The student has proved the right to visit a mosque during classes
The unprecedented decision was accepted by the Kirov district court of a city of Makhachkala under the claim of the student of faculty of law of local institute of the finance Rasul Aliev.
The pupil of high school has achieved the right instead of lectures during midday time to participate in obligatory for Moslems a Friday Mohammedan prayer.
The conflict has begun with refusal of one of teachers of institute to give the chance to Rasul Aliev to leave in a mosque on an hour per midday of Friday. He has explained the decision to that neither in the institute charter, nor in the personal contract of the pupil there is no point, obliging to release the student for religious practice fulfillment.
Aliev has in turn brought an action against the teacher. On process he has explained that is the believing person, and for adherents of Islam participation in a Friday collective prayer — in a mosque and together with coreligionists — concerns a religious duty. His position was confirmed with the presented conclusions of initial department of Spiritual steering of Moslems of Dagestan and an explanation of a mufti of republic of Ahmad-hadzhi Abdullaev.
The teacher has from his part brought into court the charter of institute, regulations, the sample of the contract of the student and the schedule of calls. He has explained that all these documents don’t allow to release students from employment.
However at removal of the decision the court was based on article 3 of the Federal law «About a freedom of worship and about religious associations» where it is told that the right realize ceremonies can to be limited only in the event that it harms to bases of the constitutional system and maintenance of defense of the country and safety of the state.
— Indispensable presence of the believing student on employment in high school isn’t included into this list, — the judge of Kirov district court Gadzhimagomed Gadzhimagomedov has explained, — therefore has been decided to recognize actions of the teacher illegal and to oblige him to release from Rasul Aliev’s employment and other students for fulfillment of a Friday prayer within all academic year.
Besides, from the teacher in favor of the claimant will collect nine thousand roubles on account of indemnification of moral harm.