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Help Needed From Muslims, Please

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hc4361 | 10:50 Wed 05th Aug 2015 | How it Works
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As a Christian with no procedural knowledge of Islam I need help.
In an official capacity I have received a complaint from a Shia Muslim about the local mosque which is Sunni.
The complainant lives very close to the mosque and goes there for prayers but she is saying that she is being discriminated against because the mosque will not allow her and her family to do many of the things that are typically done in a mosque and is claiming discrimination. She claims as an example that she could not hold her late father's funeral there as the Imam would not lead the service nor allow a Shia Imam to lead it.
She had to use the nearest Shia mosque about 7 miles away.

I don't know if this is the done thing in the Muslim community. I need to know if this is the usual, standard practice particularly in the UK or if this particular mosque is going against the norm and discriminating against the Shia muslims.

Any guidance much appreciated before I approach the mosque leaders.

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Only the Church of England is obliged to permit burials of members of other faiths (or of other branches of Christianity or non-believers) within their churchyards and burial grounds. Even then, only a Christian service, or no religious service at all, is permitted. [Burial Laws Amendment Act 1880]. All other religious bodies are free to determine the...
11:24 Wed 05th Aug 2015
I am not a Muslim but I do know that there is animosity between Shia & Sunni
Question Author
Yes, danny, and has been for many, many years. I wouldn't expect a Roman Catholic priest to conduct my funeral nor would I expect my funeral to be held in a RC church but I don't know if that is a fair comparison.
not an expert but here's the guidance online I have found
"When can goods, facilities and services be provided only to people from a particular religion or belief? (no change)
Example
A training project ran a seminar for unemployed people to help them prepare their CVs. Mehmet, a Muslim delegate, wrote to complain that he was not excused from the seminar to go and observe his afternoon prayers. The next time Mehmet applied to attend the seminar, he was told that there were
no places left but he later found out that his friend had been given a place, even though he had applied later than Mehmet. Mehmet argued that this was victimisation because he had made a complaint related to his religion.
What has changed?
There is now no need for the victim to show that they have been less favourably treated than someone who has not made or supported a complaint under the Act.
In cer tain circumstances, you may be able to specify that you will provide goods, facilities or services only to people of a particular religion or belief.This will apply if your organisation exists to:
• practise, teach or advance a particular religion or belief,
• provide benefits for people who hold a particular religion or belief, or
• promote good relations between people of different faiths.
If one of these apply then you may be able to specify the religion or belief of those to whom you provide goods, services or facilities.You will have to be able to show that your services are restricted:
• because of the purpose of your organisation, or
• in order to avoid causing offence, on grounds of your organisation’s religion or belief, to followers of that religion or belief.
However, these specific rules do not apply if the sole or main purpose of your organisation is commercial.

link
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85027/vcs-religion-belief.pdf
sorry, pressed submit.
It would seem from this that the Sunni Imam can refuse use of the mosque with or without his services, to a Shia Muslim on the basis that they are practicing, teaching and advancing a specific belief (subset of a religion) and are NOT primarily a business.
If you are in an official capacity and dealing with points of law though, do you not have access to proper legal advice?
Hc, That does seem like a fair comparison
Question Author
Thanks, Woofgang, that has cleared up a point of law but it is usual practice and customI'm trying to get to grips with.

She is claiming that the mosque is for all Muslims in the absence of a Shia mosque in the locality. If I approach the mosque I think it will be apparent to them who the complainant is so I need to tread carefully. I will contact another mosque outside the area if I can't get a definite answer here.
Change 'mosque' to 'Church' and change Shia/Sunni to Roman Catholic/Protestant and surely you have your answer? Would you approach a Catholic Priest to ask why he has refused to marry a Protestant couple in his church?
Only the Church of England is obliged to permit burials of members of other faiths (or of other branches of Christianity or non-believers) within their churchyards and burial grounds. Even then, only a Christian service, or no religious service at all, is permitted. [Burial Laws Amendment Act 1880].

All other religious bodies are free to determine the religious practices that take place within their premises. For example, while Orthodox Jewish synagogues might welcome followers of Reform Judaism to worship with them, they're unlikely to permit Reform Judaism practices, per se, to take place there. That appears to be roughly in line with what the Imam of the Sunni mosque is saying.
hc, if she is making an official complaint that she is being discriminated about then, IMO custom and practice doesn't come into it. "Official" complaints must be based in the relevant law or by-law. Custom and practice for Sunni and Shia Muslims after all is implacable hatred!
Question Author
Thanks all. Now I just have to convince the complainant that she is not being discriminated against in the legal sense and hopefully a Shia Imam will help.

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