AGM Report 2009 - Muslim Burial Council of Leicestershire

MBCOL ANNUAL REPORT 2009 MUSLIM BURIAL COUNCIL OF LEICESTERSHIRE
2009
ANNUAL REPORT
Registered Charity Number: 1087143
Company Registration Number: 5406938
www.mbcol.org.uk
MBCOL ANNUAL REPORT 2009 CONTENTS Agenda - 7th Annual General Meeting 20th June 2009
3
Minutes of the AGM held on 15th June 2008
4
Chairman’s Report
12
Secretaries Report
14
Treasurers Report
18
Management Committee (2008 – 2009)
20
Muslim Funeral Arrangers
21
MBCOL Member Organisations
22
Events, Press & PR 2008/2009
24
Appendices
1.
Audited Accounts Year Ending 31st March 2009
27
2.
Funeral & Bereavement Services Survey
31
3.
Achieving Success, Aiming Higher
34
2
MBCOL ANNUAL REPORT 2009 MUSLIM BURIAL COUNCIL OF LEICESTERSHIRE 7th Annual General Meeting ‐ 20th June 2009
Day:
Saturday
Date:
20th June 2009
Time:
5pm Registration for 5.30pm Start
Venue:
Central Mosque
Conduit Street
Leicester
LE2 1DS
Agenda:
1.
Tilawat from the Holy Quran
2.
Welcome by the Chairman
3.
Apologies
4.
Minutes of the 6th Annual General Meeting held on 15th June 2008
5.
Matters Arising
6.
Chairman’s Report
7.
Secretary’s Report
8.
Treasurer’s Report
9.
Appointment of Auditors
10.
Centralised Project / Resolution
11.
AOB
12.
Duaa and close of meeting followed by meal.
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MBCOL ANNUAL REPORT 2009 Minutes of the 6th Annual General Meeting ‐ 15th June 2008 Day:
Sunday
Date:
15th June 2008
Time:
10:30 Registration for 11am Start
Venue:
Memon Centre
7 Abbotsford Road
Leicester LE5 4DA
Tilawat from Holy Quran Maulana Sajid Bulbul gave a recitation from the Holy Quran to initiate the meeting.
Registration & Apologies A list of apologies was read out and was duly noted.
Welcome & opening remarks by the Chairman Br Suleman Nagdi (Chairman) welcomed the members and guests and presented brief opening
remarks.
Presentation of Annual Report Br Suleman Nagdi began by updating the membership regarding MBCOL’s work at European level.
He mentioned some of the visits MBCOL has had from representatives from the continent. He also
mentioned visits from the Malaysian Embassy which led to discussion surrounding MBCOL working
with Muslim governments and the possibility of MBCOL acquiring a Non Governmental
Organisation (NGO) status.
Br Suleman also mentioned the Centralised project and the property offered by the Council to
MBCOL at the Saffron Hill Cemetery extension. Br Suleman described the property the Pavilion
Building at the Ayelstone Park football ground as a large spacious building which could easily
accommodate all of MBCOL’s requirements.
Br Suleman informed the membership that a viewing of the property had been arranged for 22nd June
2008 and a further meeting to discuss the proposal was arranged for the weekend after. Br Suleman
emphasised that the proposal was only at the consultation stage and commitment had not yet been
made.
Br Suleman touched on some of the many requests that are made to the Burial Council and also said
how important it was that MBCOL expand and develop it services. He then talked about the Trustee
elections that was to follow once the AGM had been concluded. He informed the membership that
seven Board members from the current Board would be stepping down. Nominations for the
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MBCOL ANNUAL REPORT 2009 elections had already been received by the office however members could still nominate candidates
should they wish.
He went on to remind members the importance of nominating candidates that would be fit for the job
and at the same time reflect the community that MBCOL is commissioned to serve. It was imperative
that the Board is not dominated by any one community or by any one school of thought. It was
crucial that the Board reflects the Muslim community of Leicester and Leicestershire.
Br Suleman also asked members to bear in mind that the demands placed on the elected Board
member will be substantial. It was therefore important that the nominations that come forward are
able to dedicate the time and are prepared to take on the work load.
It was also important to note that the nominations that come forward are of individuals that are able
to contribute to the variety of issues that come to the Burial Council.
He went on to say that the post will evolve a high level of commitment without remuneration or
financial gain. Br Suleman emphasised this point in turn dispelling rumours regarding the integrity of
Board members.
Br Suleman then reported on the proposal made at the last AGM by the Swahili Speakers Association
regarding the translating of MBCOL’s handbook into Swahili, Somali and Arabic. He reported
saying that there is progress on this work and MBCOL was confident that a print will be in
circulation soon.
Br Suleman also mentioned that progress on the new multi faith version of the original handbook. He
said that this new publication will go a long way to show the calibre of work produced by the Burial
Council. It will also demonstrate how MBCOL has worked with other faith groups in order to
produce this landmark publication. It has led the way in this area with other communities following.
Br Suleman concluded his report by thanking members for attending and also thanking his fellow
Board members and Board advisors for their support. He also thanked the volunteers who helped
facilitate the event.
Br Suleman then specifically mentioned Br Muhammad Muneer who was retiring from the Board of
the Burial Council due to ill health. He thanked him for his support, service and guidance.
Secretaries Report Br Adam began by directing members to the Annual Report which included the Secretary’s and
Treasurer’s Reports and also the minutes of the previous AGM.
He asked members to turn to the Minutes of the Annual General Meeting held on 7th June 2007
which was also item four of the agenda.
The minutes of the Annual General Meeting held on 7th June 2007 were noted, and confirmed as true
record.
Proposed by:
Seconded:
Br Ahmed Ravat
Br Kamruddin Sheikh
The Treasurers report was also noted, and confirmed as true record.
Proposed by:
Seconded:
Br Khalid Ebrahim
Br Bashir Kassam
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MBCOL ANNUAL REPORT 2009 Br Adam then asked members who have any issues arising from the reports to direct their relevant
enquiries for an appropriate response.
Treasurer’s Report Br Rafique began his report by making reference to MBCOL’s financial arrangements with Leicester
City Council. He said they were clearly unsuitable when one considers the way in which MBCOL
has been functioning recently.
Br Rafique added that the Muslim communities had grown in recent years and this had brought very
specific problems and issues that MBCOL has had to tackle.
This demand on MBCOL’s services then led to dialog between MBCOL and Leicester City Council.
Following a number of meetings it was decided that the best way forward would be for MBCOL to
submit a forecast of income and expenditure every year to the local authority and that the funding
allocation would then be based on that.
Br Rafique then mentioned some of the work that MBCOL had been involved in specifically talking
about the multi-faith book on bereavement and requests for training.
He also mentioned the demands placed on the office in terms of enquiries and administration. This
led the Board to create a full time post where the pay has also been increased to reflect the level of
work and the hours of employment
Br Rafique then talked about the increase in funeral charges. He said that members should be quite
clear that MBCOL has no part to play in setting the level of fees and charges nor is MBCOL
consulted when this is done. The figures are revised annually by the Local authority however
MBCOL does make a point every year of writing to them to raise the concerns of the community.
Br Rafique then went on to thank some of the contributors to MBCOL namely Br’s Munavar and
Arshad Jamal at Leicester Auto Electrical and Br Imtiaz Dassu and all the other volunteers who have
helped over the course of the year.
Br Rafique closed by also thanking Smith Hannah, accountants for MBCOL, for their contribution
Matters Arising A Brother from Sunni Muslim Jammat implied that MBCOL was not doing enough to object to or
reduce the Council’s annual increase in funeral costs
Br Rafique responded saying that the annual increase by the local authority is based on various
factors, such as land cost, labour costs, cemetery maintenance costs etc. These charges are then also
aligned with those charged in the neighbouring cities and counties. MBCOL unfortunately has no
influence in the way these costs are worked out
Br Suleman added that members need to understand MBCOL’s remit. There are certain issues that
MBCOL cannot influence such as local government budgeting and spending. MBCOL has no prior
knowledge of any of the costings and the only time it does is when it is informed by a general notice
from the local authority. It should also be noted that it has always been a practice of the Burial
Council to write to Local authority in protest of the annual increase, this is documented.
Members should also consider that an increasing number of Leicester residents choose to be
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MBCOL ANNUAL REPORT 2009 cremated, the current ratio being 70% cremation and 30% burial. The Local authority has to budget
and maintain its burial systems from the income of that 30%; as the income is nominal the cost to the
user will be higher.
Even after understand the cost make up it must be noted the MBCOL has still put its objections on
record and will always continue to do so.
The Brother from Sunni Muslim Jamaat disagreed saying that the Council charges were improperly
made up. He said that at a recent meeting with the Council that MBCOL also attended they were told
that the interment fee of £425 was for basically opening and closing the grave. He also said that the
fee of £100 for the use of the Janazgah was also far too high. He closed saying that MBCOL also
charged £325 or so where they are supposed to be providing a voluntary service to the community
Br Suleman protested strongly saying that to begin with the meeting he talks of was not called by
MBCOL nor was it called by the Local authority but in fact called by members of the public. It was
not the duty of members of the public to call meetings to discuss issues such as these. The
community and the membership has mandated MBCOL for this task and if the correct procedure had
been adopted and followed (addressing concerns through the elected body) then perhaps the meeting
could have been more structured, focused and productive.
With regards to the interment fees, Br Suleman said that the Brother was again unfortunately
misinformed. MBCOL does not charge for any of its services. The local authority applies the charge
and the charges are not just for opening and closing of graves but in fact also cover administrative
and staff costs as well as record archiving costs. As far as the Janazgah was concerned Br Suleman
stated that with the aim of reducing its hire cost MBCOL began negotiating with the local authority
almost a year ago proposing to takeover of the Janazgah. Several meetings had already taken place to
discuss this proposal and those negotiations continue.
Br Suleman continued saying that it was grossly unfair to say that MBCOL has not done anything
regarding funeral costs. Members often forget that there is a lot that goes on behind the scenes, (a
reference to the annual report was made).
We should also be careful about how we negotiate with various departments and agencies. We need
to have foresight and diplomacy and be mindful of not creating animosity amongst the communities
of Leicester.
Br Mohamed Omarji addressed the members reiterating what Br Suleman had said. He confirmed
that MBCOL had approached the local authority on several occasion regarding the high charges,
documentary evidence of this could also be provided should anyone wish. With reference to the
Council meeting that the Brother from Sunni Muslim Jammat refers to he said that the Council have
promised to look into them and therefore it would better to wait until a response is received.
A Brother from Oadby & Wigston Muslim Association pointed out that the proposer of the accounts
presented at last year’s AGM was not present at last year’s AGM.
Br Faizal asked for the proposers name to be omitted and asked for a proposer who was present also
last year. Br Khalid Ebrahim proposed.
Br Faizal then took the opportunity and asked for the accountants for the coming year to be
appointed.
7
MBCOL ANNUAL REPORT 2009 Appointment of Auditors The accounting firm Smith Hannah Accountants & Auditors were duly appointed
The accounts for the year ending 31st March 2008 were also approved
Proposed by:
Seconded:
Br Khalid Ebrahim
Br Abdul Aziz Moti
Adoption of Election Rules Br Faizal explained circulated and explained the rules to the members present
The Election Rules were then approved and duly adopted
Proposed by:
Seconded:
Br Hussein (MKA)
Br Osman (SMJ)
AOB Brother from Masjid Al Falah asked for funeral arranger organisation to display their list of charges
and funeral costs on their notice boards including relevant contact numbers and details and many
service users are unaware of them
Br Suleman agreed saying that the funeral costs and charges and contact details should be displayed
on notice Boards and added that members couls also access the MBCOL website
(www.mbcol.org.uk) where this information is also readily available
A Brother asked for future funeral training sessions to held outside important Muslim dates as the
last one was held during Muharram which was a time some found difficult to attend
Br Zubeir responded saying that the date for the last session was not set intentionally to coincide with
Muharram and agreed to consider important Muslim dates when arranging sessions in the future
A Brother congratulated the Board on the handbook “Guidelines on Death and Burial of a Muslim”
saying he found it to be most informative and helpful
A Brother from the Somali Burial Trust also took this opportunity to thank MBCOL and the various
organisations that have helped the Somali community with their funeral requirements
A Brother from Masjid Al Falah asked whether the Annual Report was circulated just amongst the
membership or wider as he was not happy with the questioners at the AGM being named in it
Br Suleman and Salim addressed this by saying that if members wished the names could be omitted
in future reports but the organisations they represent could be mentioned
This was agreed
Proposed by:
Seconded:
Br Inayat Pathan
Br Umar Shaykh
A Brother from Mombasa Khalifa Welfare Trust asked for the Board and the Councillors present to
look at the issue of burial charges. He felt that as time goes on more and more people will find the
costs difficult to meet
8
MBCOL ANNUAL REPORT 2009 This was noted
A Brother from MKSI suggested for members to look at various payment or insurance schemes that
could be started that may help their individual community members meet the charges.
Br Suleman pointed out that MBCOL is non sectarian and acknowledges that views vary on issues
such as this therefore each community will have to address this individually taking advice from their
respected Ulema.
A Brother from the Oadby and Wigston Muslim Association asked if the minutes could be sent to
members soon after the AGM rather than getting before the next AGM.
Br Faizal responded saying receiving them a couple of weeks before the AGM would work better as
members will recall discussions once they read the report and be better prepared for the forthcoming
AGM.
Br Suleman added that it is normal procedure and practice for minutes of an AGM to be presented at
the following AGM for discussion and approval. He further suggested that members could perhaps
take personal notes of issues discussed for better recall.
A Brother from the Memon Association commended MBCOL on all their work and thanked all those
involved for their sincerity. He especially mentioned Br Mohamed Omarji, Jame Mosque, for his
assistance in arranging the funeral for his beloved wife.
Br Suleman then introduced an organisation who wished to join MBCOL “Kind Aid International”
Br Suleman concluded by paying tribute to our late Brother Iqbal Sattar. A well loved and highly
respected community member. Br Suleman continued saying he was an inspiration to the Board on
which he had served for many years. His loss will indeed be felt by MBCOL and by Leicester as a
whole. He asked all those present to remember him in their duaa.
Br Suleman then closed the meeting, officially dissolving the existing Board. He then informed the
members that the next Board will convene once the elections have taken place.
Trustee Elections Br Faizal, election commissioner, explained the election process and rules to members present.
A small number of nominations with their profiles were received prior to the AGM and their profiles were
circulated with the membership packs. Other nominations were also made from the floor just before the
elections on the day of the AGM.
The following individuals were nominated.
1. Zubeir Hassam
3. Sikander Sattar
5. Mohamed Jakhura
7. Dr Rashed Akhtar
9. Adam Y Sabat
11. Hashim Duale
13. Bashir Kassam
2. Yakoob Dassu
4. Salahuddin Chugtai
6. Hashim Bahadur
8. Aeyoob Muhammad
10. Suleman Nagdi
12. Inayat Pathan
14. Abdul Aziz Moti
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MBCOL ANNUAL REPORT 2009 Following the nominations and the voting process the following individuals were voted in as Board members
for a term of five years:
1.
2.
3.
4.
5.
6.
7.
Zubeir Hassam
Adam Y Sabat
Suleman Nagdi
Yakoob Dassu
Dr Rashed Akhtar
Sikander Sattar
Hashim Duale
Br Faizal congratulated the newly elected Board members.
Meeting ended
PRESENT on 15h JUNE 2008
Baitul Mukarram Mosque Trust - M A Khayam, M Rahman
Belgrave Muslim Welfare Association – A Jamal, A Jamal
Central Mosque - M Salim, H Jussab
Cutchi Muslim Sunni Asc. – A A Moti, S Khatib
Dawoodi Bohra Welfare Society (Leicester) - N Vanat, M Sulemanji
Gujarati Muslim Association – U F Sheikh, K N Sheikh
Islamic Centre - S Chughtai
Islamic Education Trust Masjid Al Falah – A Sabat, Inayat Pathan
Jame Masjid Welfare Trust –H Bahadur, M Omarji
Jame Masjid-E-Bilal - Br Mohammad
Leicester Muslim Kokni Association (LMKA) – A K Mukadam, A K Mukadam
Leicester Muslim Society (Masjid-An-Noor) – S Bulbul
Leicester Swahili Speakers Asc. - K Sahal
Leicestershire Somali Burial Trust – H Duale
Masjid-e-Hussain – B Kassam
Mangochi Muslim Jamat (UK) Society – Y Saffi
Massjid Al-Huda - O Shire, A K Hussein
Masjid Ali - E Isat
Masjid Ar Rahman – A Makda, S Lorgat, M S Lavangia
Masjid Umar - I Ahmed
Masjid-Ul-Imam-II-Bukhari - A R Adam
Matwad Community Association – G Issat
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MBCOL ANNUAL REPORT 2009 Memon Association – K Jussab
Mombasa Khalifa Welfare Trust - M Karim, Br Khalifa
Muslim Khatri Association – A H Hussein, Khalid Ibrahim
Muslim Rahat Centre - A Hassam
Narborough Road Islamic Centre (Masjid-E-Abu Bakr) – M Jakhura, S Sattar
North Evington Deeni Cultural Cntr – M Sidat, S Langia
Oadby & Wigston Muslim Asc.- Z Hassam, A Ahmed, I Noormahomed
Sunni Muslim Jamaat – A Osman
Tajdaar-E-Madina - M F Aziz
Taybah Cultural Community & Education Centre - M Ramadan
United Families Welfare Trust – A Ravat
Usmani Mosque
Valsad District Muslim Jamat - A Chaus
Kind Aid International
Ayob Omar
S Nagdi
F Essat
R Ravat
M Muneer
Y Dassu
R Patel
Cllr H Aqbani
Dr R Akhtar
A K Vania
A E Hussein
APOLOGIES on 15th JUNE 2008
M Jumma
Cllr. Dr. S Chowdhury
J Kapasi
A Omarji
G Bhayat
Cllr. M Dawood
11
MBCOL ANNUAL REPORT 2009 CHAIRMAN’S REPORT Before I begin my report I would like to thank the membership for re electing me as Trustee at the
last AGM and to my colleagues on the Board who then appointed me once again as Chairman. It is
only through the mercy of the Almighty that I have been able to take on that responsibility and to
discharge the duties of that office.
