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Bombay HC permits women inside Haji Ali Dargah, but Trust says No!

The trustees believe that it will be grievous to allow women near the tomb of the Sufi saint, that is housed within the mosque

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Haji Ali Dargah in Mumbai. Wikimedia
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Mumbai, August 26, 2016: On Friday in a historic verdict, the Bombay High Court has permitted the entry of women up to the restricted area in the famous 15th-century shrine Haji Ali Dargah, that is located off the Worli seashore. A division bench of Justice VM Kanade and Justice Revati Mohite-Dhere stayed the judgment for six weeks to allow an appeal in the Supreme Court, mentioned IANS report.

The court’s ruling came on a PIL filed by NGO Bharatiya Muslim Mahila Andolan and women activists Noorjehan Niaz and Zakia Soman and now women can enter in the inner sanctum of this Dargah. However, the trustees believe that it will be grievous to allow women near the tomb of the Sufi saint, that is housed within the mosque.

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These trustees had imposed the ban 5 years back and were taken to the court by the Bharatiya Muslim Mahila Andolan (BMMA) – a Muslim women’s rights group, who are backed by the state government, mentioned NDTV.

Chief Minister of Maharashtra, Devendra Fadnavis. Image source: Wikimedia Commons
Chief Minister of Maharashtra, Devendra Fadnavis. Image source: Wikimedia Commons

Chief Minister Devendra Fadnavis has expressed his views regarding the High Court’s decision. He said there is discrimination in worship and this tradition must accommodate change.

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Today, the High Court added that any restriction on women at the dargah violates the fundamental right to equality. The court order has brought relief to the countrywide campaign and efforts of women, to allow them entry to all places of worship.

In Mumbai, the Haji Ali mosque was constructed in 1431, on an islet about 500 metres from the coast, in memory of a wealthy Muslim merchant- Sayyed Peer Haji Ali Shah Bukhari, who gave up all his worldly possessions before making a pilgrimage to Mecca. The Dargah can only be reached during low tide.

– prepared by NewsGram Team

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  • Manthra koliyer

    Women should be treated equal to men, and they should be allowed to all the religious places!

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For Plea Against Polygamy Supreme Court Takes Centre’s Response

personal laws must meet the test of constitutional validity and constitutional morality

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The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.
The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India. Flickr

The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud issued the notice to the Centre and tagged the plea with similar petitions pending before it.

The fresh plea filed by Women Resistance Committee Chairperson Nazia Ilahi Khan, a practicing advocate at the Calcutta High Court, has challenged the practice of polygamy, ‘nikah halala’, ‘nikah mutah’ (temporary marriage among Shias) and ‘nikah misyar’ (short-term marriage among Sunnis) on the grounds that these were violative of the Constitution’s Articles 14, 15 and 21.

Under ‘nikah halala’, if a Muslim woman after divorce by her husband three times on different instances, wants to go back to him, she has to marry another person and then divorce the second husband to get re-married to her first husband.

“Declare the dissolution of the Muslim Marriages Act, 1939 unconstitutional and violative of Articles 14, 15, 21 and 25 of the Constitution in so far as it fails to secure for the Indian Muslim women the protection from bigamy which has been statutorily secured for Indian women from other religions,” said her plea filed through advocate V.K. Biju.

The apex court has been hearing pleas filed by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP leader and advocate Ashwini Kumar Upadhyay on the issue.

Article 14 guarantees equality before law, Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty.

Telling the court that though different religious communities are governed by different personal laws, Upadhyay had contended that “personal laws must meet the test of constitutional validity and constitutional morality in as much as they cannot be violative of Articles 14, 15, and 21”.

Pointing to the “appalling” affect of polygamy and other such practices on the Muslim women, senior counsel Mohan Parasaran had earlier told the apex court that the 2017 judgment holding instant ‘triple talaq’ as unconstitutional had left these two issues open and did not address them.

Polygamy, Man along with his 5 wives
Polygamy, Man along with his 5 wives. Flickr

A five-judge Constitution Bench headed by then Chief Justice J.S. Khehar (since retired), by a majority judgment in 2017, had said: “Keeping in view the factual aspect in the present case, as also the complicated questions that arise for consideration in this case (and, in the other connected cases), at the very outset, it was decided to limit the instant consideration to ‘talaq-e-biddat’ or triple talaq.

Also read: Goa Common Civil Code forbids neither Oral Divorce nor Polygamy among Muslims: Governor

“Other questions raised in the connected writ petitions, such as polygamy and ‘nikah halala’ (and other allied matters), would be dealt with separately. The determination of the present controversy may, however, coincidentally render an answer even to the connected issues.” (IANS)