What is Islamic dispute resolution and why is it controversial in Australia?



File 20190129 42594 mblzyt.jpg?ixlib=rb 1.1
Australian Muslims are divided on whether women will get a fair deal under Islamic dispute resolution if it is implemented here.
from www.shutterstock.com

Dr Maria Bhatti, Western Sydney University

Islamic dispute resolution involves resolving disputes without going to court and is similar to alternative dispute resolution, or ADR.

But Islamic dispute resolution has been controversial. Australia’s Muslim community is divided on whether it should be used here, its potential risks and benefits, and how it would sit with Australian law.

Why would an established form of mediation be so controversial? And what are the issues with implementing it in Australia?




Read more:
Explainer: what is ‘sharia law’? And does it fit with Western law?


Remind me again, what is dispute resolution?

The form of dispute resolution typically used in Australia, ADR, usually involves an independent third party helping parties to resolve matters without involving courts. Alternatively, it may involve negotiation between parties and their lawyers without a third party.

It’s encouraged because it is an efficient method of resolving disputes. Parties can save money and time and reduce the stress involved with court proceedings. It’s often referred to as appropriate dispute resolution.




Read more:
Do you need your day in court? The evolution of dispute resolution


ADR traditionally consists of negotiation, mediation, conciliation and arbitration. In both domestic and international arbitration, the final decision is binding. Negotiation, conciliation and mediation result in non-binding decisions.

In the field of international commercial arbitration, only commercial matters between international parties can be the subject of arbitration, as opposed to family, criminal or civil matters.

What about Islamic law?

Similarly, Islamic law encourages disputes to be resolved outside court through tahkim (arbitration) or sulh (mediation). The dispute resolution processes in Islam are part of a larger Islamic legal framework, known as Islamic law or Shariah.

There are two main primary sources of Islamic law. The first is the Quran, which is the holy book for Muslims. The second is the hadith, which are written collections recording the actions and sayings of the Prophet Muhammad (Sunna). Islamic law is also divided into different schools of jurisprudence and varying interpretations.

International commercial arbitration can also be subject to Islamic law. The Asian International Arbitration Centre has developed i-Arbitration rules (“i” signifies compliance with Islamic law). This caters for international parties who are interested in resolving their disputes through Islamic procedures.

For example, an arbitrator may choose not to include interest (riba) when determining a penalty in international commercial arbitration subject to Islamic principles. Although Islamic law encourages trade and profit, it prohibits riba. This prohibition is mentioned both in the Quran and the hadith and is considered an unethical and excessive gain.

The i-Arbitration rules are also consistent with the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules.

What are the objections?

In 2009, Australia’s Muslim community was divided on the issue of establishing Islamic dispute resolution tribunals. One board member of the Islamic Council of Victoria supported and advocated the idea. But the Islamic Council of Victoria, as an organisation, opposed it.

The council was afraid that misconceptions about the term “Shariah” would trigger an unhealthy debate. Another concern raised by a representative of the Islamic Women’s Welfare Council of Victoria was that certain patriarchal interpretations of Islamic principles could place women at a disadvantage.

For example, reports from the UK suggest that there have been cases where male mediators have made it more difficult for women to obtain a divorce because they believe it should be the last resort. Also, some mediators were unaware of issues such as domestic violence and other structural injustices impacting women.




Read more:
Explainer: what Islam actually says about domestic violence


This issue was again highlighted in the media in 2011 when the Australia Federation of Islamic Councils made a submission to the federal parliament’s Committee on Multicultural Affairs calling for a recognition of certain aspects of Islamic law.

In response, the then federal attorney-general, Robert McClelland, very clearly responded that there was no place for Islamic law in Australia.

How might it work with Australian law?

However, the proposal for implementing Islamic dispute resolution and the criticisms in relation to women being at a disadvantage were not thoroughly investigated.

There was no clear empirical research about whether women’s rights would be infringed in Australia if it was implemented.

It was also unclear how Islamic dispute resolution would operate. Would it function separately from or with Australian law? And would it be part of traditional ADR or separate from it? If it did form part of traditional ADR, would mediators and arbitrators be required to go through professional training and accreditation?

What can we learn from the UK?

Muslim Arbitral Tribunals operate in the UK and are subject to the law of England and Wales; they do not operate as a parallel legal system. They determine commercial, civil, family and personal law matters.

Although the tribunal may arbitrate on commercial matters, the decision can only be enforced in court if it meets legal requirements under the law of England and Wales. The tribunal can also mediate family law disputes about children and domestic violence, but such decisions are not binding.

In 2018, an independent review of these tribunals was presented to parliament. It recommended Muslim tribunals could provide women with more agency by addressing their concerns and involving them in dispute resolution procedures. Other recommendations included involving professional mediators who are aware of matters such as the rights of women to divorce, and ensuring mediators are professionals who are trained, accredited and educated about women’s rights.




