Why Muslims may not “take Office”—Constitutionally

The practice of every Muslim requires the reverent bowing five times a day to a location point outside of Australia to Mecca in Saudi Arabia.

The practice of being a Muslim also requires an unswerving allegiance to the “Ummah”.

The Ummah is the nation of Islam to which every Muslim belongs. According to the Koran each individual is commissioned to protect and support the “Ummah” with their life, money and possessions. The Ummah is without land boundaries, supersedes blood ties and the host nation in which any Muslim resides. Instead Mecca has become the quintessential religious monument of the “Ummah” for Muslims across the globe.

Recently the Australian National Islamic Council and Hizb-ut Tahrir (HUT) urged the Australian Government to consult with the Muslim community before embarking on a Middle East offensive and joining our allies against ISIS. Both of these bodies were acutely aware that the Sunni Muslims in Australia would consider an attack by our Government on a Sunni Muslim in another part of the world as an attack on their “brother or sister”.

Here is the issue—ISIS is comprised of Sunni Muslims and considered by many in Australia’s Muslim community as waging a holy jihad on behalf of Islam against the Alowite (Shiite) Muslim government of Syria.

An attack on ISIS would be considered by some, as an attack on the Sunni Muslim community in Australia and would give cause for a reprisal action against the attackers—namely the Australian public and the Australian government.

This warning was given to the Australian Government by the Australian National Islamic Council—“If the Australian Government is serious about reducing the terror threat locally, then it must review its foreign policy decisions with regard to this region.”

This allegiance to the Ummah should rmake Muslims unsuitable for resettlement in Australian as it contravenes the “Australia First” requirement both of our Oath of Alliance and the limitations of Australia’s Multiculturalism Policy which stipulates a commitment to  “Australian Interests first”.

If a person is unable to commit to “Australia first” they simply cannot become a citizen nor should be considered for resettlement in our country.

We have witnessed over the year Muslims who have been born and bred in Australia willing to give up their lives in order to fight in another country (Syria) alongside their Sunni brothers and sisters. Their actions reiterate that Australia is just the host country for these members of the wider Muslim community.

This is the problem when a people subscribe to a totalitarian system like Islam. They can never be members of another tribe. This primary commitment to the “Ummah”, completely separates them from any host nation or community.

This same allegiances has political ramifications. It requires Muslim political candidates to consider the needs of the “Ummah” above the needs of non believing Australians. This lack of equality makes them unfit to hold any form of government office. It would be imprudent to say the least, to have subjects of the Ummah ruling over any Australian citizens. Therefore Muslim political candidates need to be disqualified from standing for office according to Section 44 of our constitution.

Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. In particular section 44 (i) states that any person who Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power:

“Australia first” and not “Ummah first” is the requirement of citizenship in Australia. No Muslim can be a citizen or in any form of office from federal to local government, if, as part of their commitment to being a Muslim renders them unable to put Australia’s interests first above that of the Ummah.

In a recent poll done in Austria in Die Presse (2013):
1 in 3 Muslims in Austria say it is not possible to be a European and a Muslim. 

This is now becoming a cultural dilemma for Australians, Muslims and our Government and it needs addressing.

Section 44 of the Australian Constitution
44. Any person who -

(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: or

(ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or
(iii.) Is an undischarged bankrupt or insolvent: or
(iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or
(v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

But sub-section iv. does not apply to the office of any of the Queen’s Ministers of State for the Commonwealth, or of any of the Queen’s Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen’s navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.