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By Lyse Comins 
2h ago
Durban – A Durban woman who has filed a petition challenging the recent Durban High Court ruling that effectively silenced the Muslim call to prayer at a Madrasah school in Isipingo Beach has called the ruling a “dangerous precedent” against all gatherings. religious in the country.
Judge Sidwell Mngadi ruled last month that the Madrasah Taleemuddeen Islamic Institute must ensure that calls to prayer made from its property are not audible inside the building owned by resident Chandra Ellaurie 20 meters away.
Ellaurie had sought an injunction to silence the call to prayer, shut down the institution’s operations in the residential neighborhood, and sell her property to the state or a non-Muslim entity.
The madrassa had opposed the request, claiming that the call to prayer was not amplified and that no other neighbors had complained. The second defendant, the municipality of eThekwini, did not object to the request.
In his view, Judge Mngadi said Ellaurie, who is a Hindu, “blatantly opposed” the Islamic faith and considered it a “false religion” that discriminated against non-Muslims as non-believers.
Judge Mngadi ruled that Ellaurie had established her “right to the use and enjoyment of her property” and that the proximity of her property to the school and “the overwhelming evidence of the realization of the Call to Prayer and its purpose create probabilities that favoring the version of the applicant that the call to prayer interferes with his private space ”.
“The interference constitutes an injury and it is an ongoing injury,” Judge Mngadi ruled.
Aslam Mayet, a lawyer for the Madrasah Taleemuddeen Islamic Institute, said the school would appeal the sentence on constitutional grounds because Muslims had the right to practice their religion.
When approached for comment, Ellaurie said, “I don’t want to comment on any of the developments.”
The ruling has sparked controversy and outrage among Muslim organizations and citizens nationwide who have asked that people not respond inappropriately in their criticism of the ruling.
Shabnam Palesa Mohamed, a lawyer, accredited mediator and radio journalist, said that she had decided to start the online petition, which has gone viral on social media, because it was important as citizens fought during the Covid-19 lockdown to “ support each other with compassion, wisdom and understanding ”.
“The call to support azan and religious tolerance is a call to our conscience as human beings. The impact of this sentence, which will be appealed, is felt in all religions, cultures and communities, ”said Mohamed.
“Many painfully remember the days of apartheid, due to the restriction of religious practice, the applicant’s request that the school be sold and the implication that Muslims should leave the area.
“Meanwhile, complaints against the Azan are also being heard in Cape Town and Johannesburg, making many Muslims uncomfortable in the country they are struggling to build, since before apartheid and 26 years of democracy. Most South Africans have lived in harmony for centuries, ”he said.
He said the lawsuit and the ruling had “inspired feelings of shock, disbelief and sadness” among Muslims and non-Muslims who were “deeply united in their solidarity to protect the Azan” and to support Muslims against bigotry and guarantee the right. religious freedom remained respected.
“Reactions on social media, from comments of support to initiatives to promote understanding of Islam and the call to prayer, are increasing across the country,” he said.
Mohamed said the impact of the sentence was “far reaching”.
“It could set a dangerous precedent for the silencing of church bells, temple prayers, Hare Krishna walks and all religious gatherings.
“But it could also mean that anyone oversensitive to sounds could petition the court to prohibit children from playing, intercept braais with music, and silence the happy cheers for soccer, cricket and rugby matches,” Mohamed said.
He said the result would be a “dull, colorless world.”
“Sights and sounds breathe life into humanity,” Mohamed said.
He said that the matter was suitable for the Constitutional Court, since the right to equality, dignity, religious freedom and freedom of expression were enshrined and protected in our constitutional democracy.
“It would be proof of our human rights culture and the heritage that we celebrate with pride. I also believe that a neutral, insightful, and trained professional should attempt alternative dispute resolution. Litigation can be adversarial, divisive, stressful, expensive, lengthy, and debilitating, ”he said.
The SA Muslim Network president, Dr. Faisal Suliman, echoed his sentiments and said it was “bad judgment” as the applicant had not submitted any evidence other than his own testimony regarding the levels sound of the call to prayer.
“It is an unamplified call to prayer. It would have been different if it had been an expanded call to prayer.
“First, there was no report from sound experts or an engineer to say that it is at a level that will cause a disturbance and second, the judge says you have the right to enjoy your property; the Madrasa also has its rights, ”she said.
“We believe that for a number of reasons it is poor judgment and has implications for society. It is a step back to developing a pluralistic society. We are confident that it will be overturned on appeal. “
The Mercury
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