Summary of this article
AIMPLB said there is no ban on Muslim women entering mosques for prayer.
Women cannot insist on using the main entrance or removing partitions inside mosques.
The Board argued that congregational prayer is optional for women, though permitted if they attend.
While Islam does not prohibit Muslim women from visiting mosques to pray, they cannot insist on entering through the main entrance or demand the removal of partitions separating women from men, the All India Muslim Personal Law Board (AIMPLB) told the Supreme Court on Thursday.
Senior Advocate M.R. Shamshad, appearing for the Board, made the submissions before a nine-judge Constitution Bench hearing constitutional issues arising from the Sabarimala reference. The matter stems from petitions seeking a review of the Supreme Court’s 28 September 2018 judgment, which struck down age-based restrictions on women entering the Sabarimala temple in Kerala.
Shamshad said there was no disagreement among Islamic denominations regarding women being allowed to enter mosques and offer prayers. However, he added that certain rules and discipline must be observed. According to him, while women are free to attend mosques, they cannot demand access through a specific entrance or seek the removal of barriers separating male and female worshippers.
He further submitted that Islam is a religion with clearly defined principles setting out what is forbidden, obligatory and recommended, and argued that these distinctions should be properly understood when applying the Essential Religious Practices (ERP) test.
Referring to the petition seeking unrestricted access for women to pray in mosques, Shamshad told the court that since a mosque has no sanctum sanctorum, no person can insist on standing in a particular place inside it or claim an individual right to lead prayers.
When Chief Justice of India Surya Kant asked whether women were allowed to enter mosques, Shamshad replied that there was broad consensus across Islamic denominations that women were not barred from doing so. He added, however, that participation in congregational namaz is not considered essential for women.
Justice Ahsanuddin Amanullah observed that there had never been any dispute regarding women entering mosques and noted that the practice dated back to the time of the Prophet. Shamshad agreed, stating that the Prophet had expressly said women should not be prevented from attending mosques.
He also submitted that while congregational prayer is obligatory for men, it is not mandatory for women. According to him, women receive the same spiritual reward for praying at home, although they are fully permitted to attend a mosque if they choose.
When the Chief Justice asked whether women could join the congregation if they entered a mosque, Shamshad clarified that women who attend mosques do participate in congregational prayers. However, he added that it is generally considered preferable for women to pray at home rather than attend the congregation at the mosque.
During the hearing, Justice Amanullah remarked that one historical reason often cited was that if everyone attended the mosque, someone would need to remain at home to care for the children.
