KZN madrassah athaan continues as high court erred

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A KwaZulu-Natal madrassah can continue to sound the call to prayer, after a Supreme Court of Appeal ruling.

It follows a claim lodged by Isipingo resident, Chandra Giri Ellaurie, who said that the athaan emanating from Madrassah Taleemuddeen Islamic Institute was too loud and constituted a nuisance.

The High Court had ruled that the Islamic call to prayer should not enter the complainant’s home, which has since been set aside.

The SCA had found that Ellaurie had failed to provide evidence that the athaan constituted noise, and a disruption to his life. He also failed to show what he perceived to be a reasonable sound level for the athaan. Ellaurie had admitted that his motivation for pursuing litigation was not about constitutional justice, but rather his dislike of Islam.

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