Entry of women inside Mosques for prayer is permitted, AIMPLB tells Supreme Court

The All India Muslim Personal Law Board (AIMPLB) has filed an affidavit before the Supreme Court stating that entry of women inside Mosques for offering prayer is not disallowed. .Women are not only permitted to enter Mosques, but also have an option to offer their prayers either at Mosques or at home as regards the Friday prayers, the Board has submitted..The counter affidavit was filed in the PIL seeking permission for women to enter Mosques to offer prayers. The AIMPLB has stated in its affidavit that considering the Islamic religious texts, practices, and beliefs, it cannot be said that entry of women inside Mosque is not allowed..On the contrary, the Board submits, that women have an option whether to offer prayers at the Mosque using the facilities provided thereby or to offer prayers at home. Women are free to exercise their choice in this regard, the AIMPLB adds.."The present respondent [AIMPLB] has taken stand, as per Islamic texts, that entry of woman into Mosque for Namaz is permitted. Any other fatwa to this effect may be ignored."AIMPLB in its counter affidavit.As regards Friday prayers, the counter affidavit clarifies that the same is in the form of a congregation and is mandatory for men. While this exercise is not made mandatory for women, they do possess the right to make a choice between the home or the Masjid. The affidavit also mentions relevant Hadiths in support of this submission..The AIMPLB adds that if there are any Fatwas on the issue, the same cannot be restrained by judicial order as it would violate the freedom of religious belief. In this regard, the counter affidavit states,."... on the sanctity of Fatwa, it is submitted that it is an opinion based upon religious texts, doctrine and their interpretation and has no statutory force. In case, if some believer of Islam is of the opinion that he/she needs religious opinion/fatwa, based upon interpretations of religious texts, then delivering of Fatwa on that issue cannot be restrained by judicial order of this Hon’ble Court as the same shall directly hit the right and freedom of religious belief of an individual. Upon having received the opinion, it is for the follower of Islam, who seeks Fatwa, either to accept the same or not.".Entry of women in Mosques is one of the questions that is expected to be considered by a nine-Judge Constitution Bench along with other questions concerning rights of women, as opposed to Rights under Articles 25 and 26 of the Constitution..The Board, however, questions the propriety of judicial intervention in the matter concerning religious principles and beliefs. The questions regarding women's entry in Mosques is not a State action but is a religious practice regulated by Muttawalis which are private bodies, the Board submits. .This Hon’ble Court for that matter, cannot enter into the arena of detailed arrangements of a religious place, which is completely privately managed entity for religious practices of believers in particular religionAIMPLB in its counter affidavit.The PIL which sought entry of women in Mosques has been left pending till the Court adjudicates on the issues referred to a larger Bench in the Sabarimala matter. .[Read Counter Affidavit]