In 2005, the Federal Attorney General, Philip Ruddock, began a push to change the classification laws regarding the promotion of terrorism.
This page covers seven of the eight publications that were classified following a raid on the Islamic Bookstore in Lakemba. For background, see the database entry for DEFENCE OF THE MUSLIM LANDS).
The Absent Obligation
Author Muhammad Abdus Salam Faraj
In December 2005, THE ABSENT OBLIGATION was passed with an Unrestricted rating by the Classification Board.
This was confirmed by the Classification Review Board in July 2006.
Classification Review Board report
June 19, 20 & 23, 2006 & July 3 & 5, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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.
– Classification Review Board report
The Criminal West
Author Omar Hassan
In December 2005, THE CRIMINAL WEST was passed with an Unrestricted rating by the Classification Board.
This was confirmed by the Classification Review Board in July 2006.
Classification Review Board report
June 19 & 20, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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.
– Classification Review Board report
The Ideological Attack
Author Shayhk ‘Abdul’ Azeez Bin Baaz
In December 2005, THE IDEOLOGICAL ATTACK was passed with an Unrestricted rating by the Classification Board.
This was confirmed by the Classification Review Board in July 2006.
Classification Review Board report
June 19, 20 & 23, 2006 & July 3 & 5, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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.
– Classification Review Board report
Islam and Modern Man
Author Maulana Wahiduddin Khan
In December 2005, ISLAM AND MODERN MAN was passed with an Unrestricted rating by the Classification Board.
This was confirmed by the Classification Review Board in July 2006.
Classification Review Board report
June 19, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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.
– Classification Review Board report
Jihad in the Qur’an and Sunnah
Author Sheikh Abdullah Bin Muhammad Humaid
In December 2005, JIHAD IN THE QUR’AN AND SUNNAH was passed with an Unrestricted rating by the Classification Board.
This was confirmed by the Classification Review Board in July 2006.
Classification Review Board report
June 19, 20 & 23 & July 3, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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 AND 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 AND 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 AND 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.
– Classification Review Board report
Join the Caravan
Author Sheikh Abdullah Yusuf Azzam
In December 2005, JOIN THE CARAVAN was passed with an Unrestricted rating by the Classification Board.
The Classification Review Board banned it in July 2006.
Classification Review Board report
June 19, 20 & 23, 2006 & July 3 & 5, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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 JOIN THE CARAVAN (the publication) ‘Unrestricted’DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) in a unanimous decision classified the publication JOIN THE CARAVAN ‘RC’ (Refused Classification).
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.
Relevantly, the Code in paragraph 1(c) of the Table under the heading Publications’ provides that:
1. Publications that
(c) promote, incite or instruct in matters of crime or violence are to be classified ‘RC’. 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 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 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 L05/1454). 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 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 ‘RC’ (Refused Classification).
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; 3
(iii) The Publication JOIN THE CARAVAN (L05/1454);
(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 65-page publication examines the Islamic concept of “Jihad” largely as it relates to the conflict in Afghanistan in 1987. However, it was reprinted in 1996 and August 2001 with the addition of the publisher’s foreword, details on Abdullah Azzam and (possibly) Part Three: Clarifications about the issue of Jihad today (although this is unclear).
The author refers to the preface of the first and second edition, part one, part two and the conclusion. In the publication before the Review Board, following the conclusion is part three, a glossary and quotations from Salahuddin Ayyubi (Saladin).
6 Findings on material questions of fact
Promotes, incites or instructs in matters of crime
This is a book by Sheikh Abdullah Azzam. Azzam is often known as the “Godfather of Jihad” and is known as a mentor to Osama Bin Laden. The book states at page 9 that when Sheikh Azzam realised that only by means of an organised force would the Ummah (the Muslim believers) ever be able to gain victory, then Jihad and the gun became his pre-occupation and recreation. The Sheikh’s motto is stated to have been:
“Jihad and the rifle alone. No negotiations, No conferences and No dialogue”.
The book contains an endorsement by Osama Bin Laden stating: “Sheikh Abdullah Azzam was not an individual, but an entire nation by himself. Muslim women have proven themselves incapable of giving birth to a man like him after he was killed”.
It was republished in August 2001. The publisher’s foreword states:
“this book was one of the principal inspirations for thousands of Muslims from all over the world to go and fight in Afghanistan to defend Muslim blood, property and honour. Azzam Publications published the first English edition in August 1996. Due to popular demand and the book being sold out, we decided to publish a second English edition. Although a part of the book focuses on Afghanistan, most of it is applicable to Jihad in general.”
