Muslim ex-prisoner sues over shaved beard

AN EX-PRISONER is claiming his constitutional right to freedom of religious practice by growing a beard was infringed because his beard was shaved off.

Shazim Mohammed, 47, of San Juan, in a lawsuit filed in the San Fernando High Court, said he served a six-year jail term from 2001, but the day after he entered prison on May 25, prison officers shaved off his beard. And in January the following year, his beard, which he described as “fist-length,” was shaved again .

Attorney Sunil Gosine is contending on Hosein’s behalf that Prison Rule 248 says the hair and beard of a Muslim shall not be cut except by written instructions of a medical officer. In an affidavit, Hosein contended that he protested but prison officers threatened to handcuff him and shave him. He said, “I had no choice but to allow my beard to be shaven.”

Hosein also said that on July, 9, 2002, another attempt was made to shave off his beard, but when he protested, officers threatened to stop him from teaching Arabic to fellow prisoners. He said that he was further threatened with a ban on attending the prison’s Eid prayers. Muslims celebrate Eid to commemorate the end of the month of Ramadaan.

Hosein said that he persisted in objecting to his beard being cut and was banned from even attending Juma prayers in prison. He also was banned, he said in the affidavit, from delivering the sermon. Juma is the weekly congregational prayer for Muslims. In fact, the father of four said he was even banned from going too close to the prayer room and where the Arabic classes were held.

Gosine is contending that the action of the prison authorities contravenes Hosein’s constitutional right to freedom of worship, which is enshrined in the Constitution.

The case came up this morning before Justice Robin Mohammed in the San Fernando High Court. The judge ordered the motion be served on the State, and granted until October 4 for it to file an affidavit in response. He set November 8 for trial.

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