:38 7:39 7:40 7:41 7:42 7:42 7:43 7:44 7:45 7:46 7:47 7:48 7:49 7:49 7:50 7:51 7:52 7:53 7:54 7:55 7:56 7:57 7:58 7:59 8:00 8:01 8:02 8:04 8:05
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Speaking at the iftar, Police Chief Commissioner Simon Overland commended the celebration of faith, difference and the unity shown that evening under the same roof. He expressed his respect to the different groups in attendance and encouraged further similar events to take place. Succeeding Mr Overland in the speeches was Br. Ramzi El Sayid, President of the Islamic Council of Victoria (ICV) who emphasized the Chief Commissioner’s message by referring to the famous story of Prophet Muhammad (PBUH) and the Black stone in Makkah. In this story, the Prophet (PBUH) saved the city of Makkah from a great conflict by uniting all the different tribes and showing them how to collaborate together to solve the problems that may arise in a society. In this case, the tribes disagreed about who should put the black rock back in its place in the Ka’bah. *Fatima Dennaoui is a contributor to the Crescent Times and a law student at Victoria University
Prayer Schedule October 2009 Adelaide, South Australia
Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Day Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
Fajr Sunrise Dhuhr Asr Maghrib 4:27 5:52 12:06 3:38 6:19 4:25 5:51 12:06 3:38 6:20 4:24 5:49 12:05 3:38 6:21 5:22 6:48 1:05 4:38 7:21 5:21 6:47 1:05 4:38 7:22 5:19 6:45 1:04 4:39 7:23 5:17 6:44 1:04 4:39 7:24 5:17 6:44 1:04 4:39 7:24 5:14 6:41 1:03 4:39 7:25 5:13 6:40 1:03 4:39 7:26 5:11 6:38 1:03 4:39 7:27 5:10 6:37 1:03 4:40 7:28 5:08 6:36 1:02 4:40 7:29 5:07 6:34 1:02 4:40 7:30 5:05 6:33 1:02 4:40 7:30 5:04 6:32 1:02 4:40 7:31 5:02 6:31 1:02 4:41 7:32 5:01 6:29 1:01 4:41 7:33 4:59 6:28 1:01 4:41 7:34 4:58 6:27 1:01 4:41 7:35 4:56 6:26 1:01 4:41 7:36 4:55 6:24 1:01 4:41 7:36 4:53 6:23 1:00 4:42 7:37 4:52 6:22 1:00 4:42 7:38 4:50 6:21 1:00 4:42 7:39 4:49 6:20 1:00 4:42 7:40 4:47 6:19 1:00 4:42 7:41 4:46 6:18 1:00 4:42 7:42 4:44 6:16 1:00 4:43 7:43 4:44 6:16 1:00 4:43 7:43 4:42 6:14 1:00 4:43 7:45
Isha 7:40 7:41 7:42 8:43 8:43 8:44 8:45 8:45 8:47 8:48 8:49 8:50 8:51 8:52 8:53 8:55 8:56 8:57 8:58 8:59 9:00 9:01 9:02 9:04 9:05 9:06 9:07 9:08 9:10 9:10 9:12
VIC: For the Youth by the Youth VIC:Rashid Alshakshir: Youth Victoria has stepped up its activities since the launch of their ‘for the youth by the youth’ campaign at the begging of this year. Since 2003, the committee of five has been swimming against the tide, refusing to rise, fail, and then perish. And now it all pays off. Operating from the Virgin Mary Mosque in Werribee, they’ve held an activity every five weeks including a blood drive at the time of the Victorian bush fires, horse riding trip, soccer and basketball competitions with players from the Western and Eastern suburbs and a Ramadan youth Iftar. It seems they’re not the only Muslim youth finally stepping up and taking lead. In the past two months RMIT Islamic Society has also organised horse riding and paintball trips. The
great thing about these youth is that they do all this without the politics that pollutes lots of other organisations. Youth Victoria attends RMITIS activities and vice versa. I was fortunate enough to ride the horses and shoot the paintballs. Horse Riding-Youth Victoria At 9 in the morning we stood on a hill top in the green fields of Upper Plenty. The brothers fancying red noses had trouble finding the right size helmets, but eventually, we sat on the back of our horses and were lead into the mountain across the street, which was affected at the time of the Victorian bush fires. After an hour and a half of riding, we rested in a cottage at the hilltop, a great relief for the horses who were doing all the work, and a peaceful place for us to snack and pray. At the end of the ride, it was extremely windy and cold, but hunger couldn’t wait, so we gathered fire wood, and barbecued some sausages. On the way back home, exhaustion took its toll and all aboard the
bus fell silent. Paintball-RMITIS At 8:30 in the morning, brothers started to gather outside the state library. More than sixty brothers all ready to use their paintballs on each other. The hour long bus ride was spent forming teams, recruiting the best, and then threatening others with defeat. When we arrived at Ballan, it was raining heavily, edging the battle-like experience a step closer to reality. Before getting into uniform, I changed teams and was cheered by one side, while the other booed, laughed and shouted out “traitor”, and so I was. After hours of rolling in the mud and receiving a few colourful gunshot wounds to the head, we prayed, had lunch, then rode back home. It was great meeting more than 40 new brothers and enjoying the company of friends. When I went home, I counted my wounds, and then tried to mend them. But no, it didn’t hurt! Youth Victoria is currently organising an end of year youth camp in cooperation with RMIT, La Trobe and Monash Islamic Societies. For updates and future activities join the ‘Youth Victoria’ Facebook page or email youthvictoria@yahoo.com.au
