Muslim women free to enter mosques for prayers, not appropriate for courts to question religious practices: AIMPLB to SC

Religious texts do not bar the entry of women in mosques and she is free to exercise her right to avail such facilities, the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court Wednesday.

In a response filed in the apex court regarding a PIL, the AIMPLB said Muslim women like men are permitted to enter mosques to offer prayers and any fatwa contradicting this can be ignored as they have no statutory force. 

The PIL has been filed by Yasmeen Zuber Ahmad Peerzade who has sought judicial intervention in ensuring entry of Muslim women in mosques. A nine-judge Constitution bench headed by Chief Justice SA Bobde is hearing the matter. 

"Considering the religious texts, doctrine and religious belief of the followers of Islam, it is submitted that entry of women in the Mosque for offering prayer/ Namaz, inside the Mosque, is permitted. Thus, a Muslim woman is free to enter Masjid for prayers. It is her option to exercise her right to avail such facilities as available for prayers in Masjid," the AIMPLB said in its affidavit.

The affidavit has been filed by Mohammed Fazlurrahim, Secretary of AIMPLB, through lawyer MR Shamshad.

"The All India Muslim Personal Law Board does not want to comment on any contrary religious opinion to this effect," it said. 

The affidavit added that it is not obligatory on Muslim women to join congregational prayer in mosques nor is it obligatory for women to offer Friday Namaz in a congregation as it is on Muslim men.

"The Muslim woman is differently placed because as per doctrines of Islam she is entitled to the same religious reward (Sawab) for praying as per her option either in Masjid or at home," it said.

The Supreme Court bench which is dealing with several legal and constitutional issues relating to discrimination against women in various religions and at religious places including Kerala's Sabarimala Temple has said it will hear the matter of entry of women into mosques within 10 days.

The court is also hearing matters related to female genital mutilation in the Dawoodi Bohra Muslim community and barring of Parsi women, married to non-Parsi men, from the fire temple or Agiary.

The AIMPLB has argued in its reply that it is not appropriate for the court to enter into questions of practices based upon religious beliefs.

"This 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 religion," it said.

"The extent to which the court can enquire into the issue of a particular practice is an integral part of the religion or religious practice of a particular religious denomination or should that be left exclusively to be determined by the head of the section of the religious group," the affidavit said.

The board said that it is for the followers of Islam to accept a fatwa or not and they have no statutory force.

"Upon having received the opinion, it is for the follower of Islam, who seeks Fatwa, either to accept the same or not. However, 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," it said. 

"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," the affidavit added.