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67 Posts.

04/02/19

23:03

Post #: 37328560
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Originally posted by bacci: ↑

These 3 paragraphs from the judgement are the crux of it;

78 Terrorists’ reliance on verses of the Quran to support an Islamic duty of religious violence has been seen with more or less clarity in a number of NSW and Victorian cases: see R v Khaja (No 5) [2018] NSWSC 238 at [72]-[78], [98], [101], [122]. The many Australian Muslims who wish to live in peace with the whole community may reflect that if Islam accepts the entire Quran as Allah’s eternal instruction to believers, without explicit repudiation of verses which ordain intolerance, violence and domination, that unqualified acceptance will embolden terrorists to think they are in common cause with all believers and indeed that they are the spearhead of the religion. The scriptural support for the terrorists’ perceived obligation of jihad cannot be rebutted by Australian courts or law enforcement authorities. If the verses upon which the terrorists rely are not binding commands of Allah, it is Muslims who would have to say so. If Australian followers of the religion, including those who profess deep knowledge, were to make a clear public disavowal of these verses, as not authoritative instructions from Allah, then the terrorists’ moral conviction might be weakened.

79 The incitements to violence which terrorists quote from the Quran cannot just be ignored by the many believers who desire harmonious coexistence. Those verses are not ignored by terrorists. As seen in this and numerous other prosecutions, the hostile verses are inspiring serious crimes. In turn those crimes have the capacity to provoke social division and mistrust.

80 The apparent message of these verses is not answered by non-specific and unelaborated suggestions, from various quarters, that “there are other verses” or that “it is an interpretive religion” or that the hostile passages are “cherry picked”. Assurances are from time to time offered to Western communities that “Islam is a religion of peace” and that the faith of Muslims requires them to obey the laws of a country in which they are in a minority. But in the absence of express public disavowal of verses which convey Allah’s command for violence, as quoted in the jihadist literature tendered in this case, such assurances are apparently contradicted. Certainly that is how the matter is seen by jihadi propagandists and those who have followed them, including these offenders.

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