Telangana High Court upholds right of Akhbari Shia sect women to offer prayers in Ibadat Khana

The Telangana High Court recently upheld the right of women from the Akhbari sect of Shia Muslims to offer prayers at the Ibadat Khana (a mosque for Shia Muslims) in Darulshifa, Hyderabad..In the July 25 ruling, Justice Nagesh Bheemapaka observed that the Quran does not contain any prohibition to prevent women from offering prayers at prayer halls. "Nowhere, in the Holy Book (Quran), the Almighty prohibited women from entering into prayer halls to offer their prayers. Chapter 2 Albakarah 222-223 makes it evident that except during a particular period which was given as 'rest period' for women by the Nature itself, there is no bar against women to offer prayers," the judgment stated. .The High Court also cited the Supreme Court's 2018 judgment in the Sabarimala case in which the top court had ruled that women of menstruating ages cannot be prohibited from entering the Sabarimala temple in Kerala."This Court observed that the issue is no more res integra in view of the judgment of the Larger Bench of the Hon’ble Supreme Court in Indian Young Lawyers Association and others (Sabarimala Temple, In Re) v. State of Kerala," the High Court said..Notably, the High Court also pointed out that women from another sect of Shia Muslims (Usooli Sect) were earlier permitted by the waqf board to offer prayers at the mosque, going by proceedings from 2007. The Court opined that it would, thus, be clearly discriminatory not to allow women from the Akhbari sect offer prayers at the mosque. "This Court therefore, relying on the proceedings dated 15.06.2007, opined that when the Waqf Board permitted Shia Muslim women to enter into prayer halls, it is not known why they have been prohibiting Akhbari Sect of the same community to enter into Ibadat Khan. This itself manifests clear discrimination on the part of the respondents," the High Court said. .The Court was hearing a petition filed by the Anjumane Alavi Shia Imamia Ithna Ashari Akhbari, a society that challenged the denial of access for women from the Akhbari sect when it came to the conduct of Majlis, Jashans, and other religious prayers on the Ibadat Khana.The society moved the Court for relief after several requests to resolve the issue addressed to the Telangana State Waqf Board went unanswered. .The Waqf Board had argued before the High Court that religious sentiments and conventions should be respected, even if there is no express prohibition in the Quran on the entry of women into prayer halls.On December 11, 2023, the Court issued an interim order directing the authorities concerned to allow women of the Akhbari sect to offer prayers at the mosque.The mutawalli (caretaker) committee of the Ibadat Khana later filed an application to vacate this interim order. However, the Court has now effectively confirmed its interim directive and said that all women of the Shia community should be allowed to offer prayers at the Ibadat Khana. "The Hon’ble Supreme Court in the judgment referred to supra (Sabarimala judgment), in clear and categorical terms, held that the Constitution by way of Article 25(1) confers on every individual in society without distinction of any kind whatsoever, freedom of conscience, freedom to profess, practice and propagate religion," the High Court added while allowing the petitions before it..[Read Judgment]