The past year has indeed been eventful and I am pleased to report to the membership that following
efforts by MBCOL and its key partners, namely the Leicestershire Constabulary, a full time
Coroner’s post for Leicester was created and an appointment subsequently made.
Mrs. Catherine Mason, a solicitor and qualified nurse, took up her full time post as coroner for
Leicester and South Leicestershire during March of this year. She takes over from Martin Symington,
who is retired after 19 years in the position.
Within weeks of her appointment Mrs. Mason had made drastic changes to the Coronial system
resulting in a 30% reduction in the number of post mortems across the City.
Following our meeting with her we believe Mrs. Mason to be a hands-on and forward thinking
individual who would like to be known as “the people’s Coroner”. We look forward to working
closely with Mrs Mason and her office for the betterment and common good of all the communities
of Leicester.
Leicester City Council has been a key partner to MBCOL, right from its inception almost 15 years
ago. It was with the foresight of one or two individuals from the local authority that helped establish
MBCOL. Today I wish to acknowledge one of those individuals. Richard Welburn, Head of Parks
and Cemeteries, helped empower the Muslim community to create what is now recognised nationally
as a flagship organisation. Richard has been present at every milestone in MBCOL’s history and
continues even today to provide his most valued support. The Burial Council is indeed indebted to
him and I am personally honoured to be acquainted with him.
During my term in office MBCOL has faced exceptional challenges from both within our
community and from outside. Organisations that have a profile, or are seen to have value are often
subjected to some form of scrutiny or criticism. MBCOL has not been an exception. Over the past
few months our working practices, funding arrangements and the quality of our service delivery have
all been scrutinised. I am extremely proud to say that despite all the negative and sometimes hostile
comments that have been made, we have not been found wanting in any of the areas mentioned.
We have in fact proven, in particular to our funding partner, Leicester City Council, that we have
excellent
governance, robust working practices, transparency and the highest levels of
accountability.
MBCOL has been appraised and found to be a professional organisation that is proactive and
dedicated to providing the highest levels of service to the communities of Leicester and beyond.
This appraisal was of particular importance and fundamental when we renegotiated our long
standing contract with Leicester City Council. MBCOL has now entered into a newly revised
contract which provides the organisation with greater stability, a clearly defined remit and more
importantly funding arrangements that are reflective of our needs. Furthermore, these arrangements
will be reviewed contractually every three years.
The contracts and subsequent negotiations were extremely challenging and I would extend my
sincere thanks to our legal advisor, Faizal Essat, who was instrumental throughout. Faizal not only
12
MBCOL ANNUAL REPORT 2009 drafted the contract document but also made time to attend meetings with Leicester City Council to
negotiate its terms and conditions.
As the head of the organisation I am duty bound to inform you that Faizal did this work Pro-Bono
"for the public good" and the Burial Council is indeed indebted to him for this. It is also not
surprising then to hear that Faizal was a special guest of the Attorney General recently where he was
recognised for his Pro-Bono work in the community.
Many of you already know, that Faizal works without charge with many other groups and
organisations within the city, both Muslim and non-Muslim. He brings to these organisations his own
particular understanding and a level of sincere commitment that never fails to deliver. His guidance
and advice on legal and non-legal issues have been truly invaluable.
I hope that you will join me in thanking Faizal for his dedication and for all his work. May the
Almighty grant him and his family a reward that is well deserved and beneficial in this world and the
hereafter.
I would also like to thank my fellow Trustee, Dr Rashed Akhtar, for his commitment to MBCOL
over the course of the year. His contribution towards the consultations we have received has indeed
been tremendous. He has also been key in reviewing the medical chapters of our forthcoming multifaith bereavement book and is also one of the authors of our most recent document “Achieving
Success, Aiming Higher”
I wish also to extend my sincere thanks to Sister Rabiha Hanan, advisor to the Burial Council. Her
transcribing the many difficult interviews on bereavement and burial practices of the various faith
groups for the above publication has been invaluable, given the book a truly academic feel.
Sister Yasmin Dassu is also an advisor to the Burial Council. Her representation and contribution on
the UHL Patients Panel has been truly marvellous. We often forget the critical work that is done at
these consultative levels. Sister Yasmin has made great effort for the welfare of Muslim patients and
staff alike, advising the panel on many faith sensitive issues.
I extend my appreciation to Riaz Ravat, also an advisor to MBCOL. His enthusiasm and zeal has
consistently influenced the Boards approach to a number of issues over the past year. He has worked
tirelessly on the preparation of the new book and has helped develop several initiatives to aid good
governance.
I would be failing in my duty if I did not mention my fellow Board members Yakoob Dassu, Adam
Sabat, Rafique Patel, Mohamed Omarji, Dr Rashed Akhtar, Zubeir Hassam, Sikander Sattar and
Hashim Duale. Without whom I would have struggled to discharge my duties as Chair of the
organisation. I remain indebted to them.
Before closing my report I would like to mention our late Br Muhammad Muneer, who sadly passed
away on February 9th 2009. He served as both Chair and committee member stepping down during
the last AGM due to ill health. Those that were acquainted with Br Muhammad will recognise the
valuable contribution he made over the years to MBCOL and to the many organisations he served on.
He will indeed be missed. I humbly request all to remember him in their supplications requesting the
Almighty to forgive him, to shower him with his blessings and to grant him a lofty place in paradise.
I now conclude my report and thank the Almighty for bringing us together in serving the needs of
others. I hope that you will all join me in supplicating that we remain steadfast in our work.
Suleman Nagdi MBE JP DL
Chairman
13
MBCOL ANNUAL REPORT 2009 SECRETARY’S REPORT MBCOL has been active over the course of the past year, more in dealing with local operational and
consultative matters than in publicity and promotional issues.
The year began with the first of a series on membership consultations in relation to the Centralised
Services Project.
An Extraordinary General Meeting (EGM) was called in order to appraise the Centralised Services
Project and to present the membership with information on costs and to discuss matters relating to
the long term sustainability of the project. The turnout for the meeting and contribution by members
was good with suggestions coming forward in relation to resolving a variety of issues.
A formal proposal was also presented to members at the EGM who were asked to vote on whether
MBCOL should continue with the project and effectively commit both financial and non-financial
resources to the project.
In this regard the majority voted for the proposal with no votes against, although there was one
abstention. The Board received this as endorsement of the decision that was reached previously by
the membership to proceed with matters relating to the establishment of a Centralised Muslim
Bereavement Service for the Muslim communities of Leicester.
The months that followed saw several sites being identified to base the project, the first being the
Pavilion at the Aylestone Park Football Ground.
Leicester City Council had contacted MBCOL to say that the club was going to be relocated and
since the land would be reclaimed for an extension to the Muslim section at the cemetery it would be
ideal if MBCOL could negotiate a takeover of the club buildings, the then current lease running until
2020. A payment to take over a lease would have to be negotiated.
The first of two viewings were held with many member organisations as well as community
members attending. The opinions canvassed at the viewings were mixed. Some stated that although
the location was not ideal, efforts should still be made to acquire the property as the site was
equipped with flood lights for possible evening burials and the car parking facilities were more than
adequate.
Following further consultations with the membership and community members it was decided that
the location of the site was not ideally suited.
I would like to take this opportunity to extend my sincere gratitude to those brothers that actually
made an effort to attend and contribute. However the Board in appraisal of the various project
consultations over the course of the year had noted that overall the turnout from the majority of
members was and continues to be consistently poor. This lack of attendance and diligence has
hindered the decision making process and caused unnecessary delays.
“As a result the Board proposes to secure consent from the membership today that the Board
will have the discretionary power in the identification and acquisition of suitable premises to
host the Centralised Project”
Flooding and the water logging of sections of the Saffron Hill Cemetery during the year has been a
cause of much concern to the Board. Meetings have taken place on site in June 2008 with Cemetery
Management and staff in order to discuss the issues and to try and find a solution to the problem.
14
MBCOL ANNUAL REPORT 2009 Works began shortly after to lay drainage channels in the effected sections in order to alleviate the
problem.
Funeral charges and costs were also a focus of attention during June of 2008. The annual increase in
charges applied by Leicester City Council earlier in the year was not welcomed by MBCOL or the
community. The Burial Council had written to the local authority to express concern when the new
charges had been applied. We have expressed our dissatisfaction on this issue consistently
throughout previous years.
The Board decided that as burial charges were set on consideration of a number of factors and as
these factors could not be influenced it would focus on trying to reduce or bring under its control
those charges or costs that fell outside of these contributory elements. One such charge was that
related to the interment of children. Previously adult charges and costs had to be paid if the child was
over a certain height or size. The Board’s lead on this issue, Br Mohamed Omarji, negotiated with
the Cemeteries Department and had these charges and costs applied according to age and not
according to the size of the coffin.
Secondly, the Board concentrated on bringing the Janazgah under the control of the Burial Council.
This would effectively allow the Burial Council to take over its internal maintenance and upkeep as
well as have control over its hire charges. Several meetings have taken place and are ongoing with
Leicester City Council to discuss this proposal.
Hospitals’ operational procedures came under review with particular consideration given to
certification and the release of bodies from the Mortuary in a timely manner. Many families were
experiencing difficulties in obtaining a Cause of Death Certificate, especially at weekends and over
holiday periods. The release of bodies was also becoming increasingly difficult with inconsistent
mortuary procedures and opening times being applied at all three Trust Hospitals.
The Board raised these concerns at several levels within the NHS and following a process of
consultation with MBCOL and Hospital management a review of the system was made and new
procedures and monitoring mechanisms put in place. I would like to extend my sincere thanks to Dr
McGregor and Dr Sims as well as Mathew Rogers for their assistance in this matter.
I would also like to take this opportunity to thank Revd. Mark Burleigh, UHL Bereavement Services
Manager, for his continual support in operational matters at the University Hospitals’.
Work on the new multi belief bereavement book gathered pace with many of the interviews with
representatives from the various faith groups now complete. The statutory sections were under
review in terms of verifying procedures, legislation and documentation.
There has been considerable progress also on the translation into Swahili of our first handbook
“Guidelines on Death & Burial of a Muslim”. A first draft has been received and is currently being
edited. Our appreciation to Br Khamis Sahal, of the Swahili Speakers Association, for his dedication
and for all his hard work. May the Almighty reward abundantly.
MBCOL’s funding and out of hours operational procedures also came under review during this time.
Cemetery staff responsibilities were completely taken over by Leicester City Council and MBCOL’s
funding requirements were re-assessed. Out of hours timings were also reviewed but with only minor
changes.
In terms of operational changes members should be aware that a 6 hour allowance must be given for
reserved graves that cannot be accessed by digging machines and have to be hand dug. In cases
where the cemetery staff are informed later than midday the burial may be required to take place on
the following day.
15
MBCOL ANNUAL REPORT 2009 As part of the review process MBCOL also embarked on producing a comprehensive document
“Achieving Success, Aiming Higher”. This document would give a snapshot of MBCOL’s origins
and history, where the organisation was at present and what its aims were for the future. The
document has been included as part of this Annual Report. The complete document can also be
downloaded from the MBCOL website, www.mbcol.org.uk
Meetings were held with Professor Guy Rutty and Philip Webster from the Department of Health to
obtain an update with the Governments latest position and information on MRI. Now known as
“Near Virtual Autopsy” much research in the UK and abroad had taken place on this subject with a
growing number of studies saying that this procedure was the way forward. The meetings also
indicated that the governments view on MRI was also changing. The Department of Health informed
MBCOL that the Government may possibly commission a pilot scheme in the East Midlands where
mobile scanning units could go to out of hour’s deaths in order to establish a cause of death. He
added that although this scheme was to determine the use of Virtual Autopsy in a mass death
scenario it could have benefits for general use.
Towards the end of the year our Chairman, Suleman Nagdi, met with the Chair’s of the Hospital
Trust and the PCT, Martin Hindle and Philip Parkinson respectively, to discuss various aspects of
MBCOL’s work. The Board has always made efforts to maintain close contact with all its main
partners.
Follow up meetings took place in early 2009. Further meetings have also been scheduled at regular
intervals over the course of the year.
Training has also been an important item on MBCOL’s agenda. Training sessions on funerals have
always been received well by the community with good attendance from both brothers and sisters.
MBCOL also continues to provide a teaching module for the Chaplaincy programme run at the
Markfield Institute of Higher Education. This work is vital for our community as the Chaplaincy is
normally the first point of contact at Hospitals' and Prison’s and thus they are in a strategic position
in terms influencing future chaplains.
MBCOL has received an extensive profile through its excellent partnership with the St. Philips
Centre. The Centre provides training for the police, City and County Council’s, care homes and other
health and social care providers. MBCOL’s work has been highlighted to hundreds of workers from
their organisations. We greatly appreciate our partnership with the St. Philips Centre.
MBCOL also regularly contributes to other training such as its work with the Common Purpose
organisation. Our contribution on their Matrix Programme is in relation to leadership and good
governance. This training aims to give leaders the skills, the connections and the vision they need to
lead more effectively and push them to extend their influence and take responsibility beyond their
own organisation, locality and culture. It also aims to inspire leaders to effect real change, both at
work and in the wider world. The training programmes are designed to create a greater insight into
the ideas, held beliefs and stereotypes. These negative prejudice is challenged. As the perspective
gets wider, the vision improves. As the vision improves, the decision-making gets better. People are
therefore able to forge networks that can have a major impact on their organisation and the
community. For MBCOL this can have far-reaching consequences.
I would also like to highlight our work with the East Midlands Ambulance Service (EMAS) on
matters related to the sensitivities and cultural needs of our divers communities.
MBCOL also sits on Leicester City’s Resilience Board that looks at assisting front line services like
the Fire Department, Police, Ambulance and the local authority in the event of mass fatalities, deaths
in the future as a result out of a pandemic, incidences leading from chemical spillage (both industrial
16
MBCOL ANNUAL REPORT 2009 or through a road traffic accident) or even a terrorist attack.
Besides contributing to external training programmes the Board is aware of the need to adequately
skill its own personnel. As a result it has had a number of training sessions for its Trustees, staff and
volunteers.
The first session arranged in early January was for the benefit of the Trustees and was on the subject
of public speaking. MBCOL’s on call officers also received training on communication and cultural
sensitivities. Other sessions will be arranged on governance, structure, policies and conflict
resolution.
Our other training that took place was on operational procedures for the city’s Funeral Arrangers.
The Board felt that the Funeral Arrangers should be brought up to speed with recent changes in
documentation as well as procedures in relation to certification and body release.
A recent example I would like to cite for good practice is a monitoring form that has been devised
looking at service standards of our organisation and associated partners. These include the local
authority, the NHS Hospitals, Family GP’s, Coroners, Registration services and the Local Mosques
(see appendix 2).
MBCOL continues to take whatever opportunities are available in order to publicise its work. This
has led to a presence in other countries. Our Chairman, whilst on holiday to the US took advantage of
an opportunity presented to him by contributing to a debate on death and bereavement at the
prestigious George Town University in Washington DC. In addition to this and during the same
period our Chairman also met with local Imam’s and dignitaries in Toronto, Canada.
I now conclude my report to the membership of our work for the year ending 31st March 2009.
My sincere thanks to my colleague Br Mohamed Omarji, for his support and assistance to the office
of Secretary.
I present this report with recognition and thanks to the Almighty in helping me discharge my duty
and with gratitude to all brothers and sisters who have contributed to our work.
May the Almighty continue to give us the courage, commitment and conviction in serving our fellow
humanity.
Hafiz Adam Y Sabat
Secretary
17
MBCOL ANNUAL REPORT 2009 TREASURER’S REPORT For any community organisation to succeed in its aims, not only must it deliver what it has set out
to do but also manage its finances responsibly and also take into account that they are the funds of
the public being Leicester City Council (“ the Council”). This contributes towards creating
credibility for the organisation both within and outside the community and the achievement of the
Queens award for voluntary service is an indication of the recognition of the rigid and robust
financial and other procedures which the organisation has in place which contributes to its
excellent reputation.
This year the Muslim Burial Council of Leicestershire (“MBCOL”) has continued to consolidate its
position and progressed to enable it to develop a wider range of activities and work on behalf of the
community.
We are particularly grateful to the Council who have provided us with funds for our core costs as
well as provision for additional developmental and outreach work and I will deal with significant
progress regarding securing the ongoing future of the funding arrangement for MBCOL.
The Council has historically purchased the services of MBCOL through a one off payment at the
beginning of each financial year which was set in its initial agreement close to a decade ago.
Clearly a number of matters had changed over time in terms of the financial pressures of MBCOL.
One of the key pressures was that there has been a gradual increase in the general Muslim
population in Leicester. There has been a mixed level of immigration into the city and the need to
be able to support the extra population and also to service it in terms of dealing with language
barriers and general assistance in relation to the procedures for a particular family when an
individual passes away is vital to our service.
