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Feminism: Sex and gender discussions

Criticism of Islam is a protected belief

439 replies

theilltemperedmaggotintheheartofthelaw · 09/11/2025 21:32

https://www.dailymail.co.uk/news/article-15272771/Criticism-Islam-ruled-legally-protected-belief-man-banned-fined-thousands-pounds-social-media-posts.html

I wasn't able to find the judgment. There'll be a hearing in February but it's not clear to me whether claimant's beliefs have already been tested for Grainger compliance. Either way, the tribunal will (also) have to address objectionable manifestation (Bananarama doctrine).

I've raised it here because of the parallels with Forstater. It's a constant refrain of TRAs that permitting Forstater belief is tantamount to attacking GR as a protected characteristic. They do not understand secularism (or the SC ruling).

Of course the situation is not the same insofar as Islam has not been written into our law and Muslims don't expect the rest of us to follow its rules.

Article 9, anyone?

Criticism of Islam can be a legally protected belief, judge rules

Patrick Lee is pursuing a belief discrimination claim against the Institute and Faculty of Actuaries (IFoA) after it banned him and fined him nearly £23,000 last year over a series of tweets criticising Islam.

https://www.dailymail.co.uk/news/article-15272771/Criticism-Islam-ruled-legally-protected-belief-man-banned-fined-thousands-pounds-social-media-posts.html

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EasternStandard · 10/11/2025 07:35

GarlicHound · 09/11/2025 22:48

Definitions of 'phobia' against specific religions can't fly - they all think theirs is the only right way and judge the others' practices heretical. Considering heresy is a Very Bad Sin to the faithful, they'd all be guilty of 'phobia' .

Phobia is an odd way to describe criticism against a religion anyway.

oldtiredcyclist · 10/11/2025 07:33

I wonder how the law would treat my wife, who was brought up as a Muslim in Iran and is very critical of the religion (as I am of Catholicism) and the effect it had on her in 1979 and her subsequent departure from the country of her birth, for obvious reasons.

Bringemout · 10/11/2025 05:11

It’s reassuring and I’m glad it’s been tested in court to draw for clarity’s sake, but a bit annoyed that we have people having to go to the courts for what should be common sense. The people in these cases basically have to focus way too much of their own time, energy and money on confirming the obvious,

I always thought it was straightforward, you can be mean about any idea but if it results in you harassing an individual or group of people or inciting violence then you have crossed the line.

IwantToRetire · 10/11/2025 01:46

caringcarer · 09/11/2025 23:29

How can it be possible to stop someone having a belief? Who would police our thoughts and beliefs? Providing people do not descriminate or behave in ways that are unlawful does it really matter?

I think that's the issue.

We can all have beliefs but dont have the right to impose them on anyone.

We all have the right to criticise a belief system, but dont have the right to then behave in a discriminatory or violent way towards someone because they have beliefs you dont share.

However, as with everything the moment politicians get hold of this sort of nuance any hope of a reasoned and balance behaviour goes out of the window.

Although for most of us the most obvious example are TRAs, many of whom aren't trans but have weaponised the issue so as to attack women and women's sex based rights.

Would be interesting to know where the courts would draw the line between reasonable criticism and hatred. But as we know even if a TRA calls out from a platform for violence against women, a male judge will just say not to take it seriously.

Toutafait · 10/11/2025 01:38

You should be okay if you just hold a belief and never express it to anyone, even within your own home.

Childrenofthestones · 09/11/2025 23:54

"Who would police our thoughts and beliefs?"

Never forget, Posie had a policeman at her door saying he wanted to check her thinking

caringcarer · 09/11/2025 23:29

How can it be possible to stop someone having a belief? Who would police our thoughts and beliefs? Providing people do not descriminate or behave in ways that are unlawful does it really matter?

GarlicHound · 09/11/2025 22:48

Definitions of 'phobia' against specific religions can't fly - they all think theirs is the only right way and judge the others' practices heretical. Considering heresy is a Very Bad Sin to the faithful, they'd all be guilty of 'phobia' .

Imnobody4 · 09/11/2025 22:35

I think Labour's definition is dead in the water now, quite rightly. You can only be bigoted against individuals not ideas.

theilltemperedmaggotintheheartofthelaw · 09/11/2025 22:22

I wonder if the Judge has worked out that he'll be blundering all over Labour's plans. He'll need to work hard to get the nice Grainger compliant unobjectionable manifestation on one side of the line and all the nasty islamophobia on the other.

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Halfquarterbag · 09/11/2025 22:10

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BundleBoogie · 09/11/2025 21:52

Interesting news.

I wonder how that will sit with the governments’ apparent desire to outlaw ‘Islamophobia’ with a definition that precludes anyone ‘targeting expressions of Muslimness’?

I can think of a few apparent ‘expressions of Muslimness’ that need targeting.

From the website:

  1. There is no single agreed definition of Islamophobia, albeit various civic, social, legal and political sources have attempted to define it. One definition is the All Party Parliamentary Group on British Muslim’s definition (APPG). The APPG defines Islamophobia as:
“… rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness”.

https://labour.org.uk/resources/labours-islamophobia-policy/

Labour's Islamophobia Policy – The Labour Party

Code of Conduct Introduction 1. The NEC will view any acts of discrimination, prejudice or hostility based on religion or race as prejudicial and grossly detrimental to the Labour Party and its interests. Chapter 2, clause I.8 of the Labour Party Rule...

https://labour.org.uk/resources/labours-islamophobia-policy/

IwantToRetire · 09/11/2025 21:45

Hasn't this always been the case? ie that criticism of a religion is permitted, but the expression of it can be unacceptable eg

criticism of Judaism (or any religion) can be a protected "philosophical belief" under the Equality Act 2010, provided it meets specific legal criteria and does not cross the line into unlawful discrimination, harassment, or hate speech.

The key distinction is between holding a belief, which is an absolute right, and how that belief is manifested (expressed), which can be subject to limitations to protect the rights of others