Of course Dr. Mustapha Kara-Ali thinks that his group is exempt from Australian law. It is a key element of the Islamic belief system to think that Islamic law is the perfect law of Allah, superseding all “man-made” laws. Dr. Mustapha Kara-Ali will, accordingly, never assimilate, never adapt, never accept Australian mores, customs, principles, and laws. So why is he in Australia at all? To bring Australia to heel and make it obey Islamic law as he does. But that is the one point that seems constantly to elude Australian authorities, just as it eludes authorities all over the world.
A religious leader accused of illegal land clearing on a rural property used for religious prayer has claimed a Western Sydney council is infringing on his group’s religious freedoms by pursuing him over the allegations.
Hawkesbury City Council has launched civil action against Dr Mustapha Kara-Ali and Diaa Kara-Ali in the Land and Environment Court, alleging they carried out illegal land clearing, earthworks and built gates, fences and driveways without seeking any of the relevant development approvals at a property in Colo, in Sydney’s north west.
Mustapha Kara-Ali, a former member of then Prime Minister John Howard’s Muslim Community Reference Group and past postdoctoral fellow at Harvard University, is the Imam of religious guild Diwan Al Dawla….
The Colo property was owned by the members of Diwan Al Dawla and used “for the carrying out of religious activities of devotion, self-discipline, ritual baptism, inter-community prayers, contemplation and religious study,” the letter said.
A council compliance officer visited the property in October last year following an anonymous complaint to find land clearing, including a number of large native trees and the removal of metal waste, according to court documents.
Over the following months, more complaints were made and council staff returned several times to find people clearing vegetation, knocking down trees and that a main gate, driveways and a boat ramp on the river bank had been built, the documents state.
The Council also issued a $8,000 fine for pollution or potential pollution caused by failed sediment erosion fencing….
The conflict between council and the Kara-Alis came to a head last month when three council officers visited the property to provide them with court papers.
A dashcam video tendered to the court shows a man, standing beside Mustapha Kara-Ali, spitting on council staff and attempting to throw a large rock, which hits the fence and then falls to the ground.
“Both men were repeatedly yelling obscenities from the other side of the gate, calling out ‘you dogs, I step on your cross’,” one of the council staff alleged in an affidavit.
“The unknown male person said ‘I spit on you’. He then lunged his head forward towards me and spat at me.”
Religious charity ‘not required to comply’ with law
When the council wrote to Mustapha Kara-Ali directing him to remove a boat ramp and retaining walls at the property, he responded by claiming his organisation was exempt from Australian law because it was classed as a basic religious charity.
“The Australian Charities and Not-for-profits Commission (ACNC) Act 2012 stipulates that when it is carrying out religious activities that are related to the practice, study, teaching or propagation of its religious beliefs, or other activities ancillary to them … Diwan Al Dawla, as a basic religious charity is not required to comply with Australian laws,” he wrote.
“As the Imam of Diwan Al Dawla and its spiritual leader, I, therefore, ask the Hawkesbury City Council to revoke its letter … on the basis that its demands infringe upon our religious freedom and tamper with our mode of worship in contravention of our ACNC status as a Basic Religious Charity.”
An ACNC spokesperson said basic religious charities did not have to comply with the ACNC Governance Standards.
“However, the exemption of basic religious charities from complying with the Governance Standards does not mean that they do not have to comply with Australian laws,” the spokesperson said.
“A registered charity cannot have a purpose of engaging in or promoting unlawful activity — this can be grounds for revocation of charity status.”
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