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The All India Muslim Personal Law Board (AIMPLB) in an affidavit, told the Supreme Court on Wednesday, 29 January, that the entry of women into mosques is permitted, and that there is no restriction on men and women praying together.
The issuele. will also be taken up by nine-judge bench constituted to examine the legal question associated with the discrimination against women in connection with their entry into various religious places, which includes Sabarimala temp
The Board, in its response said, "The present respondent (AIMPLB) has taken a stand, as per Islamic texts, that entry of woman into mosque for namaz is permitted. Any other 'fatwa' to this effect may be ignored."
However, the Board also contended that the sanctity of 'fatwa' is an opinion based upon religious texts, doctrine and their interpretation and has no statutory force, and the court has no jurisdiction to restrain 'fatwa'.
In October 2019, the apex court had issued notice on the plea of Yasmeen Zuber Ahmad Peerzade and Zuber Ahmad Nazir Peerzade, who contended restrictions on entry of Muslim women in mosques across the country were unconstitutional and violates fundamental right to life, equality and gender justice.
The plea sought direction to the government authorities and Muslim bodies to allow entry of Muslim women into mosques to offer namaz there. The plea also contended that in mosques, where women are allowed, there should be no segregation – separate entry, exit or a separate praying area.
The Board said it does not want to comment on any contrary religious opinion to this effect.
However, it said the practice of religion on the places of worship are purely private bodies regulated by 'Muttawalis' of the Mosques. “We being body of experts, without any state powers, can only issue advisory opinion, based on Islam,” the AIMPLB said.
"The answering Respondent (AIMPLB), and 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 a particular religion", contended the Board.
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