Kerala High Court Judgement On Women's Entry Into Masajid Has Islamic Scriptural Support

By Grace Mubashir,  New Age Islam

2 March 2024

The Orthodox Criticism Against Women's Entry Into The Masjid Is Not Validated In Islam According To Scriptures

Main Points:

1.           The entry of Muslim women into mosques must emerge as a necessity for women themselves

2.           In the context of the Supreme Court's decision allowing women to enter Sabarimala, some demanded that if the courts intervene in religious matters for women's equality and protection of rights, they should also intervene in the matter of Muslim women

3.           None of the scholars or Imams of the Madhabs have unconditionally stated that ladies should be prevented from the mosque

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(File Photo: Representative)

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When I visited Malaysia last year, one of the striking sights was women-friendly Masajid. Like men, women come to Masajid for prayers and participate in all religious activities.

In India due to the obscurantist orthodox practice of Islam, women's entry into Masajid has been banned, although nowhere in the scriptures such prohibitions could be found.

In India, courts facilitate the due rights of Muslim women, which is banned by orthodox and regressive sections of society. Women's entry to Masajid, is under the Supreme Court’s review. But local courts in Kerala have ruled in favour of the issue.

Judgments of Thalassery District Court in 1998 and Kerala Waqf Tribunal in 2006 based on Islamic principles can be considered important in the interventions related to protection of women's rights. What distinguishes the above judgments from the judgments of various courts in recent years regarding Muslim women is that the court went beyond mere logic and common sense and based on the basic tenets of the religion, respecting the feelings of the believers engaged in an effort to find the truth. A facility enjoyed during the Prophet's time would have been lost somewhere in history and then it would have been inherited. But the court judgments indicate that the reform movements were able to correct this traditionalism which is contrary to the basic principles of Islam and make a new awakening possible.

There is relatively little academic historical research beyond religious debates on Muslim women's Masjid attendance. Navin Ridath's study ‘Women in the Mosque: A Historical Perspective’ attempts, at least on a small scale, to investigate the rights given by the Prophet to women. Some of these discussions can also be seen in the historical research of Muslim feminists.

Judgments of Thalassery District Court in 1998 and Kerala Waqf Tribunal in 2006 based on Islamic principles can be considered important in the interventions related to protection of women's rights. What distinguishes the above judgments from the judgments of various courts in recent years regarding Muslim women is that the court went beyond mere logic and common sense and based on the basic tenets of the religion, respecting the feelings of the believers engaged in an effort to find the truth. A facility enjoyed during the Prophet's time would have been lost somewhere in history and then it would have been inherited. But the court judgments indicate that the reform movements were able to correct this traditionalism which is contrary to the basic principles of Islam and make a new awakening possible.

None of the scholars or Imams of the Madhabs have unconditionally stated that ladies should be prevented from the mosque. In the end, some of the Imams would say that young ladies should not be permitted, but this is contrary to what the Prophet has commanded.

The entry of Muslim women into mosques must emerge as a necessity for women themselves. Women still need to wake up and legally face the clerical actions that deny a right granted by Islam and enjoyed by Muslim women since the time of the Prophet for some childish reasons. Women should also exercise caution in enforcing the rights they have obtained through the courts.

Scriptures Support Women's Entry Into Masajid

The mosques, which are the house of Allah, do not belong to anyone. No one has the right to forbid worshipping there.

Allah says:

Who is the greatest transgressor among those who hindered the glorification of His Name in the mosques of Allah and sought their downfall? They were not allowed to enter those mosques except with fear. They have contempt in this world. In the Hereafter, there will be a severe punishment. (Al-Baqarah: 114)

Women have come to mosques since ancient times to worship Allah. Look at what Allah says to Maryam (R.A.), the one who is mentioned in the Holy Qur'an as an example for the Muslims of the world.

O Mary, be obedient to your Lord and prostrate and kneel with those who kneel (Al-Imran 43).

