Application was made for judicial review of a decision as to the governance of a Mosque.
Held: The application was not justiciable, in that the role played by the Imam did not contain an element of public law so as to attract the supervisory jurisdiction of the High Court. Auld J said: ‘In short, the issues raised involve an examination of religious law and the custom and traditions of a particular local religious community which the court is not competent to undertake’.
He continued to say that had he reached a different conclusion on this jurisdictional point, he would still have dismissed the application because the applicant had not made out, on the evidence, the grounds for judicial review set out in the application, namely partiality and malice on the part of the Imam because he was an employee or appointee of the existing executive committee.
Judges:
Auld J
Citations:
Unreported, 30 Aug 1951
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v The Imam of Bury Park Mosque, Luton and others ex parte Sualiman Ali CA 12-May-1993
The court had been asked to intervene in an internal dispute as to the role of an Imam in a mosque community.
Held: The request was denied. The case was not one of public law: ‘ the particular function which the Imam was performing affected . .
Lists of cited by and citing cases may be incomplete.
Charity
Updated: 16 August 2022; Ref: scu.542959
