THE ABSENT OBLIGATION
Review Board Report

Australian Government
Classification Review Board
19, 20, 23 June and 3, 5 July 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.

BUSINESS: To review the Classification Board’s decision to classify the
publication The Absent Obligation: And Expel the Jews and
Christians from the Arabian Peninsula ‘Unrestricted’.

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a 5-2 majority decision
classified the publication The Absent Obligation: And Expel the Jews and Christians
from the Arabian Peninsula ‘Unrestricted’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of publications and the review of classification decisions.
Section 9 of the Act provides that publications are to be classified in accordance with
the National Classification Code (the Code) and the classification guidelines.
Section 11 of the Classification Act requires that the matters to be taken into account
in making a decision on classification include:
(a) the standards of morality, decency and propriety generally accepted by reasonable
adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film; and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is intended
or likely to be published.
Three essential principles underlie the 2005 Guidelines for the Classification of
Publications (the Publication Guidelines), determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. The six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 June 2006 in response an application dated 5 June
2006 from the Attorney General, the Hon Philip Ruddock MP (the Applicant).
The original application for classification of the publication was lodged by the
Australian Federal Police on 15 December 2005 (application reference L05/1457).
The Classification Board classified the publication as ‘Unrestricted’ on 23 December
2005.

At its meeting on 19 June 2006 seven members of the Review Board received oral
and written submissions from Mr Drew Kovacs representing the New South Wales
Council for Civil Liberties, and then adjourned to consider the substance of the
application ‘in camera’. The Review Board continued to deliberate ‘in camera’ on 20
and 23 June 2006 and on 3 July 2006. At its meeting on 3 July 2006 the Review
Board determined it was not able to reach a decision without obtaining a translation of
the Arabic Publishers Note on page 7 of the publication and adjourned until such a
translation could be obtained.

The Review Board reconvened on 5 July 2006 for a final time and, after careful
consideration of all of the relevant issues, determined in a majority decision that the
publication be classified ‘Unrestricted’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The Publication The Absent Obligation: And Expel the Jews and
Christians from the Arabian Peninsula (L05/1457);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) Translation of the Arabic Publishers Note on page 7;
(vii) The Classification Board’s report; and
(viii) The 2005 Guidelines for the Classification of Publications.

5. Synopsis
The Absent Obligation: And Expel the Jews and Christians from the Arabian
Peninsula is a book of 110 pages that examines the Islamic concept of Jihad and
establishing the Law of Allah upon the earth - specifically the Arabian peninsula. The
author is an Egyptian Islamist Muhammad Abdus Salam Faraj.

6. Findings on material questions of fact
The Review Board found that the publication contains aspects or scenes of
importance, under various classifiable elements:

Classifiable elements
There are no descriptions or depictions of sex, drug use, nudity or coarse language in
the publication. The descriptions of violence in the book are fleeting and mild.
The underlying themes of the publication would undoubtedly be rejected by most
Australians and would be considered extreme. However, their impact in the
publication is not high, largely due to the turgid academic style of the publication and
the lack of real detail. The treatment of themes is not offensive as that term is defined
in the Guidelines, although it may be offensive to some people given the ordinary use
of the word.

Promotion, incitement or instruction in matters of crime or violence
The publisher’s note states that this is a “truly revolutionary work”, that it has been
published numerous times in Arabic and that this is the first time that it has been
produced in English.

This edition of the book was published in 2000. It contains a prayer for “our family
struggling throughout the globe and in particular those in Chechnya and Palestine.”
Other than this, there are no contemporary references.
The fundamental thesis of the publication is that it is obligatory upon every Muslim to
fight in order to re-establish the Islamic State. The book provides various Koranic
quotes and quotes of prophets and Islamic scholars that purport to support this
obligation.

The book is stated to “illustrate...how the obligation of fighting in the cause of Allah
is truly absent and forgotten - except by a few Lions and swords of Allah. Bring back
the desire for Jihad and establishing the Law of Allah upon the earth will surely be a
revolutionary step for the Muslims of today.”

The book notes that many rulers of formerly Islamic lands have "apostatised from
Islam. They have been brought up over colonial tables be they Christian, Communist
or Zionist". The book quotes from scholars and the Koran to support the notion that
fighting such leaders is obligatory until "the religion is for Allah (alone)".
The book notes that other Islamic obligations - such as obedience to Allah, pursuing
education and intensive worship - are secondary to the obligation of Jihad.
The publication notes that the most important task is to establish the laws of Allah "in
our own land" rather than "destroying the imperialists" which is "not a useful action
and is a waste of time".

The book emphasises the importance of rebellion against non-Islamic leaders in
Islamic lands "it is obligatory upon the Muslims to raise their swords against the
rulers who are hiding the truth and are manifesting falsehood, otherwise the truth will
never reach the hearts of the people." The book notes the benefits in the afterlife that
"martyrs" in the cause of Allah allegedly receive.

The book notes that "it is permissible for a Muslim to plunge himself into the thick of
the disbelieving enemy if there is benefit in it for the Muslims...even if that leaves to
his killing and before he sees the benefit of his plans with his own eyes".
The book appears to suggest in one part that the killing of the children of the pagans is
permissible, but in a subsequent paragraph suggests that women, children and
prisoners should not be killed.

The book contains an Appendix entitled “Martyrdom Operations”. This states that the
proper term for “suicide operations” is “martyrdom operations” and “there is a vast
difference between the one who ends his life due to his inability to bear the difficulties
of life...and the one who offers his life for the cause of Allah and to bring benefit and
protection to the Muslims.”

Without explicitly stating that suicide/martyrdom operations are justified or
permissible, the book contains a list of incidents from the Koran and the tales of
various scholars in which Muslims have engaged in attacks against the enemy which
have caused their own death.

