Court of Protection: Guidance on Observance of Islamic Custom

Mr Justice Cobb has today handed down an important judgment concerning the extent to which people who lack capacity are expected to observe religious (here, Islamic) custom and practice. In this case, Islam recognises that those who lack capacity have no need to observe some practices (here shaving or trimming of pubic/axillary hair). The Court affirmed this position in its judgment. This case is important and should be considered by all those making decisions on behalf of people where the observance of religious customs is an issue.

Francesca P Gardner was led by Vikram Sachdeva, Q.C. and instructed by Irwin Mitchell, by the Official Solicitor for P. Simon Burrows was instructed DAC Beachcroft for the CCG. 

Link to the judgment can be found here. 


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