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Johannesburg, South Africa – A court ruled that the call to prayer at a mosque was too strong and ordered it to be toned down after a complaint from a nearby resident.
Judge Sidwell Mngadi of tThe Kwazulu-Natal High Court in Durban issued a court order against the mosque to ensure that its call to prayer is not audible inside a neighbor’s house across the street.
The case was brought by Chandra Ellaurie, who lives across from the Madrasah Talemuddeen Islamic Institute in Isipingo Beach. Ellaurie argued that the prayer call “deprived him of the enjoyment of his property rights.”
On Wednesday, the Isipingo Institute said it will appeal the ruling.
“The proximity of the applicant’s property to that of the Madrasah and the overwhelming evidence of the making of the call to prayer … create probabilities that favor the applicant’s version that the call to prayer interferes with his private space,” Mngadi said in his judgment.
Ellaurie, a Hindu, complained that the call to prayer gives the neighborhood “a different Muslim atmosphere.” She also asked for the institute to be closed, but Mngadi refused to make such an order.
The judge ordered that the call to prayer not be heard inside Ellaurie’s home.
Mohammed Patel, president of the Isipingo Muslim Association, said the mosque did not intend to use more external sound amplification.
Human rights commission
Ellaurie had been complaining about the call to prayer since 2003 and reported it to the South African Human Rights Commission in July 2004.
At the time, the commission recommended to the Isipingo Beach Muslim Association “to desist from using the external sound amplifier system during the first call to prayer of each day,” which is around 3:30 am local time. She also said that each call to prayer should last no more than three minutes.
Mohamed Ameermia, commissioner of the South African Human Rights Commission, described the sentence as “shocking”. Speaking to Al Jazeera, he said the ruling violated a number of constitutional rights, including the right to equality and the right to freedom of religion.
“South Africa is a diverse nation in which people must show tolerance and a sense of social cohesion,” said Ameermia.
The president of the Muslim Judicial Council in South Africa, Moulana Abdul Kalik, told Al Jazeera that the plaintiff had a weak case because the call to prayer was being regulated and was not “on the loudspeakers.”
Kalik said the ruling “ignores the right of a religious group to manifest their religious beliefs protected by rights in the constitution.”
According to Pierre de Vos, professor of constitutional law at the University of Cape Town, the court made “a serious mistake” in awarding Ellaurie complain.
De Vos said that under South African law, property owners do not have an absolute right to “uninterrupted enjoyment of property” as assumed by the judge.
“Property owners must tolerate a certain degree of nuisance from their neighbors,” de Vos said.