The publication is hostile towards “disbelievers” and, in particular, towards the
leaders of formerly Muslim countries who do not themselves observe Islam. The book
states that it is incumbent on Muslims to fight such leaders. The book also implies that
suicide/martyrdom operations are permissible.

7. Reasons for the decision
The Review Board considered that most Australians would find the attitudes and
sentiments expressed in the publication to be contemptible and extreme. Having said
that, the Review Board is required to take a conservative approach to the
interpretation of the Code.
The Review Board noted that the book was written in a descriptive, matter of fact
manner, rather than as an emotive or an impassioned plea, or an attempt to persuade
Muslims to engage in any particular act of Jihad.

There was no detail of any particular types of violence or crime that should be
committed, nor any particular reference to any modern theatres of Jihad (other than a
brief reference to the Mujahideen in “Palestine” and Chechnya) but no detail about
the operations engaged in there, nor any demand that Muslims should assist in those
particular theatres.

The majority of the Review Board concluded that the publication did not contain any
tangible instruction, in the sense required, in matters of crime or violence.
In relation to “promotion” or “incitement”, the Review Board noted that it is obliged
to consider “the objective purpose of the publication”, and that the publication must
have the intention of “encouraging a disposition” towards crime in someone who
otherwise does not have one or “magnify a pre-existing disposition” (Chief Executive
Officer of Customs v Carman [2004] QDC 433).

The majority of the Review Board found that the publication’s objective purpose was
to provide broad support for the broad notion of fighting against “disbelievers” but, in
the absence of anything specific, there were no “matters of crime or violence” that
were being incited or promoted.

In the majority view the book stopped short of advocating any particular crime or
violence. The majority of the Review Board formed the view that such a generalised
call to fight in the name of Allah, without details of where, by what means and at
what time could not comprise the promotion or incitement in matters of crime or
violence as that term has been interpreted by the Courts (see Carman and Brown v
Classification Review Board).

Minority reasons
The guidelines for the classification of publications (2005) provide:
1. That publications will be refused classification (RC) if they contain “detailed
instruction in:
(i) matters of crime or violence”

2. That one of the criteria for classifying a publication RC is that it: “promote,
incite or instruct in matters of crime or violence.”

3. That in both Category 1- Restricted and Category 2- Restricted: Publications
which promote, incite or instruct in violence are not permitted.
“Promote” means “to further the growth, development, progress etc, of; encourage”
according to the Macquarie Dictionary (on-line edition).
“Incite” is described as: “to urge on; stimulate or prompt to action”
“Violence” means: “any unjust or unwarranted exertion of force or power, as against
rights, laws, etc; injury; wrong; outrage.”

The Publisher’s Note states that the “work was originally published in Arabic and has
been subsequently re-published on a number of occasions”. The 2000 edition is the
first English-language version. The note states

“when a book such as this is made available to readers in the English
language, neglecting it becomes a great disservice to the Islamic obligation”.
Further it states

“It also causes great injury to oneself, in the form of humiliation in this in (sic)
life, by not practicing what has been clarified and confirmed from the texts,
thus being subjugated by the enemies of Allaah”.

At page 7 the note describes the book as “this truly revolutionary work”. It states that
it “is revolutionary not just because of the topic at hand but also by the nature of the
title which illustrates so clearly how the obligation of fighting in the cause of Allaah
is truly absent and forgotten – except by a few Lions and Swords of Allaah, Bringing
back the desire for Jihaad and establishing the Law of Allaah upon the earth will
surely be a revolutionary step for the Muslims of today.”

It states further “It is therefore imperative, and ordained for us to follow all of those
duties and obligations of Islaam and not to pick and choose those parts of the religion,
which happen to be in accordance with our weak desires.” In the same ‘Publishers
Note’ (page 10) it says: “And at what time on earth was Jihaad more needed that it is
now, when the enemies of Islaam have surrounded our lands like wolves, taking from
there what they wish.”

On page 12 the publishers add a note about the author, stating that he was executed by
hanging in central Cairo and that he was a “household name” in the Islamic
movement along with Umar Abdur Rahman who is “serving a life term prison
sentence in the USA as a result of a conspiracy between the United States and
Egyptian governments.”

Throughout the book, references lead to the conclusion that, while there is no detailed
instruction in violence or crime, there is promotion of violence and crime and
incitement to violence and crime. The language used in describing the obligation of
Muslims to fight is frequently inflammatory. There are several passages, when taken
in context, which urge fighting for Islam. These passages, some of which are listed
below, reflect the tenor of the publication.

The underlying obligation on Muslims is claimed to be “establishing the Islamic
State” “…If the state can only be established by fighting, then it is compulsory on us
to fight” (page 20).

On page 23 it states
“It is the obligation of Muslims to oppose such a ruler [one who rules by law
taking precedence over the book of Allah and the Sunnah] by all necessary
means until he returns to the rule of Allaah and His Messenger, So that no
other than Him should rule, neither in a minor or major way.’’

The publication argues that: “The present rulers have apostatized from Islaam. They
have been brought up over colonial tables be they Christian, Communist or Zionist,
What they carry of Islaam is nothing but names, even if they pray, fast and claim to be
Muslims” (page 24)

Then the conclusion is: “if part of the religion is for Allaah and another is for other
than Him, fighting is obligatory until the religion is for Allaah (alone)” (page 25).
Further references to this obligation also appear at pages 32, 33 and 44.

On page 38 it states: “Whoever really desires to be engrossed in the highest degree of
obedience and be on the peak of worship, then let him make Jihaad in the cause of
Allaah.”

