Baroness Uddin on Coronavirus Bill in the House of Lords

Baroness Uddin on Coronavirus Bill

in the House of Lords

Dr. Mozammel Haque

Following is the contribution of Baroness Manzila Uddin when there was 2^nd Reading of the Emergency Legislation on Coronavirus Bill at the House of Lords on 24 March 2020. 

Baroness Uddin started by saying that it is her privilege to follow the noble Lord, Lord Hastings. She said, “I agree with entirety of his contribution. The entire world faces the colossal fear – unimaginable a few weeks ago – of an outbreak of such magnitude; a public health emergency.”

Death of Dr. Fuad Nahdi

Baroness Uddin said that Dr. Fuad Nahdi died ultimately due to coronavirus. She maintained, “Only today, Dr. Fuad Nahdi’s family laid him to rest as I sat in the Chamber. He lost his battle with several health conditions and finally succumbed to coronavirus. I do not know whether he was able to be resuscitated – whether that facility was available to him. But he was an outstanding community champion and he worked relentlessly - tirelessly – with Government Ministers, churches and the community to keep people safe post 9/11.”

Baroness Uddin expressed her condolences, heartfelt prayers and good wishes to his family.

Shortage of resuscitation units.

Baroness Uddin then mentioned about the shortage of resuscitation units. She said, “Dr. Rosena Allin-Khan, an honourable Member of another place, has called for urgent attention to be paid to the shortage of resuscitation units. These are already full, she says, in many hospitals as the numbers of admissions rise. NHS staff faces an incredible decision: who will live and who will die? I add my thanks to all those NHS and front-line brave hearts who are putting their own life and well-being aside to take care of us and others.”

Deeply troubled by some sections

of the proposed legislation

Acknowledging the incredible insights by some organisations, Baroness Uddin said, “Since the Bill was published, all parliamentarians have been inundated by constituents and community and business groups alike; they support Government measures but are deeply troubled by some aspects of the proposed legislation, and its short-and long-term impact on significant sections of our vulnerable communities. I record my thanks for their incredible insights, to Toni Meredew at account 3; James Lee at the City of London Corporation; Inclusion London; Haji Taslim Funerals; The East London Mosque and Hasina Zaman Compassionate Funerals.” 

Speaking about the power in the Bill at Schedule 28, Baroness Uddin said, “I wish to make a point about the power in the Bill at Schule 28, which proposes to suspend taking into consideration the preferences of the deceased, regardless of the religious duties and obligations. I apologise to the House for taking a few more minutes to finish this point. The Bill suggests using powers to direct the deceased to be cremated if there is a lack of capacity at storage facilities, thus suspending Section 46(3) of the Public Health (Control of Disease) Act 1984, whih prohibits cremation against the wishes of the deceased. This has caused serious panic and anxiety in many parts of our communities and many have written to ask us to raise that matter as Members of Parliament. The honourable Member for Bradford West tabled an Amendment to the Bill and has now withdrawn it. I am thankful for her outstanding campaign to mobilise and bring about the Government understanding that, even in these times of national existential threat and crisis, we will remain resolute in remaining a society that values freedom of coice, particularly around the dignity of human death.”

Baroness Uddin mentioned, “I spent the whole weekend speaking to various organisations that lead funeral services, including those I mentioned earlier. Will the Minister agree to consult and work with them and with faith-based organisations along the lines that I referred to earlier to ensure –“

Wishes of the deceased will be respected?

Baroness Uddin referred to the provisions in Part 4 of Schedule 28 in relation to the wishes of the deceased, and said, “With the leniency of the House I will ask my final question. I appreciate the fact that the Paymaster-General has given his assurance, but will the Minister assure us that the provisions in Part 4 of Schedule 28 in relation to the wishes of the deceased will be respected? I thank noble Lords for their leniency.”

Lord Sheikh on Coronavirus Bill in the House of Lords

Lord Sheikh on the Coronavirus Bill

in the House of Lords

Dr. Mozammel Haque

On 24^th of March 2020 at the House of Lords Lord Mohamed Sheikh of Cornhill commend the Government for bringing forward this important piece of legislation on Coronavirus.  

