Tuesday, June 13, 2017

British Court Says Disabled Care Home Resident Should Not Observe Muslim Customs

In Re: IH (Observance of Muslim Practice) (England & Wales Ct. Protection, June 12, 2017), a judge in Britain's Court of Protection (which has jurisdiction to make decisions in the best interest of those who lack capacity to do so for themselves) made his own findings about principles of Muslim religious law in denying a father's wishes for his 39-year old son who has a profound learning disability and resides in a care home. Relying on testimony of an expert witness in Islamic law, the court held that the son does not have an obligation to observe the practice of shaving or trimming pubic and underarm hair. The court had previously held that the son does not have an obligation to fast during Ramadan, and the father did not contest this ruling.  The Huddersfield Daily Examiner reports on the decision.