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The misguided sheikh and free speech

By Mirko Bagaric - posted Monday, 15 January 2007


It is outrageous that the sheikh for his comments is being pilloried by the media and the community far more than other community leaders who in recent times have been guilty of serious criminal conduct, including sexual misconduct against women and sometimes even children. The most obvious explanation for the over-reaction is the racist tinge that still exists in some parts of Australia.

Politicians and social commentators have questioned the sheikh’s commitment to Australia's democratic values and have encouraged him not to come back to Australian if he doesn’t like our ways. Calls for him to stand down from his position as Mufti of Australia have also intensified.

Regrettably it seems that it is not only the sheikh who needs some cajoling to his value set. An unshakeable feature of democracy is that within the bounds of the law, citizens are permitted to express their views (no matter how unpopular) without fear of reprisal. Pressuring people to abdicate fundamental freedoms on account of their misinformed and unpopular views significantly diminishes the democratic ideal.

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The sheikh hasn’t broken any laws. He is just a stale old man, who missed the women’s liberation movement and obviously didn’t study Australian History 101. He is not deserving on any tangible punishment - ridicule is enough.

Moreover, like all people he should be given a reasonable opportunity to correct his attitudinal failings. Australia after all is the place of a fair go - hopefully in time Muslims can also get the benefit of our forgiveness.

While the sheikh is reflecting on the impertinence of his comments, many people in the community should take time out to reflect on the reasons for the gross over-reaction to the outdated ramblings of an increasingly unrepresentative voice in the Muslim community.

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About the Author

Mirko Bagaric, BA LLB(Hons) LLM PhD (Monash), is a Croatian born Australian based author and lawyer who writes on law and moral and political philosophy. He is dean of law at Swinburne University and author of Australian Human Rights Law.

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