Due to technical difficulties and development restrictions, we negotiated an agreement with the
Council some 30 months ago to submit projected figures for anticipated costs which are related to
current market rates. This system was applied successfully for the 2007/8 and 2008/9 financial
years. This arrangement has proved to be of mutual benefit for both parties although my work and
that of the Board is to see if the financial structures can be improved. One matter we looked at both
from the council’s perspective and ours is to have an indication of some consensus as to what the
needs maybe on an ongoing basis so the Council and ourselves could budget.
To assist this process for this forthcoming year, we therefore agreed to have a set figure for a three
year period which was an increase on the previous set figure and largely in line with the forecasts
that we were submitting in the last two years.
It has become increasingly important that both MBCOL and the Council continue to work together
to provide a high quality, responsive and sensitive burial service for the community.
It is with this point in mind that we wish to record our sincere thanks to our local authority for their
support.
The area of training and development is a line of work which MBCOL wishes to expand over the
coming years, as well as providing training sessions for men and women in the community which
have taken place this year, in order to fully benefit health professionals, police officers and other
professional agencies around the sensitivities of death and bereavement. This could be further
advanced if we had premises to provide this ongoing training and hence the vision of a centralised
service continues to be the aim of MBCOL.
18
MBCOL ANNUAL REPORT 2009 We appreciate that there are many deserving projects already in their making within the community
and the pressures on individual families to donate towards the centralised service could be difficult
especially during this time of a restricted financial atmosphere. If suitable premises are identified we
are confident that the Muslim community will rise to meet this need and research continues in this
regard.
MBCOL recognises the communities concerns towards the annual increase in burial costs, imposed
by the City Council. This issue was raised by the Board at several levels and dialogue in this regard
still continues.
As always our gratitude must be extended to all those that offer their assistance including our
Brothers Munavar and Arshad Jamal at Leicester Auto Electrical, for the mechanical repairs, MOT
and upkeep of the MBCOL funeral vehicle. Our gratitude also to Smith Hannah who provide their
professional services to MBCOL for a nominal fee.
The time and skills of all of our volunteers is hard to quantify but it is safe to say that they have
continued to anchor MBCOL and our thanks must also be extended to them.
Insha’Allah 2009/10 will bring further developments and benefits to the community. MBCOL must
adapt to meet the growing and changing needs of the community and with this in mind, we intend to
broaden our reach to become a more wide ranging organisation which is able to work with partners to
deliver further improvements to burial services in Leicestershire and further afield.
We are grateful for and humbly request any contributions, financial or otherwise, which members of
the community would like to make to MBCOL so that we can continue the important work that we
all benefit from each year.
Rafique Dawood Patel
Treasurer, Finance Director
For the MBCOL Annual Audited Accounts please see Appendix 1
19
MBCOL ANNUAL REPORT 2009 MANAGEMENT COMMITTEE (2008 ‐ 2009) Suleman Nagdi MBE JP DL (Chairman)
Tel: 07759 446 555
Yakoob Dassu (Vice Chair)
Tel: 07801 905 005
Adam Y Sabat (Secretary)
Tel: 07801 101 786
Rafique D Patel (Treasurer)
Tel: 07763 003 028
Dr Rashed Akhtar (Trustee)
Tel: 07809 557 221
Hashim Duale (Trustee)
Tel: 07904 227 449
Zubeir Hassam (Trustee)
Tel: 07879 610 649
Mohamed Omarji (Trustee)
Tel: 07855 931 911
Sikander Sattar (Trustee)
Tel: 07762 786 786
20
MBCOL ANNUAL REPORT 2009 MUSLIM FUNERAL ARRANGERS Anjum-E-Islam Tazhizo Tadfin
1 Cecil Road
Leicester, LE2 0AB
Tel: 0116 220 1163
Anjuman-E-Saifee Dawoodi Bohra
Jamat
74 Overdale Road
Leicester, LE2 3YH
Tel: 0116 288 2772
Baitul Mukarram Mosque Trust
22-24 St Stephens Road
Leicester, LE2 1DQ
Tel: 0116 254 6138
Belgrave Muslim Welfare
Association
38 Glendon Street
Leicester, LE4 6JR
Tel: 0116 233 7183
Central Mosque
Conduit Street
Leicester LE2 1DS
Tel: 0116 254 4459
Dawoodi Bohra Welfare
Society (Leicester)
c/o 73 Scraptoft Lane
Leicester, LE5 2FE
Tel: 0116 247 0960
Islamic Centre
2a Sutherland Street
Leicester, LE2 1DS
Tel: 0116 255 4378
Islamic Education Trust
Masjid Al Falah
3-11 Keythorpe Street
Leicester, LE2 0AL
Tel: 0116 251 1833
Jame Masjid-E-Bilal
(Unit 14)
62 Evington Valley Road
Leicester, LE5 5LJ
Tel: 0116 249 0887
Jame Masjid Welfare Trust
51 Asfordby Street
Leicester, LE5 3QG
Tel: 0116 262 1963
Leicester Mosque Trust
(Darus Salam Mosque)
55-57 Upper Tichbourne Street
Leicester, LE2 1GL
Tel: 0116 254 3887
Leicester Muslim Kokni Association
(LMKA)
16 Abbots Close
Leicester, LE5 1EH
Tel: 0116 292 1430
Leicester Muslim Society
(Masjid-An-Noor)
146 Berners Street
Leicester, LE2 0FU
Tel: 0116 262 2640
Leicestershire Somali Burial Trust
Prince Phillip House,
Malabar Road
Leicester, LE1 2NE
Tel: 0116 295 1533
Leicester Swahili Speakers
Association
1st Floor
2-6 Britannia Street
Leicester, LE1 3LE
Tel: 0116 297 9927
M K S I Masjid-e-Hussain
17a Duxbury Road
Leicester, LE5 3LR
Tel: 0116 268 2828
Masjid-E-Ishaa-atul Qu’ran
49 Donnington Street
Leicester, LE2 0DE
Tel: 0116 255 1524
Masjid AT-Taqwa
1 Harewood Street
Leicester, LE5 3LX
Tel: 0116 212 5802
Masjid Umar
1-3 Evington Road
Leicester, LE5 5PF
Tel: 0116 273 5529
Muslim Concern UK
78 Mere Road
Leicester, LE5 3HR
Tel: 0116 221 5606
Muslim Khatri Association
1 Connaught Street
Leicester, LE2 1FJ
Tel: 0116 221 0010
Oadby & Wigston Muslim
Association
39 Froame Avenue
Leicester, LE2 4GB
Tel: 07879 610649
Pakistan Association Leicestershire
Melbourne Ctre,
Melbourne Road
Leicester, LE2 0GU
Tel: 0116 254 3718
The Khalifa Muslim Society
31 Hart Road
Leicester, LE5 3FX
Tel: 0116 253 2580
The Surati Muslim Khalifa
Society
127 Mere Road
Leicester, LE5 5GQ
Tel: 0116 251 1120
Varakund Community Association
88a St Peters Road
Leicester, LE2 1DD
Tel: 0116 221 9642
Zia-Ul-Islam V.D.K. Group
130 Berners Street
Leicester, LE2 0FU
Tel: 0116 212 6729
21
MBCOL ANNUAL REPORT 2009 MBCOL MEMBER ORGANISATIONS 1.
Anjuman-E-Saifee (Dawoodi Bohra Jamat) - 74 Overdale Road, Leicester, LE2 3YH
2.
Anjum-E-Islam Tazhizo Tadfin - 1 Cecil Road, Leicester, LE2 0AB
3.
Baitul Mukarram Mosque Trust - 22-24 St Stephens Road, Leicester, LE2 1DQ
4.
Belgrave Muslim Welfare Association - 38 Glendon Street, Leicester, LE4 6JR
5.
Central Mosque - Conduit Street, Leicester, LE2 1DS
6.
Chasa Muslim Welfare Society - 6 Beechcrft Road, Leicester, LE2 3DA
7.
Cutchi Sunni Muslim Association - 8 Sandringham Avenue, Leicester, LE4 7NQ
8.
Darus Salam Trust - 55-57 Upper Tichbourne Street, Leicester, LE2 1GL
9.
Dawoodi Bohra Welfare Society (Leicester) - 1b Royal Road, Leicester, LE4 5DP
10.
Gujarati Muslim Association - 54 Frederick Road, Leicester, LE5 3HE
11.
Hamidiye Mosque - 16 Great Central Street, Leicester, LE1 4JT
12.
Islamic Centre - 2a Sutherland Street, Leicester, LE2 1DS
13.
Islamic Dawah Academy - 120 Melbourne Road, Leicester, LE2 0DS
14.
Islamic Education Trust Masjid Al Falah - 3-11 Keythorpe Street, Leicester, LE2 0AL
15.
Italwa Community Association - 102 Earl Howe Street, Leicester, LE2 0DG
16.
Jame Masjid Welfare Trust - 51 Ashfordby Street, Leicester, LE5 3QG
17.
Jame Masjid-E-Bilal - (Unit 14) 62 Evington Valley Road, Leicester, LE5 5LJ
18.
Kenera Community Association - 38 Bakewell Street, Leicester, LE2 0FE
19.
Leicester Muslim Kokni Association (LMKA) - 11 Baden Road, Leicester, LE5 5PA
20.
Leicester Muslim Society (Masjid-An-Noor) - 146 Berners Street, Leicester, LE2 0FU
21.
Leicestershire Somali Burial Trust - Prince Philip House, Melabar Road, Leicester, LE1 2NE
22.
Leicester Swahili Speakers Asc. - 1st Floor, 2-6 Britannia Street, Leicester, LE1 3LE
23.
M K S I Masjid-e-Hussain - 17a Duxbury Road, Leicester, LE5 3LR
24.
Majlis-E-Dawat-Ul Haq (UK) - 126-128 Earl Howe Street, Leicester, LE2 0DG
25.
Mangochi Muslim Jamat (UK) Society - 54 Evington Road, Leicester, LE2 1HG
26.
Masjid Al-Huda - 2-6 Britania Street, Leicester, LE1 3LE
27.
Masjid Ali Charity Trust - 42-52 Smith Doreen Road, Leicester, LE5 4BG
28.
Masjid Ar Rahman - 71 Guthlaxton Street, Leicester, LE2 0SF
29.
Masjid AT-Taqwa - 1 Harewood Street, Leicester, LE5 3LX
30.
Masjid Umar - 1-7 Evington Drive, Leicester, LE5 5PF
31.
Masjid-E-Ishaa-atul Qu’ran - 49 Donnington Street, Leicester, LE2 0DE
32.
Masjid-Ul-Imam-Il-Bukhari (Muslim Education Cntr - 159 Loughborough Road, Leics, LE4 5LR
33.
Matwad Community Association - 31 Ashbourne Street, Leicester, LE2 0FB
34.
Memon Association - 7 Abbotsford Road, Leicester, LE5 4DA
22
MBCOL ANNUAL REPORT 2009 35.
Mombasa Khalifa Welfare Trust - 2 St. Saviours Hill, Leicester, LE5 3JA
36.
Muslim Concern UK - 78 Mere Road, Leicester, LE5 3HR
37.
Muslim Khatri Association - 1 Connaught Street, Leicester, LE2 1FJ
38.
Muslim Rahat Centre - 83a-85a Bartholomew Street, Leicester, LE2 1FB
39.
Narborough Road Islamic Centre (Masjid-E-Abu Bakr) - 55 Barclay Street, Leicester, LE3 0JD
40.
Navsari Sunni Vohra Jamat - 85 Berners Street, Leicester, LE2 0FU
41.
North Evington Deeni Cultural Centre - 298 East Park Road, Leicester, LE5 5AY
42.
Oadby & Wigston Muslim Association - c/o 39 Frome Avenue, Oadby, Leicester, LE2 4GB
43.
Pakistan Association Leicestershire - Melbourne Centre, Melbourne Road, Leicester, LE2 0GU
44.
Rawal Community Association - 6 High Field Street, Leicester, LE2 1AB
45.
Sumra Community Association - 19 Halley Close, Leicester, LE4 1DU
46.
Sunni Muslim Jamaat - 22 Essex Road, Leicester, LE4 9EE
47.
Tajdaar-E-Madina - Maidstone Road, 1A Garendon Street, Leicester, LE2 0AH
48.
Taybah Cultural Community & Education Centre - 6 Sylvan Avenue, Leicester, LE5 3SN
49.
The Khalifa Muslim Society - 31 Hart Road, Leicester, LE5 3FX
50.
The Surati Muslim Khalifa Society - 127 Mere Road, Leicester, LE5 5GQ
51.
United Families Welfare Trust (Leicester) - 80 Evington Drive, Leicester, LE5 5PD
52.
Usmani Mosque - 308 St Saviours Road, Leicester, LE5 4HJ
53.
Valsad District Muslim Jamat - 1 Duffield Street, Leicester, LE2 0GF
54.
Varakund Community Association - 88a St Peters Road, Leicester, LE2 1DD
55.
Zia-Ul-Islam V.D.K. Group - 130 Berners Street, Leicester, LE2 0FU
23
MBCOL ANNUAL REPORT 2009 EVENTS, PRESS & PR 2008/2009 Elie Wiesel
Nobel Peace Laureate, Honorary Chairman
Hillel Levine
ICfC President
July 30, 2008
BOARD OF DIRECTORS
Claire Gaudiani
ICfC Chairman of the Board
Professor, NYU’s Heyman Center
Dear Suleman,
Ken Brown
Lawyer and entrepreneur
Wilder Knight
Lawyer and International Media Expert
Thomas McNaugher
RAND Corporation
Dinah PoKempner
General Counsel, Human Rights Watch
Henry Rosovsky
Co-Chairman of the Advisory Council
Professor & Dean Emeritus, Harvard University
Donald W. Shriver, Jr.
Co-Chairman of the Advisory Council
I had the great pleasure to read and review your Guidelines On Death and
Burial of a Muslim. In content, in style, and in tone, I have never seen
such an excellent presentation of this sort, truly a model for intercultural
dialogue and for a minority presenting its needs to other sectors of society,
including government and other minorities in a manner that most surely
will receive respect and appropriate cooperation. I am all the more
pleased that I met you and had the pleasure of spending not nearly enough
time discussing our shared concerns. I was also so impressed by your
colleagues at St. Philip’s and the tasks that you have undertaken. Please
convey my regards and thanks for a wonderful afternoon.
Professor and President Emeritus
Union Theological Seminary
Emmanuel Tchividjian
ICfC Board Treasurer
Senior Vice President, Ruder Finn
ADVISORY COUNCIL
Leicester is far from Boston, USA, but not that far. If there is any way in
which I can be of help to you, and to any of your other projects, please do
let me know.
Most cordially,
Yosef Abramowitz
President & CEO, Jewish Family & Life
Akbar Ahmed
Ambassador & Professor, American University
David Arnow
Psychologist & Writer
Hillel Levine
Jerry Benjamin
President, AB Data & Survey Research
Maya Cohen
Founding President, WIZO - USA
Reuven Gal
Director, Balkan Trauma Project, Carmel Institute
Ralph Goldman
Honorary Executive Vice President
American Jewish Joint Distribution Committee
P.S. I am attaching some literature on our activities, but the best place to find
out about the type of dialogue that we foster is on our web page,
www.centerforconciliation.org.
Lela Goren
Lawyer & Public Administrator, United Nations
David Hamburg
President Emeritus, Carnegie Corporation
Thomas E. Peckham
ICfC Legal Counsel
Senior Partner of Bingham McCutchen
Walter Reich
Professor of International Affairs, Ethics, and
Behavior, George Washington University
Dan Rose
President, Rose Associates
24
MBCOL ANNUAL REPORT 2009 Dearest Suleman
I hope you had a good weekend.
Thank you very much for hosting a visit last Friday as part of our final Matrix day. The group
thoroughly enjoyed your session and came back very inspired. No surprise there! They were all
blown away by your openness, honesty and leadership style.
Thank you very much for your great contribution on the Matrix programme.
I look forward to seeing you soon.
Thank you for your continued support.
Regards
Vimme
Vimme Rathour
Senior Programme Director
Common Purpose Leicestershire
c/o Highpoint
165 Glenfield Road
Leicester
LE3 6DJ
25
MBCOL ANNUAL REPORT 2009 News
Issue 236, Friday 19 December 2008 - 21 Dhu al-Hijjah 1429
Muslim lawyer named Pro-Bono Hero
The Newspaper
By Elham Asaad Buaras
Archives
Muslim Burial Council of Leicestershire (MBCOL) legal advisor Faizal
Essat has been named as a “Pro-Bono Hero”.
Back to the front
page
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News
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Attorney General, Baroness Scotland of Asthal, QC extended
invitations to many lawyers across the country who had been involved
in providing legal advice on a pro-bono (free) basis, at a special
reception held at the House of Commons on November 11 as part of
National Pro Bono Week.
Messages for
The Muslim News
The reception is one of a series of more than 70 events across the UK
to mark the week, which is sponsored by the Law Society, Bar Council
and Institute of Legal Executives. Lawyers invited for showing an
outstanding commitment to pro bono work have all been nominated by
members of the Attorney General’s Pro Bono Committee, made up of
representatives of the legal profession and the voluntary sector.
MBCOL said it was “delighted” by the news. MBCOL Chairman,
Suleman Nagdi, told The Muslim News, “We are delighted that that
Faizal has been recognised along with others in the provision of legal
advice and assistance to those that cannot afford to pay for such
services. His contribution to our work has been invaluable and we all
congratulate him on this occasion.”
