THE wife of a convicted Islamic State recruiter could be the first person in NSW to be charged for refusing to stand in court.

Moutia Elzahed, one of the two wives of terrorist recruiter Hamdi Alqudsi, caused a stir in the courtroom after she refused to stand for the presiding District Court Judge Audrey Balla.

“I noticed on Wednesday and today the first plaintiff doesn’t stand as I come to and leave the bench. Is there a reason?” Judge Balla asked.

Elzahed, through her barrister Clive Evatt, responded saying her refusal was “to do with a religious belief”, and that she “won’t stand for anyone except Allah”.

“She’s a Muslim, Your Honour, a strict Muslim and according to my instructions she won’t stand for anyone except Allah, which I’m not particularly happy with, Your Honour,” he said.

Elzahed also refused to remove her veil, saying she would not give evidence by doing so unless all the men in the courtroom looked away.

The judge offered to close the court or allow her to give evidence through a video link, but she rejected both offers as they still would have required her to remove her face-covering.

Elzahed, her husband and their two teenage sons are suing the Commonwealth of Australia over the counter-terrorism raids that took place in 2014.

The family claims they were assaulted when police officers raided their Revesby home in Sydney’s southwest.

The woman will potentially be charged for her behaviour in the courtroom, in accordance with a law introduced on September 1 this year by the NSW government regarding respect for court proceedings.

NSW Attorney-General Gabrielle Upton wrote to the NSW Solicitor-General Michael Sexton SC yesterday urging he determine whether Elzahed should be charged under the new disrespectful behaviour in court law.

The charge carries a maximum penalty of $1100 or 14 days in prison.

Alqudsi, Elzahed’s husband, was sentenced to a minimum of six years’ jail earlier this year for helping young Australians travel to Syria to fight in the country’s civil war.

The NSW government introduced the law following a number of high-profile cases over the past few years in which defendants refused to stand in court.

One of the most notorious of these was Islamic extremist Milad Bin Al Ahmadzai, 26, who refused to stand for four District Court judges during multiple criminal cases, which included two judge-alone trials for a ram raid and the attempted murder of a man outside a gay sex venue.

In an incident in May this year, he had his sentencing matter adjourned at Parramatta District Court because he turned his back on the court to pray.

When the case was reinstated, a western Sydney Judge threatened him with a mute button during sentencing, after he interrupted proceedings while appearing via video link from Goulburn jail.

Judge Jane Culver was attempting to read out a letter written by the offender’s mother, but Al Ahmadzai kept shouting “no, no, no”.

After the Judge issued a warning, defence lawyer withdrew the letter and it was not read.

In a separate incident in 2014, he was referred to then-NSW Attorney-General Brad Hazzard after refusing to stand for Judge Colefax three times during his proceedings.

His lawyer, Arjun Chhabra, told the court he “had a far stricter view” of Islam than most adherents.

“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,” he said.

“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’’.

Similarly in 2013, a man who was accused of rioting during a violent Muslim protest in Sydney refused to stand at his court hearing.

Mohammed Issai issaka, who was charged with riot, assaulting police and resisting arrest over the Hyde Park incident, said his religious beliefs forbade him from rising for the court.

Magistrate Jacqueline Milledge said she didn’t accept his refusal.

“You can tell me where it is in his religion that it says he cannot stand,” she said to Issaka’s lawyer, Stephen Hopper.

“I was a magistrate at Bankstown Court for four years and I have never had to deal with such disrespect.”

Eventually the case only continued after Issaka waited outside the courtroom as everyone else stood for the magistrate.