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20th February 2004
Judge told: Islam illegal religion

Christian group prosecuted under 'tolerance act' turns tables
Posted: February 20, 2004
1:00 a.m. Eastern

A Christian group prosecuted under an Australian state's new religious hatred law told a court Islam is an illegal religion because it preaches violence against Christians and Jews.

Turning the tables on its accuser, defenders of Catch the Fire Ministries argued in court that Christianity in Australia has special protection under the constitution, reported The Age daily newspaper of Melbourne.

Lawyer David Perkins told a civil tribunal if the state of Victoria's Racial and Religious Tolerance Act of 2001 curbs the teaching of Christian doctrine it is invalid. He further claimed Australia's blasphemy law was intended to protect only Christianity.

The law refers to "lawful religion," which disqualifies Islam, because it preaches violence, Perkins emphasized.

"The Quran contradicts Christian doctrine in a number of places and, under the blasphemy law, is therefore illegal," he said.

The case began two months after the tolerance act became law in January 2002 when Islamic-studies scholar Daniel Scot conducted a seminar in Melbourne on Islam, sponsored by Catch the Fire Ministries.

Transcripts show Scot, born in Pakistan, was quoting verses from the Quran to make his points, but three Australian converts to Islam who attended part of the seminar brought their notes to the Islamic Council of Victoria.

The Islamic Council made a formal complaint of vilification against Scot and Catch the Fire Ministries pastor Danny Nalliah.

Perkins asserted the reference in Australia's constitution to the people "humbly relying on the blessing of Almighty God" referred to Christianity only. Australia's blasphemy law takes precedence over the state act, he argued.

He pointed to the Choudhury case in England, involving Salman Rushdie's book "The Satanic Verses," which held the blasphemy law protected only Christianity, not Islam.

Judge Michael Higgins, however, said a motion claiming the seminar was exempt as a religious activity would fail, prompting Perkins to withdraw it.

The law is not based on the intent of the accused but rather on how their actions or words affected the hearers. Higgins said after hearing a tape of the seminar it was "strongly open" that it breached the act.

Higgins said the seminar described the attitudes of a small group of fundamentalist Muslims who "lack association with those Muslim people who live and work peacefully in this community."

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