The All India Muslim Personal Law Board told the Supreme Court of India that Muslim women are allowed to offer namaz in mosques but cannot demand entry through a specific door. It clarified that while participation is permitted, certain religious discipline and practices must be followed.
The All India Muslim Personal Law Board (AIMPLB) on Friday informed the Supreme Court of India that Muslim women are not prohibited from entering mosques to offer namaz. However, it clarified that women cannot demand entry through a specific door or insist on removing partitions that separate men and women during prayers.
These arguments were presented before a nine-judge Constitution Bench that is currently examining broader constitutional questions arising out of the Sabarimala reference case.
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Senior Advocate MR Shamshad, appearing on behalf of the AIMPLB, emphasized that Islam is a well-documented religion with clear rules regarding what is compulsory, prohibited, and recommended. He argued that this structured framework must be carefully considered while applying the Essential Religious Practices (ERP) test in constitutional law.
Addressing the specific issue of women entering mosques, Shamshad stated that there is no disagreement among different Islamic sects on this matter. He told the bench,
“There is no quarrel among religious denominations in Islam that women can enter mosques, and that too for prayer. But there is certain discipline that has to be followed,”
highlighting that while entry is allowed, certain rules of conduct must be respected.
The submissions were made in response to a writ petition seeking a declaration that Muslim women should be allowed to offer prayers in mosques without any restrictions.
Shamshad further explained that mosques do not have a sanctum sanctorum like temples, and therefore no individual—man or woman—can claim the right to stand at a specific place or lead prayers. His argument focused on maintaining order and discipline within religious practices rather than restricting access.
When the Chief Justice of India, Surya Kant, asked whether women are allowed to enter mosques, Shamshad reiterated that there is a clear consensus across Islamic traditions permitting women to do so. However, he added that attending congregational prayers is not mandatory for women.
Justice Ahsanuddin Amanullah also observed that historically there has been no dispute about women entering mosques and noted that this practice dates back to the time of the Prophet. Shamshad agreed with this observation and stated that the Prophet had explicitly said women should not be prevented from visiting mosques.
He further clarified that while it is obligatory for men to offer prayers in congregation, it is not compulsory for women. According to him, women can offer prayers at home and receive the same religious reward. However, if they choose to visit a mosque, they are fully permitted to participate.
During the hearing, an important clarification was sought by the Chief Justice. Referring to participation in congregational prayers, the CJI asked,
“Except that she can’t be part of the congregation?”
In response, Shamshad clearly stated,
“No, they will be a part of the congregation. If they are going to a mosque, the purpose is to participate in the congregation, and that is permitted,”
confirming that women who attend mosques can indeed take part in group prayers.
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At the same time, Shamshad added that it is “not preferable” for women to attend congregational prayers in mosques, reflecting traditional interpretations within Islamic practice.
Justice Amanullah also pointed out a practical and historical reason behind such practices, observing that if everyone attended the mosque, someone would need to stay at home to take care of children.
Overall, the AIMPLB’s submissions attempted to strike a balance between constitutional rights and religious practices, arguing that while Islam allows women to enter mosques and participate in prayers, it also prescribes certain guidelines and preferences that should be respected.
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