O Mary, fear thy Lord, and prostrate thyself, and bow thy head with those who bow their heads. (Al-Imran: 43)

Here Allah instructs Mary to pray with those who are praying in the mosques. Tafseer Ibn Kathir explains this verse and says:

اي: كوني منهم means that you perform as one of them. (Tafseer Ibn Kathir: 363)

Tafseer Bailawi, which is taught in mosques, says:

عمرت بالصلاة في الجمعة  They were commanded to pray in congregation. (Tafseer Bailawi: 1/38)

Thus Tafseer Al-Khazen says:

Rather, he said: Kneel with the kneeling men, and he did not say: with the kneeling women, because the word “kneeling” is more general and includes men and women, and praying with the men is better and more complete. It was said that its meaning is like the action of those who kneel, and it was said: What is meant by it is prayer in congregation, meaning he prayed with the worshipers in a group. (Tafsir Al-Khazen (1/347))

Maryam, you did not say bow with the women who bow, but with those who bow (masculine plural). Because it includes men and women. Praying with men is best and most perfect. It means to do as those who pray and participate in congregational prayer with those who pray. (Tafseer Khasin: 1/347)

Islamic Shariah has never prohibited women from going to the mosque and performing worship. On the contrary, the documents teach that during the time of the Prophet (PBUH) and after his time, many Muslim women went to the mosque.

A few proofs are given below:

On the authority of Ibn Umar that the Messenger of God said, “Do not prevent God’s handmaids from the mosques of God.” (Sahih Muslim 1018)

Narrated by Ibn Umar (RA): The Prophet of Allah (PBUH) said: Do not forbid the servants of Allah from the mosques of Allah (Muslim: 1018).

(On the authority of Salim, on the authority of his father, on the authority of the Prophet, “If the woman of one of you asks permission to go to the mosque, let him not prevent her.” (Sahih Al-Bukhari: 5238)

Salim (may Allah be pleased with him) narrated from his father: The Prophet of Allah (may peace be upon him) said: If the wife of one of you asks for permission to go to the mosque, do not prevent her (Bukhari: 5238).

(On the authority of Ibn Umar, he said: The Messenger of God said, “When your women ask permission to go to the mosques, then give them permission.” (Musnad Ahmad: 5211)

Narrated Ibn Umar: The Prophet of Allah (SAW) said: If your wives ask for permission to go to the mosque, give them permission. (Ahmad : 5211)

(On the authority of Ibn Umar, may God be pleased with them both, on the authority of the Prophet, who said, “When your women ask permission to go to the mosque at night, then give them permission.” (Sahih Al-Bukhari 865)

Narrated Ibn Umar: The Prophet of Allah (may peace be upon him) said: If your wives ask permission to go to the mosque at night, grant them permission. (Bukhari: 865)

On the authority of Ibn Omar, he said: A woman of Omar was witnessing the morning and evening prayers in congregation in the mosque, and she was told, “Why did you go out when you knew that Omar He hates that and is jealous. She said, “And what prevents him from forbidding me?” He said, “The saying of the Messenger of God prevents him: Do not prevent God’s female servants from the mosques of God.” (Sahih Al-Bukhari: 900)

Narrated by Ibn Umar (RA): A wife of Umar (RA) used to come to the mosque to pray Subah and Isha prayers in congregation. Then they were asked. Umar (RA) knows that you don't like going to the mosque and hates it, so why are you going? They immediately asked back. But then what is the obstacle for Umar himself to be banned? Abdullah said: Umar is hindered by the saying of the Prophet that the maidservants of Allah should not be prevented from the mosques of Allah. (Bukhari: 900)

Even after the verse of hijab, Prophet did not prohibit women from Masjid entry.

when the Prophet (PBUH) married Zainab (PBUH), the daughter of Jahsh, when the people invited to the feast did not go out, etc., when the Prophet (PBUH) had a hard time, the 53rd verse of Surat al-Ahzab of the Holy Qur'an was revealed:

O you who believe, do not enter the houses of the Prophet unless he (invites you) to a meal (and you receive consent). Do not be those who watch it (food) being cooked. But if you are invited, go through. If you eat, leave. You should not be amused by the news. Indeed, all of that annoys the Prophet. But he is ashamed (to say that) to you. Allah is not ashamed of the truth. Ask them (the Prophet's wives) about something from behind. That is purer for your hearts and theirs. You must not disturb the Messenger of Allah. And you shall never marry his wives after him. Verily, that is a solemn matter with Allah (Ahzab: 53).

