Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 8]

Shamshad: some scholar says sunna is the practice of the Prophet, so it can't be essential- Quran itself says obey the Prophet and what prophet said was written in books of Hadiths and his companions narrated it.

Shamshad: except Syedna in all other matters the court has gone into Quran and said that if its not found, go.

Shamshad: we were going through cases, except for one test all other tests of essential religious practice so far as Islam is concerned have failed in Indian courts.

Shamshad: if there is some legislation that somebody is facing FIR that why you are saying that I will eat only Halal meat- it is part of Quran, Hadith everywhere that it is completely prohibited-so essentially forbidden. so essentiality in Islam has two facets- one that you must do and other that you must not do.

Shamshad reads the different mandates of Quran.

Shamshad: on essential religious practice, in the context of Islam law-islam is very heavily and very thoroughly written religion and rules on what can be done and what can't be done has been written in a lot of details. Not only the primary source which is the Holy Quran.

Shamshad: in view of the affidavit, prayer a and b, we don't have the problem but the latter prayers, these prayers will have to be rejected.

Shamshad: issue 4 to issue directions like mandamus permitting women to pray inside the Musalla without being separated by barrier including the front, and in mixed gender congregational lines-scheme of the petitions

Shamshad:we come from the villages and when inside it is too hot, the Imam himself will come out in the open courtyward and entire mosque is vacant and he will lead the prayers and will stand behind him. so within the mosque there is no concept of first line or sanctum sanctorum.

Shamshad: prayers to issue mandamus to allow women to enter mosque, and to offer prayer and nazam inside the mosque-not a problem.

issue mandamus permitting islamic women to enter into the main door and have a right to visual and auditory access to the Musalla (main sanctuary)-they are trying to bring the sanctum sanctorum concept inside the mosque.