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Crescent Times, 12th issue, October 2009
came from the Canadian Council of Muslim Women (CCMW). The CCMW believed that “the use of religious laws through private arbitration to settle family matters, under the Arbitration Act, violated the hard won equality guaranteed under the Canadian Charter of Rights and Freedoms, and created a two tiered, fractured justice system.” Some of the recommendations included the completion of a statement of principles of faith-based arbitration that each party would agree to before commencing arbitration. A series of public education initiatives was also recommended. Arbitrators would need to be professionally trained, evaluated and subject to monitoring. Decisions would need to be in writing and binding on the parties. The Boyd Report made it clear that mediation and arbitration must comply with the laws of Canada. It is submitted by the authors that McGuinty’s rejection of faith-based arbitration was a politically motivated decision. The Arbitration Act and several related pieces of legislation have since been amended. There has also been a possibly unintended backlash for the Christian and Jewish faiths.
for divorce may be required. The rise of Islamic fundamentalist activities post the 11 September 2001 terrorist attacks on the United States has had the unfortunate effect of creating bitter criticism and resistance to the Islamic religion in general. The lack of knowledge and reinforced misunderstandings of Islam have created in the general Australian population a fear or cautiousness towards the religion. In March 2003 the Acting Race Discrimination Commissioner of the Human Rights and Equal Opportunity Commission launched the Isma project in response to the increasing concerns of Arab and Muslim organisations about the rise of anti-Arab and antiMuslim prejudice in Australia. Increased interaction and public dissemination of the true meaning and practice of Islam is necessary to improve acceptance of the religion and, by default, its legal system, Shariah. One only has to look at the difficulties being encountered with the consideration of customary Aboriginal laws at the sentencing stage of criminal proceedings to appreciate the difficulties that would arise if the criminal aspects of Shariah were to be considered as applying in a Shariah court in Australia.
As indicated earlier, Shariah impacts on the whole of a Muslim’s life. It includes areas which are not the subject of control by the law in the Australian environment. Interpretation of the Qur’an itself can vary from person to person and generation to generation. Traditionalist Muslims believe in interpreting the Qur’an as at the time when the Prophet Mohammad was still alive. Contemporary Muslims believe in an interpretation in accordance with current social mores. In between the traditionalist and the contemporary interpretations there are various other interpretations such as those of the modernists, Islamists, orthodox moderates and secular-radicalists to name a few. Shariah as practiced in the KSA and the version that is practiced in the Republic of Indonesia are noticeably separate and distinct. Any selective application of Shariah law in a Shariah court in Australia would be viewed by the traditionalists as a departure from the Divine Injunctions contained in the Qur’an and the Sunnah of the Prophet. The interpretation of Shariah will vary according to whether a commentator is Sunni or Shi’a, if Sunni then which madh’hab, are the gates of ijtihad open or closed, is the commentator male or female to particularise but a few factors likely to influence any pronouncement. Even limited application of Shariah in a Shariah court in Australia is likely to trigger controversy between Muslims and non-Muslims. There will even be dispute and disagreement among Muslims. It is likely that some Muslim would be certain to disagree with the implementation of a Shariah court in Australia. One only has to look at the Canadian example where one of the most vociferous objectors to the introduction of the limited form of a Shariah court was the CCMW. While outside the scope of this paper, it should be noted that the criminal law and punishment elements of Shariah would not be consistent with the existing criminal law regime of Australia nor would they be acceptable to the majority of non-Muslim Australians and indeed some Muslim Australians. The existing criminal laws of Australia