Women can enter mosques but cannot demand equal access: AIMPLB to SC
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New Delhi: The All India Muslim Personal Law Board informed the Supreme Court of India on Friday (April 24) that Muslim women are not prohibited from entering mosques, but they cannot demand access through the main entrance or seek the removal of gender-based partitions within the prayer space.
These submissions were made by senior advocate M. R. Shamshad before a nine-judge Constitution Bench led by Chief Justice of India Surya Kant. The AIMPLB clarified that, although women are allowed to enter mosques for prayers, their participation is subject to established religious norms and discipline.
According to reports, when the Chief Justice sought clarity on whether women are permitted entry into mosques, the counsel stated that there is broad agreement within the Muslim community that women can enter and pray, though certain practices and codes must be followed, The Wore reported.
Shamshad was said to have opposed any judicial direction requiring mosques to allow women entry through all entrances or to remove physical barriers separating men and women during prayers. He argued that while congregational prayers in mosques are obligatory for men, women are not bound by the same requirement and may choose whether to attend. He added that women can also pray at home and receive equivalent spiritual benefits.
Justice Ahsanuddin Amanullah reportedly observed that the distinction in obligations between men and women has historical roots, including traditional roles such as childcare, and noted that such practices have existed since the time of the Prophet. He also suggested that it should be clearly explained that there has never been a dispute regarding women’s right to enter mosques.
Justice B. V. Nagarathna was said to have sought clarification on whether attendance at congregational prayers is mandatory for women, to which the counsel agreed that it is not. He further cited teachings attributed to the Prophet that discourage preventing women from attending mosques, emphasising that historical religious texts record such instructions.
During the hearing, Justice Amanullah also asked for an explanation as to why mosque attendance is not compulsory for women. In response, the counsel reportedly pointed to practical considerations such as domestic responsibilities, while maintaining that women may attend if they have the time and ability, though questions remain about where they would stand within the prayer arrangement.
On the issue of unrestricted access, Shamshad argued that the petitioners were incorrectly equating mosque prayer spaces with the concept of a sanctum sanctorum in Hindu temples. He maintained that since mosques do not follow such a structure, individuals cannot insist on occupying a specific position or leading prayers.
The court is currently hearing a batch of petitions linked to constitutional questions arising from the Sabarimala judgment 2018. Among them is a public interest litigation filed by Yasmeen Zuber Ahmad and her husband, who challenged restrictions on women’s entry into mosques.
Their petition, which invokes constitutional provisions such as Articles 14, 15, 21, 25, and 29, seeks directions to allow women to enter mosques through any entrance, pray without gender-based separation, and participate in regular and special congregational prayers, including those held on Fridays and during Eid.