The ‘All India Muslim Personal Law Board’ (AIMPLB) told the Supreme Court on Thursday (April 23, 2026) that Islam does not prohibit women from coming to the mosque for prayers, but it is appropriate for them to stay at home.

Senior advocate M.R. appeared on behalf of AIMPLB. Shamshad told the nine-judge Constitution bench headed by Chief Justice Surya Kant that women are allowed to offer namaz in the mosque subject to certain discipline. He said that this issue has come before the bench because a writ petition was filed, in which a request was made to allow women to offer namaz in the mosque.

He argued that there is no sanctum sanctorum in the mosque. Justice B in the bench. V. Nagarathna, Justice MM Sundaresh, Justice Ahsanuddin Amanullah, Justice Arvind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.

AIMPLB’s counsel told the bench that it would be better if women offered namaz at home and they would receive the same virtues as men who offer namaz in a mosque. Intervening, Justice Amanullah said that the reason is that if all the members of the house go to the mosque, then who will take care of the children?

Justice Nagarathna said that in Islam it is not mandatory for women to participate in collective prayers in the mosque. Shamshad said that the Quran calls for following the Prophet and the methods of worship are mentioned in the Hadiths.

He argued that courts should not attempt to judicially determine the nature of religious practices. He said that as per Article 25 of the Constitution, the task of interpreting the essence of religious practice or religious practices should be left to scholars of religion or religious sects and/or scholars of that particular religion.

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He argued, ‘In the first 400 years of Islam, the religious practices required in Islam were also declared through Ijma (consensus of the ulema). It was used in cases where there were some vague indications in the Quran…and to resolve serious differences between different sections.’

Shamshad argued, ‘Mosque is actually an integral part of Islam. The issue is not whether mosque is mandatory or not but when the majority decision of the court came, it said that since namaz can be offered in the open, mosque is not mandatory. This criteria is completely wrong. It has been implemented in many decisions. Mosque is the center of faith of Muslims. All practices are ultimately linked to the mosque.

Justice Nagarathna said that saying this is like saying that temples are not necessary for Hindu religion. The Supreme Court also said that it respects the views of all eminent writers and thinkers, but it cannot accept the information received from WhatsApp University.

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A nine-judge Constitution bench made this comment when it was hearing petitions related to discrimination against women at religious places, including the Sabarimala temple in Kerala, and the extent and scope of religious freedom practiced by different religions. Senior advocate Neeraj Kishan Kaul, appearing for the head of the Dawoodi Bohra community, cited an article written by Congress leader Shashi Tharoor, which called for judicial restraint in cases related to religious relief.

On this, CJI Surya Kant said, ‘We respect all eminent persons, jurists etc., but personal opinion is personal opinion.’ The hearing will continue on April 28 also. In September 2018, a five-judge Constitution bench, in a 4:1 majority verdict, had lifted the ban on entry of women in the age group of 10 to 50 years into the Sabarimala Ayyappa temple and had said that this centuries-old Hindu religious practice is illegal and unconstitutional.