Lord Sheikh said, “We are indeed facing challenging times. The coronavirus has caused widespread disruption and tragedy. Families have been torn apart and businesses forced to close. I was in self-isolation but felt that it was important to contribute today as this Bill raises important questions about the treatment of the deceased.”

Paid tribute to members of the Muslim community

Lord Sheikh said, “Thep ermission granted to local authorities to cremate the deceased caused anxiety within the Jewish and Muslim communities. I therefore broadly welcome the Government’s decision to amend the Bill to provide safeguards against this practice. I pay tribute to members of the Muslim community, who have all worked together on this issue to face the problems in a true spirit of solidarity. There should be respect for the souls of our dead. Our collective human dignity and preservation should not be compromised and defeated by this pandemic.”

Islam strictly forbids cremation of the

deceased in any circumstances

Lord Sheikh referring to Holy Qur’an said, “ It is important to emphasise that Islam strictly forbids cremation of the deceased in any circumstances. There are verses in the Holy Qur’an which state that the body must be buried. We regard what is written in the Holy Qur’an as the words of God, and we need to abide by them. There is a great deal of disquiet and concern about the provisions of the Bill relating to this subject. I have had discussions with, and received correspondence from, leaders of mosques, burial grounds and Muslim organisations, and scholars, who all recognise the practical challenges of burials due to the coronavirus pandemic. This has caused deaths in the community to become a major talking point, as a number of Muslims have underlying health issues including heart and lung conditions and diabetes.”

Guarantee that cremation do not take place

against the will of the deceased’s loved ones

Lord Sheikh said, “ Although I welcome the Government’s concession, I fear that it may not go far enough, as there is a chance that cremations could occur in exceptional

circumstances. I would therefore be grateful if my noble friend the Minister could inform your Lordships’ House as to whether Her Majesty’s Government will give further guarantees to ensure that cremations do not take place against the will of the deceased’s loved ones in any circumstances. These guarantees are absolutely essential.

The Muslim community is keen to work with local authorities to find solutions to the challenges arising from the coronavirus pandemic.”

Fatwa issued by the Ulama Council

of the UK Islamic Mission

Lord Sheikh mentioned about a Fatwa; “A fatwa has been issued by the Ulama Council of the UK Islamic Mission, which has declared that the practices of Ghusl and Kafan have been suspended in the present climate. Ghusl means washing the body and Kafan means shrouding the body in accordance with Islamic principles. The deceased’s body will therefore be buried as it is received in a body bag. Furthermore, the burial prayers will be performed in a graveyard from a convenient distance at the time of the burial or offered at the grave after the burial has taken place.”

Lord Sheikh mentioned some concerns

Lord Sheikh said, “Today, I was told that there is a shortage of body bags in mortuaries. That needs to be addressed. Mosques and burial grounds are providing protective clothing to their members who will deal with burials. The number of friends and relatives of the deceased at the funeral is being kept to a minimum. The community also acknowledges that there may be problems regarding burials in the light of a shortage of land and is willing to work with authorities to find solutions.”

Muslim Charity willing to provide support

Lord Sheikh mentioned some of the proposals made, “A number of proposals have been made, including: burying bodies one on top of the other; burial in the garden of the deceased person, if this is possible; and burial in mass graves. In relation to the latter, local authorities will need to provide the appropriate land for this to happen. Today, I spoke to the head of a major Muslim charity who is willing to provide support.”

Lord Sheikh said, “The coronavirus pandemic has raised many challenges for our global and local communities. It is vital that we strike a balance between addressing the concerns of our communities and enforcing this important legislation.

Lord Bethell the Minister in his winding up

speech included the following paragraph:

Lord Bethel the Minister said, “I am sincerely grateful for the important contributions made by my noble friend Lord Sheikh and the noble and learned Lord, Lord Falconer, who asked what steps we have taken to ensure that there are no forced cremations for religious followers. This is a very delicate issue, and stakeholder engagement has been moving and persuasive.”

