TWO Muslims have refused to stand for a District Court judge, with one claiming they are not “at the behest of any authority other than Islam”.

Under NSW law an accused is required to stand to hear the charge against them and respond with a plea of guilty or not guilty.

Wassim Fayad and co-accused Milad Bin Ahmad-Shah Al-Ahmadzai both defied the law yesterday and remained seated during their arraignments on an aggravated break and enter charge in Parramatta District Court.

Fayad initially refused to stand for Judge Andrew Colefax in the morning but elected to stand in the afternoon and plead not guilty to one charge of aggravated break and enter and attempting to pervert the course of justice.

Al-Ahmadzai, 24, has now been referred to NSW Attorney-General Brad Hazzard after refusing to stand for Judge Colefax three times during his proceedings.

The judge adjourned the case for several hours while considering referring Al-Ahmadzai and Fayad for contempt of court charges.

When Al-Ahmadzai refused to stand for a second time, telling Judge Colefax “no thank you’’, Fayad said from the dock “he has a bit of a sore leg’’.

But Al-Ahmadzai's lawyer Arjun Chhabra told the court his client’s decision stemmed from a “philosophical and theological belief’’.

“He has a far stricter view (than other followers of Islam),’’ Mr Chhabra said.

“There are a number of prescriptions (of the faith) ... that one isn’t at the behest of any authority other than that of Islam ... and Allah.

“At first it may appear disrespectful (but) it is not intended to bring the administration or efficiency of the court to a halt, or its dignity into disrepute.’’

Prosecutor Craig Everson said the conduct was like “putting a finger up to the court’’.

Judge Colefax said, while he considered the behaviour to be “clear contempt’’, he would refer it to the Attorney-General’s office, along with a transcript of the interaction.

The pair laughed and talked to each other while Judge Colefax addressed the court. He asked him for the third and final time to stand, to which Al-Ahmadzai replied: “No.’’

He then pleaded not guilty to one charge of aggravated break and enter, allegedly committed alongside Fayad and an unidentified man, at Macquarie shopping centre in North Ryde on October 15 last year.

The pair were refused bail yesterday and both men ordered to stand trial in the Parramatta District Court from September 7 next year.