Telangana High Court Passes Interim Order Allowing Women Belonging To Akbari Sect Of Shia Muslims To Hold Prayer Gatherings In Darulshifa Ibadat Khana

The Telangana High Court has passed interim relief in favour of women members of the Akhbari Sect of Shia Muslims allowing them to conduct Majlis (congregations), Jashans (gatherings/festivities) and other religious prayers in the Ibadat Khana (Worship hall), Dar-ul-shifa Hyderabad.

Justice Nagesh Bheemapaka has passed the order in a writ petition, filed by Anjumane Alavi, Shia Imamia Ithna Ashari Akhbari Regd Society challenging the proceedings issued by the Mutawalli Committee of Ibaddad Khana Hussaini, wherein not permitting the woman belonging to the Akhbari Sect of Shia Muslims to hold religious gatherings and prayer meets in the Ibadat Khana.

The petition has been filed by Asma Fatima, a woman belonging to the Shia Imamia Ithna Ashari Akhbari Sect of the Shia Community and the Secretary to the Society.

She contended that the property for the Ibadat Khana had been donated to the Waqf Board way back in the year 1953, and ever since has been used to conduct Majlis, Jashans and other religious activities by the members of the Shia Muslim Sect, both women and men.

However, it was argued that one Capt Syed Hadi Sadiq, who has claimed himself to be President of the Mutawalli Committee since 2018, vide proceeding issued in 2023, had restricted the Shia women belonging to only the Akhbari Sect from conducting religious prayers and congregations within the premises of the Ibadat Khana.

The petitioner further contended that despite the proceedings of the Waqf Board issued in 2007 permitting women to conduct gatherings and prayers in the prayer hall, the Mutavalli Committee, a self-styled committee had denied the Muslim Women their fundamental right to pray and congregate.

The petitioner also brought to the notice of the Court that Shia Muslim women belonging to the Usooli Sect were being permitted to perform their religious rights within the payer hall and the discrimination was directed only towards the women of the Akhbari Sect.

It was contended that despite making multiple representations before the Police and even the Waqf Board, both had turned a blind eye towards the plight of the women. Hence with no other remedy left, the women approached the Court.

“No prejudice would be caused if Shia Muslim women were permitted to conduct the same in the Ibadat Khana. Neither the second respondent nor the third respondent have the power authority or jurisdiction to stop Shia Muslim women from conducting the Majlis, Jeshns, and other prayers. Since they are being restrained, the petitioner is constrained to file the instant Writ Petition” the petition read.

The Bench having heard the arguments of senior counsel P. Venugopal on behalf of the petitioners passed interim orders in favour of the women belonging to the Akhbari Sect and posted the matter for hearing on 26.12.2023

WP 33130/2023

Counsel for petitioner: Senior Counsel P. Venugopal. Advocate Mir Lukman Ali