In a landmark ruling, the Telangana High Court has upheld the rights of Shia Muslim women from the Akhbari Sect to conduct Majlis, Jashans and other religious prayers in the Ibadat Khana located in Darulshifa, Hyderabad. This decision addresses a significant issue of sectarian discrimination within the Shia Muslim community, between Akhbari Sect and Usooli Sect of Shia Muslims.
Background and Legal Battle
The writ petition was filed by Shia Imamia Ithna Ashari Akhbari Society, representing the Shia Akhbari Sect, challenging the actions of a self-styled committee and certain respondents who were preventing women from Akhbari sect from conducting Majlis, Jashans, and other religious prayers in the Ibadat Khana. The petitioner highlighted that the Waqf Board had issued a proceeding on June 15, 2007, explicitly permitting Shia Muslim women to perform these religious activities, which they argued is a fundamental right guaranteed under Articles 14 and 25(1) of the Indian Constitution.
Despite this, a self-styled committee had been preventing the Akhbari women from performing their religious duties while allowing the Usooli Sect of the Shia Muslims to do so, leading to allegations of discrimination and violation of fundamental rights of women.
The court noted that the Waqf Board’s 2007 proceeding was clear in allowing Shia Muslim women to conduct religious prayers in the Ibadat Khana. Furthermore, the court referenced the Supreme Court’s judgment in the Indian Young Lawyers Association Vs State of Kerala (Sabarimala Temple case), which upheld the right of women to enter religious places.
Further, this Court observed that nowhere, in the Holy Book, the Almighty prohibited women from entering into prayer halls to offer their prayers.
In the petitioner’s response, it was firmly stated that the Constitutional courts have consistently upheld that all provisions outlined in the Wakf must be honored in both letter and spirit. The petitioner highlighted a recent event on January 6, 2024, where a combined function was held in the Ibadat Khana with the third respondent serving as one of the chief guests. During this event, men and women of the Usooli sect were seen mingling freely in the men’s hall, sitting next to each other without any restrictions. In stark contrast, women from the Shia Akhbari Sect were prohibited from conducting women’s Majlis, Jashan, and other prayers in the same area of the Ibadat Khana. The petitioner argued that, in the eyes of God, men and women are equal; therefore, women should have the same right to access the Ibadat Khana and offer prayers as men do. There is no prohibition by custom, usage, or practice against women praying in the Ibadat Khana. The petitioner further contended that the third respondent was needlessly complicating the issue, acting as though he were the sole authority over the Ibadat Khana. Although the petitioner submitted a detailed reply to the counter-affidavit filed by the Waqf Board, the court deemed it unnecessary to delve into all those details given the nature of the order to be passed.
The court observed that denying Akhbari Sect women the right to perform religious prayers while allowing Usooli Sect women constitutes clear discrimination. It highlighted that Article 25(1) of the Constitution ensures freedom of conscience and the right to freely profess, practice, and propagate religion, irrespective of gender or sectarian distinctions.
In its order dated on 25 July, the court directed the respondents to immediately permit women of the Akhbari Sect to conduct Majlis, Jashans, and other religious prayers in the Ibadat Khana.
In response to the recent judgment, an individual who wished to remain anonymous expressed their views on the ongoing discrimination within the Muslim community. “Muslims have different sects and customs, which is well-known,” they stated. “They claim that all individuals are equal, but in practice, this is far from the truth. There is a glaring inconsistency between their words and actions. This judgment underscores the need for Shia Muslims, especially women, to raise their voices against the anti-women elements within Islam. It is time for the Shia Muslim community and women to stand up against these discriminatory practices and demand their rightful place within their religious spaces.”
According to the akhari.org the differences between Akbhari and Usooli sects.
In response to the recent judgment, an individual who wished to remain anonymous expressed their views on the ongoing discrimination within the Muslim community. “Muslims have different sects and customs, which is well-known,” they stated. “They claim that all individuals are equal, but in practice, this is far from the truth. There is a glaring inconsistency between their words and actions. This judgment underscores the need for Shia Muslims, especially women, to raise their voices against the anti-women elements within Islam. It is time for the Shia Muslim community and women to stand up against these discriminatory practices and demand their rightful place within their religious spaces.”
