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ISLAM XXXXX Hyder Gulam
XXXXXXX Registered Nurse Barrister & Solicitor Accredited Mediator FRCNA
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Aims of this Brief
Enable understandingEnable understandingof Islamof Islam
Dispel popular Dispel popular MythsMyths aboutaboutIslam/MuslimsIslam/Muslims
Roots of Muslim RageRoots of Muslim Rage
Islamic law 101Islamic law 101
Tips for InvestigatorsTips for Investigators
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Some Myths about Islam
All Muslims are Arabs.All Muslims are Arabs.
All Arabs are Muslims.All Arabs are Muslims.
Muslims dislike Christians/JewsMuslims dislike Christians/JewsAll Muslims are potential TerroristsAll Muslims are potential Terrorists
A Jihad is a Holy War against the WestA Jihad is a Holy War against the West
Muslims oppress women - Muslim leaders.Muslims oppress women - Muslim leaders.
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Major Principals
Treat people with compassion, mercy andTreat people with compassion, mercy andsincerity.sincerity.
Social duties in Islam.Social duties in Islam.
There is no compulsion in religion..There is no compulsion in religion.. HolyHolyQur Qur an (2:256)an (2:256)
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Muslims in Australia
Approx 20% of WorldApprox 20% of World s Peoples ares Peoples areMuslims.Muslims.
Approx +2% of Australians are Muslims.Approx +2% of Australians are Muslims.33% of Australian Muslims are born in33% of Australian Muslims are born inAustralia.Australia.The Ghan and 1650 AD Muslim fishermenThe Ghan and 1650 AD Muslim fishermen
3.9% Australians with Higher Degrees are3.9% Australians with Higher Degrees areMuslimsMuslims (cp 2.7% other - 1996 Census)(cp 2.7% other - 1996 Census)
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Some Islamic Words
Allah - The Arab Word for God - Used byAllah - The Arab Word for God - Used byMuslims as the Name of God.Muslims as the Name of God.
Islam - The Muslim Religion.Islam - The Muslim Religion.
Muslim - An adherent of Islam. One whoMuslim - An adherent of Islam. One whosubmits to the will of Allah.submits to the will of Allah.
Mosque - Muslim place of Worship.Mosque - Muslim place of Worship.
Hajj - Pilgrimage to Mecca.Hajj - Pilgrimage to Mecca.
Zakaat - Annual excise 2.5% to poor.Zakaat - Annual excise 2.5% to poor.
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The Five Pillars
Belief in One God (the Shahada).Belief in One God (the Shahada).
Prayers (Salaat) - 5 Obligatory Prayers.Prayers (Salaat) - 5 Obligatory Prayers.
Fasting - Ramadan.Fasting - Ramadan.Zakaat - Compulsory annual excise of 2.5%Zakaat - Compulsory annual excise of 2.5%to the poor and needy.to the poor and needy.
Hajj - The Pilgrimage to Mecca.Hajj - The Pilgrimage to Mecca.
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Articles of Islamic Faith
There exists one God, the creator andThere exists one God, the creator andsustainer of the Universe.sustainer of the Universe.
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Articles of Islamic Faith
God has sent Divine Revelation throughGod has sent Divine Revelation throughexemplars of humanity - ie the Prophetsexemplars of humanity - ie the Prophets
Examples of Holy BooksExamples of Holy BooksTorahTorah
PsalmsPsalms
BibleBibleQuranQuran
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Articles of Islamic Faith
There is a Hereafter There is a Hereafter
In the Hereafter we will account for our In the Hereafter we will account for our
actions in the world.actions in the world.We will be rewarded accordingly.We will be rewarded accordingly.
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Articles of Islamic Faith
The existence of AngelsThe existence of Angels
eg. Gabrieleg. Gabriel
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Articles of Islamic Faith
Belief in Divine Providence, Fate (Kismet)Belief in Divine Providence, Fate (Kismet)
God is the All Wise, knows all actionsGod is the All Wise, knows all actions
and events -and events -Both Good and Bad.Both Good and Bad.
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Appropriate Behaviour
Even non practisers, believe and respect ISLAM!Even non practisers, believe and respect ISLAM!
