The Council of State rejected Thursday the request of the mosque of Paris to be able to leave open the mosques part of the night of May 8 to 9, particular night of Ramadan, on the grounds, in particular that "
the health situation remains worrying
".
Read also: The Paris mosque seizes the Council of State to obtain the opening of the mosques on the night of May 8
The rector of the Paris mosque demanded that places of worship be able to open from 9:00 p.m. to 2:00 a.m., during the curfew, the night of May 8 to 9, which corresponds to the "night
of fate
" in the month of Ramadan. This night "
constitutes an essential rite for Muslims, namely the celebration of the night during which the Koran was revealed to the prophet Mohammed (...) by the angel Gabriel
", argued Chems-eddine Hafiz, who had seized the highest administrative court after a first refusal of the Minister of the Interior. The Council of State justified its decision by the fact that "
the health situation remains worrying, with indicators still degraded and a rate of spread of the virus which remains high throughout the territory.
“, Says the institution, in a comment accompanying the decision.
Alternative measures put in place
The summary judge also noted that it is already possible for Muslims "
to participate collectively in religious ceremonies organized between 6 am and 7 pm
".
And that "
the Minister of the Interior has, for the period of Ramadan, authorized the opening of mosques from the first morning prayer
" (before 6 am).
He also notes that "
alternative measures have been put in place by many mosques to allow appropriate monitoring of believers
" for this night, in particular "
with a religious service by dematerialized means
".
Read also: Curfew and Ramadan: a tolerance granted for Muslims in certain departments
Another argument: "
it would be very difficult for the public authorities to ensure that all trips during the night of May 8 to 9, except for an overriding reason, are linked to the night of fate,
" says the Council of State.
Therefore, "
the impossibility of going to a place of worship during the curfew, including on the night of fate, does not constitute a manifestly disproportionate interference with the freedom of worship in view of the objective of protection. of public health,
”he concludes.
The fasting month of Ramadan began on April 13 and is due to end around May 13.
