Telangana HC Confirms Right Of Shia Women Of Akbhari Sect To Conduct Prayers In Ibadat Khana
The Telangana High Court has confirmed the right of the women members of the Akbhari Sect of Shia Muslims to conduct Majlis, Jashans and other religious prayers in Ibadat Khana situated in premises, Darulshifa, Hyderabad.
The Bench of Justice Nagesh Bheemapaka observed, “This Court on earlier occasions, directed the respondents therein to permit Akhbhari Sect also to perform religious activities in the Ibadat Khana. The Waqf Board also categorically stated that Ibadathkhana Hussaini absolutely belongs to Shia community and the said Ibadathkhana is meant for both Akbhari and Vusooli Sects including Shia women and they have strictly instructed the then Secretary Sri Syed Waheeduddin Hyderi Jaffery, Shia Imamia Ithna on 15.06.2007 to permit women members of Shia community to perform Majalis-e-Shahadath of Shahzadi Farima in Ibadathkhana Hussaini Darusshifa, Hyderabad…In the light of the above, the Writ Petition is allowed in terms of the interim order dated 11.12.2023.”
Senior Advocate P Venugopal appeared for the Petitioner whereas Standing Counsel Abu Akram and Advocate N Sameena appeared for the Respondents.
The Petitioner, Anjumane Alavi, Shia Imamia Ithna Ashari Akhbari Regd Society, challenged the action of the Respondents in not permitting the women members of the Akbhari Sect of Shia Muslims to conduct Majlis, Jashans and other religious prayers in Ibadat Khana situated in premises, Darulshifa, Hyderabad.
Petitioner Society had submitted that several representations were sent to the Telangana State Waqf Board to permit Shia Muslim women to conduct Majlis, Jeshans and other religious prayers, but no action was taken by them.
The Court, on December 11, 2023, while relying on the Judgment of the Apex Court in Indian Young Lawyers Association and others (Sabarimala Temple, In Re) v. State of Kerala (2019) directed the Respondents to forthwith permit the women members to conduct Majlis, Jashans and other religious prayers in the Ibadat Khana situated in the subject premises. The Court had observed, “Further, this Court observed that nowhere, in the Holy Book, 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. 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 Waqf Board in its counter affidavit stated that not only the Waqf Board but also the Mutawalli Committee have been discharging their respective duties allowing women members of the Shia community to perform prayers as stated above by both sects. It was stated that he has been in constant touch not only with committee members but also with the Mutawalli committee of waqf institution and time and again, advising them to extend necessary assistance and to allow Shia women to offer prayers according to wakfnama.
Accordingly, the Court allowed the writ petition.
Cause Title: Anjumane Alavi, Shia Imamia Ithna Ashari Akhbari Regd Society v. The State of Telangana and Ors.
Appearances:
Petitioner: Senior Advocate P Venugopal
Respondents: Standing Counsel Abu Akram and Advocate N Sameena