Ba`asyir`s call for violence againts Islamic teachings

- A call by Indonesian Mujahidin leader Abu Bakar Ba`asyir on his followers to take violent action against Australian tourists who disrespect Islamic values is against Islamic teachings and undermines the Visit Indonesia Year 2008 program, an Indonesian Moslem scholar said.

Indonesian Muslim scholar Nadirsyah Hosen who is a lecturer at Wollongong University was commenting on a statement Abu Bakar reportedly made during a sermon to villagers in East Java in October 2007.

"I am afraid Abu Bakar`s statement will disturb the Indonesian government`s efforts to net foreign tourists during the Visit Indonesia Year 2008," Nadirsyah Hosen said.

He said such a statement from Ba`asyir violated Muslim teachings because the latter said foreign tourists acted like animals and their morality was far from that which was reflected by the Prophet Mohammad.

Ba`asyir`s controversial remark was reported in a big way by Australian media on Monday, March 24, and prompted Foreign Minister Stephen Smith to issue a special press statement about the case.

"The reported comments by Abu Bakar Ba`asyir are consistent with his well-known views and nothing more than his familiar bigotry. I condemn these views absolutely," Smith said.

Stephen Smith said in the press statement that as Ba`asyir`s views had been condemned previously by the Australian government, he condemned them again on Monday and would continue to do so.

He also pointed out that Indonesian authorities also continued to pay close attention whenever comments such as these suggested threats to Australians and other foreigners.

He said cooperation on counter-terrorism between Australia and Indonesia was ongoing and remained strong."

On February 7, Indonesian Foreign Minister Hasan Wirayuda and I agreed to extend our bilateral counter terrorism Memorandum of Understanding for another three years," Smith said.

"We also reached agreement to hold a round of bilateral counter-terrorism consultations this year to underpin and enhance our counter-terrorism cooperation in association with the Lombok Treaty," he added.

He said the Indonesian government had been vigilant in dealing with the threat of terrorism, and its success in countering terrorism could be seen by the successful conviction of over 180 people for their roles in terrorist attacks since 2000.(*)

Autumn session 2008

I teach two subjects in autumn session 2008:

1. LLB 100 Foundations of Law A
2. LLB337/9337 Comparative Studies in Law

My colleague, Elizabeth Ellis will be the subject coordinator for LLB 100. I look forward to collaborate with Liz and also Elisa Arcioni.

I myself will be the subject coordinator for Comparative Studies in Law. The purpose of the course is to introduce students to some of the major legal traditions of the world (common law, civil law, Islamic law, and Asian law). It will emphasise the importance of critical analysis in the area of comparative law and the advantages in looking at legal problems from a perspective broader than that of one's own legal system. Among other things, the course will examine comparatively, topics of world-wide concern such as the rule of law, legal pluralism, religion and state, anti-terrorism law and constitutional borrowing. These issues will be explored in the format of student-led seminar discussions of primary and secondary texts.

Indeed, a busy autumn ahead!

emergency power in asia

I have been invited to present my paper at a major international symposium on Emergency Powers in Asia: Exploring the Limits of Legality at the NUS Faculty of Law, from 2-3 May 2008. The symposium, which is open only to invited participants, will be hosted by the Faculty of Law at NUS with the support of ASLI. I am deeply honoured by the invitation.

Much of the contemporary scholarly literature on states of emergency and their implications for the rule of law emanates from North America and Europe, particularly in a post-9/11 context. Yet there is, in Asia, a growing scholarly interest in this area, as can be seen in recent studies of internal security legislation and declarations of formal states of emergency in Singapore, Malaysia, India, Sri Lanka, and the Philippines; the imposition of martial law in Thailand and Pakistan; and the creation of new counter-terrorism powers throughout the region following the 9/11 attacks on the United States and other recent attacks in Southeast Asia.

The use of emergency powers in Asia presents an important challenge for constitutional scholars – the challenge of reconciling emergencies powers and military government with constitutionalism and legality in an Asian context. In addition, such a debate about emergency powers has implications for broader discussions about the content and parameters of the rule of law (both within and beyond Asia), as well as discussions among scholars about the special challenges involved in restraining coercive state power in post-conflict societies.

new book

I am delighted to inform you that my book, Shari'a and Constitutional Reform in Indonesia (ISEAS, Singapore, 2007, 271 pages) has just come off the press. The book has been launched during the Indonesia Update conference held at ANU (Australian National University), Canberra, 7-8 September 2007.

seminar series

“Law and Religion”
A seminar series organised by the
Legal Intersections Research Centre (LIRC)
Faculty of Law, University of Wollongong

Spring Session 2007

The seminar series provides a forum for interaction and exchange of ideas on the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Particular attention is given to the implications for Australian law, religious tolerance and freedom. The seminar series covers a diversity of viewpoints of a range of religions, belief systems and academic disciplines. These free seminars are intended to be of interest to a wide audience including academics, students, members of the legal profession, and researchers with an interest in the topic.


1. Jamila Hussain (UTS), “Shari’a and Australian Law” (Wed, 22 August 2007)

2. Dr. Rick Mohr (UOW), “Separations as a Theme in the Christian Influence on Western Law” (Wed, 12 September 2007)

3. Dr. Nadirsyah Hosen (UOW), “Negotiating Secularism, Religion and Security” (Wed, 10 October 2007)

4. Rabbi Jeremy Lawrence (The Great Synagogue, Sydney), “'The Relationship between Jewish and Secular Law” (Wed, 24 October 2007)

McKinnon Building, 67.202
(Moot Court Room)
From 12.30pm to 1.30pm

All welcome. Sandwiches and juice will be provided.