Nazir & Ors v Haroon Rashid & Anor

Nazir & Ors v Haroon Rashid & Anor

The objects clause should not be limited to the Sufi or Haroonian Sufi tradition but should refer generally to the promotion of Islam; the electorate should comprise regular or occasional worshippers at the mosque since 1 January 2005, not merely financial contributors or those with past association; trustees are to be appointed by the management committee, not elected; and election scrutiny should be by respected members of other mosques, not by an external organization requiring written applications.

Parties
Claimant: M. Nazir; Claimant: M. Azim; Claimant: M. Hanif; Claimant: M. Ashraf; Defendant: Allah Hazrat Dir Haroon-Ur-Rashid Sahib; Defendant: H. M. Attorney General
Jurisdiction
England and Wales
Judgment Date
16 May 2008
Procedural Posture
Civil / Judgment on Scheme for Charitable Trust and Constitution
Outcome
Rulings on scheme and constitution issued; proceedings stayed to enable final scheme to be put in place.
Legal Topics
Charitable Trusts, Constitution of Religious Organizations, Electoral Rights in Charities, Trustee Appointment
Charity Law Trusts Charitable Trusts Constitution of Religious Organizations Electoral Rights in Charities Trustee Appointment

Case Brief

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Parties

M. Nazir

Claimant

M. Azim

Claimant

M. Hanif

Claimant

M. Ashraf

Claimant

Allah Hazrat Dir Haroon-Ur-Rashid Sahib

Defendant

H. M. Attorney General

Defendant

Procedural Posture

Civil / Judgment on Scheme for Charitable Trust and Constitution

Legal Issues

  1. 1 Whether the objects clause of the mosque's constitution should reference the Sufi or Haroonian Sufi tradition
  2. 2 Who should constitute the electorate for the management committee of the mosque
  3. 3 Whether trustees should be elected or appointed by the management committee

Ratio Decidendi

The objects clause should not be limited to the Sufi or Haroonian Sufi tradition but should refer generally to the promotion of Islam; the electorate should comprise regular or occasional worshippers at the mosque since 1 January 2005, not merely financial contributors or those with past association; trustees are to be appointed by the management committee, not elected; and election scrutiny should be by respected members of other mosques, not by an external organization requiring written applications.

Court Disposition

Rulings on scheme and constitution issued; proceedings stayed to enable final scheme to be put in place.

Orders

  • Objects clause to omit reference to Sufi or Haroonian Sufi tradition.
  • Electorate limited to regular or occasional worshippers since 1 January 2005.