A landmark mosque in Mumbai is facing pressure to overturn a ban on women entering its inner sanctum, a move that could set a precedent on gender restrictions to places of worship in the deeply religious country. A Muslim women's rights group is locked in a bitter legal battle with trustees of Mumbai's Haji Ali Dargah, built in the 15th century and popular not only with Muslims but Hindu devotees and sight-seeing tourists.
Women have been prevented entry to the mosque's mausoleum since 2011, with its trust saying close female proximity to the tomb of a revered saint is "a grievous sin" in Islam. Bharatiya Muslim Mahila Andolan (BMMA) has petitioned the Bombay High Court seeking a ruling that the ban is unconstitutional, hoping such a decision would mark a major step forward for women's rights in India. "A positive ruling would set a precedent and would have a wider and long-term effect," BMMA co-founder Noorjehan Niaz said.
The mosque is located on an islet accessible via a causeway at low tide. It was built in the 1430s in memory of a wealthy Muslim who gave up his worldly possessions and went on a pilgrimage to Mecca. Legend has it that Pir Haji Ali Shah Bukhari, who became a Sufi saint, died during his spiritual journey and his body washed up on rocks in the Arabian Sea off south Mumbai. The mosque was constructed on the spot where his body was found, and his tomb, or "dargah", lies in the inner sanctum -- the mosque's most sacred place. It is one of a string of temples and mosques across India that restricts access to women.
Last month local media reported that a Hindu temple in western Maharashtra suspended seven security guards after a female devotee stepped on a platform to worship an idol. Women are barred from the stand and temple authorities later performed a "purification" ceremony on the idol, according to the reports. Haji Ali Dargah is one of Mumbai's most recognisable landmarks and receives tens of thousands of visitors every week. But Niaz said the trust started banning women from the mausoleum four years ago, although they are still allowed into the mosque's other areas, where they can pray. She said trustees cited menstruation as the reason for barring women entry to sacred spots, an argument often given by conservative elements. She complained to the board and then approached Maharashtra state's minorities commission before launching legal action last year after making no progress.
A member of the trust declined comment on the grounds of sub-judice, saying only that he hoped Mumbai's top court would settle the dispute when it holds its next hearing on December 15. Maulana Mustaqeem Azmi, a member of the nonprofit All India Muslim Personal Law Board, said the rule was similar to those in other mosques. "To insist that they be allowed into the tomb is against the religion," he said.
Human rights lawyers back the women, but are sceptical of whether their case will win. Instead, they are pushing for a law making it illegal for any trust to bar entry to a public place of worship on the grounds of gender.
