Mumbai, Aug 26 : In a historic verdict demolishing another bastion of gender discrimination in the country, the Bombay High Court on Friday permitted the entry of women right up to the restricted grave area of the famous Haji Ali Dargah here.
The 56-page ruling by a division bench comprising Justice V.M. Kanade and Mohite Revati-Dere came on a Public Interest Litigation (PIL) filed by NGO Bharatiya Muslim Mahila Andolan (BMMA) and its office-bearer activists Noorjehan Niaz and Zakia Soman in November 2014.
The PIL challenged a 2012 decision by the Haji Ali Dargah Trust (HADT), prohibiting women from entering the sanctum sanctorum of the shrine, built in 1431, on grounds that “women wearing blouses with wide necks bend on the ‘mazaar’, thus showing their breasts”, which was against Islam.
The trust contended that the ban was “for the safety and security of women”. It also said that earlier, it was “not aware of the provisions of Shariat and therefore had taken steps to rectify the same”.
The shrine, located on the rocks off the Worli seashore, comprises the grave of Pir Haji Ali Shah Bukhari, a Muslim saint revered by all communities.
NGO BMMA’s lawyer Raju Z. Moray argued that there is nothing in the Holy Quran which prohibits the entry of women into mosques/dargahs and Islam believes in gender equality.
The HADT’s lawyer, Shoaib Memon, contended that Islam discourages free mixing between men and women and the intention of the restriction was to keep interaction between men-women at a modest level, besides preventing sexual harassment of women and their belongings getting stolen.
While permitting women to enter the restricted areas along with men, the court asked the Maharashtra government to ensure their safety and security.
Terming the ban a violation of the fundamental rights of a person enshrined in the Constitution, the judges stayed their verdict for six weeks to allow an appeal in the Supreme Court.
“We hold that the ban of the Trust prohibiting women from entering the sanctum sanctorum of the Haji Ali Dargah contravenes Articles 14, 15 and 25 of the Constitution…women be permitted to enter the sanctum sanctorum at par with men,” the judges said.
They directed the state government and the trust to take effective steps to ensure the safety and security of the women at the Dargah.
HADT Chairman Abdul Sattar Merchant said they will appeal against the ruling in the Supreme Court and that the AIMIM (All India Majlis-e-Ittehad-ul Muslimeen) will also oppose the verdict.
The trust, in June 2012, had barred the entry of women on the ground that Islam did not allow women to touch the tombs of male saints and it was a “sin” for them to enter the area where the grave is located.
An umbrella outfit, ‘Haji Ali For All’ comprising several social and women’s groups, including NGO Bhumata Brigade, had attempted to storm the shrine on April 28, but were stopped by the police on grounds of security.
Later, on May 12, Bhumata Brigade President Trupti Desai, accompanied by her supporters and a posse of police, walked through the one-km narrow causeway on the Arabian Sea — accessible only during low tide — to reach the Dargah with scores of other devotees.
She followed the prevalent customs and prayed from outside the restricted area — barely four feet away from the grave — and departed a few minutes later.
At that time, the shrine trustees reiterated that permitting women upto the tomb of Pir Haji Ali Shah Bukhari would be “anti-Islam” and claimed immunity as it was a “minority trust”.
Desai is credited with successful agitations culminating in women’s entry to the Shani Shingnapur Temple in Ahmednagar and later the Trimbakeshwar Temple in Nashik, both in April this year, besides a partially successful agitation at Mahalaxmi Temple in Kolhapur.
“I welcome the historic verdict of the court today. Our agitation has been successful and the courts have recognized the equality and rights of women. We shall soon go to pray at Haji Ali Dargah,” Desai said while reacting to the high court ruling.
Several prominent men and women Muslim intellectuals and activists lauded the High Court ruling.
The Dargah was constructed in 1431 in memory of a wealthy Muslim merchant, Sayyed Pir Haji Ali Shah Bukhari of Bukhara in modern Uzbekistan.
At one time, he renounced all his worldly possessions, travelled all around the world, made a pilgrimage to Mecca and finally settled in the then Bombay in the 15th century.
According to local legends, once he saw a poor woman crying over oil spilt from her vessel, afraid that her husband would thrash her.
He took the woman to the spot where the oil had spilt and jabbed his finger in the earth and oil gushed out. The happy woman filled up her vessel and went home.
Later, the saint had tormenting dreams of how he had injured the earth by his action. He fell ill and asked his followers to throw his coffin into the Arabian Sea.
