Muslim man can not circumcise his sons without their permission, High Court judge rules

The man had argued it would be 'in the children's best interests to allow them to be circumcised'

(Getty Images)

A devout Muslim has failed to persuade a High Court judge to rule that his sons should be circumcised.

The man, who was born in Algeria but lives in England, argued that circumcision would be in accordance with his "Muslim practice and religious beliefs" - and in the youngsters' best interests.

But the boys' mother, who grew up in Devon and is separated from their father, disagreed.

Mrs Justice Roberts has refused to make a circumcision order after analysing argument at a family court hearing in Exeter, Devon.

She said it was better to defer a decision until the boys - aged six and four - reached a stage where they could make "individual choices".

The man had argued it would be "in the children's best interests to allow them to be circumcised" in accordance with his "Muslim practice and religious beliefs".

His former partner "opposes that course until such time as the children have reached an age where they are competent to give consent to such a procedure", the judge added.

"He is a devout Muslim and ... is committed to the principle of ensuring that, as part of their dual heritage, his two sons grow up as Muslims observing all the tenets and practices of that religion," said Mrs Justice Roberts.

"Just as the father is passionate in his cause and the reasons for circumcision, the mother is resolutely opposed to it at this point in time."

The judge said she had reached a "clear conclusion".

"First and foremost, this is a once and for all, irreversible procedure," she said.

"There is no guarantee that these boys will wish to continue to observe the Muslim faith with the devotion demonstrated by their father, although that may very well be their choice.

"They are still very young and there is no way of anticipating at this stage how the different influences in their respective parental homes will shape and guide their development over the coming years.

"I am deferring the decision to the point where each of the boys themselves will make their individual choices once they have the maturity and insight to appreciate the consequences and longer-term effects of the decisions which they reach.

"Part of that consideration will be any increase in the risks of surgery by the time they have reached puberty."

Historically, circumcision was promoted as a way of suppressing masturbation in young boys. It has also been claimed that it reduces penile cancer prevalence rates and chance of penile infections. For many Jewish and Muslim communities, the procedure is a fundamental part of their faith.

The procedure was common in the UK with 1 in 3 men undergoing the procedure prior to the establishment of the NHS in 1948. However, under the NHS, circumcision was deemed not medically necessary and therefore operation costs were not covered for patients. As a result, rates dropped dramatically and it is currently estimated that around 8.5 per cent of British men are circumcised.

Other countries have considerably higher rates, including the US where 75.5 per cent of adult males have been circumcised

PA