HC allows women's entry in Haji Ali dargah, order stayed for 6 weeks

August 26, 2016

New Delhi, Aug 26: In a significant judgement, the Bombay High Court today lifted the ban imposed on women from entering the sanctum sanctorum of Haji Ali dargah here, saying it contravenes the fundamental rights of a person.

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The court has, however, stayed its order for six weeks following a plea by Haji Ali Dargah Trust, which wants to challenge it in the Supreme Court.

"The ban imposed on women from entering the Haji Ali dargah is contrary to Articles 14, 15, 19 and 25 of the Constitution of India. Women should be permitted to enter the dargah on par with men," a division bench of Justices V M Kanade and Revati Mohite Dere said.

Under the said Articles, a person is guaranteed equality before law and has the fundamental right to practice any religion he or she wants. They prohibit discrimination on grounds of religion, gender and so on, and provide freedom of conscience and free profession, practice and propagation of religion.

The bench allowed a PIL filed by two women, Zakia Soman and Noorjehan Niaz, challenging the ban on women's entry in the sanctum sanctorum of the dargah.

"The state government and the Haji Ali Dargah Trust will have to take proper steps to ensure safety and security of women entering the dargah," the court said.

The high court had in June this year reserved its verdict on the petition.

The PIL states that gender justice is inherent in Quran and the decision contravenes the Hadith, which proves that there is no prohibition on women visiting graves.

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.

The ban on women's entry cannot be justified if it is on the basis of an expert's interpretation of the Quran, the then Maharashtra Advocate General Shrihari Aney had argued.

The dargah trust had defended its stand saying that it is referred in Quran that allowing women close proximity to the dargah of a male saint is a grievous sin.

Advocate Shoaib Memon, appearing for the trust had earlier said, "Women are not allowed inside mosques in Saudi Arabia. They are given a separate place to pray. We (trust) have not barred women. It is simply regulated for their safety. The trust not only administers the dargah but also manages the affairs of religion."

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Comments

Rashid
 - 
Friday, 26 Aug 2016

Building structure on graves is prohibited in Islam, visiting such places by men or women both discouraged... It is a grave sin , invoke on graves...In islam it is permitted to men & women to visit graves of their relatives with proper dress with intention to pray for people of graves is permitted and even praying in masjid also permitted..

Mohammed
 - 
Friday, 26 Aug 2016

As a muslim to visit a dargah and pray is shirkh and I request all my muslim brothers and sisters to refrain from doing so as committing shirkh is the biggest sin in Islam. As for Rony`s comments as muslm`s did not support in independence it is high time you refresh your social studies subject. We all know how many muslim countries are supporting non-muslim brothers and sisters by giving them job in their countries in turn which helps them in survival and is this not much greater support from the muslims. This is Independence to live and survive. People grow up and be thankful for the number of muslim countries who have not objected to non-muslims working in their country and you have the audacity to talk against muslims without thinking once about the millions of non-muslim expats.

mohammad.n
 - 
Friday, 26 Aug 2016

Why HC and SC needed here? Our prophet muhammad already said that no grave must be built high, if u find one then u must level it to the ground. Thats it case closed already 1400+ years ago . Then why waste time of court and people who comment on such news? Check the whole quran and hadees you will never find something called darga in it.

Mohammed
 - 
Friday, 26 Aug 2016

To my non-muslim friends kindly note that in Masjid al haram (Makkah) both men and women pray together and for Ganesh Kamath Muslim women are allowed inside mosques and have a separate covered place from where they can pray behind the Imam. Kindly refrain from posting things which you do not have knowledge of and stick to only praying part of it and not compare it with women are not allowed to drive etc.

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News Network
April 15,2020

New Delhi, Apr 15:  Union Health Minister Dr Harsh Vardhan on Wednesday said that both Maharashtra and Karnataka are in a bit of trouble due to spike in COVID-19 cases.

"Bihar is not in so much trouble right now, but definitely, Maharashtra is in a bit of trouble, particularly Mumbai and as well as Karnataka," said Vardhan in a video conference meeting while speaking about surge in COVID-19 tally in the country.

"But I was happy to see the confidence of 3 secretaries more particularly when Maharashtra Secretary said with confidence 'we will take care of it'," he said.

According to the ministry, Maharashtra is the worst-affected state with 2,687 cases of which 259 patients have recovered/discharged while 178 patients have lost their lives due to the virus.

Karnataka has confirmed 277 positive COVID-19 cases, including 75 cured and discharged and 11 deaths.

India's tally of coronavirus cases has risen to 11,933, said the Union Ministry of Health and Family Welfare on Wednesday.

Out of the total tally, 10197 cases are active while 1344 patients have been cured/discharged and migrated and 392 people have succumbed to the virus.

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coastaldigest.com news network
April 21,2020

Mangaluru, Apr 21: An elderly woman from Bantwal taluk in Dakshina Kannada district has been diagnosed with covid-19, a deadly disease caused by coronavirus.

The state health and family welfare department, in its bulletin released on Tuesday morning, confirmed  that 67-year old woman suffering from covid-19.

The woman is said to be a neighbour of the woman from who died last Friday after being infected with coronavirus.

It is suspected that the virus reached elderly woman's body as she was in touch with the deceased.

The woman was admitted to Covid - 19 Hospital, Mangaluru, on the April 18 after she developed breathing problem. It is learnt that she is responding to the treatment

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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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