Joseph Charazi was born in Israel and became resident in England. He died in 1993 and was buried in a Jewish cemetery in Cheshunt administered by the Adath Yisroel Burial Society. Mrs Charazi, who had subsequently moved to Israel, claimed that her husband's dying wish had been to be buried in Israel but that, at the time, she could not afford to comply with it. She now sought to exhume his remains for re-burial in Israel, with the intention of being buried next to him. The Burial Society had repeatedly refused consent to the exhumation and four of his six children opposed it. Mrs Charazi sought permission to apply for judicial review of the Burial Society's refusal. Counsel for the Burial Society said that there was deep concern about exhuming a body that had been buried for more than 20 years and that the Society was constitutionally bound to follow the rabbinate's decision that exhumation should not be permitted; moreover, the rabbinate was entitled to take into account the opposition of the four children. The application was dismissed. The Burial Society's refusal to permit the exhumation was a decision of a religious body on a religious matter of a kind that was generally not amenable to judicial review. Moreover, the claim was long out of time and there was no written evidence of the deceased's wish to be buried in Israel. [Frank Cranmer]
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