The book is written as an emotive and passionate appeal to Muslims undertaking Jihad. The book states:
“we then are calling upon the Muslims and are urging them to proceed to fight, for many reasons…”
The book quotes from the Koran and various scholars as well as modern Mujahideen, outlining 16 religious and political reasons for Muslims to engage in violent Jihad.
The book argues that Jihad is obligatory on every Muslim. Looking to the structure and nature of the book, the Review Board concluded that it is presented as a direct appeal to the Muslims to engage in fighting, particularly in Afghanistan, but also in other theatres.
At page 18 the book records: “Two duties which we are trying to establish: the duty of Jihad (fighting) and the duty of arousing the believers”. Further, at page 19 it states: “We then are calling upon the Muslims and urging them to proceed to fight, for many reasons, at the head of which are the following:
1. In order that the disbelievers do not dominate
2. Due to the scarcity of men
3. Fear of the Hell-Fire
4. Fulfilling the duty of Jihad, and responding to the Call of the Lord
5. Following in the footsteps of the Pious Predecessors
6. Establishing a solid foundation as a base for Islam
7. Protecting those who are oppressed in the land
8. Hoping for Martyrdom and a High Station in Paradise”
The book notes that “when an enemy enters an Islamic land or a land that was once part of the Islamic lands it is obligatory on the inhabitants of that place to go forth to face the enemy”.
The book states that Jihad is obligatory in every place that the “disbelievers” have occupied. “It remains (obligatory) continuously until every piece of land that was once Islamic is regained”.
The book contains at page 47 emotional language such as:
“What is the matter with the mothers, that one of them does not send forward one of her sons in the path of Allah, that he might be a pride for her in this world and a treasure for her in the hereafter through his intercession? And what is the matter with the fathers that they do not urge one of their sons, so that he can grow up in the rearing ground of heroes, the land of men and the grounds of battle? . . . What is the matter with the imams, that they do not sincerely advise those who seek counsel from them regarding going out with blood and soul in the path of Allah? For how long will the believing youths be held back and restrained from Jihad? These youths, whose hearts are burning with a fire, spurting forth enthusiasm, and blazing with zeal that their pure blood may irrigate the earth of the Muslims. The one who forbids a young man from Jihad is no different from the one who forbids him from prayer and fasting.”
The foreword specifically notes that the struggle in Afghanistan must continue until:
“Truth emerges distinct from Falsehood and the true Mujahadeen obtain triumph and defeat the enemies of Islam who are trying to destroy the fruit of the Afghan Jihad”.
The book was republished in 2001 and therefore has a contemporary relevance, especially as it refers to:
“Ahmad Shah Masood who has allied with Russia, America, Iran and France in order to fight against the establishment of Sharia in Afghanistan”.
The Review Board noted that Masood was the military leader of the anti-Taliban Northern Alliance and was assassinated in a suicide attack on September 9, 2001.
The book contains a section entitled “Notes for those coming to Jihad”, which contains real-world details about the Afghani people, and other practical details that Jihadis who come to Afghanistan to fight should know about.
The book also contains some instruction about how to prepare for jihad – it notes that every Muslim should reduce his spending and be frugal with his earnings in order to put money aside to support his wife and children, in order to be able to leave them to go out to Jihad.
The book specifically notes that the following people are excused from going to Jihad: · somebody who is unable, after much effort, to obtain a visa to come to Pakistan; · somebody whose government denied him a passport or prevented him from leaving from the airport.
The book notes that people coming to Jihad should check with Islamic centres or with well-wishers in order to ensure that provision is taken of his family.
The book contains details of the type of interrogation that a Jihadi may expect upon return to his homeland and notes that fear of such interrogation is not an excuse to prevent a person from undertaking Jihad.
At page 48 there is active encouragement for Muslim believers to participate in Jihad: “Oh brothers of Islam! Come, therefore, to the defence of your religion . . . Draw your sword”.
Promote, Incite or Instruct in Matters of Crime or Violence
The Review Board considered that the book:
· was, in its own words”
“one of the principal inspirations for thousands of Muslims from all over the world to go and fight in Afghanistan to defend Muslim blood, property and honour”,
This, the Review Board considered provided some evidence about the book’s objective purpose.
