Faizel Patel – 26/08/2020
The Madrasah Taleemuddeen Islamic Institute in Isipingo Beach in KwaZulu-Natal says it will appeal a Durban High Court judgment that limits the Athan or the Islamic call to prayer after a resident said it disturbed his peace and enjoyment of his property.
The Mercury reports that Judge Sidwell Mngadi ruled on Friday that the Madrasah must ensure that the Athan from the institute is not audible within the buildings of Chandra Ellaurie’s property, 20 metres away.
According to the paper, Ellaurie sought a court interdict to silence the call to prayer, to shut down the institution’s operations in the residential neighbourhood and sell its property to the state or to a non-Muslim entity.
In his judgment, Judge Mngadi said the applicant, who is Hindu, was “unashamedly opposed” to the Islamic faith propagated by the Madrasah.
Speaking to The Mercury, Taleemuddeen Islamic Institute’s attorney, Aslam Mayat, says he had been instructed to appeal against the ruling.
“It doesn’t make sense because we have a right to practise our religion, it is a constitutional right enshrined in the Bill of Rights. That right can only be limited in terms of general application, it can’t be one person, and in this case it is only against my client.”
Mayat says limiting a right should not offend the dignity of a group and had to be reasonable.
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