PETITION FILED IN SUPREME COURT TO ALLOW MUSLIM WOMEN TO OFFER ‘NAMAZ’ INSIDE MOSQUES
Petition filed in Supreme Court to allow
Muslim women to offer ‘namaz’ inside mosques
April 15, 2019:
On Monday, petition
was filed in the Supreme Court pleading that Muslim women should be allowed to
enter and offer namaz inside mosques.
Moving
the petition, a Muslim couple asked the Apex Court to declare the prohibition
on entry of women inside mosques in the country as “illegal
and unconstitutional”as it violated the fundamental rights
guaranteed under the Constitution.
Pointing
out that there was no mention of any gender segregation in either Quran or
Hadith, the couple’s counsel Ashutosh Dubey said: “….such practices are not
only repugnant to the basic dignity of a woman as an individual, but also
violative of their fundamental rights…”
The
petition has arraigned the Union Government, the Ministry of Minority Affairs,
the Central Wakf Council, the Maharashtra State Board of Wakfs and All India
Muslim Personal Law Board as parties to the case.
The
petitioners said that there were no records stating that the Quran and Prophet
Muhammad opposed women entering mosques and offering prayers, and in fact men
and women have equal constitutional rights to worship, according to their
beliefs.
At
present, women are allowed to offer prayers at mosques under the
Jamaat-e-Islami and Mujahid denominations but they are barred from mosques
under the predominant Sunni faction, said the petition.
The petition also mentioned that in mosques where women are
allowed, there are separate entrances and enclosures for worship for the two
genders.
The
petition said that there shouldn’t be any gender discrimination at all, and
that all Muslim women should be allowed to pray in all mosques, cutting across
denominations.
The
petition also alluded to the practice in Mecca, where “the faithful, both men
and women, together circumambulate the Kaaba”. Besides, most sacred mosques in
the world equally embrace both men and women, the petitioners said.
To
support their argument, the petitioners cited the recent Supreme Court
judgement allowing the entry of women in Kerala’s Sabarimala Temple.
“The
Hon’ble Court in the case of Sabraimala held that ‘religion cannot be used as
cover to deny rights of worship to women as it is against human dignity’.
Prohibition on women is due to non-religious reasons and it is a grim shadow of
discrimination going on for centuries,” the petitioners said.
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