The All India Muslim Personal Law Board (AIMPLB) on Friday informed the Supreme Court that Islam does not prohibit Muslim women from entering mosques to offer Namaz. This submission was made before a nine-judge Constitution Bench examining issues arising from the Sabarimala reference. The board clarified that while entry is permitted, women cannot insist on entering through the main door or demand the removal of existing gender segregation arrangements within the mosques. This stance addresses the growing legal debate surrounding gender-based restrictions in religious places.

Senior advocate M.R. Shamshad, representing the AIMPLB, argued that Islam is a written religion with clear and detailed guidance on what is prohibited, mandatory, or recommended. He stated that there is no controversy among Islamic sects regarding the permission for women to enter mosques and offer prayers, but certain disciplines must be followed. These submissions were made during the hearing of a writ petition seeking a declaration that women should be allowed to offer prayers in mosques without any restrictions, emphasizing the structured nature of Islamic practices.

Responding to a query by Justice Surya Kant on whether women are allowed into mosques, Shamshad explained that a mosque does not have a ‘sanctum sanctorum’, so no individual can claim a right to stand in a specific spot or lead the prayers. He noted a consensus among Islamic denominations that there should be no barrier to women entering mosques. However, he also pointed out an equal consensus that while congregational prayer is mandatory for men, it is not an obligation for women, thus providing a nuanced view of religious requirements.

Justice Ahsanuddin Amanullah noted that the practice of women entering mosques has existed since the time of the Prophet, a point agreed upon by Shamshad. The counsel reiterated that the Prophet had explicitly stated that women should not be prevented from coming to mosques. While men must attend congregational prayers, women are encouraged to pray at home, where they receive the same religious rewards. Nevertheless, if a woman chooses to go to the mosque, the religion grants her the permission to do so, maintaining a balance between tradition and individual choice.

During the proceedings, Justice Amanullah observed that historical reasons, such as the necessity for someone to remain at home to care for children, have often influenced why women did not frequent mosques as much as men. When asked by Justice Surya Kant if women could join congregational prayers upon entering, Shamshad responded affirmatively. The AIMPLB’s detailed clarification aims to provide the court with a clear understanding of the theological framework of Islam regarding gender participation in congregational settings, distinguishing between mandatory duties and permitted rights.

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