In a Muslim community of Tamilnadu, a group of Muslim elders and religious leaders who adjudicate on matters like divorce, abuse and child custody. The group of Muslim elders and religious leaders have no legal authority but the community can force to accept there judgement. Meeting for judgement happens in mosque, where women are barred entry and cases are decided without there evidence being heard. Woman’s father or brothers represent own daughter or sister. If a woman do not agree with judgement, and go to Indian civil court or police then community go against her. My question is, in this situation what she should do? In the light of women’s right, which is in the Shariyat, not in the light of prestige of relatives, family or community? Q. 2 A woman of Tamilnadu is trying to build a mosque only for women i.e. in that mosque only woman can pray for Allah, and management of mosque will also remain in women’s hands. What says Shariyat about it?
Answer
(Fatwa: 1603/1234=H/1429)
(1) It is essential for the group to investigate the matters while observing fully the Shariah principles and rules. For this, they should seek the services of Ulama whose knowledge, religiosity, godliness and piety is trusted by the people, rather they should be included in the investigations and taking decisions so that justice and equality must be observed and there is no slightest doubt of oppression and injustice. It is the duty of the both parties and those concerned to implement the decision given by the abovementioned group rightly and act upon it while ending their disputes and differences.
(2) This woman of Tamil Nadu is never allowed to construct such a mosque but it is against the Holy Quran and Hadith.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband
