Muslim man asks to be excused from jury duty owing to religion

Judge turns down request, says many many Muslims serve as jurors, adding he must honour public duty

A judge in the United Kingdom turned down a Muslim man’s request to be excused from jury service claiming it was against his religion.

The man wrote to the Old Bailey, the Central Criminal Court of England and Wales, after receiving a summons, saying his beliefs mean he could not sit in judgment.

“As a Muslim, I believe you shouldn’t judge anyone and can’t come to any decision regarding another person. I could not take the responsibility of judging a person innocent or guilty. ‘I believe we are judged after our death and I would hate to think an innocent person would suffer because of the evidence and my decision,” he said in the letter.

However, Judge Timothy Pointus QC informed him that many jurors are devout Muslims who saw no conflict between their religion and deciding the fate of fellow citizens, saying he must honour public duty.

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Rules regarding jury service were tightened in early 2000s to prevent abuses of the system by people falsely claiming to be exempt. But jurors can still be excused if their religious ‘tenets or beliefs’ are incompatible.

The man explained to the judge in person at the court that he would be very uncomfortable coming to a decision and would not like to take on that responsibility.

Judge Pontius said, “Many understandably will have religious beliefs and are members of one faith or another. It is common for many members of the jury to be practising Muslims, some hold their religious faith very deeply indeed, and yet are content to sit in judgment of fellow citizens.”

The juror was asked to appear at the Old Baily this morning to argue his case. PHOTO: DAILY MAIL

The man conceded he would want a jury to decide on a crime committed against his family and agreed to serve if summoned. He said, “I’ve made my excuse, I’ve written to you asking for my dismissal. I live in this country and have to go by the law, but if you order me to be of service, that is my responsibility.”

Judge Pontius told him not to “for a moment doubt the strength of your religious beliefs, but for the reasons I have set out and applying the logic which I have expressed about the position, I regret I can’t excuse you from jury service.”

Prior to the change of rules for jury service, one in seven failed to respond to the summons and did not turn up and a quarter of those summoned were excused. Medical reasons, caring for the elderly or children, work commitments, studying for exams and transport difficulties were common excuses. The reformed system insists that even lawyers must take their turn.

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People can still avoid jury service if they are medically unfit, over 70 or under 18, or if they are in the Armed Services and their commanders say they cannot be spared.

The article originally appeared on Daily Mail