In a section headed “Reply to those who say that Jihaad in Islaam is for defence only”
the following appears:

“Concerning this, it is worth giving a reply to the one who has said that Jihaad
in Islaam is for defence and the sword did not spread Islaam. This is a false
saying that has been repeatedly uttered by a lot of those who are known in the
Islamic da’wah [preaching, inviting, propagating, calling (to Islam, Jihad etc)].
But the truth is in the answer given by the Messenger [the Prophet
Mohammad] when he was asked:

‘Which Jihaad is in the cause of Allaah?’ He said: ‘He who has fought
to raise the word of Allaah supreme is in the cause of Allaah.’
So fighting in Islaam is to raise Allaah’s word highest either offensively or
defensively. Also Islaam was spread by the sword, but only against the leaders
of kufr (sic) [disbeliever, infidel, non-Muslim, anyone who does not believe in
the creed of Islam], who veiled it from reaching the people, and after that no
one was forced to embrace it. It is obligatory upon the Muslims to raise their
swords against the rulers who are hiding the truth and manifesting falsehood,
otherwise the truth will never reach the hearts of the people” (page 49).
At page 58, reference is made (as it is in other parts of the publication) that “it is
clear; by the Quraanic text that fighting means (physical) opposition and killing”. See
also page 65: “It is obligatory upon the Muslim to prepare himself for Jihaad in the
cause of Allaah”.

Further on page 59 it states
“As for the Muslim lands, the enemy resides in their countries, In fact the
enemy is controlling every thing, The enemies are these rulers who have
snatched the leadership of the Muslims, Thence Jihaad against them is fardh
‘ayn. Besides the Islamic Jihaad is now in need of the effort of every Muslim.
And it should be borne in mind that when Jihaad is fardh ‘ayn (an individual
obligation), it is not required to seek permission from one’s parents for the to
(sic) march forth as scholars said: ‘it becomes like praying and fasting.’ ”
The book also outlines the punishments for those abandoning Jihaad including
humiliation, division amongst the Muslims, “painful torment” and being replaced by
Allaah by “another people”.

On page 69 it details that human shields, whether they be Muslim or not, is no excuse
for not taking up Jihad: “if the kuffaar (sic) army take Muslims prisoners as human
shields, and it is feared that harm will afflict the Muslims if they do not fight, then
they must fight even if it results in the killing of the Muslims (sic) prisoners”. Further,
the book states: “Such Muslims, if they are killed, will be martyrs but obligatory
Jihaad must not to be abandoned because of the one who will be killed as a shaheed
(martyr)”.

It is the view of the minority that by giving religious justification of martyrdom for
killing Muslims in the cause of Jihad, the publication glorifies Jihad and incites those
who may not otherwise take up “the fight” to do so.

One of the Arts of fighting in Islam” at page 73 refers to the words of the Prophet that
“war is deceit”. That is referred to in the context of fighting the present rulers of the
Muslims and also in dealing with the “kufaar” in war.
Appendix 1 (p 95) deals with “Martyrdom Operations”:

“This issue is of paramount importance in our times as we hear the term
“suicide operations” in occupied Palestine and Chechnya, carried out by the
Mujahadeen, In fact the correct term is martyrdom operation and the people of
knowledge both past and present have discussed the issue. Indeed there is a
vast difference between the one who ends his life due to his inability to bear
the difficulties of life and its various tribulations, and the one who offers his
life for the cause of Allaah and to bring benefit and protection to the
Muslims.”

The cumulative impact of these passages, taken with the tenor of the remainder of the
publication, lead the minority to conclude that the publication promotes and incites
violence and/or crime. There is no specific exhortation in the publication to undertake
a specific martyrdom operation or to undertake such an operation in a specific area.
However, the general tenor of the publication is to encourage and incite Muslims
“everywhere” to undertake Jihad, that is to fight for Islam, including physical
fighting, the over throwing of leaders of countries – particularly in the Arabian
peninsula – that are not committed to Shariah law and to undertake martyrdom
operations, even where such operations result in the deaths of Muslims.
Given that the publication was published for the first time in English in 2000, it
appears that the objective purpose of its publication and its sale in Australia is to
encourage and incite Muslims – who may not otherwise be so encouraged – to
undertake Jihad. Therefore, it is the minority view that the publication must be
refused classification.

8. Summary
In light of the impact of the classifiable elements and the way in which the Courts
have interpreted the term “promote, incite or instruct in matters of crime or violence”,
the Review Board decided in the majority that the publication should be classified
“Unrestricted”. The decision of the Review Board was reached by majority of 5 to 2.

It was the view of the minority that the publication should be refused classification

***

THE CRIMINAL WEST
Review Board Report

Australian Government
Classification Review Board
19 & 20 June 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.

BUSINESS: To review the Classification Board’s decision to classify the
publication The Criminal West ‘Unrestricted’.

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision
classified the publication The Criminal West ‘Unrestricted’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of publications and the review of classification decisions.
Section 9 of the Act provides that publications are to be classified in accordance with
the National Classification Code (the Code) and the classification guidelines.
Section 11 of the Classification Act requires that the matters to be taken into account
in making a decision on classification include:

(a) the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film;
and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.

Three essential principles underlie the 2005 Guidelines for the Classification of
Publications (the Publication Guidelines), determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. The six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 June 2006 in response an application dated 5 June
2006 from the Attorney General, the Hon Philip Ruddock MP (the Applicant).
The original application for classification of the publication was lodged by the
Australian Federal Police on 15 December 2005 (application reference L05/1460).
The Classification Board classified the publication as ‘Unrestricted’ on 22 December
2005.

Seven members of the Review Board read the publication and received both oral and
written submissions from Mr Drew Kovacs representing the New South Wales
Council for Civil Liberties. At its meeting on 19 June 2006 the Review Board found it
was not yet able to reach a determination and adjourned.

