When Supreme Court (SC) gave the judgement in Babri Masjid case and awarded the disputed the Hindus, and asked govt to provide free land for constructing the mosque. The land has been allotted, few days back there was artistic impression photograph of proposed mosque in the media. But there is still dispute among various Muslim entities regarding the legality of the of mosque, as per Islamic laws.
All India Muslim Personal Law Board (AIMPLB) member Zafrayab Jilani said that the proposed mosque in Ayodhya following last year’s SO verdict is against the Waqf Act and illegal under Shariat law. According to Waqf act, mosques or land of mosques can not be bartered. The proposed mosque violates this act. It violates the Shariat Law as Waqf act is based on Shariat. Jilani was also the convenor of Babri Masjid Action Committee.
Now countering Jilani’s allegation that the land for upcoming mosque was given to Muslims in exchange of Ram Jananbhoomi site in Ayodhya. Sunni Centra Waqf Board (SCWB) chairman Zufar Farooqi said it is not bartered land. He pointed out that the said land was allotted to Uttar Pradesh Sunni Central Waqf Board in pursuance of SC order and to take possession the Waqf Board had to pay stamp duty., and the Waqf Board paid a stamp duty Of Rs 9,29,400 to take possession of land. He also added that ‘land is property of the Waqf Board, but itself is not Waqf. Elobrating the concepts of Waqf and Waqf Board, the chairman of SCWB said the Waqf comprises a property donated in the name of Allah by a believer in Islam working for charitable purposes. So the only believer of Islam can create a Waqf, and Waqf Board is not an individual and canot create any Waqf on its own. SC had not accepted Babri as Waqf, if it had accepted the land as Waqf, we would have won the case, but the court clearly said the donation is not valid. The 5 acres of land given to Waqf Board is not in lieu of the Babri Masjid land but as a restitution or relief by SC.
There is no shifting of Babri Masjid as the Babri Masjid premises were given to Hindu party by the SC order. The new mosque land was given in ownership to UP Pradesh Sunni central Waqf Board vy SC order and it is not a Waqf land.
Farooqi is also the Chairman of the Indo-Islamic Cultural Foundation (IICF), which had unveiled in it’s Lucknow office the blue print of the mosque and a hospital to built on 5 acre plot of land at Ayodhya.
Athar Hussain, the secretary of IICF, also refuted Jilani’s allegations and said ‘everyone interprets the Shariat in his own way. When the land has been allotted under the directive of SC, it can not be illegal. The mosque is the place for offering the namaz, so what is wrong if the mosque in being built. He further added That “ Jilani Sahib is a competent lawyer,if we are violating any Act like the Central Waqf Act, why does he not challenging in Court and get our supposedly acts stopped, he is not doing so, he is simply spreading misinformation and doing what is against the Shariat and teachings of Quran’.
This matter was first raised by MP Asaduddin Owaisi at a meeting of AIMPLB’s executive committee held in October. All the members were of the view that the exchange of land for the mosque was not permissible under the Waqf act and in turn illegal under Shariat law.
In my opinion is that some section of Muslims still can not digest that they lost the case in SC, where as AIMPLB or any other Muslim group could not give the proof of how the land where Babri Masjid stood belonged to any Muslim entity. Whereas there enough evidence given by Hindu organisations that there was Ram Temple under that land, which was later demolished by Babar, and Masjid was built on that land. Now two sections of Muslim community and their leaders are giving their own version of law. All Shariat’s law and Waqf Board responsibilities were deliberated in the courts and then only judgement was given by SC. Now spreading these types of talks is only going to instigate the general Muslim population, which will be not good for the country. In India SC decision is final and all the citizen are dutybound to accept the same.
Waiting for your feed backs/comments/views.
Anil Malik
Mumbai, India
24th December 2020.
v
Vasanth Chandra
First , Supreme court ruling is superior to any religious dictat & binding on all .
One should ignore internal politics of Muslim factions & leave it their collective wisdom to raise the mosque .
Photo of mosque seen on social media , looks fantastic , artistic & modern away from the mediaeval Islam. Hope Muslims in India too become modern in their outlook ,along with the new mosque .
R. N. Mungale.
I agree with Mr. Vasantachandra.