(CNN) Domineque Ray wants an imam by his side when the state of Alabama puts the murderer to death.

But Alabama's policy is to have a Christian chaplain in the room, who often kneels next to the death row prisoner and will pray with the inmate if asked.

Dominique Ray was convicted in 1999 of raping and killing a 15-year-old girl. He also was connected to two other killings.

Ray and his attorneys feel his religious rights have been violated and have taken their case to court, getting a stay of the execution that is scheduled for Thursday.

"If Mr. Ray were non-Catholic Christian, he would have a spiritual adviser of faith," attorney Spencer Hahn said Wednesday. "... Because he happens to be Muslim, just as if you were Buddhist, he is being treated differently than everybody else, purely because of his religion."

They have petitioned the court to have the chaplain excluded from the room and for the imam to be there to give spiritual guidance and comfort.

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