The All India Muslim Personal Law Board (AIMPLB) on Wednesday told the Supreme Court that entry of women into mosques for offering namaz is permissible. The board said that a Muslim woman is free to enter the mosque for prayers and it is her option to exercise her right to use the facilities available for prayers in the mosque.
The AIMPLB said this in an affidavit filed in the apex court, which is seized of a case related to the entry of Muslim women into a mosque for offering namaz. “It is submitted that the issues raised in this petition are not in the background of the state action. Religious practices in places of worship (which in this case are mosques) are purely private bodies regulated by the ‘muttawali’ of the mosques,” the affidavit filed through advocate M.R. Shamshad said.
One Farha Anwar Hussain Shaikh filed an application in the Supreme Court in 2020 seeking a direction that the alleged practice of banning Muslim women from entering mosques in India is illegal and unconstitutional. The lawsuit is likely to be heard by the Supreme Court in March.
The affidavit states that the AIMPLB, as a body of experts without any state powers, can only issue an advisory opinion based on Islamic principles.
It said that the AIMPLB and the apex court in this case cannot enter into the arena of detailed regulation of a religious place which is a completely privately administered entity for the religious practices of believers in a religion.
In view of the said religious texts, doctrines and religious beliefs of the followers of Islam, it is submitted that the entry of women into mosques for offering namaz in mosques is permitted.
The affidavit said “So a Muslim woman is free to enter the masjid (mosque) for prayers. It is her option to exercise her right to use the facilities available for prayers in the mosque, AIMPLB does not want to comment on any opposing religious views in this regard.
The affidavit states that Islam does not oblige Muslim women to join congregational prayers five times a day, nor is it obligatory for women to offer weekly Friday “Namaz” in congregation, although it is the case for Muslim men.
A Muslim woman has a different status because according to the doctrines of Islam, she is entitled to the same religious reward (sawab) for praying whether in the mosque or at home.
The affidavit states that there is no religious text that allows “free intermingling” of the sexes in any mosque.
“The An-Nabawi Mosque in Madinah is reported to have separate areas/chambers for men and women inside the mosque. In the area around the An-Nabawi Mosque, designated and separate areas are available for men and women with temporary barricades demarcating them,” it said.
The affidavit said that when it comes to performing namaz around the Kaaba in Makkah, there are temporary measures of placing barricades to ensure separation between male and female worshipers during prayer. “Prayer etiquette, especially no free mixing of the two sexes, is observed willingly, strictly and sincerely by all believers, whether male or female,” the statement said.
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