Lord Bethel the Minister said, “I reassure noble Lords that we are engaging with faith communities to make sure that contingency measures are designed with due consideration for different practices around managing the deceased.”

During the Minister’s reply Lord Sheikh intervened and said as follows:

“Is my noble friend able to give me the guarantees that the community is looking for with regard to burial and cremation? They are looking for assurances and guarantees.”

The Minister Lord Bethell answered as follow:

“My noble friend Lord Sheikh spoke very movingly. The amendment agreed to in the Commons is, I believe, an extremely important step in the right direction. A huge amount of discretion is given to local councils to make arrangements with the communities that they know best. This is a set of  decision-making that is best made at a local level, and for that reason I would prefer to leave it in the hands of the amendment and in the hands of the local councils. However, I want to be clear that faith communities will be involved in the drawing up of statutory guidance that will be issued before any direction affecting burial or cremation is issued. It is of the utmost importance during this difficult time that we continue to respect people of faith and their beliefs.”

Amendment to Burial Issue has been accepted

Amendment to Burial Issue Accepted

Dr. Mozammel Haque

As the Parliament went to debate on Monday, 23 March 2020 Muslim community was requested to contact or write to their political representative Member of Parliament to them to have a Muslim burial and not cremation. Muslims were also asked to write to their MPs to support *Naz Shah MP amendment Bill on concerns about religious *burials/cremations*.

Muslim Council of Britain (MCB)

The MCB held a Community Briefing with a number of experts to discuss the seriousness of the Coronavirus pandemic. It is not enough to talk about it, we must act now to save thousands of lives.

Amendment to the Burial issue has been accepted and nobody will be cremated against their wishes. Alhamdolillah.

Campaign Work

Following Campaign letter was distributed:

“I am writing to ask you to add your support to the below amendment which has been tabled by Naz Shah MP.

“These are exceptional times we live in which require exceptional measures to keep our country and our people from avoidable harm be that harm to people`s economic physical mental spiritual moral or general wellbeing . We fully support all necessary measures proposed by our Government to deal with the current Covid-19 emergency.

“The draft emergency bill is due for further consideration by our legislators on Monday the 23rd march. One element of the bill is causing particular alarm amongst some of our faith based communities for whom the treatment of a deceased person is part and parcel of the observance of their faith. It will also affect anybody of no faith who has expressed a wish to be buried after death. It is a fundamental human right for a person to be buried if that is what that person wishes. This right is enshrined in Article 9 of both the European Convention on Human Rights and the Human Rights Act 1998. This protects people`s freedom of thought conscience and religion including the right to practice and  observance. 

“I am concerned that the  bill proposes enforced cremation where that is seen to be necessary whether that is due to the shortage of storage space for dead bodies or lack of sufficient land for burial. I am concerned that enforcing  authorities will be given the power to override the wishes of the deceased their families and their religious obligation.

“For certain faith groups cremation of the body of a deceased person is specifically prohibited and a major sin. Any forced application of this law to cremate will cause untold trauma and spiritual and moral harm and anxiety at a time when people will already have had to deal with the grief of losing a loved one.  It will be the cause of major and lasting damage to community cohesion at a time when we need to come together more than ever. Given the above can you please add your support to this amendment.

“In the Coronavirus Bill

SCHEDULE 27 – PART 2 IN RELATION TO Disapplication of legislation relating to deceased’s wishes

Insert 5(d):

"In respect of sub-paragraphs 5 (a), (b), (c) where a deceased is to be cremated and it goes against their religious belief the designated authority must consult the next of kin or Power of Attorney or the relevant local faith institution in so far as reasonably possible to find a suitable alternative before proceeding with the cremation"

In Paragraph 6 (1), INSERT: “having had due regard to paragraph 5(d) of this Part”

Explanatory notes: Only in unprecedented circumstances, these clauses may be needed as the local authority has capacity issues and therefore the next of Kin, Power of Attorney or local faith institutions i.e. Church, Mosque, Synagogue can support in providing the relevant support, in order to respect an individual’s wishes.