It is important not to make fun of/degradeIt is important not to make fun of/degrade
Muslim Belief Muslim Belief ShrinesShrines
Holy QuranHoly Quran
MosquesMosques
Prophets etcProphets etc
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Appropriate Behaviour
Muslims are offended by swearing:Muslims are offended by swearing:
at family and themselves.at family and themselves.
In front of family and relatives.In front of family and relatives.
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Appropriate Behaviour
Quran is not an ordinary book.Quran is not an ordinary book.
Do not place it on the floor.Do not place it on the floor.
Do not touch it without permission.Do not touch it without permission.
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Appropriate Behaviour
Muslims do notMuslims do notdisplay the areadisplay the area
between their naval between their navaland their knees.and their knees.They do not like toThey do not like tolook at others.look at others.
They dislike beingThey dislike beingseen in the nude.seen in the nude.
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Appropriate Behaviour
Muslims do not likeMuslims do not like being interrupted being interruptedwhile praying.while praying.
They do not like beingThey do not like beinggiven insultinggiven insultingnicknames.nicknames.
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Sunni Muslims
About 90% of Muslims are SunniAbout 90% of Muslims are Sunni
Guidance from Allah only from Quran andGuidance from Allah only from Quran and
HadithHadithImam merely teaches faithful about QuranImam merely teaches faithful about Quranand leads through the prayers.and leads through the prayers.
They hold to the orthodox, traditional IslamThey hold to the orthodox, traditional Islamas taught by Prophet Muhammad (pbuh).as taught by Prophet Muhammad (pbuh).
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Shiite Muslims
Leadership of Muslim community shouldLeadership of Muslim community shouldremain with descendants of Ali.remain with descendants of Ali.
Order of Imams finished.Order of Imams finished.Mainly found in Iran, Iraq, Yemen,Mainly found in Iran, Iraq, Yemen,Lebanon, Afghanistan and IndiaLebanon, Afghanistan and India
Mahdi will conquer evil and reward ShiMahdi will conquer evil and reward Shi itesites
Stress that martyrdom is a means of Stress that martyrdom is a means of reaching God.reaching God.
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Food
Muslims do not eatMuslims do not eatPork.Pork.
Muslims do not eatMuslims do not eatanything made fromanything made fromPork.Pork.
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Food
Muslims will eat chicken, lamb, and beef Muslims will eat chicken, lamb, and beef only if it has been slaughtered by People of only if it has been slaughtered by People of
the Book.the Book.Some may refrain just in case it wasnSome may refrain just in case it wasn ttslaughtered properly or contaminated byslaughtered properly or contaminated byPork.Pork.
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Food
Muslims do not eat food and consumeMuslims do not eat food and consumedrinks that are made from or contain alcoholdrinks that are made from or contain alcohol
and intoxicants.and intoxicants.Permitted Food is know has Halal Food.Permitted Food is know has Halal Food.
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Women
Women are specialWomen are special
Not for their Not for their shape/looksshape/looks
But for their But for their minds/roleminds/role
Many women find thisMany women find thistenant liberating.tenant liberating.
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HOLY DAYSFridays are veryFridays are veryimportant toimportant toMuslims.Muslims.
Month of RamadanMonth of Ramadanis Holy.is Holy.
Refrain fromRefrain fromeating, drinking,eating, drinking,sex from dawn tosex from dawn tosunset.sunset.
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Prayer Times
Dawn Fajr Early Dawn to SunriseDawn Fajr Early Dawn to Sunrise
Noon Zuhr Noon to early Afternoon Noon Zuhr Noon to early Afternoon
Afternoon Asr Mid Afternoon to SunsetAfternoon Asr Mid Afternoon to SunsetEvening Maghrib Sunset till light gone.Evening Maghrib Sunset till light gone.
Night Isha In hours of Darkness Night Isha In hours of Darkness
Prayer involves the whole body and facingPrayer involves the whole body and facingMecca.Mecca.
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The Jihad
Today term Jihad is used to apply to:Today term Jihad is used to apply to:
An inward struggle against humanAn inward struggle against human
passions. passions.An outward struggle against injustice.An outward struggle against injustice.
