IH (Observance of Muslim Practice)

IH (Observance of Muslim Practice)

IH lacks capacity to understand or participate in religious observance; Islamic law exempts him from fasting and hair trimming. Hair trimming carries avoidable risks and no benefit to IH. Best interests require relief from fasting and no hair trimming.

Parties
Subject: IH; Applicant: TH; Respondent: Local Authority; Respondent: Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
12 June 2017
Procedural Posture
Welfare Application / Final Judgment
Outcome
Declarations granted: IH relieved from obligation to fast; hair trimming not in best interests.
Legal Topics
Religious Observance, Best Interests, Capacity Assessment, Care for Adults Lacking Capacity
Mental Capacity Health Law Human Rights Religious Observance Best Interests Capacity Assessment Care for Adults Lacking Capacity

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Parties

IH

Subject

TH

Applicant

Local Authority

Respondent

Clinical Commissioning Group

Respondent

Procedural Posture

Welfare Application / Final Judgment

Legal Issues

  1. 1 Whether IH should be relieved of the obligation to fast during Ramadan
  2. 2 Whether IH's pubic and axillary hair should be trimmed in accordance with Islamic custom

Ratio Decidendi

IH lacks capacity to understand or participate in religious observance; Islamic law exempts him from fasting and hair trimming. Hair trimming carries avoidable risks and no benefit to IH. Best interests require relief from fasting and no hair trimming.

Court Disposition

Declarations granted: IH relieved from obligation to fast; hair trimming not in best interests.

Orders

  • IH is not required to fast during Ramadan or at all.
  • IH's pubic and axillary hair shall not be trimmed in accordance with Islamic custom.