Haji Ali Dargah decides to grant access to women, finally

October 24, 2016

New Delhi, Oct 24: Women will be granted access to the sanctum sanctorum of the Haji Ali shrine in Mumbai on par with men, the Dargah Trust told the Supreme Court today and sought four weeks to make the requisite infrastructural changes.

haji aliA bench comprising Chief Justice T S Thakur and Justices D Y Chandrachud and L Nageswara Rao granted time to the trust and disposed off its appeal against the Bombay High Court order asking it to give equal access to women also.

Senior advocate Gopal Subramanium, appearing for the trust, said an additional affidavit has been filed on behalf of the Dargah trust saying it is willing to allow women inside the shrine.

The apex court, on October 17, had extended the stay granted by Bombay High Court to facilitate an appeal against its decision to lift the ban on entry of women near the sanctum sanctorum of the Dargah in Mumbai.

Earlier, the Supreme Court had expressed hope that the Trust, which had challenged the high court judgement, "will take a stand which is progressive".

Subramanium, had also assured the bench that he was on a "progressive mission" and said all holy books and scriptures promoted equality and nothing which is regressive in character should be suggested.

The bench had also remarked that "if you are not allowing both men and women to go beyond a point, there is no problem. But if you are allowing some to go beyond a point while others are not, it is a problem."

The counsel, appearing for a women's group which has challenged the practice of the Trust not to allow women near the sanctum sanctorum, had submitted that the position was different before 2011 than what it is today.

The Trust moved the apex court challenging the Bombay High Court order lifting the ban on women from entering the sanctum sanctorum of the renowned Muslim shrine in South Mumbai.

The High Court on August 26 had held that the ban imposed by the Trust on women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.

The High Court had allowed a PIL filed by two women, Zakia Soman and Noorjehan Niaz, from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women's entry into the sanctum sanctorum of the dargah from 2012.

It had granted a six-week stay on the order on a request by the Dargah Trust to enable it to appeal before the Supreme Court.

The high court had held that the Trust had no power to alter or modify the mode or manner of religious practices of any individual or any group.

The High Court in its 56-page judgement had also noted that the "right to manage the Trust cannot override the right to practice religion itself".

It had said the trust has not been able to justify the ban legally or otherwise. Hence it cannot be said that the prohibition was an essential and integral part of Islam and whether taking away that part of the practice would result in a fundamental change in the character of the religion or belief.

It had also refused to accept the Trust's justification that the ban was imposed for safety and security of women, in particular, to prevent sexual harassment at places of worship.

The Trust had claimed that the ban was in keeping with an order of the Supreme Court wherein stringent directions have been issued to ensure that there is no sexual harassment to women at places of worship.

The court had noted that the aims, objectives and activities of the Haji Ali Dargah Trust were not governed by any custom or tradition and held that it was a public charitable trust and hence, open to people all over the world, irrespective of their caste, creed or gender.

The Maharashtra government had earlier told the court that women should be barred from entering the inner sanctorum of Haji Ali Dargah only if it is so enshrined in the Quran.

Comments

Syed
 - 
Monday, 24 Oct 2016

Performing Dargah Pooja is unpardonable sin in Islam.

Rashid
 - 
Monday, 24 Oct 2016

visiting these graves (darghas) either by men or women is against islamic belief ... whatever the decision , won't make any difference to community

Abdul
 - 
Monday, 24 Oct 2016

Wrong Number!..
Worship creator, not his creation.

Rikaz
 - 
Monday, 24 Oct 2016

Abbiya, you misunderstood about the concept of performing umrah and Haj....visiting grave of anyone is not allowed and which is prohibited for ladies....performing umrah or haj is religious duty....once in a life time if a Muslim financially strong enough is bound to perform these religious obligations.,,,,

Well Wisher
 - 
Monday, 24 Oct 2016

The last paragraph is so funny. Maharashtra Govt. was right. \Aaneye illaandmyake Ambaari ellind bantu kanawwa?\" There is nothing mentioned in the Qur'an about Dargah. In fact, Dargah & Durgah are the 2 faces of the same coin. Idol worship is major sin (Shirk) in Islam. Prophet also denied women's entry to the grave yard. I request MH govt to completely shut the dargah. It is just a money making, sexual harassment center. No relation with Islam. It is nothing but a Mafia."

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News Network
April 19,2020

Bengaluru, Apr 19: With six new cases of COVID-19 in the last 24 hours, Karnataka's total count of coronavirus patients has surged to 390, said the State's Health Department on Sunday.

"Six new cases have been confirmed for COVID-19 in the State from 5 pm yesterday till 5 pm today. Cumulatively, 390 COVID-19 positive cases have been confirmed in the state," said the Health Department in a statement.

The total coronavirus cases in the State include 16 deaths and 111 discharges.

Deputy Chief Minister CN Ashwath Narayan said that "only essential and critical number of" employees of the Information Technology (IT) companies will be allowed to work from offices from April 20 onwards in Bengaluru, while others will have to continue working from home.

According to the latest update by the Ministry of Health and Family Welfare, the total number of positive cases in India has mounted to 16,116 and 519 deaths have been reported till now.

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News Network
May 4,2020

Kalaburagi, May 4: Migrant workers stranded in different parts of Karnataka arrived in buses at Central Bus Stand in Kalaburagi on Monday morning and are being sent to their home towns.

The Kalaburagi City Corporation has made the requisite arrangements for labourers and their thermal screening is also being done.

