On a day the Bombay high court upheld the right of women to enter the inner sanctum of the Haji Ali Dargah in Mumbai, calling the ban on their entry ‘unconstitutional’, most scholars and activists reacted positively to the order and thanked the court. A few, though, disagreed with it.
The Mumbai-based petitioners in the case, Zakia Soman and Noorjehan Niaz, expressed relief. “Women were allowed into the dargah till 2011, when it suddenly stopped. We actually didn’t want a court battle and sent several feelers to the trust for discussions, but didn’t get anywhere,” said Ms Soman.
“The HC told us to discuss the issue first. But when we received no response, we filed a petition,” she said. “Through it, we are seeking gender justice as per the Quranic injunctions and the Constitution of India. Today we are going through a difficult phase of Muslim bashing globally,” said Ms Niaz. “What message are we sending by excluding women ” she asked.
The petitioners are associated with BMMA, a group that works for women empowerment.
A Nashik-based cleric, Aslam Milli, on the other hand, disagreed with the order, saying women were not allowed to go up to graves because they have “weak hearts and can be affected by the spectacle”. When asked about them undertaking the Haj pilgrimage — where women and men offer prayers together — Mr Milli said, “That is a separate issue.”
Senior social worker and human rights activist Teesta Setalwad said, “The verdict of the high court is welcome. Muslim women haveenjoyed equality in spaces of worship, be it the tombs of the Prophetin Medina or so many others... Even at Haji Ali, this was a rightenjoyed by women, Muslims and others. What changed Be it women or
Dalits, the right to equal entry in places of worship should be agiven in the 21st century.”
Bhumata Brigade president Trupti Desai, who led agitations to the Haji Ali Dargah, said: “We had led a struggle in Shani Shingnapur, Kolhapur, Trimbakeshwar, Nashik and for the Haji Ali Dargah. Women have won. We will take darshan on August 28.”
Indian Union Muslim League’s (IUML’s) former Maharashtra president, Samiullah Ansari, regularly upholds the Shariat as per his party’s policy. He said, “The rights of both men and women have been laid out in the
Shariat and there are certain boundaries that should be followed Women should be allowed to a certain extent, but not touching the tomb. If the ruling involves women touching the tomb, it is not acceptable,” Mr Ansari said.
