ATTA UL-HAQ –V- WALSALL METROPOLITAN BOROUGH COUNCIL
PERMISSION FOR JUDICIAL REVIEW REGARDING MUSLIM GRAVES GRANTED
PRESS RELEASE 15.02.18 by Fountain Solicitors
Permission for Judicial Review has today been granted in this case which is of significant wider public interest to the Muslim community and other communities who do not wish their relatives’ graves to be walked over or traversed.
Mr Ul-Haq’s father is buried in in a lawn grave in Streetly Cemetery in Walsall. Soon after the burial, he sought permission from the Council to erect a small marble edging (no higher than four inches) around his father’s grave. The edging was intended to prevent people from walking across the grave, and bring the grave into compliance with the requirements of Islam. It is unanimously agreed upon by all Islamic scholars that to step on a grave is strictly forbidden and the edging sought by Mr Ul-Haq would prevent this.
Natalia Garcia of Fountain Solicitors said:
“The court has granted permission for Judicial Review on the basis that it is a matter of public interest that the issue be determined as it is arguable that Walsall Council’s cemetery policy breaches Article 9 ECHR freedom of religion. This is because the policy prohibits edgings around graves in the lawn area which is reserved for Muslim burials. There is therefore nothing to prevent my clients father’s grave from being traversed by foot or maintenance machinery which is against my client’s beliefs. He welcomes the court’s decision to grant permission and will now prepare for the full hearing which will take place in due course.”
Natalia Garcia – 07814435024