1) Naz Shah MP

2) Wes Streeting MP

3) Steve Baker MP

4) Mohammed Yasin MP

5) Imran Khan MP

6) Christian Wakeford MP.”

Rt. Hon. Steve Reed MP

I have emailed letter to my MP in the light of the above campaign work for to support *Naz Shah MP amendment bill on concerns about religious *burials/cremations*. I received following letter from my MP Rt. Hon. Steve Reed OBE.

“Dear Dr Haque,

Thank you for taking the time to write to me about the Coronavirus Bill 2019-2021 that is currently urgently proceeding through the House of Commons and in particular the fact that as initially drafted it would have allowed designated local authorities to disregard section 46(3) of the Public Health (Control of Disease) Act 1984, which is designed to prevent a local authority from being able to cremate a body against the wishes of the deceased.

Led by my colleague Naz Shah MP, Members of Parliament from across the House raised concerns about how the Bill was initially drafted will affect those whose religion forbids cremation.

I am glad to report that the government has now listened to these concerns and bought forward their own amendment that will mean a Local Authority must consult next of kin and faith organisations before someone was cremated.

I hope that this a positive outcome and thank you once again for taking the time to raise this issue with me.

If in future there is any other issue with which I can be of assistance, please do not hesitate to write back to me and I will be happy to do what I can to help.

Sincerely,

Steve Reed OBE MP

Member of Parliament for Croydon North”

Naz Shah MP

Government have put in an Amendment following the Amendment by Naz Shah MP to provide legal protection against cremation.

Naz Shah twittered: “I’m so relieved that the government have listened to what we’ve said about  religious burials for Muslim Jewish people and have brought forward an amendment to address our concerns. I don’t need to push my amendment to a vote. Thank you so much everyone for your support.”

Naz Shah MP Thanks Muslim community

On Monday 23 March 2020 Coronavirus Bill was debated in the House of Commons and during the debate Muslim burials/cremation was also debated.

House of Commons - Coronavirus Bill
Burial/Cremation Issue

Rt. Hon. Nick Thomas-Symonds MP (Torfaen) (Lab) said in the debate in the House of Commons: “The Issue of burial has clearly caused great controversy. I know that the Paymaster General is one of the people who have came up with the final version on this matter, and I thank her for the efforts that she has made. This issue is clearly vital for Muslims and those of the Jewish faith. Clearly, they need to be in a position where we respect their rights about burial as far as we possible can. The wording of Government amendment 52  is now much stronger, and I welcome that, but the Government could also communicate with local authorities as to how they want that measure to be interpreted in the days and weeks ahead.”

Rt. Hon. Naz Shah MP (Bradford West) (Lab) said, “Members have said that a 100% guarantee that nobody will be cremated against their wishes would be very welcome. Does my hon. Friend agree?”

Nick Thomas-Symonds said, “Yes, and I congratulate my hon. Friend on the work that she has been doing on this matter in recent days; it has been most welcome.

Naz Shah MP thanks MCB, MINAB, BBSI, Wifaqul Ulama and some individuals re their work during the campaign to make achieve an amendment to the Coronavirus Bill, which referenced Cremation.

Muslim community welcomed the amendment saying “Alhamdolillah the amendment to the burial issue has been accepted. Excellent work done by those tho have lobbied their MPs signed petitions. Our thanks to Rt. Hon. Naz Shah and all the other MPs who have supported the Amendment. Alhamdolillah. May Allah Subhanahu Wa Taala bless and protect us all in these difficult times and give Shifa to those who have been affected.”

Amendment to the Burial/Cremation 

Secretary Matt Hancock

Schedule 27, page 316, line 41, leave out paragraph 5

Member’s explanatory statement

This amendment removes paragraph 5 of Schedule 27, which is replaced by amendment 2.

