http://www.pakistanchristianpost.com/newsviewsdetails.php?newsid=191
 

CHRISTIAN PASTORS TAKEN TO COURT TO SILENCE CRITICISM OF ISLAM

 

 
AUSTRALIA. Two Christian pastors have been taken to court by the Islamic
Council of Victoria and three Australian Muslims after making critical
statements about the Islamic faith on a website and at a seminar for
Christians held in March last year. 
A complaint of religious vilification was made against the two Christian
pastors, Danny Nalliah and Daniel Scot. The complaint deals with many
issues, such as the nature of jihad, aspirations of Muslims in the west, and
the connection between the laws of jihad and the treatment of non-Muslims
under Islam. 
The Victorian Racial and Religious Vilification Act was passed in 2001 and
has yet to be fully put to the test. It was established in order to promote
intercultural and interfaith harmony in Victoria, in support of democratic
ideals, in itself a worthy aim. Victoria has established an Equal
Opportunity Commission which is empowered to develop programs under this
legislation. One of their programs, called "Stand up to Racism", promotes
positive regard for Islam's stand on universal human rights. 
The complaint against the two pastors has had to be mediated through this
same Victorian Equal Opportunity Commission, but attempts at achieving
conciliation failed. Following this the Islamic Council of Victoria brought
the case before the Victorian Civil and Administrative Tribunal, a legal
court which has the power to impose a significant fine against the two
pastors, if they are found guilty. The case is due to be heard at the
Tribunal in mid-October 2003. 
To pursue their complaint, the well-funded Islamic Council of Victoria has
retained the services of the prestigious Australian law firm, Allens Arthur
Robinson, which has offices in seven countries throughout the Asia-Pacific
Region. 
The case is one of the first to be brought under the new legislation and its
result will set an important precedent which will have influence and
ramifications not only in Victoria, but also in other parts of Australia.
Many evangelical Christians in the state fear that the Islamic Council of
Victoria is using the case to stifle all criticism of Islam or Muslims, in
effect bringing in a pseudo-blasphemy law to protect Islam. Similar
legislation against religious 'hate speech' is currently before parliament
in both New Zealand and the UK and is prompting serious concern from
libertarians and supporters of free speech who fear the similar misuse of
such laws. 
DANIEL SCOT 
The fact that one of the defendants is Pastor Daniel Scot is bitterly
ironic. Scot, a Pakistani Christian, became one of the first victims of
Pakistan's notorious blasphemy laws when in 1986 he was charged with
insulting the Islamicprophet Muhammad, which under Section 295-C of the
Pakistan Penal Code carries a death sentence. The blasphemy laws have
attracted widespread condemnation from human rights groups and the
international community for their harsh punishments and the way they have
been misused to target vulnerable religious minorities
(http://www.barnabasfund.org/News/Archive/Pakistan/Pakistan-20030821.htm). 
Scot had been threatened by the council of the college in Okara, Pakistan,
where he worked, that a charge would be brought against him unless he
converted to Islam. The charge was brought after he refused to do so and
explained his belief that his spiritual salvation could come only from Jesus
Christ, and not Muhammad. 
Political pressure meant that Daniel was never prosecuted. However, he was
forced to flee to Australia with his family to escape the threat of Islamic
extremists who have since murdered four Christians accused of blasphemy in
Pakistan. 
Now seventeen years later, having fled religious discrimination in Pakistan,
Scot again finds himself accused of a similar crime in Australia, the
country in which he originally found refuge. This is an indication of the
growing trend to place Islamic teaching and Muslim actions beyond the bounds
of criticism, not only in the Islamic world, but also, as a result of
misguided ideas of political correctness, in the West as well. It is a
bitter twist that Scot, an Asian Christian, should face this accusation from
three white Australian converts to Islam who unannounced attended the March
2002 seminar (intended for the religious instruction of Christians only -
and as such should fall outside the remit of the Act) and took offence
resulting in the complaint. In a painfully ironic reversal a law designed to
prevent racial and religious abuse under which the Equal Opportunity
Commission operates is being used by three white men to attack an Asian. 
FREEDOM OF SPEECH 
It is clear from the charges brought against Danny Nalliah and Daniel Scot,
that both may well have been unwise in their choice of words, and
over-the-top in some of their criticisms of Islamic teaching. However it
would be a travesty of justice should their statements be found illegal in a
country which claims to be a strong advocate of freedom of speech and
expression. One of the grounds of the complaint is that Pastor Daniel Scot
mentioned in a seminar that Muslim fundamentalists have the responsibility
to "kill" apostates from Islam. This was cited in the complaint as unlawful
vilification of Muslim believers. 
This is despite the fact that the death penalty for apostates from Islam is
an extremely well documented part of Islamic law (shari'a) and is well
attested by Muslim sources both historically and today (Application
http://www.barnabasfund.org/Apostasy/application.htm Consequences
http://www.barnabasfund.org/Apostasy/Consequences.htm). 
Furthermore it is not merely a matter of language or legal niceties but a
very real problem for thousands of converts around the world today which has
resulted in many deaths attested to by numerous creditable human rights
organizations. Nevertheless it seems that merely drawing attention to this
problem may be considered a vilification of Islam; in future converts may
have to suffer in silence and those who seek to draw attention to their
plight may face prosecution for offending Muslim sensibilities. 
However Muslims in Victoria may, in the future, find this law being used
against them. For if drawing attention to the more unpalatable teachings of
one particular religion is to be regarded as religious vilification, surely
the actual expounding of those teachings will certainly attract prosecution
under this law. The next time Qur'anic verses such as the famous sword
verse, "But when the forbidden months are past, then fight them and slay the
Pagans whereverye find them, and seize them and beleaguer them, and lie in
wait for them in every stratagem (of war)" (9:5 A. Yusuf Ali, The Holy
Qur'an: Text, Translation and Commentary and Meaning) are quoted in a
mosque, there may be anonymous pagans in the audience who take offence and
bring a case against them for 'unlawful vilification'. Could the unpalatable
verses of the Qur'an (together with those of the scriptures of other
religions) be effectively banned in Victoria? 
The two Australian pastors are seeking the support of international experts
in Islam to assist in their defense.
 


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