The Review Board reconvened on 20 June 2006 to consider the substance of the
application and, after careful consideration of all of the issues, determined that the
publication be classified ‘Unrestricted’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The Publication The Criminal West (L05/1460);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) The Classification Board’s report; and
(vii) The 2005 Guidelines for the Classification of Publications.

5. Synopsis
This self-published book of 217 pages is an account of the Muslim author’s
“experiences” of racial, religious discrimination and prejudice in Australia. It details
the “failings” of Western culture as it relates to the Islamic faith.
The author does not suggest taking action such as civil disobedience or acts of
violence. Rather, he explains how Muslims should adhere to their faith and culture in
the face of Western cultural influences.

6. Findings on material questions of fact
Classifiable elements
The book contains no depictions or descriptions of violence, coarse language, nudity,
sex or drug use.

The predominant themes in the book are the denigration of Australian society and the
superiority of Islam as a way of life. The themes are not handled with any subtlety.
The publication would have a mild impact although many Australians would disagree
with it and find the claims outlandish and absurd. Whilst badly written and containing
a number of “conspiracy theories” – many of which circulate on the internet – it is not
“offensive” and it would not cause “outrage or extreme disgust”, as outlined under the
Guidelines.

For example, the author laments “bills, bills, bills and more bills even after you die”
(page 9), a sentiment with which many may agree. However, his construction that the
need to pay bills for housing, schooling, travel etc as being discriminatory towards
Muslims rather than being a fact that most experience exemplifies his attitude to much
of his experience in Australia. Chapter titles such as “Arriving to Australia: Speak
English, or you will die” (page 11) exemplify the tenor of the publication.
The book calls for the practice of Islam as a universal code to stop the deterioration
and denigration of society.

Promotion, incitement or instruction in matters of crime or violence
The book did not in any way promote, condone or incite crime or violence. No crimes
or acts of violence or reprisal are discussed or suggested.

7. Reasons for the decision
This book is apparently self published. Parts of it are difficult to understand and the
author’s English is not easy to comprehend. The book comprises a 217-page “rant”
against Australian society, criticising all aspects including the police, schools,
autopsies, drugs, music (although referencing Pink Floyd’s The Wall with the chapter
“Government, leave the kids alone”

“they don’t need no discrimination, they don’t need no more controls
governments, leave the kids alone all they are is just another a kid going to fall’)
immigration policies, lax moral values along with a number of apparently outlandish
conspiracy theories involving the West.

Whilst others may have had similar unhappy immigration experiences they have
managed without resorting to hundreds of pages of turgid “prose”. The Review Board
considered that there would be a limited audience for the publication.
The Review Board noted the fundamental principle in the Code that “adults should be
able read, hear and see what they want”. The Review Board considers that the book
would not harm or disturb children – it would likely be incomprehensible and
meaningless to most children.

8. Summary
Whilst some may consider that badly written books containing unsubstantiated and
outlandish conspiracy theories should be banned for reasons of good taste, it is a
fundamental principle of the National Classification Code that adult Australians
should be able to read, hear and see what they want.
In light of this and the factors outlined above, the Review Board determined that the
book should be classified “Unrestricted”. The decision of the Review Board was
unanimous.

***

The Ideological Attack
REVIEW BOARD REPORT

Australian Government
Classification Review Board
19, 20, 23 June and 3 & 5 July 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.

BUSINESS: To review the Classification Board’s decision to classify the
publication The Ideological Attack ‘Unrestricted’.

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision
classified the publication The Ideological Attack ‘Unrestricted’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of publications and the review of classification decisions.
Section 9 of the Act provides that publications are to be classified in accordance with
the National Classification Code (the Code) and the classification guidelines.
Section 11 of the Classification Act requires that the matters to be taken into account
in making a decision on classification include:

(a) the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film;
and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.

Three essential principles underlie the 2005 Guidelines for the Classification of
Publications (the Publication Guidelines), determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. Six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 June 2006 in response an application dated 5 June
2006 from the Attorney General, the Hon Philip Ruddock MP (the Applicant).
The original application for classification of the publication was lodged by the
Australian Federal Police on 15 December 2005 (application reference L05/1456).
The Classification Board classified the publication as ‘Unrestricted’ on 22 December
2005.

Seven members of the Review Board read the publication and received both oral and
written submissions from Mr Drew Kovacs representing the New South Wales
Council for Civil Liberties.

The Review Board then deliberated ‘in camera’ on 20 and 23 June 2006 and again on
3 July 2006 before convening a final time on 5 July 2006 and determining that the
publication be classified ‘Unrestricted’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The Publication The Ideological Attack (L05/1456);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) The Classification Board’s report; and
(vii) The 2005 Guidelines for the Classification of Publications.

5. Synopsis
An historical text of 84 pages that examines perceived attacks on the Islamic faith by
various ideological forces. The publication is about threats to Islam and not from it.

6. Findings on material questions of fact
Classifiable elements
The Review Board found that there were no depictions or descriptions of sex, nudity,
drug use or coarse language in the book. There were no depictions of violence in the
book and the descriptions of violence were fleeting and of low impact. The treatment
of themes did not have a high impact and - although undoubtedly rejected by most
Australians - was not “offensive”, as that term is defined in the Guidelines.
This is a book which explains the author’s interpretation of the alleged “ideological
attack” by the West on Islamic values. The book contains extensive quotations from
the Koran and discusses how Muslims are subject to the serious and severe
ideological attacks by “Christian crusaders”, “Zionists” and “Communists and
atheists”.

The book largely deals with historical matters and the author’s interpretation of why
these groups are supposedly attacking Islam. The book notes that the means by which
the West engages in the “ideological attack” are as follows:

· infusing Muslims with Western values and concepts;
· enabling Muslims to migrate to their country and then return to their Islamic
countries infused with Western values;
· the promotion of Western languages;
· the development of Western universities and schools in Muslim countries;
· the large number of Jews and Christians who have studied Islam and who
therefore create an ideological turmoil among educated Muslims.