Secretary Matt Hancock 2 Schedule 27, page 320, line 15, at end insert—

“PART 3A

DECEASED’S WISHES ETC

“13A(1) In carrying out functions under this Schedule local authorities and the appropriate national authorities must have regard to the desirability of disposing of a dead person’s body or other remains—

      (a) in accordance with the person’s wishes, if known, or

      (b) otherwise in a way that appears consistent with the person’s religion or beliefs, if known.

(2) In carrying out functions under the legislation listed in sub-paragraph (3), designated local authorities must have regard to the desirability of disposing of a dead person’s body or other remains—

      (a) in accordance with the person’s wishes, if known, or

       (b) otherwise in a way that appears consistent with the person’s religion or beliefs, if known.

(3) The legislation is—

      (a) section 46(1) or (2) of the Public Health (Control of Disease) Act 1984 (local authority to arrange burial or cremation where no other suitable arrangements being made);

       (b) section 25(1) of the Welfare Services Act (Northern Ireland) 1971 (corresponding provision for Northern Ireland).

(4) The following do not apply to a designated local authority—

         (a) section 46(3) of the Public Health (Control of Disease) Act 1984 (local authority not to cause body to be cremated under that section contrary to the wishes of the deceased);

         (b) in section 25(5) of the Welfare Services Act (Northern Ireland) 1971, the words from “and a body” to the end (corresponding provision for Northern Ireland);

         (c) regulation 6 and 13(a) of the Cremation (Belfast) Regulations (Northern Ireland) 1961 ((S.R. & O. (N.I.) 1961 No. 61) (which provides that it is unlawful to cremate the remains of a person who is known to have left a written direction to the contrary etc).

(5) The appropriate national authority must give guidance as to the discharge by local authorities of duties under this paragraph.

(6) Local authorities must have regard to any guidance given under subparagraph (5).

(7) In this paragraph “designated local authority” means a local authority for the time being designated under paragraph 4.”

Member’s explanatory statement

This amendment ensures that in carrying out functions under Schedule 27 and certain other legislation, local authorities and other public authorities have regard to the desirability of disposing of bodies in accordance with people’s wishes, religions and beliefs (if known).

UK Mosques Cancel Congregational Prayers and Other Activities

Mosques Emergency Plan of Action

Immediate Suspension of Activities

and Congregation Prayers

Dr. Mozammel Haque

Coordination Council of Mosques consisting of 22 Islamic Centres and Mosques of the  United Kingdom has taken the following Mosques Emergency Plan of Action: immediate suspension of activities and congregational prayers. It said to cancel all major activities at their mosques with immediate effect from 18 March 2020 as a temporary measure. This includes:

-          Jumu’ah prayers

-          Daily Congregational prayers

-          Madrasah and educational classes, conferences and other regular activities.

Statement from the Coordination Council of Mosques

The statement said as follows:

“The recently declared pandemic of COVID-19 has gripped the world in fear and hysteria; however, such a generational event presents a unique opportunity of spiritual introspection for a believer, rather than the emotion, which gives rise to frenzied, irrational conduct.

“Pondering the Qur’an, we find that Allah ta’ala reassures us that life is ultimately dependent upon Him. When misfortune strikes, the fragile nature of life becomes ever apparent, and we tend to forget that it is Allah ta’ala who gives life and causes death; and that none, save Him, can do so. We find that Allah ta’ala emphasis that all that transpires in existence does so at His decree:

“Say, ‘Never will happen to us except what Allāh has decreed for us; He is our Protector.’ And upon Allah let the believers place their trust/reliance.” [9:51]

“In addition, we are ever reminded that in times of calamity and adversity, ultimate saviour lies in returning, repenting and humbling ourselves before His Majesty:

 “Then why, when Our punishment came to them, did they not humble themselves? But their hearts became hardened, and Satan made attractive to them that which they were doing.” [6:43]

“Following the latest rulings (fatwa's) from many reputable scholars, several Shari'ah Boards, as well as the latest UK governmental guidance and advice from medical organisations, the undersigned mosques have taken the unprecedented and difficult move to suspend all congregational services and activities. This is a decision that was not taken lightly and has been done to prevent the further spread of the virus in our mosques and the UK at large, with the foremost being the protection of the elderly and vulnerable amongst our communities.

