Telangana HC allows prayers by Akhbari Shia women in Shia Wakf Institute

Justice Nagesh Bheemapaka dealt with a writ plea challenging the action of Telangana State Wakf Board and Muttawali committee of Ibbadat Khana Hussaini in not permitting women to the Ibbadat Khana situated at Darulshifa.

By Legal Correspondent

Hyderabad: The Telangana High court on Tuesday allowed Akhbari Shia sect women to conduct Majlis, Jashan and other religious prayers in the Shia Wakf Institute, Ibadat Khana, Darulshifa, Hyderabad.

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Justice Nagesh Bheemapaka dealt with a writ plea filed by Anjuman-e-Alavi, Shia Imamia Ithna Ashari Akhbari, a registered society challenging the action of Telangana State Wakf Board and Muttawali committee of Ibbadat Khana Hussaini in not permitting women to the Ibbadat Khana situated at Darulshifa. Earlier, the court had granted interim relief by permitting the women members of Akhbari Sect of Shia Muslims for conducting Majlis, Jashans and other religious prayers in the Ibadat Khana. Senior Counsel P. Venugopal appeared on behalf of petitioners and submitted that Shia Muslim women were entitled to perform the religious prayers. Conducting of prayers was a fundamental right guaranteed under the Constitution of India, he said.

The Waqf Board had issued a Proceeding Jube 15, 2007 enabling the Shia Muslim women to conduct Majlis in the Ibadat Khana, despite the said proceedings the Mutavalli Committee had denied the Muslim Women their fundamental right to pray and congregate, the Senior counsel said. It was further argued that one Capt Syed Hadi Sadiq, the President of the Mutawalli Committee, permitted the women of Usooli to perform prayers within the payer hall and the discrimination was directed only towards the women of the Akhbari Sect. On the other hand, the Senior counsel A.M Qureshi representing Muttawali Committee of Ibadath Khana Hussaini contended that being a society the petitioners have no locus standi to file the writ petition. While the matter is pending since 2021 in the Telangana State Wakf Tribunal, at Hyderabad a writ cannot be filed the senior counsel argued. The Wakf Tribunal is the competent court to decide the disputed questions of facts and settle the matter, counsel highlighted.

The court considering the said submissions, observed that except for a specific period, the Holy Quran does not restrict women from visiting prayer rooms. The Judge observed that the Waqf Board had previously allowed Shia Muslim women to join prayer halls. He remarked that the present action in excluding the Akbhari Sect was discriminatory. The judge held that, though alternative remedy is available, the court can come to the rescue of a party, who complains violation of his / her fundamental rights. The court therefore emphasizing fundamental rights allowed the writ petition.