The Madrasah Taleemuddeen Islamic Institute in Isipingo Beach will appeal against a Durban High Court judgment that has limited its right to issue the athaan after a Hindu resident said it disturbed his peace and enjoyment of his property.
Judge Sidwell Mngadi ruled on Friday that the Madrasah must ensure that calls to prayer made from its property are not audible within the buildings of Chandra Ellaurie’s property some 20 metres away.
Ellaurie sought a court interdict to silence the call to prayer, to shut down the institution’s operations in the residential neighbourhood and sell its property to the state or to a non-Muslim entity, reports The Mercury.
The Madrasah had opposed him, saying the athaan was not amplified and no other neighbours had complained.
The second respondent, the eThekwini Municipality, did not oppose the application.
The Madrasah has about 340 students, a mosque and accommodation for staff and students.
Another building is located between the Madrasah and Ellaurie’s home.
In his judgment, Judge Mngadi said the applicant had described the athaan as a “foreign sound” which invaded his space and gave the suburb a “distinctly Muslim atmosphere”.
He said Ellaurie had no right to have the Madrasah banned, but did have a right to the use and enjoyment of his property.
The Madrasah’s attorney, Aslam Mayat, said he had been instructed to appeal the ruling.
“His sole objection is that he doesn’t want to hear it because he finds Islam offensive.
“So then anyone can say the same about church bells or chanting in a temple, no matter how silent it is,” Mayat said.
The Mercury