Although most Australians would reject the contents of the publication, the Review
Board is required to be conservative in its interpretation of the Code and Guidelines.

Promotion, incitement or instruction in matters of crime or violence
The rhetoric in the book is undeniably hostile and often aggressive. However, it does
not call for any particular acts of violence or criminal activity.

The Review Board considered that the objective purpose of the publication was to
generate feelings of anger at the West. The objective purpose of the book was not to
promote any acts of violence or crime by Muslims.

The only reference that the book makes to any modern situation or to any obligation
on Muslims to fight is the “peace between the Palestinian Liberation Organisation and
the Jews” (i.e. a reference to the Oslo peace accord of the mid 1990s). The book notes
that:

“the peace between the Muslim leaders of Palestine and the Jews does not
mean that the Jews will permanently possess the land that they possess now.
Rather it only means that they will be in possession of them for a period of
time until either the truce expires or until the Muslims become strong enough
to force them out of the Muslim lands...when one does have the ability to
wage Jihad against them, then what is required is to call them to enter into
Islam, or to be fought against...so in this case it is not permissible to seek
peace with them, nor to abandon fighting”.

The comments in the context of the Israel - PLO situation are non-specific as to what
particular type of fighting should take place, where or when.

7. Reasons for the decision
Much of the tenor of this publication is “conspiratorial” and may be considered by
many to be “far fetched” however, it concerns itself with ideology and theory rather
than their practical application. There is no “call to arms” as such – even of a general
nature.

Although some unsavoury political comment is made, the Review Board must take a
conservative approach in its interpretation of whether a particular publication
promotes, incites or instructs as a crime. As such, the publication could not be
considered to promote, incite or instruct in matters of crime or violence in the sense
required by the Code.

8. Summary
The Review Board decided that the publication should be classified “Unrestricted”.
The decision of the Review Board was unanimous.

***

Islam and Modern Man
REVIEW BOARD REPORT

Australian Government
Classification Review Board
19 June 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.

BUSINESS: To review the Classification Board’s decision to classify the
publication Islam and Modern Man: The Call of Islam to
Modern Man Vol. II ‘Unrestricted’.

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision
classified the publication Islam and Modern Man: The Call of Islam to Modern Man
Vol. II ‘Unrestricted’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of publications and the review of classification decisions.
Section 9 of the Act provides that publications are to be classified in accordance with
the National Classification Code (the Code) and the classification guidelines.
Section 11 of the Classification Act requires that the matters to be taken into account
in making a decision on the classification of a film or publication include:
(a) the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film;
and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.

Three essential principles underlie the 2005 Guidelines for the Classification of
Publications (the Publication Guidelines), determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. The six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 June 2006 in response to the receipt of an
application from the Attorney General, the Hon Philip Ruddock MP, (the Applicant),
dated 5 June 2006.

The original application for classification of the publication was lodged by the
Australian Federal Police on 15 December 2005 (application reference L05/1451).
The Classification Board classified the publication as Unrestricted on 22 December
2005.

At its meeting on 19 June 2006 seven members of the Review Board, having read the
publication prior to their meeting, received both oral and written submissions from Mr
Drew Kovacs representing the New South Wales Council for Civil Liberties. The
Review Board then adjourned to deliberate further “in camera” and, after considering
the substance of the application and all relevant matters, unanimously determined that
the publication be classified ‘Unrestricted’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The Publication Islam and Modern Man: The Call of Islam to Modern
Man Vol. II (L05/1451);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) The Classification Board’s report; and
(vii) The 2005 Guidelines for the Classification of Publications.

5. Synopsis
Islam and Modern Man is book of 28 pages that examines the call of Islam to modern
man in terms of finding faith, religion, and a world view. It is an attempt at a scholarly
text.

The author reflects upon the state of the world and its materialism and corruption,
although one may not agree with the examples of corruption given. She considers in
her treatise what should be the distinguishing characteristics of a Muslim and how
young people, in particular, may be attracted to Islam.

It was first published (2000 copies) in 1976 and reprinted in 1980 (4000 copies). The
book is not considered to have a wide publication.

6. Findings on material questions of fact
The Review Board found that the publication contains aspects or scenes of
importance, under various classifiable elements:

Classifiable elements
There is no depiction or description of violence, sex, nudity, coarse language or drug
use. The treatment of themes and concepts does not have a high impact and is
inoffensive in a legal context.

In considering publications, the Review Board must also consider the context of the
work. The history of the author is of note. According to the introduction the author
was born into a German-Jewish family in 1934 and entered a “liberal arts program” at
university in New York in 1952. She became “ill” at university and was “unable” to
earn “any diploma”. She was “confined to private and public hospitals for two years
(1957-1959)” and “only after her discharge, did she discover her facility for writing”.
She became a convert to Islam and migrated to Pakistan in 1962 and married
becoming a “co-wife” in 1963. It is stated in the introduction that she observes strict
Purdah (the practice of requiring women to cover their bodies so as to cover their skin
and conceal their form).

The book explains the author’s hatred of atheism, materialism and the Western World
as “intense” and “in her restless quest for absolute, transcendental ideals” she upholds
Islam as “the most emotionally and intellectually satisfying explanation to the
Ultimate Truth which alone gives life (and death) meaning, direction, purpose and
value”.

Promotion, incitement or instruction in matters of crime or violence
There are no calls for revolution or acts of violence or disobedience. Although
Western culture is severely criticised, there is no specific call for action other than an
expression of the author’s view about the superiority of the Islamic way of life. The
book does not in any way promote, instruct or incite in matters of crime or violence.

7. Reasons for the decision
Although most Australians would not agree with the views expressed in the book,
applying the criteria in the Code and Guidelines, the book falls within the
“Unrestricted” classification.

