Durban woman sets up petition against court ruling aimed at silencing Isipingo Madrasah’s call to prayer

Ellaurie had sought an interdict to silence the call to prayer, to shut down the institution’s operations in the residential neighbourhood and to have its property sold to the state or to a non-Muslim entity.

Judge Mngadi ruled that Ellaurie had established his “right to the use and enjoyment of his property” and that the proximity of his property to the school and “the overwhelming evidence of the making of the Call to Prayer and the purpose thereof, create probabilities that favour the applicant’s version that the Call to Prayer interferes with his private space”.

“Many are painfully reminded of the days of apartheid, because of the restriction on religious practice, the applicant’s request that the school be sold, and the implication that Muslims should leave the area. “Reactions on social media, from supportive comments to initiatives to promote an understanding of Islam and the call to prayer are building across the country,” she said.“It could set the dangerous precedent for the silencing of church bells, temple prayers, Hare Krishna walks and all religious gatherings.

“It would be a test of our culture of human rights and the heritage we proudly celebrate. I also believe that alternate dispute resolution should be attempted by a neutral, insightful and skilled professional. Litigation can be adversarial, divisive, stressful, costly, lengthy and disempowering,” she said.

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