Read more:
Islam and feminism are not mutually exclusive, and faith can be an important liberator


Researchers from the universities of Sydney and Melbourne are exploring the experiences of women, men and mediators who have used informal community processes to resolve family disputes. The Australian Research Council is funding the project. It will shed light on whether Islamic dispute resolution processes will cater for issues such as domestic violence and the rights of women to divorce.

If the research suggests Islamic dispute resolution can operate in harmony with Australian law and provide women with agency, there is no reason why ADR should not cater for Muslims. If the operation of Muslim tribunals proves to conflict with Australian law and harm women, Muslim tribunals should not be established.

Regardless of the outcomes and recommendations, it is important that such discussions do not form part of a racist and Islamophobic narrative. Rather, Islamic dispute resolution should be further explored with the aim of empowering women and accommodating religious diversity.The Conversation

Dr Maria Bhatti, Lecturer in Law, Western Sydney University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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USA: Westboro Baptist Church – Granddaughters Flee Church


The link below is to an article reporting on the departure of two granddaughters of Westboro Baptist Church pastor Fred Phelps from the controversial church.

For more visit:
http://www.kansascity.com/2013/02/06/4052727/two-members-leave-westboro-church.html

Malaysian Christians Seek to End Restrictions on Malay Bibles


Federation calls for removal of ‘every impediment’ to importing and printing Scripture.

KUALA LUMPUR, Malaysia, April 6 (CDN) — Christian importers of Bibles that Malaysian officials detained are balking at conditions the government has imposed for their release, such as defacement of the sacred books with official stamps.

The Home Ministry stamped the words, “This Good News [Malay] Bible is for use by Christians only” on 5,100 Bibles without consulting the importer, the Bible Society of Malaysia (BSM), which initially refused to collect them as it had neither accepted nor agreed to the conditions. The Home Ministry applied the stamp a day after the government on March 15 issued a release order for the Bibles, which had been detained in Port Klang, 38 kilometers (24 miles) southwest of Kuala Lumpur, since March 20, 2009.

Another 30,000 Bibles detained since Jan. 12 on the island of Borneo remain in port after the Sarawak state Home Ministry told the local chapter of Gideons International that it could collect them if the organization would put the stamp on them. Gideons has thus far declined to do so, and a spokesman said yesterday (April 5) that officials had already defaced the books with the stamp.

The government issued letters of release to both organizations on March 15 under the condition that the books bear the stamp, “Reminder: This Good News [Malay] Bible is for use by Christians only. By order of the Home Minister,” and that the covers must carry a serial number, the official seal of the department and a date.

The Home Ministry’s stamping of the BSM Bibles without the organization’s permission came under fire from the Christian community. In a statement issued on March 17, Bishop Ng Moon Hing, chairman of the Christian Federation of Malaysia (CFM), described the Home Ministry’s action as desecration.

“[The] new conditions imposed on the release of the impounded Bibles … is wholly unacceptable to us,” he added.

Ng described the conditions imposed by the Home Ministry as tantamount to treating the Malay Bible as a “restricted item” and subjecting the word of God to the control of man. In response, Home Minister Hishammuddin Hussein has said the act of stamping and serialization was standard protocol.

 

Government Overtures

In the weeks following the March 15 release order, the government made several attempts to try to appease the Christian community through Idris Jala, a Christian from Sarawak state and a minister in the Prime Minister’s Department.

Idris issued the government’s first statement on March 22, explaining that officials had reduced earlier conditions imposed by the Home Ministry to require only the words, “For Christianity” to be stamped on the covers of the Bible in font type Arial, size 16, in bold.

Idris informed BSM that the Bibles could be collected in their present state or arrangements could be made to have stickers with the words “For Christianity” pasted over the imprint of the stamps made by the Home Ministry officials. In the event that this was not acceptable, the minister pointed out that BSM had the option of having the whole consignment replaced, since the government had received an offer from Christian donors who were prepared to bear the full cost of purchasing new Bibles.

In response, the CFM issued a statement on March 30 saying, “The offer made does address the substantive issues,” and called on the government “to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the [Malay Bible] and indeed to protect and defend our right to use the [Malay Bible].”

Bishop Ng, however, left it to the two importers to decide whether to collect the Bibles based on their specific circumstances.

On March 31, BSM collected the mishandled Bibles “to prevent the possibility of further acts of desecration or disrespect.” In a press statement, BSM officials explained that the copies cannot be sold but “will be respectfully preserved as museum pieces and as a heritage for the Christian Church in Malaysia.” The organization also made it clear that it will only accept compensation from the Home Ministry and not from “Christian donors,” a term it viewed suspiciously.

On Saturday (April 2), Idris issued a 10-point statement to try to resolve the impasse. Significantly, this latest overture by the government included the lifting of present restrictions to allow for the local printing and importation of Malay and other indigenous-language Bibles into the country.

In Sarawak and Sabah, there would be no conditions attached to Bibles printed locally or imported. There also would be no prohibitions and restrictions on residents of these two states carrying such Bibles to other states. A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life, and having the Bible in the Malay language is considered critical to the practice of their Christian faith.

