Wednesday, 26 August 2009

A tradition challenged !

During a recent court appearance several Muslim men refused to stand as is the tradition at the opening of the court and the entrance of the judge. They attempted to introduce a religious aspect by claiming that " they would only stand before God. "

This seems to be an act of defiance, signalling that they reject the authority of the legal system in Australia and do not feel bound to respect the laws that it makes. In this instance they made no claim of only respecting Sharia law.

Now that this act of defiance has been widely reported it seems certain that we will see it repeated in many other courts. The legal system must decide how it responds to this challenge.

A refusal to stand could be treated as contempt of court and the instigator held in custody for a length of time determined by the judge or magistrate.

This would probably be interpreted as an attack on Islam by radical fundamentalists and become a new way of testing the system.

The legal world may determine that standing as a mark of respect is simply a leftover from a distant age - and discontinue the custom. There is precedent. There was a time when the national anthem was played at the conclusion of films shown in theatres - and the public stood and waited for it's conclusion before leaving.

Many old traditions continue without question - until somebody refuses to comply. This seems to be one of those occasions. Now would be the time to determine a suitable response - and either drop the requirement - or insist that those who refuse face unpleasant consequences.

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