"Food packets and water bottles are being provided to all. Buses carrying migrant workers started arriving from 5 am. We are expecting around 70 buses. This process will continue for the next 3 days," Rahul Pandve, Kalaburagi Commissioner City Corporation, told news agency.

"We have made arrangements for registration. And all arriving at the site are undergoing thermal screening," he said.

Karnataka Chief Minister BS Yediyurappa had on Sunday allowed labourers to travel to their hometowns in the state on KSRTC buses free of charge for three days starting on Sunday.

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Ram Puniyani
May 26,2020

Words Jihad and Jihadi have been in abundant use for the negative purposes from last two decades in particular. They have been closleyl linked to the word terrorism and violence, done by section of Muslims here and there. This global use of word is particularly a post 9/11 phenomenon. Just to recapitulate after the WTC was hit by two aeroplanes; the building sunk leading the death of nearly three thousand innocent people. The victims belonged to most countries and religions. In the aftermath; Osama bin Laden called it Jihad. American media coined the word Islamic terrorism since then. Most of the acts indulged in by Muslim terror groups have been labelled under this title. This; irrespective of the fact that many an Islamic Scholars, many a Muslim clerics like Maulanas of Deoband and Barelvi, stating that Islam does not approve of violence against innocent people. The words have stuck.

This has also beoame one more weapon in the hands of communal sectarian elements. Apart from the mainstream media social media has been delving this with gay abandon using these words in a derogatory way. The lap media also called Godi media, which is an important part of the opinion making against Muslims has been using it day in and day out.

Recently (March 11, 2020), Mr. Sudhir Chaudhary, the Editor-in-Chief of Zee channel in a show went on to the limits of this misrepresentation by showing a chart and classifying Jihad into various categories, Love, Jihad, Land Jihad and latest in series being Corona Jihad in the wake of Tablighi Jamaat event. Mr Chowdhary concluded that all these types of Jihad are being done to weaken India. Surely, these types of programs have been increasing and intensifying Hate against Muslims and Jihad.

Unlike most of the times, this time around a complaint was filed against the said editor, a FIR was filed and lo and behold the editor’s tune changed.  In the next program he talked respectfully about the word Jihad! The tone and tenor changed. Was it a late realization or the fear of facing criminal action which made him change the tune, he alone should know, but that’s another chapter to the story?

As such jihad is by and large used as synonym for violence, terrorism. This is very much contrary to the its use in Koran.. Islamic scholar Asghar Ali Engineer argues that its use in Koran is multilayered. It stands for ‘utmost striving’ and has nothing to do with violence against innocents. As per him the concept of Jihad is far above violence. Those indulging in power games have used it as a cover for expanding power and called it as Holy War. This is very similar to the use of word Crusade by Christian Kings and Dharm Yudh by Hindu kings.

A deeper and more rational study of Koran and Hadith bring forth the real meaning of the term. Sufi’s who were away from the power struggle and focussed on spiritual aspects of religion like Bhakti Saints or liberation theologians, unfolded the deeper meaning of the term. Engineer points out that “it is for this reason that they describe war as jihad-e-Asghar and jihad to control one’s greed and selfish desires as jihad-e-Akbar (Great jihad)” (On Multi Layered Concept of Jihad, in A Modern Approach to Islam, Dharmaram , Page 26, 2003, Bangalore)

The reference to Jihad comes in Koran over 40 times, mostly referring to Jihad-e-Akbar, striving to overcome personal greed and selfishness. The real transformation of the word Jihad in popular perceptions and Chaudhary is the extreme example of that, takes place during the training of Mujahideen in the few specially set up Madarssas in Pakistan. This was initiated and coordinated by America in the decade of 1980s, when the Russian Army occupied Afghanistan. That was the time American forces were totally demoralised due to their humiliating defeat in Vietnam, at the hands of Vietnamese people.

To confront the Russian army, US planned to join the anti Russian forces. For this with the help of extremist Salafi version of Islam, they promoted the radical tendencies within a section of Muslims. The brain washing of the Asian Muslim youth as Mujahedeen to Taliban took place in few Pakistani Madrassas, totally funded by America. For this funding opium trade was also put into operation. The brainwashing module designed in Washington incorporated many components which also distorted the concept of Kafir, and created Hate against communists. Communists were labelled as Kafirs (Non believers) and so killing them was presented as Jihad. Getting killed while doing such an act was to be rewarded with entry pass to Jannat with 72 virgins waiting for those embracing this path.

America further went on to promote Taliban and Al Qaeda, which joined anti Russian forces, leading to defeat of Russian forces. Mahmood Mamdani in his book ‘Good Muslim Bad Muslim’ makes an inference based on CIA documents that America invested 8 thousand million dollars and also supplied seven tonnes of armaments, including the most sophisticate missiles to these forces. One also recalls the Al Qaeda leaders’ visit to US, White house. In the Press meet the then US President Ronald Regan, introduced them as being the equivalents of founding fathers of United States as they are fighting against the evil of communism.

Now of course the situation has taken its own turn and nearly three decades after their inception the same elements, later followed by ISIS and IS acted like Frankenstein’s monsters, killing Muslims in large numbers. It is estimated that over 70000 Pakistanis have been killed due to the action of these groups, who were propped up and nurtured by US to enhance its control over the oil wells of West Asia.

The likes Sudhir Choudhary can merrily propagate the Hate using the term Jihad. That such elements can also be partly controlled through the process of law is a part of great learning after the FIR filed against him. One hopes that such hate filled programs will come to a halt once we combat them ideologically and after resorting to the provisions of Indian Constitution. 

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