In the case of West Malaysia, however, in view of its larger Muslim population, the government imposed the condition that the Bibles must have the words “Christian publication” and the sign of the cross printed on the front covers.

 

Christian Response

Most Christians responded to this latest overture with caution. Many remained skeptical, seeing it as a politically motivated move in view of Sarawak state elections on April 16. Nearly half of Sarawak’s population is Christian.

Bolly Lapok, an Anglican priest, told the online news agency Malaysian Insider, “It’s an assurance, but we have been given such assurances before.” BSM General-Secretary the Rev. Simon Wong reportedly expressed the same sentiments, saying the Home Ministry already has a record of breaking its word.

The Rev. Thomas Phillips of the Mar Thoma Church, who is also president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism, questioned the timing of the proposal: “Why, after all these years?”

The youth wing of the Council of Churches rejected the proposal outright, expressing fears that the government was trying to “buy them over” for the Sarawak election, and that it would go back on its word after that.

Bishop Paul Tan, president of the Catholic Bishops’ Conference of Malaysia, called the proposal an “insidious tactic of ‘divide and rule,’” referring to its different requirements imposed on Malaysians separated by the South China Sea. Dr. Ng Kam Weng, research director at Kairos Research Centre, stressed that the proposal “does not address the root problem of the present crisis, i.e. the Allah issue.”

 

Muslim Reactions

The 10-point proposal has also drawn the ire of Muslim groups, who view it as the government caving in to Christian pressure.

Perak Mufti Harussani Zakaria expressed his disappointment, reportedly saying, “If the government does this, just cancel the law,” in reference to various state Islamic enactments that prohibit the use of the word “Allah” and other so-called Islamic terms that led to the banning of the Malay Bible. Malay Bibles have not been allowed to be printed locally for fear that they will utilize “prohibited” words.

The Muslim Organizations in Defense of Islam (Pembela) threatened to challenge the 10-point proposal in court if it was not reviewed in consultation with Muslim representatives.

On the same day Pembela issued its statement, the government seemed to have retracted its earlier commitment. The Home Minister reportedly said talks on the Malay Bibles were still ongoing despite Idris’ 10-point proposal, which purportedly represents the Cabinet’s decision.

As a result, James Redas Noel of the Gideons said yesterday (April 5) that he was confused by the mixed messages coming from the government and will not make a decision on whether to collect the Bibles until he had consulted church leaders on the matter, according to the Malaysian Insider.

The issue with the Malay Bibles is closely tied to the dispute over use of the word “Allah” by non-Muslims.

In a controversial court ruling on Dec. 31, 2009, judge Lau Bee Lan had allowed The Herald, a Catholic newspaper, to use “Allah” for God in the Malay section of its multilingual newspaper.

The Home Ministry filed an appeal against this decision on Jan. 4, 2010. To date, there is no indication as to when the case will be heard.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

Report from Compass Direct News
http://www.compassdirect.org

Two Christians Slain in Attack Outside Church in Pakistan


Muslim youths kill two, wound two others after dispute over teasing of Christian women.

KARACHI, Pakistan, March 22 (CDN) — Two Christians were gunned down and two others are in a serious condition with bullet wounds after Muslim youths attacked them outside a church building in Hyderabad last night, witnesses said.

Residents of Hurr Camp, a colony of working-class Christians in Hyderabad in Sindh Province, were reportedly celebrating the 30th anniversary of their Salvation Army church when a group of Muslim youths gathered outside the building and started playing music loudly on their cell phones. They also started teasing Christian women as they arrived for the celebration, according to reports.

Christians Younis Masih, 47, Siddique Masih, 45, Jameel Masih, 22, and a 20-year-old identified as Waseem came out of the church building to stop the Muslim youths from teasing the Christian women, telling them to respect the sanctity of the church. A verbal clash ensued, after which the Muslim youths left, only to return with handguns.

Witnesses told Compass by phone that the Muslim youths opened fire on the Christians, killing Younis Masih and Jameel Masih instantly, and seriously injuring Siddique Masih and Waseem. The injured men have been transferred to a hospital in Karachi, the provincial capital of Sindh.

Younis Masih is survived by his wife and four children, while Jameel Masih was married only a month ago, and his sudden death has put his family into a state of shock.

“My son had gone to the church to attend the anniversary celebrations from our family…a few hours later we were told about his death,” a wailing Surraya Bibi told Compass by telephone from Hyderabad. “I got him married only a month ago. The cold-blooded murderers have destroyed my family, but our most immediate concern is Jameel’s wife, who has gone completely silent since the news was broken to her.”

She said the local police’s indifference towards the brutal incident had exacerbated the Christians’ sorrow.

“The police were acting as if it was not a big deal,” she said. “They did not register a case until late at night, when all of us blocked the main Hyderabad Expressway along with the two dead bodies for some hours.”

