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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Lawyer

East Cambridgeshire District Council
£38,510 to £44,253 per annum plus benefits
Are you building your legal career and ready to take on broader responsibility? Ely, Cambridgeshire
Recuriter: East Cambridgeshire District Council

Senior Lawyer

East Cambridgeshire District Council
£47,665 to £51,928 per annum plus benefits
We are looking for a confident and experienced Senior Lawyer Ely, Cambridgeshire
Recuriter: East Cambridgeshire District Council

Senior Practitioner - Children & Young People with Disabilities

Essex County Council
£48205.0000 - £57988.0000 per annum
Senior Practitioner - Children & Young People with Disabilities - Mid EssexPermanent, Full Time£48,205 to £57,988 Per Annum Location
Recuriter: Essex County Council

Neighbourhood Highways Engineer (Northern)

Devon County Council
£46,579 - £50,908 per annum
We are recruiting an experienced and collaborative Neighbourhood Highway Engineer to help keep Devon’s highway network safe, resilient and moving. Taw View, Barnstaple, EX32 2SU or Tiverton Business Park, EX16 6T
Recuriter: Devon County Council
Linkedin Banner