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

Corporate Director Community Development

North Yorkshire Council
£145,894 to £169,693 plus relocation support
North Yorkshire Council is entering an exciting new phase of transformation, growth and opportunity. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council

Functional Family Therapy Practitioner

Cheshire East Council
£43,149 - £49,658
Do you want to be part of an innovative service that delivers evidence-based interventions and helps families thrive? Macclesfield, Cheshire
Recuriter: Cheshire East Council

Director of Adult Social Care

Nottingham City Council
£101,636 - £112,285 per annum (SLMG1)
As a key member of the Directorate Leadership Team, you will provide visible and effective leadership Nottinghamshire
Recuriter: Nottingham City Council

Director of Adults Service Development

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
This is a strategic improvement and assurance leadership role focused on driving the Adults Social Care improvement journey Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Adult Social Care and Commissioning Director Roles

Nottingham City Council
£101,636 - £112,285 per annum (SLMG 1)
This is an exciting time to join Nottingham City Council and help shape the future of Adult Social Care for the city.  Nottingham, Nottinghamshire
Recuriter: Nottingham City Council
Linkedin Banner