Jameel Masih’s paternal uncle, Anwar Masih, told Compass that police were biased against the Christians, as “none of the accused has been arrested so far, and they are roaming the area without any fear.”

He said police had taken into custody some teenagers who had no involvement in the killings.

“This has been done just to show their senior officials that they are not sitting idle,” he said.

Anwar Masih said the families had little hope for justice, because “if we have to dishonor the dead bodies by placing them on the roads to get a case registered, what should we hope for when the investigations begin?”

He said that during their protest, some leaders of the Muttahida Qaumi Movement, a regional political party known for its secular but often violent ideology, arrived and suggested the Christians retaliate against the Muslims.

“We told them that as Christians we are not going to take the law into our hands,” Anwar Masih said.

He said that Jameel Masih’s father, Sardar Masih, and the other Christians would visit the Baldia Colony police station Wednesday morning (March 23) to see whether there has been any progress in the investigation.

“Please pray for us,” he said.

Compass made efforts to contact Hyderabad District Police Officer Munir Ahmed Sheikh to ask about progress in the case and whether any of the named suspects have been arrested by police, but the calls were unanswered.

The killing of the two Christians comes a week after another Christian, sentenced to life imprisonment on false blasphemy charges, died in Karachi Central Prison. The family of Qamar David claims he was murdered on March 15, while conflicting reports from the jail suggest that he died of heart failure.

If David died from torture, yesterday’s killings bring the number of Christians murdered in March alone to four, the most prominent among them being Federal Minister for Minority Affairs Shahbaz Bhatti, who was assassinated in Islamabad on March 2 for opposing the country’s controversial blasphemy laws.

Report from Compass Direct News
http://www.compassdirect.org

Christians Decry Malaysia’s Detention of Bible Books


After stopping 5,100 Bibles in 2009, authorities withhold 30,000 Malay-language copies.

KUALA LUMPUR, Malaysia, March 14 (CDN) — The detaining of 30,000 copies of the New Testament, Psalms and Proverbs in the Malay language at Malaysia’s Kuching Port has “greatly disillusioned” the nation’s Christian community.

The books, imported from Indonesia by the local branch of Gideons International for distribution in schools, churches and longhouses in Betong, Saratok and other Christian areas in Sarawak state, have been detained at the Kuching Port since January.

Authorities told an unnamed officer of the importer on Jan. 12 that he could not distribute the books in Sarawak state, on the island of Borneo, since they “contained words which are also found in the Quran,” according to online news agency Malaysiakini. The officer was ordered to transport the books to the Home Ministry’s office for storage.

Last week, when the same officer enquired of the Home Ministry officials on the status of the Malay Bibles, authorities said they had yet to receive instructions on the matter.

This is not the first time government authorities have detained Malay-language Bibles, and Bishop Ng Moon Hing, chairman of Christian Federation of Malaysia, decried the action.

“The CFM is greatly disillusioned, fed-up and angered by the repeated detention of Bibles written in our national language,” Ng said. “It would appear as if the authorities are waging a continuous, surreptitious and systematic program against Christians in Malaysia to deny them access to the Bible in [Malay].”

An earlier consignment of 5,100 copies of the Good News Bible in Malay, imported by the Bible Society of Malaysia, was detained in Port Klang in March 2009. Together with this latest seizure, the total number of Bibles seized and remaining in possession of the Home Ministry amounts to 35,100 copies.

The CFM, representing a majority of Christians in Malaysia, released a statement on March 10 asserting, “All attempts to import the Bible in Bahasa Malaysia [Malay], i.e. the Alkitab, whether through Port Klang or the Port of Kuching, have been thwarted” since March 2009.

Prior to March 2009, there had been several such incidents, and “each time, tedious steps had to be taken to secure their release,” according to the CFM.

A significant 64 percent of Malaysian Christians are indigenous people from Sabah and Sarawak states who use the Malay language in their daily life. Christian leaders say having Bibles in the Malay language is crucial to the practice of their Christian faith.

Christians make up more than 9 percent of Malaysia’s nearly 28 million people, according to Operation World.

This latest Bible book seizure has irked Christians and drawn criticisms from politicians spanning both sides of the political divide.

The Sarawak Ministers Fellowship issued a statement registering its “strong protest,” describing the detention of the books as “unconstitutional” and in violation of the 18-point agreement for Sarawak in the formation of Malaysia.

Representing the opposition political party, People’s Justice Party (Sarawak Parti Keadilan Rakyat) Chief Baru Bian described the withholding as “religious harassment” and “a blatant disregard of our constitutional right as Christians in Malaysia.”

Chua Soi Lek, president of the Malaysian Chinese Association, a political party within the ruling coalition National Front, proposed that Malay Bibles be allowed to be printed locally. The deputy chief minister of Sarawak, Dr. George Chan, expressed the state government’s willingness to publish the Malay Bible locally.

