Telangana Highcourt's path breaking judgement on Muslim women entry in mosques
- IndiaGlitz, [Wednesday,December 13 2023]
The Telangana High Court has granted interim relief to women members of the Akhbari Sect of Shia Muslims, allowing them to conduct religious activities, including Majlis, Jashans, and prayers, in the Ibadat Khana (Worship hall) located in Dar-ul-Shifa, Hyderabad. Justice Nagesh Bheemapaka issued the order in response to a writ petition filed by Anjumane Alavi, Shia Imamia Ithna Ashari Akhbari Regd Society, challenging the restrictions imposed by the Mutawalli Committee of Ibaddad Khana Hussaini.
The petitioner, Asma Fatima, representing the Shia Imamia Ithna Ashari Akhbari Sect, argued that the property designated for the Ibadat Khana had been donated to the Waqf Board in 1953 and has been traditionally used for religious activities by both men and women of the Shia Muslim Sect. The petition highlighted the restrictive measures imposed by Capt Syed Hadi Sadiq, claiming to be the President of the Mutawalli Committee, who, in 2023, prohibited Shia women of the Akhbari Sect from organizing religious gatherings and prayers within the Ibadat Khana premises.
Despite Waqf Board proceedings in 2007 allowing women to conduct religious activities in the prayer hall, the Mutawalli Committee persisted in denying this right to Akhbari Sect women, creating a discriminatory situation. The petitioner brought to the court's attention that Shia Muslim women of the Usooli Sect were allowed to practice their religious rights in the same prayer hall, emphasizing the unjust differentiation.
The petitioner, having made representations to the Police and the Waqf Board without any redressal, approached the High Court seeking justice. The court, after hearing arguments presented by senior counsel P. Venugopal, granted interim orders in favor of the Akhbari Sect women. The matter has been scheduled for further hearing on 26.12.2023. The court underscored that there is no justifiable reason to prevent Shia Muslim women from conducting religious activities in the Ibadat Khana, emphasizing that the Mutawalli Committee lacks the authority to impose such restrictions.