After narrating this incident, Imam Bukhari (RA) says:

وَأُنْزِلَتْ آيَةُ الْحِجَابِ (صحيح البخاري : 4794) And the verse of Hijab was revealed. (Bukhari : 4794)

Tafseer Ibn Kathir explains this verse and says: إذا آية

الحجاب (تفصير ابن كتير 3/607) This is the verse of Hijab (Tafseer Ibn Kathir : 3/607) Scholars are of the opinion that this event took place on the 3rd or 5th of Hijra.

However, the traditionalists cite verses 32 and 33 of Surat al-Ahzab as the verse of hijab.

“Wives of the Prophet, you are not like any other women. If you are virtuous you should not speak (to others) in a persuasive tone. Then the one who has disease in heart may feel lust. Say the right thing. And keep yourselves in your houses. Do not put on a show of beauty like the beauty show of the old age of ignorance. You should perform Salat regularly, give Zakat and obey Allah and His Messenger. O Household (of the Prophet)! Allah only intends to remove the evil from you and purify you properly. (Ahzaab: 32,33)

In all the above verses, the manners to be observed at home and outside are taught. Besides, it is not possible to find a verse in the Book of Allah or in the Holy Sunnah of the Prophet (PBUH) that forbids the one who goes to the mosque to wear clothes according to the conditions prescribed by Islam.

Many people have assumed that the ayah of hijab is a verse that the mosque forbids Muslim women. The rules to be followed when going out for all purposes are the same rules that women should follow when going to the mosque. Do not use perfume in such a way that the body parts are not visible, dress in a way that does not attract people, and go out without mixing with other men.

Along with that, they should go to the mosque with complete devotion and modesty.

On the authority of Abu Hurairah, he said: The Messenger of God said: “Any woman who burns incense will not witness the afterlife with us.” (Sahih Muslim 1026

Narrated Abu Huraira: The Prophet (PBUH) said: If any woman has used perfume, she should not join us in the Last Night Prayer. (Muslim : 1026)

The Wives Of The Prophet (PBUH) Also Went To The Mosque

It can be seen in the documents that during the time of the Prophet (PBUH) and his death, the wives of the Prophet (PBUH) used to go to the mosque to pray and perform I'tikaf (staying in Masjid).

Aisha (RA) and Zainab (RA), the wife of the Prophet (PBUH), used to perform I'tikaf in the mosque (Bukhari:2033, Muslim:2848).

Aisha, may God be pleased with her, said: The women of the believers would witness the dawn prayer with the Messenger of God, wrapped in their cloaks, and then they would go back to their homes when the time was spent. No one from the unknown knows the prayers. (Sahih Al-Bukhari 578)

Aisha (may Allah be pleased with her) said: Indeed, the believing women used to attend the Subh prayer with Rasulullah (may peace be upon him) wearing their veils. After Namaz they return home. No one recognized them because of the darkness. (Bukhari: 578)

Explaining this hadith, look at what Imam Ibn Hajar Asqalani says:

In the hadith, it is recommended to hasten the morning prayer at the beginning of the time and it is permissible for women to go out to the mosques to witness the prayer at night. It is taken from Its permissibility during the day is more appropriate, because at night there is more uncertainty than during the day (Fath al-Bari by Ibn Hajar (2/360).

In this hadith, it is Sunnah to perform Subh prayer at its earliest time, and women may go out to the mosque for prayer at night. Thus, it is understood that one can go to the mosque for prayers even during the day, while there is more possibility of doubt during the day and night. (Fathulbari : 2/360)

Even after the death of the Prophet (PBUH), the wives of the Prophet (PBUH) used to pray in the mosque and sit in I'tikaf.

On the authority of Aisha, may God be pleased with her, the wife of the Prophet, that the Prophet used to seclude himself during the last ten days of Ramadan until God took his life, and then his wives secluded themselves from (Sahih Al-Bukhari: 2026 and Muslim: 2841)

Aisha (may Allah be pleased with her) reported that I'tikaf used to be in the last ten days of Ramadan until the Prophet (peace be upon him) passed away. After he left this world, his wives also sat in I'tikaf. (Bukhari: 2026, Muslim: 2841)

I'tikaf is valid only in the mosque. This is clear even in the books of the Shafi'i Madhhab.