Jihad meansJihad means StrivingStriving ..
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The Roots of Muslim Rage:
Modern Islamist ideologyModern Islamist ideology
OsamaOsama bin Laden and the 1998 Fatwa bin Laden and the 1998 FatwaThe WestThe West s angry Muslimss angry Muslims
The threat within - revertsThe threat within - reverts
Genesis of suicide terrorismGenesis of suicide terrorism
ConvergenceConvergence
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Modern Islamist ideology
Sayyid Qutb b.1906 d.1966. Leading figure inSayyid Qutb b.1906 d.1966. Leading figure inMuslim Brotherhood.Muslim Brotherhood.Key figure in providing ideological template of Key figure in providing ideological template of contemporary militant Islam.contemporary militant Islam.Believed division b/w church & state created aBelieved division b/w church & state created ahideous schizophreniahideous schizophrenia in modern life, causingin modern life, causingalienation and contributing to the rise of alienation and contributing to the rise of secularism.secularism.
Promotion of Islamic civilization, not Arab.Promotion of Islamic civilization, not Arab.QuQu ran was not just a body of belief but a way of ran was not just a body of belief but a way of life - based on oneness with God.life - based on oneness with God.
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Modern Islamist ideology - cont
Absolute sovereignty of God - dominatesAbsolute sovereignty of God - dominateshuman existence, including government,human existence, including government,law, education and individual private life.law, education and individual private life.
West bestowed higher value on materialismWest bestowed higher value on materialismrather than on the dignity of the individual.rather than on the dignity of the individual.
Jihad as a legitimate method of seekingJihad as a legitimate method of seekingvictory over the ignorant - thus ensuring thevictory over the ignorant - thus ensuring the
sovereignty of God on earth.sovereignty of God on earth.
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Modern Islamist ideology - contWahhabism - Founded by MuhammedWahhabism - Founded by MuhammedAbdel Wahhab (18th Century Arabia)Abdel Wahhab (18th Century Arabia)Emphasized the singularity of God andEmphasized the singularity of God andunembellished strict adherence to theunembellished strict adherence to theQuQu ran.ran.Helped forge the religious legitimacy of theHelped forge the religious legitimacy of theal-Saud family against the Ottomanal-Saud family against the Ottoman s.s.Read QuRead Qu ranic verses literally andranic verses literally andahistorically .ahistorically .
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The Wests angry Muslims:
Spread of radical Islam among the descendants of Spread of radical Islam among the descendants of immigrants to Western countries.immigrants to Western countries.In Europe - part of the guest worker program,In Europe - part of the guest worker program,which provided cheap labour for Europewhich provided cheap labour for Europe s postwar s postwar economic boom.economic boom.Retained powerful attachments to their nativeRetained powerful attachments to their nativecultures.cultures.Formed enclaves - lack on assimilation andFormed enclaves - lack on assimilation and
multicultural programs by the State.multicultural programs by the State.Unemployed youth fromUnemployed youth from toughtough suburbs -suburbs -Lakemba, Bradford, Leicester, Marseilles, LyonLakemba, Bradford, Leicester, Marseilles, Lyonand Paris.and Paris.
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The threat within - reverts:
In Philippines, Muslim reverts used as specialIn Philippines, Muslim reverts used as specialoperatives.operatives.Ability of Western reverts to blend intoAbility of Western reverts to blend intocommunities and cross borders without detectioncommunities and cross borders without detection
based on profiling techniques. based on profiling techniques.Carry out surveillance on high value targets andCarry out surveillance on high value targets andterrorist attacks.terrorist attacks.Hizbullah special unit - Western appearance,Hizbullah special unit - Western appearance,
foreign language skills and false identities.foreign language skills and false identities.Western reverts - appear zealous to fulfill their Western reverts - appear zealous to fulfill their obligation.obligation.
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Genesis of suicide bombers:Underemployment seems to be factor:Underemployment seems to be factor: al-Qaidaal-Qaida recruits.recruits.Mean age - early twenties, males (some females -Mean age - early twenties, males (some females - BeslanBeslan ).).Almost all are unmarried and expressed religious belief Almost all are unmarried and expressed religious belief
before recruitment before recruitmentExhibit no social dysfunctional attributes.Exhibit no social dysfunctional attributes.Deeply religious - with belief in divine sanction.Deeply religious - with belief in divine sanction.
