Guest blog by Tom Parkinson, CSC Research Intern:
In what has been described as a ‘British legal first’ today, the jury at Manchester Crown Court convicted 44-year-old Syed Mustafa Zaidi for two counts of child cruelty after effectively ruling that he forced two Muslim youths to flog themselves as part of the Ashura ceremony.
The Ashura takes place during Muharram, the first month of the Islamic calendar, and commemorates the death of Husayn, the grandson of the Prophet Mohammed and a central figure in the Shia faith. The ceremony involves Shia Muslims flailing themselves with a zanjeer zani, an implement with a wooden handle and five chains attached to sharp knives. The youths were left with several deep cuts across their backs.
It is clear from the testimony that has been obtained that although the two Muslim youths, 13 and 15, had engaged in self flagellation before, in this instance they were clearly reluctant and were coerced by Zaidi. Furthermore, Zaidi had been given prior advice as to the illegality of the actions by a community leader given the age of the potential participants. Such advice however appears to have been ignored two days later when the event took place.
Andrew Nuttal, QC of the Prosecution stated “This is not an attack upon the practices of communities of the Shia Muslims. The defendant ignored the advice given to him that this practice was not allowed for children under 16. It was not only against the children's will but is not allowed by law.” Zaidi however maintains that he has done nothing wrong, citing that the practice is "A part of our religion."
The case is the first of its kind involving the practices of Shia Muslims to be brought to trial in Britain. Zaidi’s comments illustrate the difficulty of assimilation between Western secular law and a fundamentalist understanding of religious doctrine and practice. In the West, law-making, and the accountability for those laws, rests ultimately with a democratically elected body – Parliament. Law is thus generated through rational discourse and debate in which institutions of faith are free to engage. Recently the Catholic Church has been free to play a full role in the public discourse in relation to laws on abortion for example.
Law must treat all equally whatever their faith. Further the law must reflect the democratic will and best interests of the majority of any electorate. Legalising this activity would fall far short of this hurdle. That is why regardless of Zaidi’s protests to the contrary, he has clearly committed a wrong. He broke the law and the verdict is correct.
The prosecution and jury must not have really taken into account the religious background to the father’s inspiration.
“The Prophet [i.e. Mohammed, the founder of Islam] (peace_be_upon_him) said: Command a boy to pray when he reaches the age of seven years. When he becomes ten years old, then beat him for prayer.” (Bukhari 2:494)
Remember Kinana
Who or what is or was Kinana please; and why should the Centre for Social Cohesion remember him, her it or them?
Also, what is Bukhari 2:494 and how is it applicable to English law please?