are contained in Federal, State and Territory statutes. Statutes which deal with sentencing principles and the statutes containing the individual crimes which specify the maximum punishments would be inconsistent with the criminal law of Shariah. The evidentiary rules of Shariah are also inconsistent with the Uniform Evidence Acts and the various State and Territory Evidence Acts. If a Shariah court was introduced which only had jurisdiction over marriage and divorce according to Islamic values there would be potential for disagreement among Muslims, resistance by agnostics and aetheistics and potentially a drive by other religions to have their religious laws also recognised by the state. Some religions already have a certain degree of legal “religious” certainty in Australia. Whilst there exist annulments of marriage under Roman Catholicism and various courts of Rabbinic Judaeism, decisions emanating from either of these two religions are subject to the secular laws of Australia. Using the example of marriage, the grounds for annulment under Ecclesiastical law are not coextensive with nullity of marriage under the Family Law Act read with the Marriage Act so that annulment of a marriage according to religious law may not be a nullity under secular law in which case an application
The only element of Shariah which the authors believe is potentially feasible in a Shariah court would be dispute resolution based upon the concepts of mediation and conciliation. Such disputes could be related to marriage, divorce, child care, inheritance and endowments, neighbours, financial transactions and commercial dealings. Participation would be voluntary and non-binding on the parties. A difficulty would arise as to applicability, as well as a universal acceptance by the Australian Muslim population. Would it be a requirement for both or all parties to be practising Muslims before they could participate in Shariah-based dispute resolution? It is submitted that Shariah dispute resolution would extend to non-Muslim parties provided that there is careful explanation to, and acceptance by, the nonMuslim of the relevant areas of Shariah which apply to the dispute. In a world where marital relationships and financial transactions are made across religious, ethnic and national boundaries there is a greater need of mutual tolerance and acceptance of other religions, ethnicities and racial differences. What would be the qualifications of the independent third party facilitating the dispute resolution? The mediator or conciliator would need to be a Muslim learned in the application of Shariah and acceptable to the parties in conflict. The problem with labeling the institution as a “Shariah court” is the associated implication that its decisions have the force of law. The diversity of what constitutes law, secular or Shariah, does not assist with the nomenclature of the institution as a “court”. Where there is no agreement then the dispute would be, as it currently is, subject to final arbitration or judgment in the secular courts at the State, Territory and Commonwealth levels. At the current time, may be the only feasible form, that is acceptable to all Australians, would be Shariah dispute resolution with resort to secular law if agreement could not be reached. As noted at the start of the article, the purpose of this piece is to stimulate debate. * Simon W. Lee is a Barrister and Solicitor in the Northern Territory. Simon served as an Army Legal Officer between 2002 and 2004, having previously served as an officer cadet with the Melbourne University Regiment. Prior to joining the Australian Army, Simon worked as an upstream oil and gas analyst in Tokyo for the Mitsubishi Corporation, as a Japanese Government Trader for Nomura International in London, and as a prosecutor with the Northern Territory Directorate of Public Prosecutions. He is fluent in French, Russian and Japanese. Simon is Chair of the Australian Red Cross International Humanitarian Law (NT) Committee. ** Hyder Gulam is a registered nurse, a qualified lawyer, an accredited mediator as well as a Fellow of the Royal College of Nursing in Australia. He has post graduate qualifications in business/management, law and nursing. He has served as an officer with the Royal Australian Air Force, both in Australia and overseas. Prior to accepting a role with Logie-Smith Lanyon Lawyers, Hyder worked in Riyadh, Saudi Arabia for one of the world’s biggest law firms. Hyder is an Executive of the Islamic Council of Victoria, Board Member of the Australian Red Cross (International Humanitarian Law)(Vic), the Royal College of Nursing Australia (Vic), as well as co-founder of the Muslim Legal Network and the City Circle
Continued from page 13
A ‘Shariah court’ in Australia
Selective application of Shariah?