In a special letter from Baroness Scotland, Essat was named as “a pro
bono hero” for his work with MBCOL. Baroness Scotland said Essat’s
work “makes a tremendous change to the lives of people whose legal
needs would otherwise go unmet.”
This is not the first award for Malawi-born Essat. He was inaugural
winner of the DLA Paul Nicholls Memorial Foundation award for legal
work in the community.
Back to index
Essat was a key figure during MBCOL’s contractual negotiations with
the local authority and in the drafting of the organisation’s constitution
during its early years. Essat continues to provide his expert legal
advice to the Board of MBCOL and is a vital member of the
organisations advisory panel.
Speaking to The Muslim News Essat said, “It is a matter great pride for
me personally and professionally to be recognised in this way. There is
no better validation than to receive recognition from your own peers in
your profession. A public recognition from the Attorney General is a
real boost to my commitment in providing legal assistance to our faith
communities.
“The other important point is that there is recognition of how
important it is for legal assistance being given to Muslim organisations
by Muslim Lawyers. If we can all excel as organisations and as
individuals then we can begin to gain credence in the corridors of
power and to influence positively the future of Muslims communities in
the years ahead,” said Essat
26
MBCOL ANNUAL REPORT 2009 APPENDIX 1 AUDITED ACCOUNTS FOR YEAR ENDING 31st MARCH 2009 27
MBCOL ANNUAL REPORT 2009 MBCOL Limited
Directors' Report
The directors present their report and accounts for the year ended 31 March 2009.
Objectives and activities
MBCOL Limited, known as Muslim Burial Council of Leicestershire, is limited by guarantee (number
5406938) and a registered charity (number 1087143). Its principal address is 394 East Park Road,
Leicester LE5 5HH. The company's objective and principal activity during the year continued to be
the provision of out of hours burial services for the Muslim inhabitants of Leicestershire.
Directors
The directors of the charitable company are its trustees for the purpose of charity law and throughout
this report are collectively referred to as directors. The following persons served as directors during
the year:
S Nagdi MBE JP DL
Y Dassu
A Y Sabat
R D Patel
M Omarji
Z Hassam
H Duale
Dr R Akhtar
S Sattar
The company is limited by guarantee and has no share capital. In the event of the company being
wound up, members are required to contribute an amount not exceeding £10.
Risk management
The directors have a risk management strategy which includes an annual review of the risks the
charity faces and the establishment of systems and procedures to mitigate those risks and implementation of procedures designed to minimise any potential impact on the charity should those risks
materialise.
Review of activities for the year
The charity reported a surplus of £222 (2008: deficit of £3,590) for the year. The detailed results are
set out in the attached financial statements.
Reserves policy
The directors aim to ensure that sufficient funds are maintained to enable the company to carry out
its activities.
Disclosure of information to auditors
So far as each director at the date of approval of this report is aware:
•
there is no relevant audit information of which the company's auditors are unaware; and
•
the directors have taken all steps that they ought to have taken to make themselves aware of
any relevant audit information and to establish that the auditors are aware of that information.
Small company special provisions
The report of the directors has been prepared in accordance with the special provisions of Part VII of
the Companies Act 1985 relating to small companies.
This report was approved by the board on 26 May 2009.
R D Patel
Director
28
MBCOL ANNUAL REPORT 2009 MBCOL Limited
Statement of Financial Activities for the
year ended 31 March 2009
Notes
Incoming resources
2009
2008
£
£
61,935
87,633
25
46
Income from charitable activities and
generated funds
Income from investments
Resources expended
(13,209)
Cost of generating funds
Direct charitable expenditure and administrative expenses
48,751
63,890
(41,322)
(48,311)
100
150
2
7,529
15,729
5
(7,307)
(19,319)
222
(3,590)
222
(3,590)
222
(3590)
PAYE on line filing incentive
Operating surplus
(23,789)
Other movements:
Transfer to designated funds
Surplus/(deficit) for the year
Other recognised gain/(Ioss)
Net incoming/(outgoing) resources for the financial year
29
MBCOL ANNUAL REPORT 2009 MBCOL Limited
Balance Sheet
as at 31 March 2009
Notes
2009
2008
£
£
Current assets
Stocks
Debtors
Cash at bank and in hand
3
275
1,121
31,160
330
1,517
22,814
32,556
24,661
(2,934)
(2,568)
Creditors: amounts falling due
within one year
4
Net current assets
29,622
22,093
Net assets
29,622
22,093
Unrestricted funds
Designated
5
26,626
19,319
General
6
2,996
2,774
29,622
22,093
Net funds
The accounts have been prepared in accordance with the special provisions relating to small
companies within Part VII of the Companies Act 1985.
Suleman Nagdi MBE JP DL
Director (Chairman)
Approved by the board on 26th May 2009
30
MBCOL ANNUAL REPORT 2009 APPENDIX 2 FUNERAL & BEREAVEMENT SERVICES SURVEY 31
MBCOL ANNUAL REPORT 2009 PRIVATE & CONFIDENTIAL
FUNERAL & BEREAVEMENT SERVICES SURVEY
The Muslim Burial Council Of Leicestershire (MBCOL) is committed to working with its statutory partners to
improve the services the community accesses when they are affected by a death within the family. We
therefore wish to find out about your experiences of the various organisations which provide funeral &
bereavement services. Through your feedback we aim to make sure the community receives faith sensitive
services of the highest quality.
We have identified specific areas within the funeral process which you may have dealt with. Please
only rate the services you have accessed by placing a
in the appropriate box. Your comments,
should you have any, will also assist us in evaluating the service.
Very Good
Good
Average
Poor
Very Poor
Very Good
Good
Average
Poor
Very Poor
Very Good
Good
Average
Poor
Very Poor
Very Good
Good
Average
Poor
Very Poor
Name of hospital
Hospital
Name or number of ward
Ward
Patient Affairs
Mortuary
Comments (optional) .......................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
Very Good
Good
Average
Poor
Very Poor
General Practitioner (Family GP)
Name of GP:
...............................................................................................................................
Comments (optional) .......................................................................................................................
..............................................................................................................................................
Very Good
Good
Average
Poor
Very Poor
H M Coroner (for Post-Mortems)
Comments (optional) .......................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
Very Good
Good
Average
Poor
Very Poor
Registrar for Births & Deaths
Comments (optional) .......................................................................................................................
32
..............................................................................................................................................
..............................................................................................................................................
Please turn over
Very Good
Good
Average MBCOL ANNUAL REPORT 2009 Poor
Very Poor
Funeral Arranger (Local Mosque or organisation)
Please name the Mosque or organisation accessed .......................................................................................
Comments (optional ........................................................................................................................
..............................................................................................................................................
Very Good
Good
Average
Poor
Very Poor
MBCOL Out of hours contact person
Comments (optional) .......................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
Very Good
Good
Average
Poor
Very Poor
MBCOL Office Manager
Comments (optional) .......................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
Very Good
Good
Average
Poor
Very Poor
MBCOL Committee Member
Comments (optional) .......................................................................................................................
..............................................................................................................................................
..............................................................................................................................................
PLEASE PLACE THE COMPLETED SURVEY IN THE SELF SEAL ENVELOPE PROVIDED AND HAND
IT IN OR SEND IT TO:
Muslim Burial Council Of Leicestershire
394 East Park Road,
Leicester
LE5 5HH
If you wish to learn more about the work of MBCOL please contact the office or visit our website
www.mbcol.org.uk
Thank you
Tel: 0116 273 0141
Website: www.mbcol.org.uk
Email: [email protected]
33
MBCOL ANNUAL REPORT 2009 APPENDIX 3 ACHIEVING SUCCESS, AIMING HIGHER 34
MBCOL ANNUAL REPORT 2009 Achieving Success, Aiming Higher October 2008
“Th e
arrangements in Leicester provide the best example of how extra resources can
be provided at a limited cost. The use of Muslim volunteers, trained by the Council to
perform administrative and burial duties, has proved to be an innovative and effective way
to bridge the gaps” - Bruce George MP ( ‘Muslim Burials in Walsall: a Case for Reform’) Charity Registration – 1087143
MBCOL Limited - Company Registration No – 5406938
35
MBCOL ANNUAL REPORT 2009 Contents
1
Achieving Success, Aiming Higher
1.1 Introduction
1.2 Context
2
Our Consultation Contributions
2.1 Centralised Services Project
2.2 ‘Muslim Burials in Walsall: a Case for Reform’, Bruce George MP (Walsall South)
and Rose Burley (Head of Constituency Office)House of Lords Enquiry into Organ
Donation and Transplantation
2.3 House of Lords inquiry into the issues raised by the European Commission
Communication: Organ donation and transplantation – policy actions at EU level
2.4 Ministry of Justice – Statutory Duty for Doctors and Other Public Staff to Report Deaths
to the Coroner
2.5 Burial Law and Policy in the 21st Century
2.6 Other Consultations
2.7 Achievements
2.8 Increasing demands and obligations
2.9 Keys to Success
3 Building Bridges with Other Faiths
4 MBCOL Finance
4.1 Funding History
4.2 MBCOL – Company Limited by Guarantee
4.3 Population Changes
4.4 Meeting Present and Future Demands
4.5 Cultural Changes
4.6 Achievements
4.7 Funding Plan
5 Conclusion
6 Acknowledgments by the chairman
Appendices
36
MBCOL ANNUAL REPORT 2009 1. Achieving Success, Aiming Higher 1.1 Introduction The Muslim Burial Council of Leicestershire (MBCOL) is an innovative and unique voluntary
organisation that has successfully driven cost effective initiatives in the culturally sensitive area of
bereavement and interment. Its work has been groundbreaking and has been recognised as the
definitive model for good practice locally, nationally and internationally. This document seeks to
explain this and how it has been achieved.
In addition it also seeks to explain the importance of MBCOL’s work and the contribution that
MBCOL has made in the short time that it has been in existence. It will also seek to explain the
valuable and pivotal contribution MBCOL gives in matters relating to the diversity agenda and also
maintaining social cohesion and stability amongst our various faith and non faith communities.
“We want to generate vibrant local democracy in every part of the country and to give real control
over local decision and services to a wider pool of active citizens” - (“Communities in control - Real
People Real Power” – Communities and Local Government July 2008)
1.2 Context In order to fully appreciate and understand the work that MBCOL have been involved in one needs to
have a clear understanding of the context and background. The context that we speak of covers
various issues such as the social, religious context and including legal and financial matters. All these
factors are crucial in understanding why MBCOL exists at all.
MBCOL initially started out as an organisation that was created in August 1994 to coordinate the
activities of all the Mosques in Leicestershire in order to deal with and arrange for funerals for
members of the Muslim community. MBCOL has worked and continues to work across the sectarian
divide. MBCOL initially sought to bring about a system whereby burials could take place quickly,
efficiently and cost effectively and also to assist all other agencies that would normally be involved
in this process. Such was the success of this organisation that within 14 months of its inception, in
October 1995 to be precise, MBCOL signed what has later been seen as a historical legal agreement
with the Leicester City Council. This was the first kind of an agreement that had been reached in
Europe and it gave MBCOL delegated authority to carry out the administrative tasks that was
necessary for a burial to be effected. This would mean that MBCOL would be involved in the
appropriate reporting procedures and making arrangements with designated members of staff and
also liaising with other partner agencies. Ultimately this was to create a structure which enabled
burials to take place seven days a week at the Saffron Hill Cemetery in Leicester. Since 1995
MBCOL have gone on to register as a Charity and currently operates as a Limited Company by
Guarantee with an elected Board of Trustees. There are robust and transparent rules of governance
together with accounting procedures and funding controls in terms of budgets which are regularly
disclosed to the local authority.
37
MBCOL ANNUAL REPORT 2009 The legal context is also important. Within this we naturally start with the Human Rights Act 1998.
This Act of Parliament gave legal effect to citizens of the UK to fundamental rights and freedoms.
These fundamental rights or freedoms were initially set out in the European Convention on Human
Rights. These rights not only affect matters of life and death like freedom from torture and killing but
also those rights in everyday life in terms of what to do or not to do. The human rights that are dealt
with under this piece of legislation are as follows –
1.
The right to life
2.
Freedom from torture and degraded treatment
3.
Freedom from slavery and forced labour
4.
The right to liberty
5.
The right to a fair trial
6.
The right not to be punished for something that was not a crime when you did it
7.
The right to respect for private family life
8.
The freedom of thought, conscience and religion
9.
Freedom of expression
10.
Freedom of assembly and association
11.
The right to marry or form a civil partnership and start a family
12.
The right not to be discriminated against in respect of these freedoms
13.
The right to own property
14.
The right to an education
15.
The right to participate in free elections
One can see that the rights listed above are fairly wide ranging and cover various spheres of all of our
lives. The one that we are concerned with in relation to the work that MBCOL is involved with is the
freedom related to religion. Many have attempted to try and encapsulate a definitive explanation as to
what this means. One possible definition is that freedom of religion is the freedom of an individual or
community, in public or private, to manifest religion or belief in teaching, practice, worship and observance. It is generally recognised to also include freedom to change religion or not to follow any
religion. Freedom of religion is therefore considered by many in our world today as a fundamental
human right.
“Helping people to achieve social change and ensuring organisations can meet their legal and moral
responsibilities under equality legislation and the Human Rights Act” - Bringing people together:
Business Plan 2008/9 - Equality and Human Rights Commission
This then brings us to our diverse communities here in Leicestershire which are drawn from numerous cultural, social, faith and non faith backgrounds. These communities have various needs depending on their own particular background, social status, cultural beliefs and matters related to faith. It is
this that MBCOL has attempted to address in the work that it currently does today
38
MBCOL ANNUAL REPORT 2009 We also need to look at the historical context to get a much deeper appreciation of the importance of
MBCOL’s work. One of the key pieces of the legislation was the Burial Act of 1857. This was an
Act that was passed in parliament and its purpose was to regulate burial grounds. Burial grounds
were areas where the deceased was to be buried, it also regulated how the deceased was to be buried
and also provided specific rules in relation to exhumation of remains. Prior to this landmark piece of
legislation the practice of burial was remarkably different.
From about the 7th Century in most European countries, including Britain, burial was under the
control of the Church and could only take place on consecrated church ground. The practices varied
slightly depending on one country to another but essentially on the whole bodies were usually buried
in mass graves until they de-composed. The bones would then be exhumed, collected and stored in
ossuaries either along the arcaded bounding walls of the cemetery or within the church under floor
slabs and behind walls. An ossuary is essentially a chest or a building or sometimes a well which was
a site of the final resting place of human skeletal remains.
At about this time the whole business of burial was often inextricably linked with ones nobility and
social status. Important people and members of the nobility and other individuals of high status
would be buried in individual crypts inside or beneath the relevant place of worship, which would
usually be the Church. The crypt would be marked with the individual’s name, date of death and
another biographical date. In Europe this was often accompanied with a depiction of the family coat
of arms and other such insignia.
Changes then occurred in the late 18th and early 19th century which led to the burial of the dead in
graveyards being discontinued altogether. These led to the creation of burial grounds as we see them
today. There were many reasons for this as follows1.
2.
3.
There was a very sharp rise in the size of the population in the early stages of the industrial
revolution which meant that more people soon required to be buried hence leading to an
increased demand for land.
Continuing outbreaks of infectious deceases in towns and cities due to poor public hygiene
which led to many graveyards being located with town and city boundaries.
There was a limit and lack of space in graveyards for new headstones and dead bodies.
As a consequence of these pressures city authorities, national governments and religious institutions
such as the Church all changed their regulations for burials. In fact in many European countries
burials in graveyards were outlawed altogether either by Royal decrees or specific legislation.
Accordingly what had occurred now was that there was an assumption that fell now on local
authorities to provide for and regulate the burial of the deceased. In fact in most places in Europe
new places of burial were established away from heavily populated areas and outside of town or city
boundaries. In the modern day many such cemeteries have become municipally owned and thus
independent from Churches and Church yards.
This brings us to the modern system today. The whole business of dealing with interment of bodies
and burials in this country is very much a multi agency task. We have local authorities that regulate
burial ground, as explained earlier. When a death occurs the Police can invariably get involved and
even the Coroner’s office can become engaged if appropriate.
39
MBCOL ANNUAL REPORT 2009 The Police Coroners are looking at matters along the lines of criminal liability and in some cases
leading to matters of civil liability and which can be taken through criminal or civil courts in the
event of death with the appropriate liability established. The other agency is the Registrar of Births,
Deaths and Marriages. The Registrar has specific obligations to ensure that there is proper recording
of births, deaths and marriages. All these agencies need to engage and work together cooperation is
absolutely vital for this.
MBCOL as an organisation fits into this multi agency arrangement in that under its Legal Agreement
with the Local authority it had delegated authority to carry out administrative functions and
production of the appropriate and relevant documents and also to collect payment and to pay
appropriate costs and thereby facilitate early burial. The Registrar’s office and the Coroner’s office
continue to play a role, these statutory agencies have recognised the need that the Muslim community
has identified and have cooperated in the implementation of an out of hour’s service. Without the
cooperation of all these agencies it would not be possible to make arrangements for early burial.