He died during a pilgrimage to Mecca and the casket carrying his body miraculously was swept back to the Worli shore and got stuck in the rocks there.
His Dargah was constructed at the same spot; and on Thursdays-Fridays, it is visited by large number of pilgrims of all religions from India and abroad for the saint’s blessings.
(Quaid Najmi can be contacted at q.najmi@ians.in)—IANS
Very good decision by court. Now court should ban polygamy as well.
Fine I have an idea. We will not register our marriage.We will go to masjid and do nikah and can have kids. When govt. will enquire we will say we are in LIVE-IN Relationship. And few months back I read in TOI that court has given permission that a mother can raise her child and in DOB cert. the child need not to have father’s name, HE/SHE can go with only mothers name.
And rest of the job about understanding and informing about this whole show, we will do that at home 🙂
Now go and debate with your liberals who support live-in. Can you ban live-in now?
I do not understand whether I should cry or laugh on your thoughts. When any hindu speaks about reforms in muslim community, you feel that it is against your religious freedom.
Presently in India, Muslim community is the most backward community in terms of jobs, education etc. Every muslim will agree to this. You contribute around 15% population but still your presence in govt employment, private sector etc. is negligible. Now think why it is so? Please do not start blaming hindutvawadi forces. The real reason behind your backwardness is 50% muslim women are being deprived from education & jobs. You have kept their future in dark using hijab. Success of every community is always depend upon how progressive women are.
You fool people do not understand this & now start demanding reservation. People like you are real enemies of muslim community development. We have told you this thousand times that rules prescribed in Quraan are 1400 years ago. These rules may be ideal rules for community 1400 years ago. but now these rules are not relevant. But you fool people do not use your brain & just blindly follow irrelevant rules considering it will give you jannat.
First of all you didn’t respond to my comment instead you resort to red herrings.
Secondly you said, “The real reason behind your backwardness is 50% muslim women are being deprived from education & jobs. You have kept their future in dark using hijab.”
You are again absolutely wrong. First you have to scientifiaclly prove that Hijab prevents social development. You have to prove me that a thin piece of cloth on head and over entire body weakens females memory and analytical reasoning capabilities. If you can’t then stop bringing such stupid arguments. There are many students in universities who wear Hijab and pursuing higher studies. Even in my family my cousin sister wears hijab and is pursuing Phd in Economics. And there are many such examples. But to see such you need to come out from the “well” you live.
Thirdly, you said These rules may be ideal rules for community 1400 years ago. but now these rules are not relevant.
Again you are wrong. Islam is universal and is for all time. Its laws are never obsolete.
Islam doesn’t stops women from pursuing studies and doing business. All it says that do not do such jobs that violates shariah. For e.g., work in entertainment industries and advertisemnts and other jobs like in bars,pubs,fashion and similar kind of things.
Islam is for scientific researches, teaching profession, business,doctors and nursing or other engineering and IT jobs. And these jobs are respectful one. Both men and women can go for it.
Thoughts on live-in relationship:
In hindu religion, live-in relationship is not permitted. Not only that if you read Bhagwatgeeta you will find that sex should be done only for the purpose & not for pleasure. Here purpose is giving birth to child. Thus sex betweeen husband & wife for pleasure is also not allowed.
However, hindus are liberal & we believe that religion is a private matter & should be followed personally without any banned by government. Thus when government allows live-in relationship that does not mean the hindu religion supports it.
Thoughts on hijab:
You asked me to prove scientifically that how wearing hijab affects on woman development. Well first of all, wearing has nothing to do with individual’s development. It is not important that what you wear, however it is important that why you wear. In Islam wearing hijab is prescribed because covering woman’s face protects her from men. We are against it. When you relate hijab with woman protection it is social backwardness. Upbringing of muslim woman happens based upon the principle of protecting from men. Due to this muslim women gives extra importance to their protection where they even sacrifice education & job. I have seen many muslim woman who take education but after marriage they sit at home because in Islam woman should not earn if she has husband. In fact few muslim husbands believe that utilizing money earned by his wife is haram. This culture makes wife always dependable on her husband. Due to this we oppose hijab so that she should not give extra importance to protection against men & she should focus on her education & do job so that she won’t be dependable.
Another point is to make career one needs freedom of movement. Muslim woman has no freedom of movement. In few muslim countries woman can travel only with her husband, brother or father. If she travels with somebody else then she gets punishment. Again always wearing hijab in public places adversely affects on her freedom of movement & hence we oppose hijab. Hope that answers your question.
Mazar is not Islamic. Stop going there.