No correlation with depression or antisocial No correlation with depression or antisocial behaviour behaviour --strong individual pride and social cohesion.strong individual pride and social cohesion.Regarded religion as their most important personal value -Regarded religion as their most important personal value -secrecy over true knowledge of jihad.secrecy over true knowledge of jihad.MassiveMassive
Need to investigate any significant causal relations Need to investigate any significant causal relations between our society between our society s policies and actions ands policies and actions and thisethise of of terroristterrorist organisationsorganisations ..
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The Roots of Muslim Rage:
Minority view-not shared by majority of Muslims.Minority view-not shared by majority of Muslims.A life devoted to compliance withA life devoted to compliance with ShariahShariah isisconsidered inherently superior to all other legalconsidered inherently superior to all other legalcodes, and the followers of any other was arecodes, and the followers of any other was areconsidered infidels (considered infidels ( kuffar kuffar ).).The supremacist thinking of Muslim puritans has aThe supremacist thinking of Muslim puritans has a
powerful nationalist component, which is strongly powerful nationalist component, which is stronglyoriented towards cultural and political dominance.oriented towards cultural and political dominance.
These groups are not satisfied with livingThese groups are not satisfied with livingaccording to their own dictates, but are activelyaccording to their own dictates, but are activelydissatisfied with all alternative ways of life.dissatisfied with all alternative ways of life.
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Convergence:
Al-Qaida
HamasJI
MILF
Abu Sayaf
Iraqi-insurgent groups
Bath party cadres
Hezbollah
TalibanIran
Syria
LET and other Kashmiris
Southern Thailand
Western China
Muslim Brotherhood
Islamic Order of Assassins (hasashin)
Bosnia
Chechnya
Jamaat ul-Fuqra
GSPC
Global Salafist Jihad
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MEAO In Country Specifics:
Population:Population:24,683,313 (July 2003 est.)24,683,313 (July 2003 est.)Age structure:Age structure:0-14 years:0-14 years: 40.7% (male 5,103,669; female 4,946,443)40.7% (male 5,103,669; female 4,946,443)15-64 years:15-64 years: 56.3% (male 7,033,268; female 6,855,644)56.3% (male 7,033,268; female 6,855,644)65 years and over:65 years and over: 3% (male 348,790; female 395,499)3% (male 348,790; female 395,499)(2003 est.)(2003 est.)Median age:Median age:total:total: 19 years19 yearsmale:male: 18.9 years18.9 years
female: female: 19.1 years (2002)19.1 years (2002)
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Islamic law an introduction
ShariaSharia Arabic term for Islamic law.Arabic term for Islamic law.Means path or way to a water hole in the desert.Means path or way to a water hole in the desert.History of Islamic law begins with revelation of the Quran.History of Islamic law begins with revelation of the Quran.
Contains legal principles and injunctions dealing with suchContains legal principles and injunctions dealing with suchsubjects as family law, succession, commercial, penal &subjects as family law, succession, commercial, penal &international law.international law.Fatwa - legal ruling given by a recognised religiousFatwa - legal ruling given by a recognised religiousscholar in answer to a question of importance.scholar in answer to a question of importance.Severity of punishment is a deterrent to crime.Severity of punishment is a deterrent to crime.Imposition of punishment is strictly controlled by the lawImposition of punishment is strictly controlled by the lawof evidence - in doubt the penalty must not be imposed.of evidence - in doubt the penalty must not be imposed.
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Islamic Law sources:
1.1. QuranQuran Primary source of Primary source of
Islamic LawIslamic Law
2.1 SUNNATradition of Prophet Muhammad
3. ULAMA Religious Scholars
IJMA Consensus of Opinion
SCHOOLS OF JURISPRUDENCE (Madhabs)Hanafi, Malikite, Shafiite, and Hanabalite
5th major school is the Shia school.