Home Minister Hishammuddin Hussein was quoted in The Star newspaper today as saying, “The issue … is being resolved amicably with the parties concerned,” though how this was taking place was not apparent. The home minister has reportedly said the books had been withheld pending an appeal over the use of the word “Allah” in The Herald catholic newspaper.

Secretary-General of Malaysian Muslim Youth Movement Mohamad Raimi Abdul Rahim has called for the government to enforce the ban on use of the word “Allah” by non-Muslims nationwide, including in Sabah and Sarawak.

In a controversial court ruling on Dec. 31, 2009, Judge Lau Bee Lan had allowed The Herald to use the word “Allah” for God in the Malay section of its multilingual newspaper. The Home Ministry filed an appeal against the decision on Jan. 4, 2010, but to date there is no indication as to when the case will be heard.

Report from Compass Direct News

Indonesian Churches Wary of Islamist Offer of ‘Protection’


Following attacks, Islamic Defenders Front’s Christmas gesture rings hollow.

DUBLIN, December 21 (CDN) — In the wake of several attacks on worship services by Indonesia’s notorious Islamic Defenders Front (FPI), several Jakarta area church leaders rejected the FPI’s offer to help protect them over Christmas.

FPI leader Rizieq Shihab made the offer last week, saying he was working in cooperation with the Indonesian Communion of Churches and the Indonesian Bishops Conference. But several churches publicly rejected the offer, with online forums comparing FPI church protection to “foxes protecting a chicken coop.”

Jakarta’s police chief on Friday (Dec. 18) promised protection for every “registered” church in the area, The Jakarta Globe reported. Many Indonesian churches are unregistered, however, since they fail to meet the strict conditions of a Joint Ministerial Decree (SKB) governing places of worship.

The Indonesian public has harshly criticized FPI members for their role in multiple church attacks over the past year and faulted police and politicians for failing to intervene.

The most recent attack occurred last Sunday (Dec. 19), when more than 100 Islamists gathered outside the sealed home of the Rev. Badia Hutagalung of Huria Kristan Batak Protestan (HKBP) church in Rancaekek to disrupt worship services, sources said.

Another attack on Sept. 12 led to the arrest and detention of 13 FPI members, including Murhali Barda, leader of the FPI’s Bekasi branch. During the attack, assailants stabbed and critically wounded church elder Hasian Sihombing and beat the Rev. Luspida Simanjuntak over the head with a wooden beam. (See, “Indonesian Church Leaders Wounded in Attack,” Sept. 15.)

 

‘Christians Should Not Provoke Us’

After making the offer of FPI assistance at the Jakarta police headquarters on Dec. 14, Shihab told The Jakarta Post that “Islam is not allowed to disrupt other religions worship,” but he added the warning that “Christians should not provoke us.”

His offer came just two days after some 300 Islamists from FPI, the Indonesian Ulama Forum and the Islamic Reformist Movement, together with civil service police officers, raided and forcibly closed seven churches in Rancaekek. (See "Islamists Raid House Churches in West Java," Dec. 17.)

Sub-district head Meman Nurjaman on Nov. 16 had sent out a decree ordering 11 churches in Rancaekek to close, citing protests from the local community. Nurjaman later admitted that he had acted under pressure from Muslim hardliners living outside the housing estate, according to a Compass source, who added that Nurjaman had no legal authority to issue the decree.  

During the Dec. 12 raid, Islamists forcibly removed at least 100 worshipers from a residential building used by the HKBP Bethania church and several other churches, and they urged the local government to seal the building immediately because it was not a registered place of worship.

Hutagalung said the congregation only worshipped there because they could not meet the terms of the SKB, which requires proof of at least 90 church members, signatures of approval from at least 60 local residents, and approval from village officials and a local interfaith forum.

The mob also attacked six other house churches in Rancaekek on Dec. 12, forcing five of the seven to close.

A day after the raids, Adj. Sr. Comr. Hendro Pandowo, the Bandung police chief, said Christians in Bandung should refrain from putting themselves in harm’s way.

“If they pray in churches, I will protect them if anybody disturbs them,” he told the The Jakarta Globe. “If they pray in places they are not allowed to, they are breaking rules, so why would I protect them?”

Readers posting comments to the Globe article online said it was almost impossible for congregations to obtain a building permit under existing regulations, leaving them no option but to worship in private homes or empty building sites.

One reader, identified only by the log-in name of Aki-Amani, wrote, “Thank you Chief Hendro for your promise of protection – if we follow your dictates. However, don’t be surprised if we are found anywhere, everywhere … praying as we go about our daily activities at home and in the market place, whether you approve and will protect us or not.”

 

Christmas Security

Jakarta police on Friday (Dec. 18) met with leaders representing 1,600 churches in greater Jakarta to discuss security measures for the Christmas season.

Jakarta Police Chief Insp. Gen. Sutarman, identified only by a single name, said at least 9,000 security personnel would be deployed in and around churches in greater Jakarta as part of a total 87,000 security personnel stationed at houses of worship throughout Indonesia over the Christmas and New Year season, the Globe reported.