8. Summary
The publication Islam and Modern Man does not promote, incite or instruct in matters
of crime or violence and the Review Board does not find that there is any aspect of
the publication that offends against the Guidelines. Therefore the classification is
“Unrestricted”. The decision of the Review Board was unanimous.

***

Jihad in the Qur’an & Sunnah
review board report

Australian Government
Classification Review Board
19, 20, 23 June and 3 July 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.
BUSINESS: To review the Classification Board’s decision to classify the
publication Jihad in the Qur’an & Sunnah ‘Unrestricted’.

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision
classified the publication Jihad in the Qur’an & Sunnah ‘Unrestricted’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of publications and the review of classification decisions.
Section 9 of the Act provides that publications are to be classified in accordance with
the National Classification Code (the Code) and the classification guidelines.
Section 11 of the Classification Act requires that the matters to be taken into account
in making a decision on classification include:

(a) the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film;
and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.

Three essential principles underlie the 2005 Guidelines for the Classification of
Publications (the Publication Guidelines), determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. Six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 June 2006 in response an application dated 5 June
2006 from the Attorney General, the Hon Philip Ruddock MP (the Applicant).
The original application for classification of the publication was lodged by the
Australian Federal Police on 15 December 2005 (application reference L05/1450).
The Classification Board classified the publication as ‘Unrestricted’ on 22 December
2005.

At its meeting on 19 June 2006 seven members of the Review Board received oral
and written submissions from Mr Drew Kovacs representing the New South Wales
Council for Civil Liberties, and then adjourned to consider the substance of the
application ‘in camera’. The Review Board continued to deliberate ‘in camera’ on 20
and 23 June 2006 but did not reach a decision.

The Review Board then reconvened on 3 July 2006 for a final time and, after careful
consideration of all of the relevant issues, determined that the publication be classified
‘Unrestricted’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The Publication Jihad in the Qur’an & Sunnah (L05/1450);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) The Classification Board’s report; and
(vii) The 2005 Guidelines for the Classification of Publications.

5. Synopsis
An historical 52-page publication, written some 20 years ago, that examines the
concept of “Jihad” as presented in the Qur’an and Sunna. “Jihad” is examined in the
context of defending the Muslim lands. The book is written in an academic style, is
presented as an historical piece and explains how “Jihad” has benefits that are “farreaching
and wide-spreading as regard to Islam and the Muslims”.

6. Findings on material questions of fact
Classifiable elements
There is no description or depiction of sex, nudity, coarse language or drug use. The
description of violence is limited, and the themes - although undoubtedly rejected by
most Australians - are not treated in an offensive manner and do not contain any real
detail.

This a book in which Sheikh Abdullah Bin Muhammad Bin Humaid, ex Chief Justice
of Saudi Arabia, has presented the concept of Jihad in light of the Koran and Sunnah.
The book quotes from the Koran and explains the historical context to “fighting”
against Pagans, Jews and Christians in the time of Mohammed.

Jihad is explained as being “with the heart (intentions or feelings), with the hands
(weapons etc) and with the tongue (speeches etc) in the cause of Allah”. The book
notes that Allah has rewarded “the one who performs Jihad with lofty dwellings in the
Gardens (of Paradise)”. The book notes that those who are martyred in the cause of
Jihad receive various heavenly rewards and that those who abandon Jihad are
punished by Allah.

The Review Board noted that the book was ostensibly an educational/religious text
with no political commentary, would be unlikely to have a wide audience in Australia,
and was written in a turgid style that would not harm or disturb children.

Promotion, incitement or instruction in matters of crime or violence
The book is non-specific about what form “Jihad” should take. It does not specify
which acts of violence should be committed, where they should be committed, who
should commit them or what may justify particular acts of violence, apart from the
rewards of Paradise.

Rather, the book provides direct Koranic quotations and support for the broad notion
of Jihad. It is a dissertation on Jihad (“the holy fighting in Allah’s cause” [page 11]).
There is no instruction in matters of crime or violence.
There is a discussion about acts of worship which are obligatory upon Muslims and
the blessings which flow from those acts of worship and a statement that : “There is
one deed which is very great in comparison to all the acts of worship and all the good
deeds---and that is Jihad!” (page 3).

The publication identifies that Allah has “ordained Al-Jihad (the holy fighting in
Allah’s Cause):
1With the heart (intentions or feelings)
2 With the hand (weapons, etc)
3 With the tongue (speeches, etc, in the cause of Allah)” (page 5).
Thus the publication is not just about physical fighting but the whole breadth of
striving for Allah and Islam.

It details some of the battles waged by Muslims in the time of Mohammed. There is
no reference to modern events or situations and the book does not attempt to
encourage or incite readers to engage in any particular form of violence or criminal
activity. It does note that those who are killed in pursuit of Jihad are rewarded in the
afterlife.

7. Reasons for the decision
While the book does advocate the broad notion of fighting in the name of Islam, the
Review Board formed the view that:
· there were no specific violent acts or threats of Jihad referred to;
· the book was historical and general;
· the book appeared to be a bona fide attempt to explain the author’s religious
interpretation of the teachings of Islam, rather than an attempt to put a
modern day “gloss” on the notion of Jihad, or to call for any particular type
of action or conduct.

In interpreting the Code and Guidelines, the Review Board is required to take a
conservative approach. The Review Board formed the view that the book did not
promote, incite or instruct in matters of crime as those terms have been interpreted by
the Courts.

Given its historical nature and the lack of specific detail of any kind, it was the
determination of the Review Board that although supportive of “Jihad” the book did
not promote, incite or instruct in matters of crime.

8. Summary
In light of the impact of the classifiable elements, the Review Board considered that
the publication should be classified “Unrestricted”. The decision of the Review Board
was unanimous.

