Dad Loses Court Battle to Make Carers Trim His Son's Pubic and Underarm Hair According to 'Recommended' Islamic Practice
A British Muslim father lost his court bid to obligate the carers to trim his disabled adult son's pubic and underarm hair according to the "recommended" Islamic practice. The court wouldn't release the identity of the complainant who is from West Yorkshire, England.
Court records show that the man, who has the mental capacity of a toddler, was brought up in a Sunni family home but had to be put in a care home. His father wanted him to adhere as much as possible to the tenets of the Islamic faith, which is why he asked the social workers looking after his son to trim his hair.
Islam teaches its followers to follow personal hygiene, including trimming of nails and removing body hair. Both men and women should remove armpit and pubic hair at least every 40 days. A beard is allowed for men, and women can remove "unnatural" facial hair, but they shouldn't reshape their eyebrows.
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The institution turned down the request, prompting the father to seek legal redress, the Examiner reported. The case reached the Court of Protection where Senior Judge Cobb ruled in favor of the residential home care as the petition is not in the son's best interest and will serve no purpose.
Justice Cobb noted that the man has already suffered from a range of disabilities his whole life. "I am anxious that he should be spared additional stresses in his life and wish to protect him and the staff from the risk of harm - an approach which itself has the endorsement of Islamic teaching," he said.
The ruling explained that shaving body hair is not "wajib" or obligatory in Islam but only "mustahab" or a recommended practice. As such, there is no religious duty or obligation for a disabled person to trim his own body hair. The court also relieved the son of any obligation to fast during Ramadan.
