Home Muslim religion ‘every Muslim has the right to pray in the mosque and bury the dead’ | Kochi News

‘every Muslim has the right to pray in the mosque and bury the dead’ | Kochi News

Kochi: Every Muslim has the right to pray in any mosque and to bury the dead in the public ‘khabarsthan’ (Muslim burial place), the Kerala High Court has ruled in a judgment.
A division bench of Justice SV Bhatti and Judge Basant Balaji handed down the decision while upholding the Ernakulam wakf court order against the decision of a ‘jamaat’ (congregation) to excommunicate 40 Muslims for participating in a religious speech held by Kerala Nadvathul Mujahideen (KNM), commonly referred to as the ‘mujahid‘ sect.
‘Elappully Erancheri Jamaat Palli’ in Vengodi in Elappully in Palakkad had prohibited members of the ‘jamaat’ from participating in marriage and other ceremonies to be held in the homes of those attending the religious discourse. Excommunicated persons were also not allowed to pray in the mosque or be buried in the mosque’s ‘khabarsthan’.
In the high court, the ‘jamaat’ argued that the religious beliefs and practices of the ‘jamaat’ and the Kerala Nadvathul Mujahideen are different in many respects and the wakf court order to allow KNM members to offer prayers and to hold funerals in the same mosque and cemetery will disturb public order, morals and the health of the members of the ‘jamaat’. Thus, it violates article 15 (right against discrimination) and article 25 (right to practice a religion), affirmed the “jamaat”.
It has also been argued that the KNM has several religious institutions and wakf properties, including mosques and ‘khabarsthans’, to accommodate their believers and that the excommunicated have no legal right to bury corpses in the ‘khabarsthan’. of “jamaat”. The remedy available to them is to find a separate site without disturbing the members of the ‘jamaat’, it was claimed.
In the judgment (CRP n° 144/2011) handed down on June 29, the court declared: “A mosque is a place of worship and every Muslim offers prayer in the mosque. The 1st defendant (‘jamaat’) does not have the right to prevent a member of the ‘jamaat’ or any other Muslim from offering prayers. The burial of corpses is also a civil right. The cemetery located in the annex property (mosque and its premises) is a public cemetery. Every Muslim has the right to obtain a decent burial according to civil rights and the cemetery under the supervision of the 1st defendant (“jamaat”) is a public cemetery, any Muslim or any member of the 1st defendant has the right to bury the dead . The 1st defendant cannot prevent the plantiffs (those who are excommunicated) from offering prayers in the mosque and burying the corpses of their relatives by stating that they have been excommunicated from the 1st defendant Jama-ath since they followed the Kerala Naduvathul Mujahidhin sect.
Responding to the ‘jamaat’ assertion that the excommunicated, as they became KNM, do not have the right to offer prayers and bury the dead, the court said: “This assertion will not stand not to the law because every Muslim has the right to offer prayers in any mosque or bury dead bodies in a public ‘khabarsthan’.