'Women Can Enter Mosques For Namaz, Cannot Insist On Main Door Entry': Muslim Law Board

The All India Muslim Personal Law Board (AIMPLB) on Friday told the Supreme Court that there is no restriction on Muslim women entering mosques to offer namaz, but said they cannot insist on entering through a particular door or seek removal of barriers separating men and women.

The submissions were made before a nine-judge Constitution Bench hearing issues arising from the Sabarimala reference.

Senior Advocate MR Shamshad, appearing for the AIMPLB, said Islam is a thoroughly written religion with clear and detailed guidance on what is forbidden, mandatory, and recommended. He submitted that religious practices under Islam are well classified and this structure must be properly understood while applying the ERP test.

Referring to the issue of women entering mosques, Shamshad said there is no dispute among Islamic denominations that Muslim women are permitted to enter mosques and offer prayers.

"There is no quarrel among religious denominations in Islam that women can enter mosques, and that too for prayer. But there is certain discipline that has to be followed," he told the bench.

He said that while Islam does not bar women from visiting mosques, they cannot insist on entering through the main door or demand the removal of physical barriers separating men and women inside mosques.

The submissions were made in the context of a writ petition seeking a declaration that women should be allowed to pray in mosques without restrictions.

Shamshad further told the court that since a mosque does not have a sanctum sanctorum, no individual can insist on standing at a particular place inside it or claim a right to lead prayers.

When Chief Justice of India Surya Kant asked whether women are allowed to enter mosques, Shamshad submitted that there is consensus across Islamic denominations that women are not restricted from entering mosques.

However, he added that there is also consensus that participation in congregational namaz is not essential for women.

Justice Ahsanuddin Amanullah observed that from the beginning there has been no dispute on women entering mosques and noted that the practice dates back to the time of the Prophet.

Shamshad agreed and said that the Prophet had clearly stated that women should not be stopped from coming to mosques.

He further submitted that while it is obligatory for men to participate in congregational prayers, it is not mandatory for women. According to him, it is preferable for women to pray at home, where they receive the same religious reward. However, if a woman chooses to go to a mosque, she is permitted to do so.

When Chief Justice Surya Kant asked whether women could be part of the congregation if they enter a mosque, Shamshad clarified that women do participate in congregational prayers when they attend mosques.

"Except that she can't be part of the congregation?" CJI asked. "No, they will be a part of the congregation. If they are going to a mosque, the purpose is to participate in the congregation, and that is permitted," Shamshad stated.

Shamshad added that it is "not preferable" for a woman to attend the congregation in the mosque.

During the hearing, Justice Amanullah remarked that one of the reasons cited historically was that if everyone went to the mosque, someone would have to stay back at home to take care of children.