Police began providing Christmas security for churches after a series of 38 coordinated church bombings on Dec. 24, 2000, left at least 18 people dead and dozens injured across the nation. The bombings were organized by Jemaah Islamiyah, a local Islamic terrorist group.

“The Jakarta police guarantee that celebrations will be conducted peacefully across all churches registered with us in the city,” Sutarman reportedly said.

What that implies for unregistered churches remains to be seen.

Spokesmen from two unregistered churches told the Globe they would meet this Christmas despite explicit threats from the FPI to ransack “controversial” Christmas celebrations.

The congregation of HKBP Filadelfia in Bekasi will meet in a tent on the street next to their sealed church, despite the risk of further aggression or physical harm from the FPI, sources said.

Members of Gereja Kristen Indonesia Yasmin in Bogor, however, reportedly said they will break open the seals on their partially-constructed church, closed in September due to pressure from the FPI and other hard-line groups despite having a legal permit.

“We want to celebrate religious freedom in our church,” spokesman Bona Sigalingging told reporters, adding that police would not be asked to provide security.

Report from Compass Direct News

Pakistani Woman Appeals Death Sentence for ‘Blasphemy’


District judge bows to pressure of local Muslims, handing down stunning sentence to Christian.

LAHORE, Pakistan, November 13 (CDN) — Attorneys for a Christian mother of five sentenced to death by hanging for allegedly speaking ill of Muhammad, the prophet of Islam, have filed an appeal of the verdict, they said.

Bowing to pressure from Muslim extremists in Pakistan, according to the Christian woman’s husband and rights groups, a district court judge handed down the stunning sentence to Asia Noreen on Monday (Nov. 8). Additional District and Sessions Judge Naveed Ahmed Chaudhary of Nankana Sahib district delivered the verdict under Pakistan’s controversial “blasphemy” statute, the kind of law that a resolution before the United Nations condemning “defamation of religions” would make legitimate internationally.

Noreen is the first woman to be sentenced to death under Pakistan’s widely condemned law against defaming Islam.

Noreen’s lawyer, Chaudhry Tahir Shahzad, said that among other allegations, she was accused of denying that Muhammad was a prophet.

“How can we expect a Christian to affirm a Muslim belief?” Shahzad said. He added that he and lawyer Manzoor Qadir had filed an appeal against the district sessions court’s verdict in the Lahore High Court.

Asia (alternately spelled Aasya) Noreen has been languishing in isolation in jail since June of last year after she argued with fellow field workers in Ittanwali village who were trying to pressure her into renouncing Christianity. Her husband, Ashiq Masih, told Compass that the argument began after the wife of an Ittanwali elder sent her to fetch water in Nankana Sahib district, about 75 kilometers (47 miles) from Lahore in Punjab Province.

The Muslim women told Noreen that it was sacrilegious to drink water collected by a non-Muslim, he said.

“My wife only said, ‘Are we not all humans?’ when the Muslim women rebuked her for her faith,” Masih, a field laborer, told Compass by telephone. “This led to an altercation.”

Centre for Legal Aid Assistance and Settlement (CLAAS) General Secretary Katherine Sapna told Compass that the women told Muslim cleric Muhammad Salim about the incident, and he filed a case with police on the same day, June 14, 2009.

On June 19, 2009, Masih said, the Muslim women suddenly raised a commotion, accusing Noreen of defaming Muhammad.

“Several Muslim men working in the nearby fields reached the spot and forced their way into our house, where they tortured Asia and the children,” said Masih, who confirmed that his wife is 45 years old and that they have five children – four girls and a boy, the oldest daughter 20.

Police arrived and took his wife into custody, presumably for her own protection, he said.

“They saved Asia’s life, but then later a case was registered against her under Sections 295-B and C [blaspheming the Quran and Muhammad, respectively] at the Nankana police station on the complaint of Muhammad Salim, the local imam [prayer leader] of the village,” he said. “Asia has been convicted on false charges. We have never, ever insulted the prophet Muhammad or the Quran.”

Salim reportedly claimed that Noreen confessed to speaking derogatorily of Islam’s prophet and apologized. Under immense pressure from local Muslims, according to Masih, CLAAS and Sohail Johnson of Sharing Life Ministry, local judge Chaudhary ruled out the possibility that Noreen was falsely accused. In spite of repeated efforts by the Muslim women to pressure her into renouncing her faith, the judge also reportedly ruled “there were no mitigating circumstances.”

Chaudhary also fined her 100,000 rupees (US$1,150), according to CLAAS.

Ataul Saman of the National Commission for Justice and Peace (NCJP) said that lower court verdicts in blasphemy cases are usually overturned by higher courts. He said lower court proceedings take place under intense pressure, with local Muslims gathering outside and chanting slogans to pressure judges. Saman added that NCJP research showed that up to 80 percent of blasphemy charges are filed against people to settle personal scores.

