Citizens respond to Bombay HC verdict
On August 26, the Bombay High Court overturned a four-year ban on the entry of women to sanctum sanctorum of the Haji Ali Dargah, off the Worli coast in south Mumbai, much to the cheer of intellectuals and rights activists.
A division bench comprising Justices VM Kanade and Revati Mohite Dere held that the ban is violative of articles 14, 15 and 21 of the Constitution of India. It directed the Maharashtra government to provide adequate protection to visitors. However, it agreed to suspend the verdict for six weeks, enabling the dargah trust to challenge the ruling in the apex court. This means that the entry of women to the dargah is still on hold!
The verdict is the outcome of a PIL filed by social activists Noorjehan Safia Niaz and Zakia Soman. It comes in the wake of another, more generalized, ruling by the same court dated March 30 which states that women cannot be stopped from entering places of worship. Opponents of the Haji Ali ban also included the Bharatiya Muslim Mahila Andolan (BMMA) and Trupti Desai’s Bhumata Ranrangini Brigade.
The Haji Ali authorities are unhappy with this decision. All India Majlis-e-Ittehadul Muslimeen representative Haji Raffaq was of the opinion that “the court should not have allowed the petition”. The dargah trust which was one of the respondents in the case will now move the apex court against the HC verdict.
According to the president of the Haji Ali Dargah Trust, the reasons for imposing a ban on women’s entry to the dargah are (i) women wearing blouses with wide neckline bend on the mazaar, exposing parts of the body, (ii) the safety and security of women and (iii) earlier they were not aware of the provisions of Shariat and had made a mistake by allowing women.
However, Islamic scholars such as Zeenat Shaukat Ali have gone on record to say that Prophet Muhammad encouraged his companions, both men and women, to visit the graves and holy shrines with intent to purify the souls (tazkiyah), attain righteousness (taqwa) and remain mindful of the hereafter (aakhirah). He did not make any distinction between men and women while exhorting Muslims to visit graves and shrines in pursuit of these spiritual benefits.
As far as entry to mosques is concerned, the Shariat allows equal access to men and women vis-à-vis places of worship, say the scholars. Not only the Prophet, but also his wife Hazrat Aisha would visit the shrines of Islamic saints like Ameer Hamza. Throughout Islamic history, scores of women Muslim mystics have visited the shrines of holy saints.
Expectedly, there are opponents to this practice.
In fact, Qasim Rasool Ilyas, spokesperson of All India Muslin Personal Law Board, has told VON: “Temples and mosques are the same. We allow women inside mosques but only with separate entries. We are not in favor of women entering the dargah. As per Islam’s tenets, even if women are allowed inside, separate entrances should be made.”
“I have gone to Haji Ali Dargah in 2002 and entered the inner sanctum. I prayed there for almost an hour. There was no bar in place at the time. I have been told that there was an incident involving menstruation many years later which triggered the bar,” Hina Naqvi, qazi of All India Ulema and Mashaikh Board, has shared.
But there were others as well who were happy at the turn of events. Take cleric Yasub Abbas who said: “I am fully opposed to the restriction. I just want it to be removed completely.”
Desai of Bhumata Brigade also hailed the overturning of the ban. “We welcome the decision of the High Court. It is a tight slap on the faces of those who put a ban on women’s entry into the dargah and curbs on their freedom and agency. It’s a big victory of woman power.”
Iranian saint Pir Haji Ali Shah Bukhari lived in the 15th century. The legend of his dargah, which is a gem of Indo-Islamic architecture, revolves around a miracle that he had performed to deliver a woman who had spilled her cooking oil on the ground from its immediate consequence of a thrashing by her husband. The pir pushed a finger into the soil on the spot where the oil had fallen and out sprang a fountain of the liquid. The devotees of the pir are thus chiefly women, observers have felt.
By Vedika Kacker