“We want to see public services and public servants in tune with, and accountable to, the people they
serve” - Rt. Hon. Hazel Blears MP - (“Communities in control - Real People Real Power” –
Communities and Local Government July 2008)
In terms of cost the work that MBCOL does is carried out by volunteers. We would say that the
arrangement works to the definite advantage of the public purse simply because there is no added
cost to the Local authority yet there is delivery of a first rate service. At the same time the volume of
work for the Local authority is considerably decreased
Does the out of hour’s system which currently operates amount to preferential treatment of one
community over another? This is a question that has often been raised. Our answer is emphatically
and absolutely not. The Muslim community has specific needs based in faith and is underpinned and
supported by legislation and acts of parliament as mentioned earlier in this document. The local
authority has an obligation to provide and regulate burials and this arrangement is to the mutual
benefit of the local authority and the Muslim community. In term of extrinsic evidence we would
point to the map of Authorities in other parts of the country which have analysed the MBCOL model
for adoption.
This is in MBCOL’s view a definitive endorsement that such a service is just and appropriate and
does not prejudice the public purse. The need that is given adds to social cohesion in our diverse
communities. More importantly there is nothing within the legal agreement that prohibits MBCOL
from carrying out a funeral of a non Muslim. It is absolutely feasible that non Muslim person wanted
a burial to take place quickly and out of hours then MBCOL would be that organisation to make
those arrangements.
There is, unfortunately, a misconception that the whole idea of swift burials is only something that is
required by the laws of the Muslim faith. This in fact is untrue. The other faith communities such as
the Jewish also have this requirement and on speaking to other faith groups they also seem to endorse
the concept of early burial and something that should be offered as a choice to those who feel that
they require it.
40
MBCOL ANNUAL REPORT 2009 The other key point to note is that MBCOL has developed its work in other areas not just in the
provision of out of hour’s burial services. MBCOL through its charitable work has managed to
secure support of volunteers and also donations from the community which has enabled MBCOL to
provide a funeral vehicle to the public for the transportation of the deceased. MBCOL has worked to
setup a support network within the Hospitals and the police to work with these organisations in the
relation to the movement of bodies. MBCOL has also engaged itself in working with the chaplaincy
services within our local Hospitals and has also been involved in training of health professionals and
also members of the Leicestershire Constabulary. In 2006 MBCOL produced its first publication
entitled “Guidelines of Death and Burial of a Muslim”. This has received positive comments and
indeed its success has triggered additional work that MBCOL intends to undertake in producing a
more detailed and in-depth second publication that will deal with other faith groups.
MBCOL has also received recognition from Her Majesty the Queen in being awarded Queen’s
Award for Voluntary Service. This honor recognised the pivotal and important work that MBCOL
has undertaken and it has gone beyond simply providing an out of hour’s service. Included in this
document is an appendix of documents that is evidence of the wide ranging work that MBCOL has
been involved in and the comments and responses that MBCOL has received from various quarters.
Our work around the issue of near virtual autopsy is gathering pace. This involves replacing
traditional invasive post mortems with modern scanning techniques. We are working with the
University of Leicester and the Department of Health on this. We hope that this will be implemented
nationally. Traditional autopsies due to their invasive nature can be very distressing to loved ones.
These feelings were clearly felt when we had the “Organ Retention” scandal at Alder Hey Hospital.
Our work with the University has been fully supported by all major faith institutions particularly the
Jewish community. We are confident that if proven successful, virtual autopsies could change the
face of pathology around the world.
The funding structure of MBCOL is still evolving and it is hoped that this will continue to develop
and that the support of all the agencies in the City and County continue in the years ahead.
41
MBCOL ANNUAL REPORT 2009 2. Our Consultation Contributions This section will highlight some of the high-profile consultation activity which MBCOL has been
involved with. We believe that successive invitations from national and local government institutions
to seek our opinion on key matters are a solid recognition and stamp of approval of our work.
2.1 Centralised Services Project MBCOL has over the years sought to develop a project that would provide centralised funeral
service. The Trustees of MBCOL have remained actively engaged in developing this aspect of
MBCOL’s work.
The proposed project will include the provision of a complete and comprehensive interment service
to serve and cater to the present and future needs of the diverse communities of Leicester. The project
will provide a counselling service, educational activities, training and resource centre to enhance its
core function. The project will operate in partnership with the statutory authorities and is formulated
to relieve the ever increasing burden placed upon them
MBCOL works in partnership with the following agencies, Leicester City Council, Leicestershire
County Council, Borough of Oadby & Wigston Council, University Hospitals of Leicester NHS
Trust, BUPA Hospital, East Midlands Ambulance & Paramedic Services, City and County Registrars
Offices, HM Coroners and Leicestershire Constabulary.
In an effort to build on these partnerships, MBCOL has held annual networking events. In addition to
our statutory partners, MBCOL’s member organisations are also invited to listen to high profile
keynote speakers such as Sir Peter Soulsby MP and the former Secretary of State for Health, the right
Hon. Patricia Hewitt MP.
These events are held with the aim of improving our working relationships and to improve services
wherever possible in relation to obtaining the necessary support for the community and to obtain the
essential educational information necessary to comply with the contractual obligations. This event is
also when MBCOL first unveiled its Centralised Bereavement Services Project.
One of the main aims and objectives outlined within the MBCOL Constitution is the advancement
and education of the public in relation to Muslim burial practices. This objective which formed part
of the pre-contractual negotiations with the Leicester City Council has been vigorously pursued over
the years. It has been the initiative behind the first MBCOL handbook and other smaller publications.
It has also been the motive behind the training MBCOL provides for the Police and nursing staff at
Leicester’s main hospitals and more recently the Master’s course at the St Philip’s Centre. It has also
driven the current and ongoing work with the eight faith book on burial.
The value of the MBCOL is immeasurable. Since its inception MBCOL has seen a significant
increase in users of its services reflecting the increase in the Muslim population in Leicestershire and
this is predicted to continue in the future.
42
MBCOL ANNUAL REPORT 2009 Summary - MBCOL is looking to provide a Centralised Funeral Service which has the support of
the community, its principal funding body, Leicester City Council, local councillors, Leicestershire
Constabulary and other key organisations as mentioned above to enable us to create a single point of
contact and service for our communities. A centralised service will allow the Muslim community to
access interment services under one roof. Other than the necessary interment provisions, the facility
will also incorporate training rooms, a bereavement counselling service and educational resources.
The project proposal itself has involved considerable local consultation and recognition of the
distinguished services which MBCOL aims to provide. 2.2 ‘Muslim Burials in Walsall: a Case for Reform’, Bruce George MP (Walsall South) and Rose Burley (Head of Constituency Office) – (extracts) What recommendations can be made for Walsall in light of arrangements in place in other
Local Authorities?
It is reasonable to assume costs will increase if service provision is enhanced. This may be
an obstacle to greater provision, especially in light of current funding problems and
also considering that the Muslim community already considers the costs to b e e xc e ss i ve . Th e
potentia l problem is quite ea sily su rmo untable. The arrangements in Leicester
provide the best example of how extra resources can be provided at a limited cost. The use of
Muslim volunteers, trained by the Council to perform administrative and burial duties, has
proved to be an innovative and effective way to bridge the gaps. __________
Leicestershire Muslim Burial Policy
The authors are paying special attention to Leicestershire because it represents in their view
"best practice", or to put it even more positively, it is the gold standard of the UK. We are
not arguing for a simple transference of all policies and experience to Walsall, but there is
a great deal to be learnt. The authors visited Leicester as guests of The Muslim Burial
Council of Leicestershire (MBCOL). We were accompanied by representatives of the
Walsall Muslim Burial Committee. Bruce George also spoke with his Parliamentary
colleague, Sir Peter Soulsby, the former Mayor of Leicester, who played an enormously
important role working with the political parties and the Muslim community in establishing and
sustaining a process that is being followed by many authorities both in the UK and abroad. We
have also consulted a number of documents produced by the MBCOL notably the Centralised
Bereavement Services Project, Statutory Duty for Doctors and Other Public Personnel to Report
deaths to the Coroner, the MBCOL Annual Report 2007 and their 91 page Guidelines on Death and
Burial of a Muslim.
The organisation was set up in 1994 with the aim of bringing together senior
representatives of all mosques in the county to evolve policy. A year later the fruits of their
endeavours resulted in an agreement with Leicester City Council. This legal agreement conferred
43
MBCOL ANNUAL REPORT 2009 upon the MBCOL the legal authority to carry out burials at Saffron Hill Cemetery every day of
the week. Such is its legitimacy that designated members have been given the keys allowing them
access to the cemetery at weekends and bank holidays allowing funerals out of normal hours
such as at weekends and bank holidays. They can coordinate with other organisations involved
in expediting the burials process such as Coroners.
What was remarkable was the agreement by the City Council to transfer many powers to the
MBCOL, including an arrangement for specifically identified members to hold keys to the cemetery
which permits access at both weekends and Bank Holiday, even in hours markedly different
than the restricted times permitted in most other authorities. The MBCOL also enjoys the
trust of the relevant statutory authorities which enables the expeditious handling of the requisite
legal process, for example Registrars are on standby who may be contacted by mobile phone.
Funerals in the city can therefore be conducted out of business hours. There is in
essence a partnership between the various authorities and MBCOL and this has been recognised by
numerous awards. One can contrast this with the sometimes tense relationship in other municipal
areas. The reasons for its considerable success have been identified and recorded in MBCOL's
Centralised Bereavement Services Project, which may be helpful to Walsall in considering future
policy.
They include —
•
Well established and first point of contact for the Muslim Community as a whole
•
Provision of out of hours service
•
Provision of information, help and assistance relating to interment
•
Close and unique working relationship with Leicester City Council
•
Involved with consultation programs with local and central government departments
•
CCTV covering the Muslim sections of Cemeteries
•
Established partnerships and recognition from a number of organisations
•
Recognised nationally as a provider of key burial services to the Muslim community
•
Effective organisational structure and support, founded upon dedication of management
and volunteers and their ability to communicate and interact with the community. These
include directors from the business community along with solicitors who provide their
services without remuneration
•
A cooperative work environment and low overheads
•
Provider of a unique and invaluable service to the Muslim Community
__________
44
MBCOL ANNUAL REPORT 2009 The Muslim Burials Committee in Walsall has informed the Council that their aspirations
include a number of these policies implemented in Leicester. A number of components have been
implemented that have strengthened its services. These include a dedicated secure
mortuary available to the Coroner; a fast-track post-mortem facility, a training centre for
staff from the voluntary and statutory sectors, a bereavement counselling service, a community
hall, a bathing and shrouding facility, a resource and research centre, a purpose built
funeral vehicle, the organisation of relevant conferences exhibiting their services at interested
national and international conferences, and an extensive website.
We referred earlier to their guidelines on death and burial of Muslims. Most local
authorities produce documentation, though of varying quality, and some have a better tale to
tell than others. The MBCOL's booklet lays out very clearly the legal requirements and
necessary documents such as the medical certificate, Formal Notice given by the Doctor and
referral to the Coroner if necessary. It goes into some detail on the role of the Coroner. There
are sections on the role of the police in certain circumstances which might include an
investigation and report. There is a section on registration of the death and on the role of the
Leicester City Council Cemeteries Department. There are sections more specifically aimed at
Muslim Burials. There is a lengthy section on whom to contact i.e. the Cemeteries Office, the City
and County Registrars, HM Coroners, Hospitals, and the police.
We reiterate how important it is for local authorities to beat a path to Leicester to see where
lessons may be learnt.
Other lessons to be learnt
Finally, Walsall should give serious consideration to introducing elements of the system that
exists in Leicester that is carried out under the auspices of the Muslim Burial Council of
Leicestershire and which is highlighted in this study. After extensive discussions with the
Muslim Burial Committee and other stakeholders, it is felt that such a system would operate well in
Walsall and meet the aspirations of the Muslim community on this very sensitive issue.
__________
Recommendations:
1.
We hope Council Officers, and senior elected members can engage in further
consultation with the Muslim Burial Committee to seek further progress.
2.
That further studies will be undertaken to ascertain best practice and seek to move
closer to, if not actually achieve, relative equivalence.
3.
To explore different alternative models where it has been proven they are acceptable
and cost effective. In a number of local authorities out of h o u r s s e r v i c e s u p o n
a g r e e m e n t c a n b e t r a n s f e r r e d t o t r a i n e d a n d legitimate members nominated by
representative bodies and members of the Muslim community. This process is
45
MBCOL ANNUAL REPORT 2009 exemplified by the Leicester experience. We believe they are worthy of close
consideration. There are models of contracting out that may fall short of the
Leicester model but will still be cost effective, efficient, and meet the Council's
requirements of health and safety, legality etc. Consultation should be broader
than simply embracing the local authority and Muslim Burial Committee to ensure
any agreements are widely accepted.
Examples of Best Practice (snapshot)
There are a number of local authorities that should serve as a potential model should
Walsall decide to improve its provision. Clearly the doyen of local authorities is
Leicester City Council which has worked consistently over a long period to manage the
substantial migration into the city and create a genuine multi-cultural and multi-faith
city.
__________
Summary - This consultation was triggered by the MP of Walsall South, Bruce George and the
head of his constituency office Rose Burley, in response to the need to reform burial services in
Walsall to meet the requirements of the local Muslim population. The above are extracts from their
final report. The report is full of praise for the work of MBCOL which is nominated as a model of
best practice in this area. The cost-efficiency of our activities to local authorities has also been
highlighted. It also recognises the role of the Leicester City Council in encouraging and supporting
such community initiatives.
2.3 House of Lords inquiry into the issues raised by the European Commission Communication: Organ donation and transplantation – policy actions at EU level Q1. Please would you describe any particular aspects of organ donation and transplantation
which are considered ethically problematic within the contact of your organisation’s religious
beliefs – as these are perceived: (a) within the UK; or (b) in the EU Member States?
The interference and or the violation of the human body, whether living or dead, are
prohibited in Islam. This concept has been applied in many differing ways by the Muslim
community with regard to matters that relate to organ donation and transplantation. The application of this concept has in some cases been more rooted in cultural attitudes than
strict application of Islamic (Shariah) Law.
One fundamental aim of Shariah Law is the positive injunction for believers to save life. Islam
places a very high value on life.
46
MBCOL ANNUAL REPORT 2009 As with some of the prohibitions there is a balance that needs to be struck. This balance is
achieved by the prohibition being waived in some instances. These are in cases of necessity;
to preserve the life of others and of one self. This is the Islamic legal maxim of “al-darurat
tubih al-mahzurat” (necessities overrule prohibition). This has great relevance to organ
donation. This can be seen in the Quran when Allah declares:
"Whosoever saves the life of one person it would be as if he saved the life of all mankind."
Holy Qur'an, chapter 5 vs. 32
Many Scholars in Islam have examined this issue and the points that flow from opinions
appear to be as follows:
a. b. Medical professionals should be entrusted in defining “death” by clinical criteria
and this is a question of medical fact rather than one of religious analysis. We should accept brain stem death as the proper definition of the end of life. The ethical questions in transplantation relate to the source of donor organs e.g.
anencephalic donors, cadaveric donation which is still con-troversial in some countries, paid
living donors, donation under coercion or by minors, and by patients in a persistent
vegetative state as well as organs from animals (xenotransplantation). The other major
ethical issue has to do with equitable distribution of organs.
For these opinion makers the facts point to the fact that organ donation is permitted.
The issue therefore would also require analysis of all cultural perspectives in the UK.
Q2. Please would you explain if there is any significant tendency for individuals from your faith
group to oppose organ donation either for themselves or for a family member on the basis on the
basis of their own interpretation of the religious teaching of the group, rather than on the basis of
that teaching is more generally interpreted. If so, how, if at all, do you think this tendency might
best be addressed?
The tendency for opposition to organ donation tends to be based on both individual
application of what individuals believe and what some Muslim scholars say about the human
body and parts. The human body is a trust (amanah) that has been given to us by God as
such; it will be impermissible for one to donate any organs of his body. In view of the above
and other evidences, according to these scholars, it is unlawful to donate and transplant
organs, whether it be of a living person or a dead body, and whether there is a need or
otherwise. In other words, there is no permissibility whatsoever for the transplantation or
donation of organs.
One way to address this would be for institutions to engage with the Muslim community in
order to clarify the particular aspects of Sharia (law) relating to this area. It must be
understood that, even in this instance, people will still want to exercise their own personal
right to refuse for their own personal reasons. This personal choice of course may be true of
all people regardless of their faith.
47
MBCOL ANNUAL REPORT 2009 Q3. To what extent would a change to a system of presumed consent of organ donation in the
UK (under which everyone would be assumed to have consented to donate their organs after death
unless they explicitly opted-out from the system) be ethically acceptable for your faith group?
We do not believe that a system of “presumed consent” would be appropriate. The idea of
people having to “opt out” is in our view inappropriate when we look at the fact that ones
organs are being used. Personal and cultural feelings about ones body are intrinsically very
problematic. We can envisage families raising legal, moral and ethical challenges against the
medical profession when they are opposed to one of their loved ones bodies being used in this
way. We all sensed that extreme concern and discomfort when we learnt of the Alder Hays
organ retention scandal. It would not be ethically or religiously acceptable to us. Q4. If presumed consent were to be introduced in the UK, what would be your views about the
idea that members of any particular groups should be assumed to be opted out as a whole without
the need for individual opt outs? (An example of this is in the case in Singapore, where Muslims
are assumed to have opted out unless they expressly opt in).
We do not accept that the concept of “opting in” or “out” would be acceptable. What we
would recommend is that all GP’s and Hospital Doctors should be placed under an obligation
to get each of their patients to declare their decision as to organ donation. There also has to
be a distinction between those donations that are for the purpose of helping to save a life and
organ donations for the purpose of clinical research only. There should be a clear instruction
as to what part of the body or organ (or part of an organ) is being donated. The patient should
be able to withdraw any such consent given at any time and this can also be determined in any
testamentary document such as a Will. Lawyers should be encouraged to advise their clients to
draw up Wills and to address this issue in it. This is creating a system where people are
encouraged to apply their minds to the issue of donating their organs and to make an informed
decision, which is what Islam requires. The intent of the deed is paramount, rather than the
issue being determined on your behalf by others. It also follows that we firmly believe that
organ donation must be given freely, without reward, and trading in organs is strictly
prohibited. __________
Summary – This consultation was undertaken in February 2008 and dealt with an area of immense
moral, ethical and legal complexity. In summary, our response covered the following topics:
•
Background to the shari’ah issues and ethical concerns around organ donation
•
Our opposition to ‘presumed consent’ on ethical grounds
•
Our defence of the right to choose to donate in all circumstances
•
Promoting increased opportunities for people to think about organ donation
•
Our opposition to ‘organ trade’
•
The need to clarify whether organ donation is for use in treatment or research
48
MBCOL ANNUAL REPORT 2009 It is evident that articulation on such matters requires appreciable knowledge of the concepts
concerned as well the community perceptions. This highlights the invaluable link we have between
policy-makers and grassroots communities.
2.4 Statutory Duty for Doctors and Other Public Staff to Report Deaths to the Coroner (A consultation produced by the Ministry of Justice) September 2007
Introduction
The responses to the questions set out have been considered by the Board of Trustees of the Muslim
Burial Council of Leicestershire (MBCOL) of 394 East Park Road, Leicester LE5 5HH United
Kingdom. Consideration has been given to the issues by the Trustees. The responses given in this
document are based on MBCOL’s own experience in the way that it has operated for the last few
years. The Trustees of MBCOL recognise that the answers given in this document is not meant to be
in any way final or complete. In addition it must also be noted that the responses set out in this
document reflect the majority opinion held by the different schools of thought of Islamic
jurisprudence.
Q1: Are these the right types of public service personnel who should be given a statutory
requirement to report a death to a coroner?
If not, who else should be placed under this duty and why?
Are there authorities on this list who do not need to be?
The list of those personnel who should be given a statutory requirement to report deaths to the
Coroner should be restricted to Prison Governors and Police Officers, adopting the New
Zealand model through its Coroners Act of 2006
Q2: Do you believe the proposed list of reportable deaths to the coroner is workable, effective
and proportionate?
We would adopt the reportable deaths in accordance with the New Zealand model with
amendments to “When a person dies while under anaesthetic or during or following a medical
procedure, or as a result of anaesthetic or a medical procedure” by including “any deaths
resulting from defective treatment or adverse reaction to prescribed medicine” and also
including “deaths relating to employment”
Q3: Are there any additional circumstances not mentioned in the proposed list where you believe
there should be a statutory duty to report a death to the coroner?
49
MBCOL ANNUAL REPORT 2009 MBCOL feel that additional circumstances not mentioned in the proposed list should cover
deaths occurring abroad and particular issues affecting the Muslim community such as those
people who travel to other countries on pilgrimage, religious visits and deaths abroad. For
example where death has occurred as a result of honour killings. These additional
circumstances would only be for British citizens.
Q4: Are there any circumstances where deaths are reported to the coroner unnecessarily? If yes,
please specify. (Please do not mention deaths occurring outside of England and Wales in this
section.)
Yes there are circumstances where deaths are reported unnecessarily to the Coroner. From
MBCOL’s experience these would include deaths that have occurred through a long and
protracted illness and old age where time limits are arbitrary
Q5: Do you agree that the 14 day rule is arbitrary and unnecessary? If not, what length of time
limit would you suggest?
Yes the 14day rule is arbitrary and unnecessary as it doesn’t create any safeguards. MBCOL
believe that it should be on a case by case basis and there should be some scope for discretion
in each individual case
Q6: Do you believe that a deliberate or wilful failure to discharge this duty on the part of a
doctor or other public service professional should be dealt with as a criminal offence as described?
We would be interested to hear any reasons behind your views.
MBCOL believes that where there is a wilful failure to discharge a statutory duty by those
persons listed in the act it should be treated as a criminal offence. The reasons behind our
views would be to protect the rights of the individual and to prevent possible collusion to hide
a criminal death.
Q7: Do you agree that the most appropriate sanction is through the employer’s code of conduct
and the relevant professional regulatory body? Again, we would be interested to hear any reasons
behind your views.
MBCOL do not believe that sanctions through the employers code of conduct or a professional
regulatory body is appropriate. MBCOL believe that it should be subject to the criminal
procedures that are in place and that any investigations should be carried out by the Police
and that the sanctions should be decided by the criminal courts.
Q8: Do you believe that these sanctions will fit with the Government’s White Paper, “Trust
Assurance and Safety – The Regulation of Health Professionals in the 21st Century”? If not,
please give your reasons.
Yes MBCOL believe that the sanctions as we have set out in our response to question 7 would
satisfy the “Trust Assurance Safety” considerations in the Governments current White Paper.
Q9: Do you foresee any practical difficulties arising from the introduction of a second scrutiny
of death certificates and the list of reportable deaths?
50
MBCOL ANNUAL REPORT 2009 MBCOL believe that the practical difficulties of the introduction of a second scrutiny would be
one of time and in terms of delay this would be a significant issue for Muslim, Jewish and
other faith groups that require early burial.
Q10: Do consultees agree with the principles which will inform a reporting system?
MBCOL generally agree with the principles of the reporting system however we have concerns
in relation to any delays these principles may cause. Reducing delays is paramount for
MBCOL as this is a requirement of the Islamic faith. MBCOL believe that this is not an
exclusive view held by the Muslim community but is also shared by the Jewish and other faiths.
__________
Summary – This consultation in September 2007, dealt with fine legal points, processes and
safeguards in cases of death which are referred to the Coroner. MBCOL has argued in this
consultation for the need to move to the New Zealand model in relation to restricting such reporting
to prison governors and police officers. We have also expressed our opinion regarding the list of
reportable deaths, in particular to include deaths caused by employment and deaths occurring abroad
with specific reference to ‘honour killings’. We have also argued the futility of the 14-day rule in
providing safeguards to individuals and proposed a flexible alternative.
2.5 Burial Law and Policy in the 21st Century (A Home Office Consultation – January 2004)
Introduction
The responses to the questions set out have been considered by the Board of Trustees of the Muslim
Burial Council of Leicestershire (MBCOL) of 394 East Park Road, Leicester LE5 5HH United
Kingdom. Consideration has been given to the issues by the Trustees. The responses given in this
document are based on MBCOL’s own experience in the way that it has operated for the last few
years. The Trustees of MBCOL recognise that the answers given in this document is not meant to be
in any way final or complete. In addition it must also be noted that the responses set out in this
document reflect the majority opinion held by the different schools of thought of Islamic
jurisprudence.
MBCOL envisage a system whereby there is a creation of a National Burial Authority. This body
would control and direct the activities of a locally appointed Burial Board who work directly with a
local authority and that the management and decisions relating to burial grounds are made by the
locally appointed Burial Boards in conjunction with the local authorities. In addition matters of
grievances would be dealt with by a tribunal convened by the local Burial Board and any rights of
appeal would then go to the Coroner and rights of appeal thereafter would be subject to judicial
review in the high Court.
51
MBCOL ANNUAL REPORT 2009 Q1: The Government believes that any review of current burial law needs to address the case for
legislation applying to all burial grounds consistently, even if some burial grounds, such as
Church of England churchyards, were to continue to be subject to relevant ecclesiastical law. It
would accordingly welcome views on:
a.
b.
c.
a.
b.
c.
Whether there should be a single statute to establish the broad framework in which
burial grounds should operate;
What aspects that broad framework might or ought to include (and what might be better
left to other areas of law, such as planning);
Whether there should be exceptions for different providers, or different types of burial
ground, and, if so, what those exceptions might be.
MBCOL are of the view that there should be a single statute to establish the broad
framework in which burial at grounds should operate.
MBCOL feel that the broad framework should encompass planning issues and in
particular the town and country planning act. Local authorities should be given delegated
powers to provide appropriate resources in relation to the provision of burial grounds.
This should be a provision to all people that live, reside and work within their authoritative
areas.
MBCOL believe that exceptions for different providers should not apply. However
particular spiritual and religious needs should be met.
Q2: The Government would welcome views on whether provision of burial grounds should be
left to the market, or whether there should be a statutory obligation on local authorities to provide
burial facilities.
MBCOL take the view that the provision of burial grounds should be made a statutory
obligation on local authorities to provide burial facilities. However how the facilities are
resourced and managed should be left within the local control of local authorities and local
authorities should be free to negotiate and engage with different sections of the faith
community to provide such provision. This allows different authorities the flexibility they need
in order to meet the particular requirement of the local area where they operate.
Q3: The Government invites views on whether any change to the existing discretionary powers
of local authorities to provide burial grounds should be based on a requirement to make an
assessment of community needs, for example, every 10 years (geared to statements in their Local
Plan); to take account of all local existing non-municipal burial facilities (and any reusable sites,
if appropriate – see Part D); to ensure adequate provision for particular cultural and faith needs,
and for diversity of demand. The Government does not believe that diversity can necessarily be
achieved at the lowest tier of local government, and that the aim should therefore be to provide
adequate diversity of provision at district/London borough level.
MBCOL believe that diversity can be achieved at local authority level. The experience of
MBCOL within the city of Leicester is a positive one. The Leicester City Council have engaged
positively with the Muslim community in making provisions and meeting their diverse needs.
52
MBCOL ANNUAL REPORT 2009 This response in based on the experience of MBCOL in Leicester. MBCOL cannot of course
make any other comment about the approaches and attitudes taken by other local authorities
in other parts of the country. The Trustees feel that this methodology should be adopted and
replicated in other parts nationally.
Q4:The Government would welcome comments on the practicalities of requiring such needs
assessments, their frequency and scope, and the implications for practice in relation to the
compulsory purchase of land. It would also be helpful to receive views on how parish, town and
district Councils, local authorities in Wales, Church of England and Church in Wales diocesan
and other religious authorities, might work together to provide an appropriate level and variety of
burial facilities for all their communities.
The response form MBCOL is based on its experience with the local authorities and the work
that has been carried out within the city of Leicester between the various faith groups. As some
of the Trustees of MBCOL already engage in community work with other organisations such
as the Leicester Council of Faiths, MBCOL envisage that it would be appropriate for local
authorities to produce representations form various sections of the community. There would be
a formation of a Burial Board who would be volunteers in the first instance and the Burial
Board would be drawn from various faith groups or interest groups and would work directly
with local authority officials in supporting and delivering the specific needs of the particular
area.
Q5: If diversity of provision is important, but it is not feasible to provide such diversity within first
tier local authorities, is there a case for restricting the power to establish burial grounds to districtlevel authorities only, or even to county-level councils (or unitary authorities in Wales)? Or can
adequate, diverse, local, facilities be provided through consortia of district level authorities? Or
would some other tier of government, or other mechanism, be appropriate?
MBCOL believe that if the suggestion of having a locally appointed Burial Board could be
established by statutory obligation upon the local authority to make provision then diversity of
provision would be met the appropriate tier of government in view of MBCOL is at local
authority level.
Q6: Views on the viability and practicality of leaving responsibility for local authority burial
grounds within first tier councils are invited. Views would also be appreciated on the potential
benefits of larger scale burial authorities, for example economies of scale in terms of training and
developing expertise.
MBCOL believe that viability and practicality can be achieved with locally appointed Burial
Boards that would be under the control and supervision of a national body which could be
referred to as the National Burial Board. A comparison would be that of the Housing
Corporation being a national organisation that engages at local level with local Housing
Associations in the provision of social housing.
53
MBCOL ANNUAL REPORT 2009 Q7: The costs of ensuring adequate provision of burial facilities are not strictly an issue for
consideration within a consultation exercise on burial law, but views on the financial implications
for first or second tier local authorities of any obligatory provision of burial facilities would be
welcome.
MBCOL believe that the financial implications of the implications of the provision of burial
grounds are a matter for local authorities to deal with. local authorities obviously need to
make whatever changes they consider to be just and fit in order to meet its statutory
obligations if any such are imposed.
Q8: The Government believes that while the information required can normally be expected to be
provided voluntarily by the various cemetery managers, statutory authority to obtain the data
would be desirable and a statutory obligation to report on the opening of cemeteries would provide
an essential mechanism to ensure that central information was up to date. Views on the need for
such provisions are invited.
MBCOL believe that there should be a statutory obligation to provide information, data and to
report on the operation of burial grounds. The additional matter that MBCOL would stress
would be that there ought to be some mechanisms as to enforcement.
Q9:The Government would welcome views on the case for additional regulation of the detailed
aspects of cemetery operations set out in the above paragraphs, and in particular on the
appropriate mechanisms for referral or appeal of any local decisions. One possibility would be for
them to be made to the Home Office, as is already the case in some instances but alternatives
might be more effective, such as a dedicated tribunal or other body.
MBCOL would strongly suggest that there should be a dedicated tribunal or body to receive
complaints and grievances. MBCOL believe that the locally appointed board could appoint a
tribunal of suitable persons to hear and determine such complaints. All rights of appeal are to
be referred to Her Majesty's Coroner, further appeal would then be by judicial review to the
High Court.
Q10: The Government would welcome views on whether a statutory obligation to bury or
otherwise dispose of those who have died should be created. If so, on whom such an obligation
should be placed, within what period of time, and what exceptions should there be (for example
where the remains are required as evidence for a court case)?
MBCOL believe that there should be a statutory obligation upon the next of kin, if any, to bury
or to cremate (if cremation is the tradition of that particular faith). In the event of the deceased
not having any immediate family, MBCOL believe that the obligation should then fall upon the
local authority in accordance with a statutory obligation that has been alluded to earlier. Any
such burial shall be in accordance with the deceased’s faith. This shall include the carrying
out of all necessary religious ritual and ceremony. In the event of any doubt as to the faith or
any particular request of the deceased, the issue shall be determined by the tribunal as
described in response to question number 9 above. The obligations therefore are on a
54
MBCOL ANNUAL REPORT 2009 hierarchy which MBCOL believes should be as follows a)
b)
Obligation on next of kin and family
Local authority.
In the event of the deceased having made a will then MBCOL take the view that the obligation
should fall on the executors before the responsibility passes on to the local authority. In
relation to the period of time that has been raised in this particular question and the
exceptions MBCOL has always stated its position that within the Islamic tradition the burial of
the deceased needs to take place as soon as practicably possible. It is therefore MBCOL's view
that any statutory obligation imposed should recognise the faith requirements of the deceased
person in question. MBCOL are of course acutely aware of the restrictions that currently exist
in relation to post-mortems and Coroners inquests and those issues will no doubt remain
intact.
Q11: The Government believes that there should be scope for improving the standards of
maintenance, restoration and safety in burial grounds through more precise definitions,
reinforced through more effective staff training and enforcement measures, underpinned by
guidance and new funding schemes. Views are invited on whether this is the right approach,
whether new legislation alone will deliver the benefits required, or whether funding issues also
need to be resolved before substantial progress can be expected.
MBCOL envisages that in a situation where there is a National Burial Authority, it would be
this National Burial Authority that would set minimum standards. They would provide
recommendations of best practice and guidance on the appropriate approach to be undertaken
and ensuring that resources are provided in the delivery of burial services. This would be fed
through locally via the locally appointed Burial Board working in conjunction with the local
authority having the statutory power to undertake the provision of burial services.
Q12: The Government considers that, on the whole, service standards can be improved by
guidance rather than regulation, especially where it may take time for standards to be established
and bedded in. But views would be welcome on whether it would be helpful or constructive to place
obligations on burial ground managers to take account of guidance on these issues in planning for
the future, or to consult relevant experts, for example, on the options available for developing the
environment of their sites.
]
MBCOL believe that there would have to be regulations and that these regulations would have
to have appropriate mechanisms where they can be enforced. MBCOL envisages that this
would be done by a National Burial Authority.
Q13: The Government does not believe that it would be the task of an inspectorate to undertake all
these functions, although, if such a body was established, it might well contribute to policy
development, standard setting, training and research needs. Views would, however, be welcome
on: whether compliance with regulation and good practice would be dependent on the availability
of a field force to provide a local presence of experience and expertise; where that resource should
55
MBCOL ANNUAL REPORT 2009 be drawn from; whether a standing body would be needed or whether it would be feasible to draw
on existing sources; what frequency of inspections might be required; what size of any standing
body might be needed; whether all burial grounds should be subject to inspection, or whether
some should be exempt (if so, which ones and why).
MBCOL believe that in relation to inspections and to deal with complaints the vision that
MBCOL has in having a National Burial Authority it would be this authority that would deal
with the development of policy in conjunction with locally appointed Burial Boards working
with the local authorities.
Q14: Views are invited as to whether the case for an inspectorate has been made out, whether the
costs are likely to justify the benefits, and whether the costs might more appropriately be recovered
from the industry, rather than from the taxpayer, perhaps through a system of licensing
cemeteries.
MBCOL believe that the creation of a National Burial Authority can be justified both from an
economic point and from the point of achieving and meeting the diverse needs of multi-cultural
and multi faith Britain.