Rights groups have long criticized Pakistan’s blasphemy laws as too easily used to settle grudges or oppress religious minorities, such as the more than 4 million Christians that Operation World estimates out of Pakistan’s total population of 184.7 million. To date no one has been executed for blasphemy in Pakistan, as most are freed on appeal after suffering for years under appalling prison conditions. Vigilantes have killed at least 10 people accused of blasphemy, rights groups estimate.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Between 1986 and August 2009, at least 974 people have been charged with defiling the Quran or insulting Muhammad, according to the NCJP. Those charged included 479 Muslims, 340 Ahmadis, 119 Christians, 14 Hindus and 10 from other religions.

Johnson of Sharing Life Ministry, which is active in prisons and has been following Noreen’s case from the onset, said he was impressed by her continued faith.

“A week before the verdict, I went to visit Asia in jail,” he said. “I asked her what she was expecting. She told me that Jesus would rescue her from this fake case.”

The verdict was shocking in that no one was expecting a death sentence for a woman, he said. Masih agreed.

“Asia was hoping that the judge would free her and she would come home to be with us, but this conviction has dashed our hopes for now,” Masih said.

He said that since the sentencing, authorities have not allowed him or other members of their family to visit his wife.

“We don’t know yet how she is, but we trust the Lord,” he said. “Asia is suffering for Jesus, and He will not forsake her.”

Report from Compass Direct News

Christians in Turkey Acquitted of ‘Insulting Turkishness’


But court heavily fines them for dubious conviction of collecting personal data.

ISTANBUL, October 19 (CDN) — After four years of legal battle in a Turkish court, a judge acquitted two Christians of insulting Turkey and its people by spreading Christianity, but not without slapping them with a hefty fine for a spurious charge.

Four years ago this month, Turan Topal, 50, and Hakan Tastan, 41, started a legal battle after gendarmerie officers produced false witnesses to accuse them of spreading their faith and allegedly “insulting Turkishness, the military and Islam.”

At the Silivri court an hour west of Istanbul, Judge Hayrettin Sevim on Thursday (Oct. 14) acquitted the defendants of two charges that they had insulted the Turkish state (Article 301) and that they had insulted its people (Article 216) by spreading Christianity. Sevim cited lack of evidence.

He found them guilty, however, of collecting information on citizens without permission (Article 135) and sentenced them to seven months of imprisonment each. The court ruled that the two men could each pay a 4,500 lira (US$3,170) fine instead of serving time, said their lawyer Haydar Polat.

Tastan expressed mixed feelings about the verdicts.

“For both Turan and I, being found innocent from the accusation that we insulted the Turkish people was the most important thing for us, because we’ve always said we’re proud to be Turks,” Tastan said by telephone. “But it is unjust that they are sentencing us for collecting people’s information.”

At the time of their arrests, Topal and Tastan were volunteers with The Bible Research Center, which has since acquired official association status and is now called The Association for Propagating Knowledge of the Bible. The two men had used contact information that individuals interested in Christianity had volunteered to provide on the association’s website.

Administrators of the association stated openly to local authorities that their goal was to disseminate information about Christianity.

The two men and their lawyer said they will be ready to appeal the unjust decision of the court when they have seen the official statement, which the court should issue within a month. Polat said the appeal process will take over a year.

“Why should we have to continue the legal battle and appeal this?” asked Tastan. “We are not responsible for the information that was collected. So why are they fining us for this? So, we continue our legal adventure.”

Still, he expressed qualified happiness.

“We are free from the charges that we have insulted the Turkish state and the people of Turkey and we’re glad for that, but we are sorry about the court’s sentence,” Tastan said. “We’re happy on one hand, and sorry on the other.”

The court hearing lasted just a few minutes, said Polat.

“The judges came to the court hearing ready with their decision,” Polat said. “Their file was complete, and there was neither other evidence nor witnesses.”

Polat was hesitant to comment on whether the decision to convict the men of collecting private data without permission was because they are Christians. He did underline, however, that the court’s decision to fine the men was unjust, and that they plan to appeal it after the court issues an official written verdict.

“This was the court’s decision,” said Polat, “but we believe this is not fair. This decision is inconsistent with the law.”

 

Christianity on Trial

The initial charges in 2006 against Tastan and Topal were based on “a warning telephone call to the gendarme” claiming that some Christian missionaries were trying to form illegal groups in local schools and making insults against Turkishness, the military and Islam.

In March 2009 the Turkish Ministry of Justice issued a statement claiming that approval to try the two men’s case under the controversial Article 301came in response to the “original” statement by three young men that Topal and Tastan were conducting missionary activities in an effort to show that Islam was a primitive and fictitious religion that results in terrorism, and to portray Turks as a “cursed people.”

Two of the three witnesses, however, stated in court that they didn’t even know Topal and Tastan. The third witness never appeared in court. Prosecutors were unable to produce any evidence indicating the defendants described Islam in these terms. At the same time, they questioned their right to speak openly about Christianity with others.