I'tikaf is only valid in a mosque. Juma’a Mosque is the best. There is no harm in leaving some of the limbs outside the mosque. I'tikaf is not Sahih at home or any other place prepared for prayer except in the mosque.

Is Home Better?

They want women to stay at home. But Allah and the prophet did not stop women from going out for the purposes of prayers, Tawaf, Hajj and Umrah. Even if the hadith that says it is better for women to pray in mosques is to pray in their homes, none of them teach that praying in mosques is haram.

If such hadiths were authentic, the beloved wives of the Prophet (PBUH) would not have gone to the mosque. But read above the hadith that they not only went to the mosque but also sat in Itikaaf in the mosque.

Women have been participating in Juma’a and Jama'at since then and in the Madina mosque, which was built for the first time in the world to worship Allah. So what evidence is there for this empty argument of all Muslims?

What does Imam Shafi'i (RA) say?

All the books of the Shafi'i Madhhab, from Ten Kitab to Al-Umm, the shortest book, state that it is permissible for women to go to mosques attended by men and participate in Jama’ah congregations.

In Book Ten it says:

ويكره حوزر المسجد لمشتهاة وشابة لا غيرهما عند امن الفتنة (عشرة كتب : PAGE : 7

Attendance at the mosque is not recommended for those who are desirable in appearance and young women. This was said when they were not afraid of destruction.

Here it is only Karahat (unpleasant). It is not haram even for young women to attend the mosque. Non-young women are also allowed. However one can find many quotations from the authoritative scholars of the Shafi'i Madhhab in Nawawi where they say that all are permissible among women.

وَيَقِفُ خَلْفَهُ الرِّجَالُ ثُمَّ الصِّبْيَانُ ثُمَّ النِّسَاءُ (شرح المشيل على المنهاج (1/312)

Men should line up behind the imam first, then boys and then women. (Mahalli :1/312)

ويقف خلف الإمام الرجال, تم الصبيان, تم النساء. (فتح المعين (2 / 32)

The men should stand behind the imam first, then the children, then the women (Fathul Mu'een: 66)

آذا عرادت مرونة حوزر الجمعة فهو كحدورها لساير الصلوات (المجموعة 4 496

If women intend to participate in the Jummah prayer, they must come with the condition that they must follow when they come for the other prayers. (Sharhul Muhaddab Vol. 4 pg:496)

ولا احب لواحد ممن له ترك الجمعة من الاحرار لعزر ولا من النساء غر العربين والعبيد أن يسلى الظر حتي ينصرف الامام… لانه لعله يقدر على إتيانها الجمعة فيكون إتيانها خيرا له ( المم : 1 / 219)

Jummah is not compulsory for free men, those who are free, and those who are minors, I do not like women and slaves to pray Zuhr except after the imam performs Juma’a and retires from it because it is best for them to attend Juma’a if their hindrance is removed. (Al-Umm: 1/219)

Allow Women To Become Part Of Muslim Society

It is established with enough proofs that it is permissible for women to go to the mosque and participate in the Juma‘a congregational prayers, the Eid prayers, and the eclipse prayers while wearing Islamic dress. No need to quote them all at length. It also indicates that it is ready to produce full evidence if required.

In short, it is not possible for anyone to show that it is haram for Muslim women to go to mosques and participate in congregational prayers by following the requirements of Islam in the Holy Qur'an, in the hadith of the Prophet (PBUH), or what Imam Shafi'i (RA) said.

Allowing entry for women to mosques has been a topic of discussion and debate in many communities and countries. Some mosques already welcome women for prayers, while others have separate prayer areas or times designated for women. Advocates for gender-inclusive mosque access argue that it promotes equality and fosters a sense of belonging for all members of the community. It also aligns with principles of diversity and inclusion within religious spaces. However, decisions regarding mosque policies often depend on the traditions, cultural norms, and interpretations of religious texts within each community or denomination. It's important for communities to engage in respectful dialogue and consider the diverse perspectives and needs of all members when addressing this issue.

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A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist.

 

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