Q15: The Government believes that it is right to continue to protect buried human remains from
unauthorised disturbance. Where statutory provision has been made for remains to be exhumed or
removed, it is important that the remains should be treated at all times with dignity and respect,
however old the remains might be. The Government believes that disturbance may be justified only
in limited circumstances: in the interests of justice (for example, exhumation on the order of a
coroner); for personal reasons by the next of kin of the deceased; on grounds of public health or
nuisance; in the public interest (in connection with site developments which have public or other
planning consent); for scientific purposes (e.g. for archaeological research); for other exceptional
reasons (the case for exhumation for the purpose of re-use of old graves is discussed below).
MBCOL has considered the comment made under this question. Strictly speaking whilst not
phrased as a question the sentiments set out and the views expressed are supported and
MBCOL has full agreement with the government’s belief as to the right to continue to protect
buried human remains from unauthorised disturbance.
Q16: The Government would welcome views on whether these grounds are too narrow (or too
wide).
MBCOL believes that in relation to an examination of exceptions and in particular for the
purpose of exhumation of old graves should be a matter that needs to be agreed locally. This
would be by the local authority and the locally appointed Burial Board and that the permission
for disturbances has to be ratified by the locally appointed Burial Board and the local
authority JOINTLY. In the event of no agreement between the local authorities and the locally
appointed Burial Board the matter would then be referred to the National Burial Authority
who would make the final decision.
56
MBCOL ANNUAL REPORT 2009 Q17: The Government would welcome views on the case for licensing the disturbance of all
human remains, cremated or otherwise, which have been interred or otherwise given a permanent
resting place.
MBCOL take the view that the whole issue of granting permission for the disturbance of
human remains should be vested by a joint permission being given by the locally appointed
Burial Board and the local authority. MBCOL take the view that referring matters to the Home
Office is overly bureaucratic and would delay strategic decisions that would need to be made,
such decisions are often needed to be made quickly.
Q18: The Government would welcome views on whether: authority to license the exhumation of
remains should be retained centrally; such authority might be delegated to the burial authority/
burial ground manager; the criteria for the grant or refusal of licenses should be regulated in
statute; there should be a formal appeal mechanism; fees should be charged, or chargeable;
procedures and criteria should be more closely aligned with those relating to faculties; whether
archaeological remains should be subject to the same regulation, or be unregulated, or more
lightly regulated;
MBCOL believe that all the issues listed in this question could easily be issues that could be
dealt with by the locally appointed Burial Board working in conjunction with the local
authority. Obviously any regulations or standards of practice devised by the National Burial
Authority would have to be taken into account.
Q19: It would also be helpful to have views on: what the criteria should be for the grant of licenses
or faculties; how old buried remains might need to be to justify any relaxation of the regulation of
their disturbance.
MBCOL take the view that the criteria as set out of the Government's views in question 15
should be the appropriate general criteria. Any exceptions would have to be considered on its
own merits and MBCOL do not believe that there ought to be any relaxation of the regulation
of the disturbance by reference to time. In other words all disturbances would have to be
subject to permission which would have to be secured jointly by the locally appointed Burial
Board and the local authority.
Q20: Views are invited on the case for the delegation of authority for the removal of remains in
these circumstances, and to whom such authority might be delegated.
MBCOL believe that it would be appropriate for the authority to vest jointly with the local
authority and the locally appointed Burial Board and that no authority is to be delegated to
any other body.
Q21: The Government believes that statutory provision to require the removal of remains before a
burial site is developed reflects a roper balance between the need for respect towards those who
have died, sensitivity towards the bereaved and their descendants, and the interests of public and
57
MBCOL ANNUAL REPORT 2009 private sector developers. However, views would be welcome on: whether the existing legislation
might be rationalised for general application; whether there is sufficient protection of the interests
of those who have died and their families, for example in relation to the ability to prevent
development, or to have the costs of re-burial reimbursed, or to restrict making the graves
inaccessible; and whether the notice arrangements (two weeks) or the time allowed to make private
arrangements for reburials (two months) are too short or too long; whether there might be
circumstances in which the prescribed procedures should be de-applied, for example because the
site or the remains are so old.
MBCOL believes that in relation to the removal of remains for the purposes of land
development and use of graves, MBCOL believe that there has to be rationalisation of the
existing legislation in relation to this particular issue and that a newly formed National Burial
Authority is to set up regulations and guidelines as to best practice which would then be
implemented by the locally appointed Burial Board working in conjunction with the local
authority.
Q22: Given the sensitivities on this issue, the Government believes that the arguments in favour of
the re-use of graves need to be tested, in particular, so as to gauge public concerns and
acceptability, and to determine the practicality and economics of any new approach, having regard
to the need for any exceptions and safeguards. Comments are therefore invited on the principle as
to whether the disturbance of remains would be justified in the interests of preserving and funding
local, viable burial grounds, and reducing demands for new land for burials.
MBCOL believe that the way to deal with this would be through the process as set out in
answer to question number 21. MBCOL believes that it may be possible for some faith groups
to accept the re-use of land to be re-used for the purposes of burial. In addition MBCOL is
also acutely aware of the adverse effect this might have on certain sections of the community
and also in particular certain sections of the faith communities. MBCOL believes that remains
of those graves that have been removed could be recorded on permanent memorials at
appropriate sites which could be reached with agreement at local level with the local authority
and a locally appointed Burial Board.
Q23: Comments are invited on the potential impact of re-using graves on the character of a burial
ground, and how any adverse effect might be mitigated. Views would also be welcome on how
tombstones and memorials should be dealt with where graves were to be re-used (for example, new
or additional memorials, additional names on existing memorials or the details of the further
burials to be recorded in books of remembrance).
MBCOL believe that the way to deal with this would be by recording the details of graves that
have been removed on a memorial, it may be that such memorials would be faith specific and
the community could get involved in its management. MBCOL would also like to see records
kept in a book of remembrance.
Q24: The Government would welcome views on whether the age of the grave should be the
appropriate criterion to determine whether a grave might be re-used. If so, is 100 years the
58
MBCOL ANNUAL REPORT 2009 appropriate length of time? Should it be longer, or shorter? And if so, on what basis? Should there
be any linkage to the time granted for exclusive rights of burial? Or to the 50 years from the date
of burial which, under the Disused Burial Grounds (Amendment) Act 1981, qualifies the next of
kin to prevent the development of a burial ground? Should re-use depend on a shortage of burial
space in the particular local area?
The members of MBCOL are reluctant to commit a specific time line in relation to disturbance
of existing burial grounds. MBCOL can state that within the Muslim community the contact
with parents and grandparents in particular often tends to be fairly committed and fairly
strong amongst members of individual families. It is the view of MBCOL and indeed the view
of the Muslim community in general that we would not want to see the disturbance of graves of
our parents and grandparents in our own lifetime. Accordingly, MBCOL believe that the
minimum period should be 100 years.
Q25: Alternatively, might a more scientific approach be adopted which determined that only
graves containing skeletal remains were used? Would this be practical? (Decomposition would
mainly depend on local soil conditions, might not be accurately predictable, and might involve a
period of time considerably longer or shorter than 100 years.)
MBCOL believes that scientific data and scientific research would be useful in being able to
determine some sort of reasonable time line. Again this information and scientific study may
be helpful.
Q26: The Government believes that, if graves were to be re-used, the lift and deepen method would
be the preferred approach. Views are invited on any foreseen disadvantages of this method, or
advantages of alternative methods.
The practice of burying at two levels below tthe soil level is possible and acceptable to some
faiths and groups. However MBCOL would state that any such practice should have to be
subject to consultation and approval with local communities from different faith groups.
Q27: It would also be helpful to have views on whether particular methods of re-using graves
should be prescribed, or whether burial ground managers should be free to adopt whatever method
appeared appropriate according to local circumstances
In respect of this question MBCOL would refer you to a response given to question number 26.
In addition it may be useful for a further separate consultation to take place perhaps at local
level between the local authority and the local appointed Burial Board to consider
alternatives.
Q28: The Government would welcome comments on any or all of these factors.
MBCOL feel very strongly that all issues relating to this particular area would have to include
religious beliefs and sensitivity to cultural heritage and of course environmental pressures.
59
MBCOL ANNUAL REPORT 2009 Q29: The Government believes that local consultation about any re-use of graves would be
essential, but that it would be important for such exercises to be undertaken on a consistent basis.
Comments are invited on the need for consultation and what might properly be addressed in such
consultation, including: . best estimates of remaining burial space and demand; details of any
additional burial grounds already earmarked or acquired, and reasons why it is not proposed to
use them; details of any local burial facilities which will not be subject to a re-use scheme;
proposed criteria for exempting graves or cemeteries from re-use, or details of graves and
cemeteries already identified for exemption; proposed method of re-use; and implications for
burial charges.
MBCOL believe that such consultation would be essential if there is going to be any long term and
agreed development of proper policy.
Q30: Whether and how such consultation might usefully be undertaken jointly with other burial
ground providers would be appreciated.
MBCOL believe that such consultations could be done by different local authorities. An
example would be for the Leicester City Council to convene a consultation group from the
faith communities and to collect the consultation data and views for consideration by central
government.
Q31: The Government would welcome views on the proposed exceptions to any re-use
arrangements, in particular: whether the exceptions proposed are the right ones, or whether there
should be others; whether it would be right to enable exceptions, in effect, to be purchased;
whether the criteria for identifying exceptions are sufficiently clear, or flexible, to be effective; and
whether the need for sustainable land use is such that exceptions should not be permitted in any
circumstances.
MBCOL believe that the whole issue of making exceptions is incredibly difficult. MBCOL are
aware that there are different sections of the faith communities and indeed different
subsections within the Muslim community that have important scholars and imams. Such
individuals and senior clerics and indeed those religious and devout individuals who are
recognised as such and achieve the status of sainthood may create difficulties. This is not a
tradition simply restricted to Islam but the whole issue of sainthood can also be seen in the
Catholic Church and in the Christian Church in general and also the issue of relics of human
remains that are preserved in specialist mausoleums as practiced by the Catholic Church is an
issue that will prove difficult. MBCOL believe that there will be some sections of the Muslim
community that will want to have certain exceptions for specific individuals so that there is no
disturbance to their particular graves. At this moment in time MBCOL has difficulty putting
forward any positive solution to resolve this issue apart from engaging in further consultation
with specific faith communities. MBCOL believes that the exceptions identified at question 31
should be subject to further consultation with faith communities at local level in the manner
indicated earlier.
Q32: The Government would find it helpful to learn what importance ought to be attached to the
60
MBCOL ANNUAL REPORT 2009 introduction of good cemetery practices prior to any adoption of a re-use regime.
MBCOL believe that good cemetery practices can be formulated in the manner indicated
earlier in that guidelines can be drawn up by a National Burial Authority and a locally
appointed Burial Board working with the local authority implementing them.
Q33: The Government would welcome views on: whether there is a need for additional regulatory
arrangements before any reuse schemes might be introduced; what such arrangements might
require (for example, regular inspection of cemeteries to assess general compliance with burial
legislation or one-off inspections to determine suitability or competence to operate a re-use
scheme); whether they might need to cover all burial bodies (including churches and private
cemetery owners); and how best they might be put in place (for example, a new Government
inspectorate, self-regulation, or the development of other regulatory bodies for the purpose).
MBCOL would refer to the response given earlier with the suggestion of the development of a
National Burial Authority working with a locally appointed Burial Board with the local
authority.
Q34: The Government proposes that, were it to be persuaded that the re-use of graves should be
established, it would be right to leave decisions about whether to use such graves entirely to the
individuals and families concerned. However, it would seem appropriate to ensure that the public
was properly informed about the nature of any grave or grave space that might be purchased, both
as to the fact that the grave had been previously used, and that it would be expected to be re-used
again in due course. It would also be important to ensure that information about the availability of
any virgin burial facilities was also provided in response to enquiry's or applications to purchase a
grave.
MBCOL believe that for the future development and sustainability of limited resources the reuse of graves should be something that needs to be managed, explored and if possible to be
established. However the decisions about whether such graves are to be re-used should be left
to individuals and families concerned. MBCOL hope that there will be an understanding of the
rationale which hopefully would lead people to be more willing to agree to a re-use.
Q35: Should the practice of closing Church of England churchyards which are full by Order in
Council be changed? If so, in what circumstances should decisions be made? Where a churchyard
is full, on what criteria should it be decided whether it should be closed or provision made for
reuse? In particular, what weight should be attached to the importance of the churchyard as an
open space and the conservation of its character, including existing monuments? Should there be
a procedure for declaring a churchyard full without formally closing it, so that special steps may
be taken for its future use? Where a churchyard is full, should the Church of England and
Church in Wales authorities be given statutory power to require the relevant local authority to
provide for the cost of preparing the ground for reuse? Should there be provision for reopening
closed churchyards at the request of the church authorities? If so, in what circumstances should
such decisions be made and on what criteria?
61
MBCOL ANNUAL REPORT 2009 MBCOL believes that statutory changes would mean that Church of England church yards
would have to be subject to the statutory regulations that MBCOL envisage and that this land
would have to come under the control of the proposed National Burial Authority.
Q36: To what extent should special provision be made on theological, pastoral or other grounds
for the reuse for burials of land, which has been consecrated for Christian burials by the Church
of England or Church in Wales but which is part of a municipal or private cemetery rather than a
churchyard, or for reuse of land set aside for burials according to any other particular religious
tradition?
MBCOL believe that the issue of re-use for burials of land which has been consecrated by
other faiths is not necessarily an obstacle so long as there is agreement between the various
sections of the faith community that such re-use would be acceptable in accordance with faith
and belief. The point that MBCOL would make on this issue is that it will insist on separate
sections of land devoted for the burial of Muslims and that Muslims are not to be buried
alongside non-Muslims. This is a requirement of Muslim law. The cemetery at Saffron Hill in
Leicester is divided along such lines whereby Muslims are buried in separate sections from
other non-Muslims.
Q37: The Government takes the view that unauthorised disturbances of human remains is, and
should remain, a serious matter, that there is a continuing need for buried remains to be protected
within the criminal law, and that there is widespread public support for such protection. Views on
whether the re-use of graves would be likely to undermine respect for the dead and, if so,
suggestions as to how this might be mitigated would be welcome.
MBCOL shares the view that the government express that unauthorised disturbances is a
serious matter and should give rise to criminal liability and does undermine the rights of the
dead and indeed the rights of those living who are direct relatives.
__________
Summary – This consultation took place in January 2004. In our elaborate response, we expressed
support for:
•
A single statute to establish the broad framework in which burial at grounds should operate.
•
A broad framework encompassing planning issues and in particular the Town and Country
Planning Act and Local authorities being given delegated powers to provide appropriate
resources in relation to the provision of burial grounds. This should be a provision to all
people that live, reside and work within their authoritative areas.
•
A statutory obligation to provide adequate burial facilities on local authorities but allowing
them the freedom to choose how to provide this to meet the needs of their respective
communities.
•
Achievement of the diversity goal at local authority level, citing the relationship between
62
MBCOL ANNUAL REPORT 2009 Leicester City Council and MBCOL as a primary example of how this can be replicated
nationally.
•
A multi-faith burial board in each locality and a national burial board to oversee these boards
nationwide, and to set minimum standards of burial processes, undertake inspections and
regulate the exhumation process. This would be both a cost-effective method of ensuring
diversity within burial activity.
•
Collection of relevant information and data to ensure that statutory obligations are being met.
•
A dedicated tribunal or body to receive complaints and grievances, in which all rights of
appeal are to be referred to Her Majesty's Coroner; and further appeal would then be by
judicial review to the High Court.
•
A statutory duty to bury or cremate upon the next of kin. In the event of the deceased not
having any immediate family, MBCOL believe that the obligation should then fall upon the
local authority. Any such burial shall be in accordance with the deceased’s faith.
•
The government’s belief as to the right to continue to protect buried human remains from
unauthorised disturbance.
•
Locally-derived policies for exhumation of old graves and disturbance of human remains.
•
An open-ended time limit for disturbance of burial grounds.
•
Scientific research into an appropriate timeline for such disturbance.
•
Two-level burial in the soil where accepted by local communities and faith groups.
•
Local consultation on the issue of re-use of graves to develop long-term policy.
•
Criminal liability in cases of unauthorised disturbance of human remains.
•
We feel that the wide-ranging issues that this consultation has included have allowed us to
demonstrate the breadth and depth of our knowledge and expertise in this area.
63
MBCOL ANNUAL REPORT 2009 2.6 Other Consultations Local - MBCOL works in partnership with the following agencies: Leicester City Council,
Leicestershire County Council, Borough of Oadby & Wigston Council, University Hospitals of
Leicestershire NHS Trust, BUPA Hospital, East Midlands Ambulance Service, City and County
Registrars Offices, HM Coroners and Leicestershire Constabulary as well as other voluntary sector
groups and organisations. We have been able to cultivate these relationships through our annual
networking events. In the past our keynote speakers for these events have included the former
Secretary of State for Health Rt. Hon Patricia Hewitt MP and Sir Peter Soulsby MP.
International - Another major achievement for MBCOL has been its standing and recognition by
authorities and bodies European level. The following lists the countries where MBCOL has made
contact:
•
Germany
•
France
•
Sweden
•
Norway
•
Holland
•
USA
•
Canada
•
Australia
•
India
It has to be noted that every piece of work the MBCOL does adds immeasurable value to Leicester
City Council and its other partners in terms of good practice and publicity.