Australian Government
Classification Review Board
19, 20, 23 June 2006 & 3, 5 July 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.

BUSINESS: To review the Classification Board’s decision to classify the
publication The Qur’anic Concept of War ‘Unrestricted’
(M15+).

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision
classified the publication The Qur’anic Concept of War ‘Unrestricted’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of publications and the review of classification decisions.
Section 9 of the Act provides that publications are to be classified in accordance with
the National Classification Code (the Code) and the classification guidelines.
Section 11 of the Classification Act requires that the matters to be taken into account
in making a decision on the classification of a film or publication include:
(a) the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film;
and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.

Three essential principles underlie the 2005 Guidelines for the Classification of
Publications (the Publication Guidelines), determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. Six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 June 2006 in response to the receipt of an
application from the Attorney General, the Hon Philip Ruddock MP, (the Applicant),
dated 5 June 2006.

The original application for classification of the publication was lodged by the
Australian Federal Police on 15 December 2005 (application reference L05/1459).
The Classification Board classified the publication as ‘Unrestricted’ M (15+) (Not
recommended for persons under 15 years) on 22 December 2005.
At its meeting on 19 June 2006 seven members of the Review Board received an oral
submission from Mr Drew Kovacs representing the New South Wales Council for
Civil Liberties, this was provided in addition to their written submission. The Review
Board then deliberated ‘in camera’ on 20 and 23 June 2006 and again on 3 July 2006.
The Review Board on 5 July 2006 convened a final time to consider the substance of
the application and, after careful consideration of all of the issues, determined that the
publication be classified ‘Unrestricted’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The Publication The Qur’anic Concept of War (L05/1459);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) The Classification Board’s report; and
(vii) The 2005 Guidelines for the Classification of Publications.

5. Synopsis
This 193-page book is an historical, academic-style text that discusses how battles were
fought in the name of Islam including the Persian invasion of North Africa and Eastern
Europe in 610-616 AD. It examines the Qur’anic concepts and strategies used in these
battles.

6. Findings on material questions of fact
Classifiable elements
There are no references to nudity, sex, drug use or coarse language in the book. The
descriptions of violence are muted and are written in a military context. The treatment
of themes is set in an historical context, is not offensive and has a mild impact.
The book is largely an historical study, in academic style, of past events involving
battles in which Muslims have been involved and does not promote, incite or instruct
in matters of crime or violence.

The preface sets the tone of the book:
“The Muslims when they are engaged in fighting are not to transgress the
limits within which war is allowed to be waged and, in principle, they are not
to be cruel or become revengeful.”

“In Islam, the believer is admonished to invite non-believers to the fold of
Islam by employing the power of his persuasion and by using beautiful
methods in extending the invitation to them to accept Islam.”

“Since the motto of a believer is ‘La Ikraha Fiddin’, war is not the way to
secure conversions to Islam.”

In the introduction the author writes:
“The Holy Quran does not interpret war in terms of narrow national interests
but points towards the realisation of universal peace and justice. It provides an
in-built methodology for the attainment of this purpose. The methodology
makes maximum allowance to its adversaries to co-operate in a combined
search for a just and peaceful order.”

In the book’s Summary of Major Conclusions:
“The Quranic approach to war is not narrow and one sided; its causes, and
effects, embrace the entire human race. According to the Book, war is waged
to end repression and to obtain immediate conditions of justice and peace. The
Holy Quran provides a practical and workable methodology for the
implementation of this aim. The methodology is liberal and broad-based; it
makes maximum allowance to the opponent to cooperate in the restoration of
peace. When permitted, war aims at preserving and promoting, and not
destroying, the human dignity and values.” (page 143)

“The Quranic philosophy of war is immensely rich in its moral and
humanitarian contents.” (page 143)

“Here then is a philosophy of war that is supreme and distinctive in all its
angles and aspects.” (page 146)
Promotion, incitement or instruction in matters of crime or violence
The book is not in any way written as a call to arms for Muslims. It is descriptive of
ancient Islamic history and theory. There is limited detail and does not have the
objective purpose of promoting crime or violence. Accordingly, it does not promote,
incite, or instruct the matters of crime or violence.

7. Reasons for the decision
This is a book written by Brigadier S.K. Malik and comprises primarily a military
analysis of numerous historical battles that Muslims have fought, in the time of
Mohammed. There is no reference to any modern events.

The book explains how the Qur’an regulates war - dealing with the legitimate causes
of war, the nature and dimensions of war and the strategies of war. The book
describes battles between standing armies and does not deal with asymmetric war,
guerrilla fighting or terrorist acts.

8. Summary
The book is an academic - style publication which, although dealing necessarily with
a violent subject (war), outlines a framework for the moral conduct of war between
standing armies from an Islamic perspective.
In light of the impact of the classifiable elements, and the absence of any promotion,
incitement or instruction of crime or violence the book falls within the "Unrestricted"
classification. The decision of the Review Board was unanimous.

Australian Government
Classification Review Board
19, 20, 23 June 2006 and 3, 5 July 2006
23-33 MARY STREET
SURRY HILLS, NSW

MEMBERS: Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony Hetrih

APPLICANT: Commonwealth Attorney General, the Hon Philip Ruddock
MP, not represented.

INTERESTED PARTIES: NSW Council for Civil Liberties.
BUSINESS: To review the Classification Board’s decision to classify the
film Jihad or Terrorism ‘PG (Parental Guidance)’ with the
consumer advice ‘Mild themes’.

DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision
classified the film Jihad or Terrorism ‘PG’ (Parental Guidance) with the consumer
advice ‘Mild themes’.