Polat and his legal partners had based their defense on the premise that Turkey’s constitution grants all citizens freedom to choose, be educated in and communicate their religion, making missionary activities legal.

“This is the point that really needs to be understood,” Polat told Compass last year. “In Turkey, constitutionally speaking, it is not a crime to be a Christian or to disseminate the Christian faith. However, in reality there have been problems.”

The lawyer and the defendants said that prosecuting lawyers gave political dimensions to the case by rendering baseless accusations in a nationalistic light, claiming that missionary activities were carried out by imperialistic countries intending to harm Turkey.

Tastan and Topal became Christians more than 15 years ago and changed their religious identity from Muslim to Christian on their official ID cards.

Initially accompanied by heavy media hype, the case had been led by ultranationalist attorney Kemal Kerincsiz and a team of six other lawyers. Kerincsiz had filed or inspired dozens of Article 301 court cases against writers and intellectuals he accused of insulting the Turkish nation and Islam.

Because of Kerincsiz’s high-level national profile, the first few hearings drew several hundred young nationalist protestors surrounding the Silivri courthouse, under the eye of dozens of armed police. But the case has attracted almost no press attention since Kerincsiz was jailed in January 2008 as a suspect in the overarching conspiracy trials over Ergenekon, a “deep state” operation to destabilize the government led by a cabal of retired generals, politicians and other key figures. The lawyer is accused of an active role in the alleged Ergenekon plot to discredit and overthrow Turkey’s ruling Justice and Development Party government.

Ergenekon has been implicated in the cases of murdered priest Andreas Santoro, Armenian editor Hrant Dink, and the three Christians in Malatya: Necati Aydin, Ugur Yuksel and Tilmann Geske.

In a separate case, in March of 2009 Tastan and Topal were charged with “illegal collection of funds.” Each paid a fine of 600 Turkish lira (US$360) to a civil court in Istanbul. The verdict could not be appealed in the Turkish legal courts. This ruling referred to the men receiving church offerings without official permission from local authorities.

Report from Compass Direct News

Rick Warren Speaks at Desiring God National Conference


Controversial preacher Rick Warren was to speak at the Desiring God National Conference in the USA. The invitation to Rick Warren by John Piper caused great concern to many reformed believers.

See more at:

http://www.christianpost.com/article/20101001/rick-warren-to-speak-at-calvinist-event-despite-some-opposition/

 

Homosexual activist speaks at ‘Christian’ festival in UK


Leading homosexual activist Peter Tatchell appeared at the Greenbelt festival on 28 August to speak about “the struggle for queer freedom in Africa,” reports Christian Concern for our Nation.

Greenbelt, a controversial ‘Christian’ festival, drew over 21,000 visitors this year. The festival is sponsored by Christian Aid, CMS, the Church Times, the Church Urban Fund and the Mothers Union.

Prior to the weekend, Mr. Tatchell had told Ekklesia that he was “looking forward” to the weekend and that, while not a Christian himself, “we have more in common than divides us”. In his talk he spoke about homosexual rights and the church, and accused the Archbishop of Canterbury, Rowan Williams, of “colluding” with the persecution of homosexuals in Africa.

Anglican Mainstream encouraged people to boycott Greenbelt because of Mr. Tatchell’s presence on the programme. Spokesman Lisa Nolland said that “Greenbelt, ‘the UK’s largest Christian festival’, is sending out a sub-text that is totally at odds with a Christian understanding of sexuality by including Peter Tatchell on its programme.”

“Young people who attend Greenbelt and hear Peter Tatchell are given false assurance that Peter Tatchell is the sort of person they should be listening to. Greenbelt has enough respect for Peter Tatchell as a public figure to place him on the platform …….thus, there is a de facto legitimisation of the plausibility of his views across the board.”

Mr. Tatchell is well known for his view that the age of consent should be lowered to 14 for homosexuals. On his website he states that if children under 14 have consensual sex, and if there is no greater than a three year age differential, there should not be a prosecution.

Mr. Tatchell is also a strong advocate of pornography which he believes is good for people. In his book “Safer Sexy: The Guide to Gay Sex Safely” he writes approvingly of sadomasochism, bondage, infidelity, orgies and public cruising for sex.

On 12 April 1998 Mr. Tatchell was prosecuted for leading an OutRage! protest which disrupted the Easter sermon by the then Archbishop of Canterbury, George Carey, with Mr. Tatchell forcing his way onto the pulpit to denounce what he claimed was George Carey’s opposition to legal equality for homosexuals.

Andrea Minichiello Williams of Christian Concern for our Nation said: "We wholeheartedly support the statements of Lisa Nolland and the brave stand that Anglican Mainstream has taken. We are living in a time when the church at large has been deeply compromised by a failure to stand for the truth of the gospel and has allowed itself to be strongly influenced by current fashionable political trends."

Report from the Christian Telegraph