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

Director of Social Work and Social Care

Trafford Council
£100,731 to £104,625
You will join a values-driven senior leadership team, providing visible and responsive leadership. Manchester
Recuriter: Trafford Council

Housing Ombudsman

Housing Ombudsman Service
£130,095 per annum, negotiable based on experience.
The Housing Ombudsman Service allows colleagues to choose if they wish to work in the London office, from home or a hybrid of the two London (Greater)
Recuriter: Housing Ombudsman Service

Assistant Historic Environment Record Officer - FTC

Essex County Council
£25081.00 - £26679.00 per annum + + 26 Days Leave & Local Gov Pension
Assistant Historic Environment Record OfficerFixed Term, Full TimeUp to £26,679 per annumLocation
Recuriter: Essex County Council

Regulatory Solicitor

North Yorkshire Council
£38,220 - £51,356
The Legal Service is part of Legal and Democratic Services (‘LDS’) within the Chief Executive’s Group. Harrogate, North Yorkshire
Recuriter: North Yorkshire Council

Regulatory Legal Officer

North Yorkshire Council
£27,254 to £34,434 per annum
If you have the relevant skills, drive and ambition to succeed, we want to hear from you! Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner