Muslim women free to enter mosque for prayer: All India Muslim Personal Law Board to Supreme Court

A Muslim woman is free to enter a mosque to offer Namaz (prayers), the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court on Thursday [Farha Anwar Hussain Shaikh v Union of India]..In an affidavit filed through Advocate MR Shamshad, the AIMPLB took a categorical stand that entry of women into mosques for offering Namaz is permitted. “A Muslim woman is free to enter a Masjid (Mosque) for prayers. It is her option to exercise her right to avail such facilities as available for prayers in a Masjid,” said the affidavit. .The reply was filed in a Public Interest Litigation (PIL) petition to allow entry of Muslim women into mosques..In its counter-affidavit, the AIMPLB stated that the practices of religions in places of worship such as mosques are purely private actions regulated by Muttawalis and mosques. Therefore, the Court or AIMPLB could not look into making detailed arrangements in such a religious place, it was submitted.“The Answering Respondent, and 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 religion," the affidavit stated. While so, the issues raised in the petition not only pertained to the management of a religious place but also regulating activities connected with a religious place, the AIMPLB highlighted. .Nonetheless, AIMPLB proceeded to elaborate on the relevant Islamic practices, submitting that while Islam does not make it obligatory for Muslim women to pray five times a day or offer Friday Namaz in congregation, they are permitted to pray in the mosque. In fact, they have the option to choose to offer prayers either at a mosque or at their home. The reply detailed hadiths in support of this submission..It was also submitted that there is no religious text authorising the free intermingling of genders in any Masjid. Countering the petitioner's submissions on this aspect as misleading, the AIMPLB added that even in Mecca and Medina, arrangements have been made to provide separate spaces for women and men during prayer. The etiquettes of prayer, particularly with respect to no free-intermingling of men and women, are adhered to willingly, strictly, and sincerely by all worshippers, the affidavit stated further. The affidavit added that certain ritual practices in Mecca, such as tawaf, can only be performed at a designated place. As such, such practice is performed by both men and women in the same place. However, this does not mean that there is "free" inter-mixing of the sexes during the ceremony, the AIMPLB asserted. There are regulations in place to maintain the sanctity of the religious practices and the sites, it was submitted. .Finally, it was stated that a fatwa is an opinion based on religious texts and doctrines which have no statutory force. If a believer needs a fatwa, then delivering it cannot be restrained by a judicial order as this would be violative of an individual's freedom to religious belief, the AIMPLB contended..A similar stand had already been taken by the AIMPLB in response to another PIL on the same subject. .The issue regarding entry of women into Mosques is one of the questions expected to be considered by a nine-judge Constitution bench, along with other questions concerning women's rights vis-à-vis rights under Articles 25 and 26 of the Constitution.