Muslim Man Loses Legal Challenge Over Dads Grave In Walsall
22 January 2019, 16:56
A Muslim man from Walsall has lost his legal battle, to put a marble arch around his dad's grave.
Atta Ul-Haq wanted to put up the marble barrier to stop people walking across the grave at Streetly Cemetry, claiming Islamic law forbids people stepping on them.
He believes the council's policy breaches his human right to exercise religion; a right enshrined in Article 9 of the European Convention on Human Rights.
But Walsall Council leaders say they cannot accommodate Mr Ul-Haq's wish without harming the rights of other Muslims.
Bosses say their approach has been "careful, sensitive and accommodating".
Two judges analysed arguments at a High Court trial in December.
Lord Justice Singh and Mrs Justice Carr are scheduled to publish a ruling on Tuesday.
Mr Ul-Haq's lawyers said the case could have implications for the Islamic community.
Lord Justice Singh and Mrs Justice Carr had analysed arguments at a High Court trial in London in December.
Judges said, in a written ruling, that what council bosses had decided fell within their "margin of judgment".
They concluded that council bosses had "acted in a way which is justified".
Mr Ul-Haq says he will appeal.