Summary - MBCOL is recognised and consulted by the Muslim Council of Britain (MCB) and the
Home Office as the lead authority on Muslim burials and other related issues. MBCOL has thus been
involved in consultation programs with local and central governmental departments, and has gained a
reputation internationally as a result of such activity. We believe that some of the keys to our success
include the following:
•
Well established and first point of contact for the Muslim community as a whole
•
Provision of out of hours services
•
Provision of information, help and assistance relating to interment
•
Close and unique working relationship with Leicester City Council
64
MBCOL ANNUAL REPORT 2009 •
Involved with consultation programs with local and central government departments
•
Established partnerships and recognition from a number of organisations
•
Recognised nationally as provider of key burial services to the Muslim community
•
Effective organisational structure and support, founded upon dedication of management
and volunteers and their ability to communicate and interact with the community. These
include directors from the business community along with solicitors who provide their
services without remuneration.
•
A cooperative work environment and low overheads
•
Provider of a unique and invaluable service to the Muslim community
2.7 Achievements MBCOL is recognised and consulted by the Muslim Council of Britain (MCB) and the Home Office
as the lead authority on Muslim burials and other related issues. MBCOL has thus been involved in
consultation programs with local and central governmental departments. Some of this work is
documented through a Home Office paper on “Burial Law and Policy in the 21st Century”. Other
consultative input has been in relation to death registration, burial grounds, Coroner procedural
reforms, burial systems, memorial safety and other matters related to death.
Another major achievement for MBCOL has been its standing and recognition by authorities and
bodies on a national and further at European level. The following are cities where MBCOL has made
contact:
•
Batley
•
Burnley
•
Blackburn
•
Bolton
•
Dewsbury
•
London
•
Manchester
•
Northampton
•
Pendle
•
Peterborough
•
Walsall
It has to be noted that every piece of work the MBCOL does adds immeasurable value to Leicester
City Council and its other partners in terms of good practice and publicity.
A further achievement is the makeup of the MBCOL Board. Members are derived from the business
community, the Legal profession and experienced community workers. This balance has taken
MBCOL to its current standing and will continue to benefit the organisation even further as it faces
the challenges of a Muslim population of over 50,000 and increasing.
65
MBCOL ANNUAL REPORT 2009 MBCOL is a non sectarian organisation, which is able to draw its membership from the various
Muslim community organisations and most importantly from every Mosque in Leicester. This unique
achievement means that MBCOL is able to access the majority of the Muslim community of
Leicester.
2.8 Increasing Demands and Obligations MBCOL is looking to provide a Centralised Funeral Service which has the support of the
community, its principal funding body, Leicester City Council, local councillors, the Police
Authority and others to enable it to deal with the demand for the future. A centralised service will
allow the Muslim community to access interment services under one roof. Other than the necessary
interment provisions the facility will also incorporate training facilities, a bereavement counselling
service and a resource.
2.9 Keys to Success MBCOL’s keys to success include:
•
Well established and first point of contact for the Muslim community as a whole
•
Provision of out of hours services
•
Provision of information, help and assistance relating to interment
•
Close and unique working relationship with Leicester City Council
•
Involved with consultation programs with local and central government departments
•
Established partnerships and recognition from a number of organisations
•
Recognised nationally as provider of key burial services to the Muslim community
•
Effective organisational structure and support, founded upon dedication of management
and volunteers and their ability to communicate and interact with the community. These
include directors from the business community along with solicitors who provide their
services without remuneration.
•
A cooperative work environment and low overheads
•
Provider of a unique and invaluable service to the Muslim community
66
MBCOL ANNUAL REPORT 2009 3. MBCOL – Building Bridges with Other Faiths We use the word “Muslim” in our name but we embrace inter faith initiatives as we see the wider
vision and purpose of MBCOL. We recognise that if we are to genuinely commit ourselves to
working with people of other faiths and none, we have to proactively engage with all people.
We have had the benefit of Riaz Ravat who was the author behind the ground breaking report
“Embracing the present, planning the future” in 2004. This set out a blueprint for how faith
communities could become more engaged in delivering social action which has a strong inter faith
element. MBCOL was cited in this report and fully supported the report’s recommendations.
“The Muslim Burial Council of Leicestershire (MBCOL) is a beacon example of a single faith
service which addresses the religious needs of the Muslim community” – Embracing the present,
planning the future
Our pioneering publication, ‘Guidelines on death and burial of a Muslim’ has formed the basis of our
commitment to inter faith action. The book received considerable praise in all quarters including the
Faith & Cohesion Unit of the Home Office, Leicestershire Constabulary, Leicester City Council and
Leicester Council of Faiths whose report ‘Life Views’ stressed the need for accessible multi faith
information to be made available particularly around bereavement.
Instead of producing a revised second version of the book, we now intend produce the UK’s first
ever multi faith bereavement book which will contain information from different faith communities
(Baha’i, Buddhism, Christianity, Hinduism, Islam, Jainism, Judaism and Sikhism) and those of no
faith e.g. Humanist.
This proposed publication will help to ease some of the difficulties experienced by communities at a
very sensitive time by providing them with guidance and support about what they need to do after
they have lost a loved one. It should bring about greater awareness amongst service providers and
employers about the various faith based practical needs.
We hope that this publication will be a key instrument in building bridges of understanding. It will be
a testament to our ability to build and to maintain the relationships between our diverse communities.
This is the area where MBCOL has excelled. In 2008 we held a meeting with representatives from
the Hindu community following their request for support. The meeting discussed several models for
creating a holistic cremation service for Hindus in Leicestershire by learning about the history and
functions of MBCOL.
In addition in October 2008, we were approached by a Hindu Priest in relation to how MBCOL could
support Hindu families to secure quick cremations as many families were becoming distressed by the
length of time it took from death to cremation. In September 2008, MBCOL began talks with Asian
Christian volunteers about a similar matter. The concern expressed by the Asian Christian
community was over the time delay from death to burial and their wish for this to be reduced.
MBCOL is continuing to work with both communities.
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MBCOL ANNUAL REPORT 2009 In August 2008, we had presence and participated in the East Midlands Ambulance Service’s
Religion & Belief Summit. We had contributed to the practical and religious considerations that
should be taken into account when paramedics arrive at an incident.
MBCOL has been and continues to be an active player in relation to emergency planning. We
worked with the local resilience group and participated in a series of exercises looking at the impact
of mass fatalities during an emergency such as a terror attack, bird flu or a major event that would
result in major casualties and fatalities.
This part of our work has involved in our supportive work with Refugee Action to address the issue
of death and bereavement affecting our newly settled and unsettled communities.
MBCOL is not only committed to working across faith communities but also across borders both
within and beyond the shores of the UK. We have hosted many visitors from other countries to give
guidance and to adopt our unique good practice model.
The St Philip’s Centre for study and engagement in a multi faith society has provided MBCOL with
an excellent platform to bring about greater understanding with public sector organisations. The
Centre provides education and training to organisations including Leicestershire Constabulary,
Leicestershire County Council and staff working in care and residential settings. MBCOL is one of
the contributing partner in this area.
MBCOL has and still delivers training programmes at the Markfield Institute of Higher Education on
hospital / prison chaplaincy work.
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MBCOL ANNUAL REPORT 2009 4. MBCOL Finance 4.1 Funding History MBCOL’s funding relationship with Leicester City Council is unique in that it was agreed through a
contractual and legally binding Agreement that funding by the Council would be provided to
MBCOL on a year by year basis where a figure, according to need, would be negotiated for each
financial year. The figure negotiated would be referable to the amount of work that the MBCOL
undertook and was not discretionary or made as a capacity building exercise but is mandatory in
accordance with the constitution of MBCOL which was in effect at the time of the pre contractual
negotiations. The payment to MBCOL is a contractual entitlement pursuant to a legally binding
agreement which has been acted upon to the reliance of both parties.
MBCOL has, over the past few years, diversified and expanded meeting new challenges in the field.
It is therefore looking at the funding it receives in order to meet these challenges and enhancements.
4.2 MBCOL – Company Limited by Guarantee The Trustees having recognised the risks and liabilities open to them through the increased and more
diverse work that was being done by MBCOL and they opted to incorporate the organisation by
guarantee pursuant to legal advice. This was done on 30th March 2005, Company Registration
Number 5406938.
4.3 Population Changes Leicester faces tremendous population challenges today and will continue to do so in the coming
years. The Muslim population alone has increased over the last few years from just under 31,000 to
an estimated 51,000 mainly due to an influx of around 16,000 from the African communities,
particularly Somalia. The following data shows graphically the population changes over the last few
years.
MBCOL recognises this
development and realises
the demands that will be
placed on it in the very near
future and it is working
tirelessly to meet them. It is
well known and publicised
accordingly that Leicester is
soon to become the first city
in the UK where the
minority groups will outnumber the indigenous population and within the minority groups the
Muslim community will undoubtedly be the largest.
MBCOL feels that every effort should be made to strategically plan for this future development in
terms of having the necessary systems and structures in place to cope with the various demands that
are likely to be placed on our services. This issue surrounding capacity building for the inevitable
population increases of the future has already been discussed at various levels with the Coronial and
69
MBCOL ANNUAL REPORT 2009 Registrations Services and
also
including
the
Leicestershire Constabulary.
The discussions surrounding
the Coronial service for
Leicester recommended the
need for a full time
Coroners
post.
This
recommendation
was
evidence based on local data
compared to data obtained from the regional counties.
4.4 Meeting Present and Future Demands MBCOL’s core function is the provision of an out of hour’s burial service. The service allows for
funerals that take place after 2.30pm Monday to Friday, at weekends and on Bank Holidays. Funerals
within the Muslim community generally take place during the afternoons. The reason for this is that
the logistics and processes involved up to the point of burial take several hours to complete. The
second is that the first daylight congregational prayer time is the afternoon prayer, being around
1.30pm. This is therefore the first opportune time the family of the deceased has to inform the wider
Muslim community of the funeral arrangements.
MBCOL has, over the past few years, noticed a
small yet steady increase in demand for out of
hour’s burials, more especially with the recent
influx of new Muslim communities to Leicester.
This increase further adds to the difficulties and
pressures already faced by MBCOL in terms of
language and culture. In an effort to address the
concerns regarding service accessibility and
provision to the recent additions to our
community MBCOL invited members from
within these minority communities to become
co-opted members in an advisory capacity with a view to then migrate on to the Board itself. The
elections held at our Annual General Meeting on 15th June 2008 resulted in the election of 3 new
Trustees. The newly elected Trustees reflect diversity and now give the MBCOL board a far greater
spread of expertise and more importantly is representative of the many communities that it serves.
MBCOL believes that this increase in demand will
continue. The following data for the past six months shows
this increase in demand, figures become more noticeable
when compared to data for the same period last year.
This continued increase in demand for MBCOL’s services
will undoubtedly require additional resources channelled
into the organisations if it is to adequately maintain current
service levels.
70
MBCOL ANNUAL REPORT 2009 One of the other aims and objectives outlined within the MBCOL constitution is the advancement
and education of the public in relation to Muslim burial practices. This objective which formed part
of the pre contractual negotiations with the City Council has been vigorously pursued over the years.
It has been the initiative behind the MBCOL handbook “Guidelines on Death and Burial of a
Muslim” and other smaller publications. It has also been the motive behind the training MBCOL
provides for the Police and nursing staff at Leicester’s main hospitals and more recently the M A
course at the St Phillips Centre and the current ongoing work on the eight faith book on burial. Other
documented work has already been mentioned in this document. It has to be noted that every piece of
work the MBCOL does is carried out in accordance with the contractual obligations of both parties
and adds immeasurable value to Leicester City Council in terms of good practice and publicity.
4.5 Cultural Changes MBCOL has identified the benefits and seized to opportunity over the last two years to engage with
the other faith communities within Leicester as part of its contractual duties. A clear example of this
can be seen in our current work with developing an eight faith book on bereavement, as mentioned
earlier and regularly meeting representatives of other faith groups. This also fits in well with the
Leicester City Councils community cohesion agenda. This interfaith initiative MBCOL has
undertaken is extremely important in creating awareness about the sensitivities of the various faiths
with regards to the dying and the deceased and its absence would have a negative impact in the way
the communities engage, interact and regenerate.
4.6 Achievements A major achievement for MBCOL has been its standing and recognition by authorities and bodies on
a national and further at European level. MBCOL is recognised and consulted by many umbrella
organisations at a national level including the Home Office as the lead authority on Muslim burials
and other related issues. This work is documented through the various consultations MBCOL has
been involved in.
A further achievement is the makeup of the MBCOL Board. Members are derived from the business
community, the Legal and Medical professions and experienced community workers. This balance
has taken MBCOL to its current standing and will continue to drive the organisation even further.
Finally as MBCOL is a non sectarian organisation it is able to draw its membership from the various
Muslim community organisations and most importantly from every Mosque in Leicester. This unique
achievement means that MBCOL is able to access the majority of the Muslim community of
Leicester.
As an organisation MBCOL stands as an elected body which represents the whole Muslim
community. One that is transparent as it is accountable to the wider Muslim community and to its
funding authority.
4.7 Funding Plan The attached Budget Forecast (Appendix 1 (omitted)) has been prepared in accordance with our
funding relationship with Leicester City Council and as agreed through a contractual binding
agreement.
71
MBCOL ANNUAL REPORT 2009 As agreed, the Leicester City Council would provide funding to MBCOL on a year by year basis
where a figure, according to need, would be agreed for each financial year. The payment to MBCOL
is a contractual entitlement pursuant to a legally binding agreement which has been acted upon to the
reliance of both parties.
MBCOL is a small organisation of Trustees and one full time member of staff. Our banking and
income is set out whereby the income is made up of interment fees and income from Leicester city
council. The bulk of MBCOL’s income is from its receipt of the interment fee. That is the fee
received for each out of hour’s funeral MBCOL facilitates. Generally these are funerals after 2.30pm
between Monday to Friday including the funeral services provided over the weekends and Bank
Holidays. These amounts combined are utilised in total for the matters set out in the attached forecast
and I also refer to the forecast for the previous year. On that basis, all of the interment fees are used
to fund all of the items listed in the forecast
The interment fees, on their own, are insufficient for the total running costs hence the agreement
between Leicester City Council and MBCOL regarding funding.
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MBCOL ANNUAL REPORT 2009 5. Conclusion We believe that MBCOL is a pioneer in the work it does and has a key role to play in delivering innovative, unique, culturally sensitive and cost effective programmes in our community. This is even
more significant when one considers the effort made by our volunteers without whom, our achievements would not be possible. The future of our work will also be dependent upon an increase in resourcing support and future financial support.
The importance of our work needs to be appreciated within the legal and historical context. Our development has enabled us to deliver key and valuable contributions on various consultations on the
many issues in our area of work. We have been enabled to develop models of good practice and our
publications have added to the greater understanding of the many issues and contributions to the social cohesion agenda.
Our funding strategy has been managed and controlled carefully in order to give best value.
We have major ambitions for our future. The international dimension to our work has resulted in
MBCOL exploring the possibility of obtaining non-governmental (NGO) status. This would put us
firmly on the world map as a leading expert in this line of work and enable us to share our experiences with the UK’s partners in the Commonwealth and beyond. We are committed to providing
high quality training for public sector organisations. We will therefore develop materials to facilitate
this very important task. Our dedication to working with other faiths is deep. The multi faith handbook is only one aspect to our inter faith commitment. These relationships need to be solidified
through other projects or opportunities which we will continue to work towards.
It is an agenda for empowerment that reaches right across the board, from supporting people who
want to take an active role in their communities”.... “the chance to get more involved in key public
service” - Rt. Hon. Gordon Brown MP, (“Communities in control - Real People Real Power” –
Communities and Local Government July 2008)
Our work has been recognised locally, nationally and internationally. We have been able to forge and
maintain good working relationships with our key partners which include the Leicester City Council.
In this respect MBCOL has contributed to the diversity agenda and also maintaining social cohesion
and stability amongst our various faith and non faith communities. This contribution is crucial at this
moment in our ever evolving communities.
73
MBCOL ANNUAL REPORT 2009 6. Acknowledgments by the Chairman I am extremely grateful for the input, support and encouragement given by the Board of Trustees during the preparation of this document. I also take this opportunity to especially thank our Legal Advisor Faizal Essat, my fellow Trustees Dr Rashed Akhtar and Rafique Patel, our Treasurer and our advisor Riaz Ravat, all of whom worked tirelessly in its preparation.
The Muslim Burial Council plays a pivotal & crucial role in providing essential out of hour’s bereavement services. This has only been possible through the support of its member organisations and
more importantly through the support of its main partner, the Leicester City Council.
The Leicester City Council has been instrumental in assisting MBCOL in the establishment of a
‘primary-amenity’ and the provision of an “after office-hours” burial service”. Other agencies such as
the Registrar of Births Deaths and Marriages, The Coroner and his officers, The University Hospitals
NHS Trust and The Leicestershire Constabulary also play an important role.
“A vibrant participatory democracy should strengthen our representative democracy. The third sector- through charities, voluntary organisations....” - (“Communities in control - Real People Real
Power” – Communities and Local Government July 2008)
I sincerely hope that the full potential of the Burial Council is realised and taken benefit from. It has
pioneered systems and services that have been recognised by many as “best Practice” locally, nationally and in Europe. Leicester can be proud of the achievements of the Burial Council, a flagship organisation which is a beacon of innovation and resource for all communities.
Suleman Nagdi MBE JP DL
Chairman
October 2008
Muslim Burial Council Of Leicestershire
394 East Park Road
Leicester LE5 5HH
T: 0116 273 0141
E: [email protected]
W: www.mbcol.org.uk
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