© PTI photoThe petition argued that women could only offer prayers at mosques of the Jamaat-e-Islami and Mujahid denominations but were barred from mosques under the predominant Sunni denomination.
Islamic texts do not prohibit entry of women into mosques and all fatwas that contradict this tenet should be ignored, the All India Muslim Personal Law Board has told the Supreme Court in an affidavit.
The Muslim Personal Law Board said Muslim women were free to enter a mosque for prayers but underlined that it was not obligatory on women, unlike men, to offer Friday prayers in congregation.
The Board's affidavit came on a petition filed by a Maharashtra-based Muslim couple who asked the top court to declare prohibition on entry of women into mosques as illegal and unconstitutional.
".. such practices are not only repugnant to the basic dignity of a woman as an individual but is also violative of the fundamental rights," the petition had said.
Comment: AIMPLB doesn't seem to be happy with the courts intervention on religious matters.
The top court Tuesday said that its nine-judge Constitution bench would hear within 10 days questions related to entry of Muslim women into mosques, female genital mutilation in the Dawoodi Bohra Muslim community and barring of Parsi women, married to non-Parsi men, from the holy fire place at Agiary.
The AIMPLB contended that it is not appropriate for the top court to enter into questions of practices based upon religious beliefs.
The affidavit said that religious practices in Mosques are regulated by private bodies concerning its Muttawalis and the AIMPLB, being an expert body can only issue advisory opinion based on Islam.
"This court for that matter, cannot enter into the arena of detailed arrangements of a religious place, which is completely privately managed entity for religious practices of believers in particular religion," said the affidavit.
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"In case, if some believer of Islam is of the opinion that he/she needs religious opinion/fatwa, based upon interpretations of religious texts, then delivering of Fatwa on that issue cannot be restrained by judicial order of this Hon'ble Court as the same shall directly hit the right and freedom of religious belief of an individual," the affidavit said.
The petition argued that women could only offer prayers at mosques of the Jamaat-e-Islami and Mujahid denominations but were barred from mosques under the predominant Sunni denomination. And even if they are allowed, there are separate entrances and enclosures for them to worship.
The petition had drawn on the top court's Sabarimala verdict that ruled that religion could not be used as cover to deny rights of worship to women.
(SARCASM.)
RC