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The Forum > Article Comments > Australian Muslims have no need for a mufti > Comments

Australian Muslims have no need for a mufti : Comments

By Hossein Esmaeli, published 27/6/2007

The office of mufti in Australia is not necessary and should, under no circumstances, be officially recognised in Australia.

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Here is a quick refresher note on Authority and Christianity

Jesus words in the last chapter of Matthew's Gospel:

18Then Jesus came to them and said, "All authority in heaven and on earth has been given to me. 19Therefore go and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, 20and teaching them to obey everything I have commanded you. And surely I am with you always, to the very end of the age."

Questions:

Which part of "All Authority" don't you get?

How can Jesus be with His disciples (us) up till now and always to the end of the age?

So when we speak - we speak with Authority, God's authority in Jesus through the Holy Spirit living in us.

Also note that Father, Son, and Holy Spirit are three but share one singular name, therefore "One" Triune God.

But then again you will tell us that Boaz or I must have changed the Words of God to frustrate Mohammad's theory of Islam.
Posted by coach, Monday, 2 July 2007 3:27:08 PM
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Part 1

Hossein Esmaeili
You might be a lecturer in law at a university but in my view you are overlooking certain constitutional issues.
Firstly, unlike the Mufti dealing with legal issues, the Commonwealth of Australia does not appear to have any constitutional council that advises the Government, the People, the Parliament and the Courts as to CONSTITUTIONAL powers/limitations.

My blog http://au.360.yahoo.com/profile-ijpxwMQ4dbXm0BMADq1lv8AYHknTV_QH and my website http://www.schorel-hlavka.com might be interesting reading and you might just discover that despite being a lecturer in law you could learn a lot.

For example, religious funding is not permitted and hence “religious education” cannot be provided at cost of the Commonwealth of Australia.

Last Friday, I was attending at a bank when a staff member and myself ended up in over an hour conversation about religion, etc. I made clear I was born with Jewish blood, baptised Lutheren but do not practice religion because of sick and tired of religious fighting. In the end this staff member (female) made known that I was living a life as a true Muslim.
Moment, I had told her I had never read the Koran, I opposed violence, etc.

And, this is perhaps what it is about. Nothing to do with violence, etc, despite this may be found in the Koran, the Bible, etc, as the real message is that people can have their faith and should take the good from it.

Hilali was in my view misunderstood, because had he stated the same without being a Muslim no one may have taken notice of him. Hence, it is overdone.

The Commonwealth of Australia is a secular “political union” where every person can pursue their own customs, traditions, etc, regardless if they are religious based or not provided it is and remains within legal provisions.

What the problem in the Commonwealth of Australia is that people are Muslim-phobic and this cause microscopic analysis of everything unduly.
Lets give religion a rest and accept all people as human beings
Posted by Mr Gerrit H Schorel-Hlavka, Tuesday, 3 July 2007 1:58:49 AM
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Part 2
So what if they are Muslims, Christians, Jews, Buhdist, atheist, or whatever they are all entitled to live their own religion/non-religion/customs or whatever as long as it remains within legal provisions.

If any one does act in breach of law then the relevant authorities are there to deal with them in the appropriate manner.
Don’t stir the pot! Did anyone check out the religion of the Melbourne killer,, I doubt it. However, if he had been a Muslim it would have been plastered all over the newspapers and we would not have heard the end of it.

What ever the function of a Mufti might be in, say Iran, as to guide the government into ensuring legislation is deemed constitutionally appropriate, a Mufti in the Commonwealth of Australia is constitutionally prevented having such a power/influence. As such if you want to big note yourself about being a lecturer in law, then why not state matters clearly how it is and not dwell on misconceptions!

On 19-July-2006 I defeated, after a 5-year legal battle the Federal Government lawyers on all constitutional issues!

In my view the fact that you refer to the function of a Mufti without explaining that it cannot apply in the Commonwealth-of-Australia as such indicates there is a considerable lack of proper presentation of your argument.
Indeed, if this is your modus operandi then I feel sorry for the students you teach!

I never read the Koran, neither need to do so as your set out is so much lacking proper consideration that I view it is a danger to have left unanswered by me.
For my part, a Mufti can operate as he likes provided it is within legislative provisions. That is it!

And, that is what the Framers of the Constitution debated also in regard of any religious practices that might be cruel, etc. They made clear that it was not for the Commonwealth-of-Australia but for the States themselves to deal with it if it was in breach of State laws, this, as the Commonwealth-of-Australia lacks legislative powers for this.
Posted by Mr Gerrit H Schorel-Hlavka, Tuesday, 3 July 2007 2:01:24 AM
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Boaz,
See opinion by Tanveer Ahmed in todays Oz.

Coach,
If you respond to steel about FGM, he will try to hyjack the thread with his obsession with male circumcission. If it is so important to him, he should start his own thread under General,
Posted by Banjo, Tuesday, 3 July 2007 9:51:38 AM
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Mr Gerrit H Schorel-Hlavka,

Interesting comments - but I suggest you start reading the Qur'an instead of making stupid suggestions to others who may be more acquainted with the Political / Social totalitarian ideologies of Islam.

Banjo,

Thanks for the tip.
Posted by coach, Tuesday, 3 July 2007 10:08:29 AM
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Coach
QUOTE
Interesting comments - but I suggest you start reading the Qur'an instead of making stupid suggestions to others who may be more acquainted with the Political / Social totalitarian ideologies of Islam.
END QUOTE

EITHER YOU DIDN’T READ MY POSTINGS PROPERLY OR YOU LACK THE COMPETENCE TO COMPREHEND WHAT I SET OUT.

In certain religious countries a mufti may wield considerable powers but this is not applicable in a the secular-political-union called Commonwealth-of-Australia as the Constitution does not permit this.
Therefore, it has absolutely nothing to do with “political/social totalitarian ideologies of Islam” and neither do I need to understand that as it is simply an issue of what is constitutionally permissible.
Therefore, I do not need to read the Qur’an or whatever other religious-book under whatever name as it is not relevant as the Constitution is in the Commonwealth-of-Australia the supreme law. This, I also point out to Muslims, when they ask me if there is a clash between religion and statutory law!
Basically, statutory law (such as our Constitution) is a rule of society and religious laws are those of certain religions and cannot and do not override in secular societies statutory laws!

My issue was that here we had a “senior lecturer in law” referring to the position of a mufti without setting out that his position in a secular society is totally different then his position in an Islamic state.
By this, I view, he was stirring the pot, so to say, feeding the Muslim phobia without any proper consideration to present a well argued case.
There are Muslims who desire to have a mufti for their own religious reasons and I for one see no problem in them having the comfort of their mufti as much as a Catholic may have a Bishop/pope and Christians may have a Minister, a Budhist has a monk, etc, as long as they operate within societies legal provisions!
Hence, a mufti can only interpret religious laws within the framework of Australian law’s and as such no mufti can be considered as a danger in that regard.
Posted by Mr Gerrit H Schorel-Hlavka, Wednesday, 4 July 2007 12:15:04 PM
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