Muslim man with learning difficulties need not fast or be shaved during Ramadan

A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.

The case concerned 39-year-old IH, who suffers from a profound learning disability, functions intellectually at the developmental level of a 1-3 year old and also has atypical autism.

IH lives in a supported living environment provided by an unnamed local authority and has been raised by his family within the Sunni denomination of Islam.

Mr Justice Cobb had before him an application by the Official Solicitor for a declaration that it was not in IH's best interests for him to fast during the daylight hours of Ramadan.

A second application by IH’s father sought a declaration that it was in IH’s best interests for his axillary and pubic hair to be trimmed in accordance with Islamic cultural and religious practice insofar as it is safe and reasonable to do so.

Giving judgment in IH (Observance of Muslim Practice) [2017] EWCOP 9, the judge granted the first application but refused the second.

He said: “IH has a life-long developmental condition and has never had the capacity to understand the tenets of Islam; the benefits of adherence to such rituals do not obtain for him, but for others.

“The fact is that by reason of his disability IH is absolved of the expectation of performing this recommended procedure, and there is no other clear benefit to him. The trimming of the pubic and axillary hair would serve no other purpose. I am anxious that IH should be spared additional stresses in his life, and wish to protect him and the staff from the risk of harm – an approach which itself has the endorsement of Islamic teaching.”

He also confirmed that IH should be relived of Ramadan fasting obligations for reasons of his welfare.

Mark Smulian