2.2 HADITHStories & Anecdotes
5. LOGIC & REASON Analogical Deductions,
Public Interest,Other legal discourses
4. QIYAS new cases or case lawwhish may have already been
decided by a higher judge
SOURCE Islamic Law: Myths & Realities 222.muslims-canada.org/Islam_myths.htm
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Fatwa (plural: Fatawa)An opinion or ruling on a point of law in response to aAn opinion or ruling on a point of law in response to aspecific question.specific question.NOTNOT a death sentence!a death sentence!Result of a process of legal reasoning (Result of a process of legal reasoning ( ijtihad ijtihad ) based) basedon the Quran, sunna and the classic law/on the Quran, sunna and the classic law/ fiqhfiqhtextbooks produced by each Muslim school.textbooks produced by each Muslim school.NOTNOT legally binding: may followed or rejected bylegally binding: may followed or rejected bychoice.choice.Persuasive rather than binding authority: a lawyer Persuasive rather than binding authority: a lawyer ssopinion.opinion.Second opinionsSecond opinions are allowed.are allowed.Can only be issued by a recognised religious scholar:Can only be issued by a recognised religious scholar:aa muftimufti or or ulamaulama . There are also councils or . There are also councils or majelismajelisof scholars that issue collective fatwa.of scholars that issue collective fatwa.
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Hudud crimes
Specifically mentioned in the Quran -Specifically mentioned in the Quran -transgressing Godtransgressing God s limits.s limits.Purpose is to preserve peace, security and stabilityPurpose is to preserve peace, security and stability
Theft, highway robbery, drinking alcohol,Theft, highway robbery, drinking alcohol,unlawful sexual intercourse, false accusation,unlawful sexual intercourse, false accusation,defamation/slander and apostasy.defamation/slander and apostasy.Prescribed punishment - ie highway robbery:Prescribed punishment - ie highway robbery:death, crucifixation, cutting off the hand and footdeath, crucifixation, cutting off the hand and footon opposite sides, exile.on opposite sides, exile.Repentance or reparation cannot derogate from theRepentance or reparation cannot derogate from theseverity of the sentence.severity of the sentence.
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Theft (Al-sariqa)
Prescribed punishment is cutting off the hand.Prescribed punishment is cutting off the hand.Thief must be an adult;Thief must be an adult;Sane;Sane;Have criminal intent;Have criminal intent;
Not under duress, or forced to commit the theft by Not under duress, or forced to commit the theft byhunger or emergency;hunger or emergency;Property must have a prescribed amount in value;Property must have a prescribed amount in value;
Property must be owned by someone else;Property must be owned by someone else;Taken from a place where it was kept in custody.Taken from a place where it was kept in custody.
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Qisas - Equality in retaliationIntended to limit blood feuds.Intended to limit blood feuds.Deterrence - an eye for an eyeDeterrence - an eye for an eye ((taliontalion ))Gives a strict right to inflict same hurt on theGives a strict right to inflict same hurt on thewrongdoer as that inflicted on the victimwrongdoer as that inflicted on the victimRecommended that victim/heirs remit the penaltyRecommended that victim/heirs remit the penaltyand accept compensation (and accept compensation ( diyatdiyat ) instead.) instead.Forgiveness - material and spiritual inducement.Forgiveness - material and spiritual inducement.Table of maims sets out the appropriateTable of maims sets out the appropriate
compensation for various types of injuries.compensation for various types of injuries.Includes murder, manslaughter Includes murder, manslaughter
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Qisas - cont
Testimony of 2 witnesses required.Testimony of 2 witnesses required.Allows victim/family to say whether offender Allows victim/family to say whether offender should be executed or receive the same injuryshould be executed or receive the same injury
inflicted on the victim.inflicted on the victim.Traditional diyat was set at a 100 camels for theTraditional diyat was set at a 100 camels for thedeath of a person.death of a person.Relatives are expected to contribute if wrongdoer Relatives are expected to contribute if wrongdoer has insufficient funds.has insufficient funds. (Frank/Yvonne Gilford - 1999(Frank/Yvonne Gilford - 1999Saudi Arabia)Saudi Arabia)
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Taazir - Chastisement
Those crimes not included in the aboveThose crimes not included in the abovecategories - or evidence is lacking.categories - or evidence is lacking.Eg false witness, corruption, extortionEg false witness, corruption, extortion
Nature and punishment determined by the Nature and punishment determined by thestate, and awarded at the discretion of astate, and awarded at the discretion of a
judge. judge.Punishment based on rehabilitation, notPunishment based on rehabilitation, notretribution.retribution.