· was specific and explicit in its support for and encouragement of fighting against non-believers, specifically in Afghanistan;
· contains instruction about how to prepare for, and matters to note about, Jihad in Afghanistan;
· is written in an emotive and passionate manner with the purpose of being a real and genuine call to specific action by Muslims. The book was written as an impassioned plea to Muslims to fight for Allah and engage in acts of violence, specifically in Afghanistan but also elsewhere;
· was republished in 2001 to specifically refer to “Jihad in general”, which gives the book a contemporary relevance and context;
· is written by a well-known Jihadi who had engaged in acts of terrorism and who had ties to the Taliban, and was a mentor to Osama Bin Laden and his associates;
· has the objective purpose of promoting and inciting acts of terrorism against “disbelievers”, and in particular in Afghanistan.
Having determined unanimously that the book promoted and incited the crime of terrorism, the Review Board did not consider it necessary to consider the impact of the classifiable elements of violence, themes, nudity, coarse language, sex or drug use.
7 Reasons for the decision
French J in Brown v Classification Review Board noted that the term “promote, incite or instruct” is a “collocation of overlapping meanings”. This decision was in the context of an interpretation of the term “instruct”. Nevertheless, insofar as this “collocation of overlapping meanings” applies to the interpretation of the term “promotes or incites” the Review Board concluded that the publication contains some elements of specific instruction, referred to above, about what preparations to make and precautions to take when coming to Afghanistan for Jihad.
The Review Board considered:
· the general principle that adults should be able to read what they want, but also the community’s concerns about material that promoted terrorism and other criminal activities;
· that the publication, being written by a prominent Islamic terrorist, may appeal to some disenfranchised segments of the community and that the book was designed to encourage such people to take up arms and commit specific crimes against non-believers, in the cause of Islam;
· that the book, written by an extreme Jihadi, presented a one-sided and extreme interpretation of Islam and it did not have any discernible educational or literary merit.
Even after considering the need to undertake a conservative interpretation of the Code, the Review Board unanimously concluded that the publication promoted and incited in matters of crime and violence. The Review Board unanimously concluded that the publication should be Refused Classification.
Note: The Review Board had regard to section 101.1 of the Commonwealth Criminal Code which provides that “a person commits an offence if the person engages in a terrorist act”. This is punishable by imprisonment for life and is a crime. Under section 15.4, the offence applies whether or not the conduct constituting the alleged offence occurs in Australia. Fighting for the Taliban in Afghanistan against the Government of that country, as well as being an act of violence, is also a crime under the Criminal Code.
A “terrorist act” is defined under the Code to include an action done:
·“with the intention of advancing a political, religious or ideological cause”; and
· “with the intention of coercing, or influencing by intimidation, the Government of the Commonwealth or a State or Territory or foreign country or of part of a State, Territory or foreign country; or intimidating the public or a section of the public”; and
· which causes serious harm to a person, serious damage to property, death, or endangers a person’s life.
The Review Board also noted that each State referred power to the Commonwealth to legislate against terrorist acts. For example, New South Wales passed the Terrorism (Commonwealth Powers) Act 2002 “to refer certain matters relating to terrorist acts to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth”. The other States passed equivalent legislation.
Also, the Review Board noted that the provisions apply in the Territories because the Commonwealth can make laws for the Territories under section 122 of the Constitution.
The Review Board was satisfied that the objective purpose of JOIN THE CARAVAN lands was to promote and incite actions of precisely this type.
8 Summary
The cumulative impact of the book draws the reader to the conclusion that Jihad is an obligation of Muslims. It takes the reader down a narrow path with the conclusion being that it is obligatory to go out and commit the crime of terrorism, particularly suicide bombing and other operations where death to the perpetrator is the likely outcome. On this basis, the publication is refused classification. The decision of the Review Board was unanimous.
– Classification Review Board report
The Qur’anic Concept of War
Author Brigadier S.K. Malik
In December 2005, THE QUR’ANIC CONCEPT OF WAR was passed with an Unrestricted rating by the Classification Board.
This was confirmed by the Classification Review Board in July 2006.
The report below lists it as initially being classified Unrestricted (M15+), however, the National Classification Database has it as simply Unrestricted.
Classification Review Board report
June 19, 20 & 23, 2006 & July 3 & 5, 2006
23-33 Mary Street, Surry Hills, NSWMEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Mr Rob Shilkin
Mrs Kathryn Smith
Mrs Gillian Groom
Ms Ann Stark
Mr Anthony HetrihAPPLICANT:
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.
– Classification Review Board report