Imam Mahmood Ahmad v. Kathleen Jennings, et. al.

UPDATE: January 13, 2026

The ACLU of Delaware has settled a lawsuit in the Federal District Court of Delaware on behalf of a Muslim Imam against the Delaware Board of Funeral Services (DBFS). The settlement will allow the Imam the right and ability to provide non-profit Islamic burial services without the requirement of obtaining a funeral director’s license or funeral establishment permit.

On June 21, 2024 the ACLU of Delaware filed a lawsuit on behalf of a Muslim Imam that has been unconstitutionally denied access to download and file death certificates and body transfer paperwork by the Delaware Board of Funeral Services (DBFS) because the Imam’s religious tenets prevent him from becoming a licensed funeral director in Delaware.

In order to become a licensed funeral director in our state, a person must complete a minimum of 25 embalmings as part of their study. However, because the Muslim faith considers embalming to be a desecration of the body, the Imam objects to this prerequisite of becoming a licensed Delaware funeral director.

The Plaintiff Imam applied for and was denied access to DelVERS to file death certificates and body transport paperwork. Instead, he has had to work with licensed Delaware funeral directors who oftentimes charge hundreds and sometimes thousands of dollars to file the simple paperwork needed. It typically only costs licensed funeral directors $25 to file a death certificate in Delaware.

Freedom to engage in religious practices is one of the core tenets of our First Amendment rights. The ACLU-DE is committed to making sure religious freedom is upheld in our state.