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Azhar Imam Orders Niqab off, Wants Ban CAIRO – The head of Al-Azhar, the highest seat of learning in the Sunni world, has ordered a school girl to remove her niqab during a visit to an Al-Azhar school, saying he would seek an official ban for the face veil in schools, Al-Masri Al-Youm newspaper reported on Monday, October 5. “Why are you wearing the niqab while sitting in the class with your female colleagues?” Al-Azhar Grand Imam Sheikh Mohamed Sayyed Tantawi asked the 8th grader. The young girl was shocked with the question coming from the country’s top scholar. A teacher intervened to explain. “She takes off her niqab inside the class, but she only put it on when you and your entourage came in.” But Sheikh Tantawi was not satisfied and insisted that the young girl removed the face cover. “The niqab is a tradition and has nothing to do with Islam,” he said. After the girl complied he insisted she should not wear it any more. “I tell you again that the niqab has nothing to do with Islam and it is only a mere custom. I understand the religion better than you and your parents.” Most Muslim women in Egypt wear the hijab, which is an obligatory code of dress in Islam, but an increase in women putting on the niqab has apparently alarmed the government. The ministry of religious endowments has recently distributed booklets in mosques against the practice. The majority of Muslim scholars believe that a
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Page 19
Letters to WA health minister regarding Halal food in hospitals: Perth, WA, Crescent Times After the article about the status of halal food in Perth public hospitals, published in the last issue of Crescent Times a number of community leaders responded regarding the matter. Haji Madralei Bin Bohin, Acting president of the Islamic Council of WA, ICWA, and Ramdas Sankaran the President of the Ethnic Community Council of WA, ECCWA, both sent letters to the Honourable Dr. Kim Hames MBBS JP MLA, Deputy Premier, Minister for Health, Indigenous Affairs, demanding to improve the diet for Muslim patients in WA hospitals. ICWA revealed that an agreement with health ministry in WA to provide halal food for Muslim patients took place “Way back in the mid-1980’s”. The ICWA letter added: “we concluded an agreement with then Minister of Health Honourable Ian Taylor MP and the Health Department to serve strictly Halal meals to Muslim patients in Western Australian Hospitals. This agreement was later reconfirmed in 1988 the by the secretary of the ISLAMIC COUNCIL OF W.A., just to ensure that it was strictly being complied with. The letter continued: imagine our total embarrassment when we find the headlines splashed across the front page of “The Crescent Times” an Australia–wide Muslim Newspaper declaring, “THE CHAOS OF HALAL FOOD IN OUR HOSPITALS – A WAKE UP CALL”. “ICWA requests and emphasis that the food be certified Halal by the Islamic Council of WA (ICWA) on whatever basis is agreed upon. Only foods specifically certified by
suppliers who are, in turn certified by ICWA, should be served. We can no longer accept certification by those commercial bodies that do certification for profit.” From its side, the ECCWA letter, stressed that “As you know, from your own medical background, good nutrition and peace of mind play an important part in the healing process. It is important that Muslim patients have access to food that meets their dietary requirements. Given this fact can you ensure that hospital staff, particularly those involved in catering, understand what halal food is and are able to provide an informed, and consistent, response to questions from patients about food options? Can you also encourage hospital authorities to allow the ICWA access to kitchens to ensure that food certified as halal meets their standards? Since Muslims, like Jews, attach great importance to this matter it would also be a positive step if you were to meet with Islamic leaders to discuss this matter”. ECCWA added that “Knowing that the government and service providers are responsive to their needs would increase the likelihood of Muslims integrating into Australian society and would, therefore reduce the danger of the Islamic community becoming an alienated and disadvantaged minority as they have in some European countries”. Crescent Times has not yet received any response from the health department but appreciates the moves by both the Islamic council of WA, and the Ethnic Community Council of WA to resolve this issue for the Muslim community.
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Sarrah Alshakshir is a year 11 student. The Islamic School Sarrah attended for the past 10 years expelled her a couple of weeks ago because she unintentionally stood up to a bully. Sarrah feels the school’s decision to expel her is unjust. She shares those feelings through this poem (rap). Sarrah had intended to compete in Surah Al-Baqarah and other Ajza’a (chapters) as part of the school’s Quran competition.
SIMPLY UNJUST
Something that’s missing Need want in my life Justice I want Not any of their lies Hurts my heart When I see it with my eyes People unjust Face to face, it’s like a knife A knife in my back But I cannot attack They’re tryna cover up Cause they know they have lacked You teach me to talk The truth all the time That is right But you walk another line No yard duty teachers around at that time Have you forgot, I stood up to a bully Risked my life and I get punished cruelly I am human And so are you You made mistakes You can fix them too They placed my bad past What’s my bad past? Talkative? Hyper? Doing everything so fast? They wiped my present good
M And said I’m a danger to their students and their school
That’s really cruel When I stand up for something anyone should do So their final decision The unjust one For me to be expelled Negotiations not be done All I’m asking is for that right of mine Living in a life I can’t define Hands up to my lord… He’s the justifying… He’s the justifying… He’s the justifying…
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