William Eichler 23 January 2019

Council’s decision not to allow a barrier around Muslim grave ‘fair’, court rules

The High Court has ruled that Walsall Council’s decision not to allow a Muslim man to install a marble edge around his father’s grave was ‘appropriate and fair’.

Atta Ul-Haq, a Barelvi Muslim, argued that the barrier was required to stop people walking over the grave, an action that goes against his religion.

Mr Ul-Haq claimed that the council’s decision not to allow the raised edge breached his right to exercise his religion, as is enshrined in Article 9 of the European Convention on Human Rights.

The council responded that it allowed for ‘mounding’, which is the method used by most Muslims to stop people walking on graves, and that it could not fulfil Mr Ul-Haq’s wishes without impacting on the rights of other Muslims.

The court ruled that the council’s regulations ‘do not discriminate against any individual or community and are appropriate and fair.’ 

‘In its judgement the court stated that the council has carried out consultation with the local community, and made adjustments to its policies which are fair and lawful,’ a council statement said.

‘The court also stated that the council as the Burial Authority is best placed at a local level to make rules and regulations which are appropriate.’

SIGN UP
For your free daily news bulletin
Highways jobs

Head of Service Future Options

City Of Doncaster Council
SMG, £70,614 - £76,256
An exciting opportunity has arisen to join our senior leadership team in Adult Social Care in Doncaster. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Service Director

City Of Doncaster Council
to £108k
It’s all happening in Doncaster. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Director of Infrastructure and Organisational Development

Orkney Islands Council
£116,653 pa
Orkney isn't like anywhere else. Orkney Islands
Recuriter: Orkney Islands Council

Executive Director of Transformation & Resources (Statutory S151 Officer)

Northumberland County Council
Salary
Northumberland County Council
Recuriter: Northumberland County Council

Managing Director

Cheshire West Recycling
Circa £115,000 (subject to negotiation) plus benefits
Cheshire West Recycling is a wholly owned company of Cheshire West and Chester Council, operating with a clear social and environmental purpose. Chester, Cheshire
Recuriter: Cheshire West Recycling
Linkedin Banner