AIMPLB To SC: No Restriction On Women To Enter Mosque For Namaz
It was argued that the issue came up because a writ petition was filed seeking that women be allowed to pray in mosques.
By Sumit Saxena
Published : April 23, 2026 at 9:05 PM IST
New Delhi: The All India Muslim Personal Law Board (AIMPLB) on Thursday told the Supreme Court that Islam does not restrict women from coming to the mosque for namaz, but "it is preferable that they stay at home."
The writ petitions seeking women's entry in mosques are also tagged along with the Sabarimala reference.
The matter came up before a nine-judge bench comprising Chief Justice Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi.
During the hearing, senior advocate M. R. Shamshad, representing AIMPLB, contended that women are allowed to offer namaz in the mosque subject to some discipline.
It was argued before the bench that the issue came up because a writ petition was filed seeking that women be allowed to pray in mosques.
Shamshad submitted that there was consensus among all denominations of Islam that there was no restriction for women to enter the mosque. He added that there is also consensus that it is not essential for women to perform namaz as part of the congregation.
Justice Amanullah told Shamshad, "You should elaborate... that right from the beginning, there is also no dispute (that women can enter) and that it started from the holy Prophet himself."
Shamshad said the Prophet himself said, don't stop women coming to the mosque and there is clarity on this. He said that for a man, it was obligatory to be part of the congregation, but it is not mandatory for woman.
Shamshad said for a woman, it is preferable that she stays at home and prays, and she gets the same religious reward but if a woman wants to come, she can.
"Except that she can't be part of the congregation?" CJI asked.
Shamshad said, “No, they will be a part of the congregation. If they are going to mosque, the purpose is to participate in congregation, and that is permitted”.
“So, it is not mandated for them to attend a congregation?" Justice Nagarathna asked.
Shamshad said that it is "not preferable" for a woman to attend the congregation in the mosque. Justice Amanullah observed, “So the reason was that if everybody goes from the house, who looks after the children?"
Shamshad contended that the doctrine of essential religious practice (ERP) has been wrongly applied by the courts in the context of Islam.
It was argued before the bench that Islam is a heavily and thoroughly written religion, with elaborate detailing on dos and don'ts. The counsel contended that while some acts are strictly categorised as forbidden, some are prescribed as mandatory, and some acts are recommended as desirable.
The hearing in the matter will continue next week.
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