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Evidence in ShariahI am only a human being, and you bring your I am only a human being, and you bring your
disputes to me, some perhaps being moredisputes to me, some perhaps being moreeloquent in their plea than others, so that Ieloquent in their plea than others, so that Igive judgment on their behalf according togive judgment on their behalf according towhat I hear from them. Therefore, whenever what I hear from them. Therefore, whenever I decide for anyone which by right belongsI decide for anyone which by right belongsto his brother, he must not take anything, for to his brother, he must not take anything, for
I am granting him only a portion of Hell.I am granting him only a portion of Hell.
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Evidence - cont
Confessions can not be coerced.Confessions can not be coerced. Non-retroactivity of criminal law. Non-retroactivity of criminal law.Presumption of innocence/Right to silence.Presumption of innocence/Right to silence.
Habeas corpus remedy - cannot beHabeas corpus remedy - cannot besuspended by the Executive.suspended by the Executive.Rights of the accused pre-trial and during.Rights of the accused pre-trial and during.Right to counselRight to counsel
Hearsay not admissible.Hearsay not admissible.
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Some Important Tips
Use your right hand for all interactionsUse your right hand for all interactionsServe Halal FoodServe Halal FoodProvide empty room for Friday PrayersProvide empty room for Friday PrayersServe Food at night during RamadanServe Food at night during RamadanKeep Muslims together so that when theyKeep Muslims together so that when they
pray they won pray they won t disturb others/be disturbedt disturb others/be disturbedunless security/investigative reasonsunless security/investigative reasons
Muslims respect elders - use elders to solveMuslims respect elders - use elders to solve problems problems
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Tips - cont
Head & FeetHead & FeetPointing and A-OK signPointing and A-OK signPersonal appearance/ModestyPersonal appearance/ModestyTouchingTouching same sex and opposite sexsame sex and opposite sexGiving gifts to a Muslim - engraved imagesGiving gifts to a Muslim - engraved imagesor photos of women, especially suggestiveor photos of women, especially suggestive
images of any kind, ie. adult magazines or images of any kind, ie. adult magazines or trendy art objects.trendy art objects.
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REFERENCES
Abdur Rahman I. Doi,Abdur Rahman I. Doi, ShariShari ah: The Islamic Lawah: The Islamic Law (Kuala(KualaLumpur, A.S Noordeen, 1989)Lumpur, A.S Noordeen, 1989)
C.G Weeramantry,C.G Weeramantry, Islamic Jurisprudence: An International Islamic Jurisprudence: An International Perspective Perspective (Kuala Lumpur, The Other Press, 2001)(Kuala Lumpur, The Other Press, 2001)DCHAP-AF (HQTC-AF),DCHAP-AF (HQTC-AF), Information Brief on Islamic Information Brief on IslamicCultureCulture (Laverton, RAAF Williams Printing, 2002)(Laverton, RAAF Williams Printing, 2002)The Embassy of Saudi Arabia, Washington DC,The Embassy of Saudi Arabia, Washington DC,Understanding Islam and the MuslimsUnderstanding Islam and the Muslims (Islamic Affairs(Islamic Affairs
Department, Washington DC, 1989)Department, Washington DC, 1989)
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Useful WebLinks:
Islamic Council of VictoriaIslamic Council of Victoriahttp://www.icv.org.au/http://www.icv.org.au/
Islam For TodayIslam For Today
http://www.islamfortoday.comhttp://www.islamfortoday.com
The Duncan Black MacdonaldThe Duncan Black MacdonaldCentre for the study of IslamCentre for the study of Islamand Christian-Muslim Relationsand Christian-Muslim Relationshttp://http:// macdonald.hartsem.edumacdonald.hartsem.edu
The Muslim ConvertsThe Muslim Converts Association of SingaporeAssociation of Singaporehttp://www.darul-arqam.org.sghttp://www.darul-arqam.org.sg
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