2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act)
governs the classification of films and the review of classification decisions. Section 9
of the Act provides that films are to be classified in accordance with the National
Classification Code (the Code) and the classification guidelines.
Relevantly, the Code in paragraph 6 of the Table under the heading ‘Films’ provides
that:

Films (except RC films, X 18+ films, R 18+ films, MA 15+ films and M films)
that cannot be recommended for viewing by persons who are under 15 without the
guidance of their parents or guardians are to be classified ‘PG’. 
The Code also sets out various principles to which classification decisions 
should give effect, as far as possible. Section 11 of the
Classification Act requires that the matters to be taken into account in making a
decision on classification include:
(a) the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the publication or film;
and
(c) the general character of the publication or film, including whether it is of a
medical, legal or scientific character; and
(d) the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.

Three essential principles underlie the 2005 Guidelines for the Classification of Films
and Computer Games, determined under s.12 of the Act:
1. The importance of context;
2. Assessing impact; and
3. The six classifiable elements – themes, violence, sex, language, drug use and
nudity.

3. Procedure
The Review Board convened on 19 and 20 June 2006 in response an application dated
5 June 2006 from the Attorney General, the Hon Philip Ruddock MP (the Applicant).
The original application for classification of the film was lodged by the Australian
Federal Police on 15 December 2005 (application reference T05/7147). The
Classification Board classified the film as PG (Parental Guidance) on 23 December
2005.

Seven members of the Review Board viewed the film, received oral and written
submissions from Mr Drew Kovacs representing the New South Wales Council for
Civil Liberties. At its meeting on 19 June 2006 the Review Board determined it was
not able to reach a decision without obtaining translations of those parts of the film
that were in languages other than English.

The Review Board reconvened on 3 July 2006 and considered the translations
provided by the Community Relations Commission. The Review Board convened
again via teleconference on 5 July 2006 to consider the substance of the application
and, after careful consideration of all of the issues, determined that the film be
classified ‘PG’ with the consumer advice ‘Mild themes’.

4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The Attorney General’s application for review;
(ii) The NSW Council of Civil Liberties’ written and oral submissions;
(iii) The film Jihad or Terrorism (T05/7147);
(iv) The relevant provisions in the Act;
(v) The relevant provisions in the Code, as amended in accordance with s.6 of
the Act;
(vi) Translations of the Arabic portions (both written and oral) of the film;
(vii) The Classification Board’s report; and
(viii) The 2005 Guidelines for the Classification of Films and Computer Games.

5 Synopsis
This film is a recording of a lecture presentation given by Sheikh Khalid Yasin
entitled Jihad or Terrorism. The lecture is ostensibly presented as an academic
discussion of the nature of Jihad and an explanation of how it differs from acts of
terrorism.

It is a filmed lecture of 92 minutes that is comprised of primarily of a single camera
shot of Sheikh Kalid Yasin delivering the lecture. Sheikh Yasin refers to what he
describes as historical terrorism including the African slave trade and the Spanish
invasion of South America.

6 Findings on material questions of fact
Classifiable elements of sex, drug use, violence, coarse language, nudity and themes
The Review Board found that the film contains aspects or scenes of importance, under
various classifiable elements:

In regard to the elements of sex, drug use or nudity there are no descriptions or
depictions of these elements. The use of coarse language is infrequent and mild.
However, there is some exploration of the theme of terrorism and of violence. The
theme of terrorism has a low sense of threat or menace and is within the context of a
lecture. The lecturer refers to violence such as suicide bombing, genocide, slavery.

These references are verbal only and mild in impact.
The lecture also includes Sheikh Yasin’s views on the behaviour and obligations of
modern Muslims. Some of the “facts” he presents may be questionable but this is not
relevant to the assessment of the video's impact.

The presentation was non-confronting, as Sheikh Yasin states that the matter is a
“provocative subject but [he is] not delivering [it] in provocative manner”. He
discusses the idea presented in the media that jihad and terrorism are synonymous.
His discussion of this is not done in a manner that incites. The lecture starts with a
conciliatory statement.

Sheikh Yasin explains “Jihad” from a Muslim perspective in terms of protecting the
honour of Islam against a criminal or intruder or someone who has no respect for
others. He states that Islam requires a submission to being peaceful, surrendering to
the law/system.

Overall the presentation of the lecture is low in impact and there is only a mild sense
of threat or menace notwithstanding some references to deaths in Afghanistan and
Vietnam.

Promotion, incitement or instruction in matters of crime or violence
The video does not in any way promote, incite or instruct in matters of crime. Sheikh
Yasin explicitly states that suicide bombing is not justified by Islam and that Muslims
in non-Muslim countries are not permitted, under Islam, to attack the Governments or
societies in which they live.

7 Reasons for the decision
The Review Board considered the class of persons to whom it is intended or likely to
be published as required under the section 11 of the Act. The Review Board
determined that the video is unlikely to have a broad or wide audience.

Further, the Review Board considered the submission by the NSW Council for Civil
Liberties that “while the material may be politically and socially controversial, as it
does not present a threat to Australian society, it ultimately serves an educational
purpose”. Whilst not determining that the material was educational, the Review Board
did accept that this video would not “present a threat”.

The Guidelines state that material classified PG "may contain material which some
children may find confusing...it is not recommended for viewing...by persons under 15
without guidance from parents or guardians".

In light of the impact of the classifiable elements stated above, while viewers may not
agree with the Sheikh's interpretation or his views, they are expressed in a nonmenacing
manner and can be accommodated within the PG classification. In light of
the descriptive title of the film, the appropriate consumer advice is “Mild themes”

8 Summary
It is a video that is mild in impact and describes what Islam is about and how Islam is
a world view. It does not justify terrorism. The Classification Review Board in a
unanimous decision classified the film Jihad or Terrorism ‘PG’ (Parental Guidance)
with the consumer advice ‘Mild themes’.