“All mosques and faith institutions have a duty of care towards their communities. A unanimously agreed upon legal maxim in the Shari’ah states that: preservation of life takes precedence over the public commission of significant acts of worship, as well as the principle: Harm is to be removed. For these reasons, the undersigned are cancelling all major activities at their mosques, effective from the date of this statement, as a temporary measure. This includes:

· Jumu’ah prayers · Daily congregational prayers · Madrasah and educational classes, conferences and other regular lectures.

“We ask everyone to pray salah at home, this includes Jumu’ah, which should be replaced with the normal dhuhr (mid-day prayer consisting of 4 raka’at) prayer. Our mosques and Islamic centres shall ensure that telephone and online consultations with imams are regularly available during this period. We heavily advise communities to resort to their local Mosques and established organisations for Islamic advice and rulings. We also urge them to heed governmental advice regarding social interactions and precautions, all with the aim of reducing and containing the spread of the virus- both of which are ethical and Islamic objectives and protecting the most vulnerable in our communities.

The onset of mass self-isolation gives the opportunity to reconnect with Allah ta’ala in moments of seclusion rarely gifted in today’s world, allowing us to rediscover the Qur’an in preparation for Ramadan, praying Jema'ah with our family or performing additional acts of worship that have been largely ignored. We should also seek to serve our community and the creation in a safe manner, reducing risk to the vulnerable in our communities and observing the communal, collective obligation of assisting one another, with affection and compassion.

 Coordination Council of Mosques

1. The Islamic Cultural Centre & London Central Mosque

2. Al Muntada Al Islami

3. Jamiat e Ulama Britain

4. East London Mosque & London Muslim Centre

5. Birmingham Central Mosque

6. Glasgow Central Mosque

7. Manchester Central Mosque

8. Markazi Jamiat Ahlehadith UK

9. Edinburgh Central Mosque

10.Al Manaar – Muslim Cultural Heritage Centre

10.Al Manaar – Muslim Cultural Heritage Centre

11.Banbury Sheikh Bin Baaz Masjid

12.Muslim Welfare House

13.Quba Islamic Centre

14.The Wisdom Cultural Islamic Centre

15.Finsbury Park Mosque

16.Green Lane Mosque

17.Al Salaam Islamic Centre

18.Al Farooq Education and Community Centre Glasgow

19.Al Nagashi Mosque & Centre

20.Masjid Al Tawhid

21.Mayfair Islamic Centre

22.West London Islamic Centre – Ealing

London Central Mosque Trust & Islamic Cultural Centre

The London Central Mosques Trust & Islamic Cultural Centre also issued a press release cancelling all major activities effective from this evening of Wednesday 18 March 2020 to safeguard against the Coronavirus. This includes:

-          Jumu’ah prayers

-          Daily Congregational prayers

-          Madrasah and educational classes, conferences and other regular activities.

Council for Mosques Press Statement
In this connection, I would like to mention that the Council for Mosques Excecutive Board has issued the following press statement on 18 March 2020:
@We strongly recommend with an immediate effect:
a) Mosques to suspend their congregational five daily prayers.
b) Mosques to suspend the congregational prayer on Friday.
c) Mosques and Madrasas to suspend all Madrasa activities. 
d) Janaza prayers will be performed at the cemetery.

Lord Nazir Ahmed
Lord Nazir Ahmed of Rotherham has tabled the following questions at the House of Lord on 18 March 2020 on religious gatherings and Friday prayers.
- To ask HM Government whether they will discourage religious gatherings due to COVID-19 virus.
- To ask HM Government what advice they have provided to the Muslim community regarding Friday prayers and whether they will encourage them to plan Ramadan 2020 within this month.