Uttar Pradesh Sunni Central Waqf Board has drawn up an ambitious plan to construct a mosque, hospital and a community kitchen on the land allotted by the State Government at Dhannipur, Ayodhya as per the Supreme Court directions in the centuries’ old Babri Masjid-Ram Janmabhoomi dispute verdict. Sunni Central Waqf Board, which was one of the parties in the dispute, has happily accepted the verdict and started preparations for the construction of a grand complex at Dhannipur away from Ayodhya. The Sunni Central Waqf Board has formed a Trust in the name of Indo Islamic Cultural Foundation (IICF) for the project.
Community leaders who have analysed the proposal are of the view that the plan of the Sunni Central Waqf Board to construct a mosque at Dhannipur village on a land given by the State Government as a barter in the dispute, goes against the Waqf Act and also against the spirit of Shari’ah.
AIMPLB ON THE ISSUE
All India Muslim Personal Law Board (AIMPLB) leaders have stated that the construction of a mosque on the land given by the Government would be in violation of the Waqf Act and the Shari’ah rules. Zafaryab Jilani, a member of AIMPLB, on December 24, 2020 said, “The planned construction of a mosque at Dhannipur is against the Waqf Act and ‘illegal’ under the Sharia Law.” He said, “According to the Waqf Act, mosques or land of mosques cannot be bartered. The proposed mosque in Ayodhya violates the Act. It violates the Shariat law as the Waqf Act is based on the Shariat.”
Another prominent member of the AIMPLB, Dr. SQR Ilyas, said, “We have rejected the proposal to accept land for the mosque at any other place. We lost the title suit and so we don’t need a land for a mosque.” However, the IICF which was formed by Sunni Central Waqf Board considers it legal as the highest court of the land has approved of the deal.
ONCE A MOSQUE WILL ALWAYS BE A MOSQUE
In the light of divine guidance, which Muslims profess and practise, the status of a mosque will not change once it is consecrated as a mosque. It becomes the property of Allah, the Supreme Creator of this universe. Even if other people claim it or get the custody of it with legal or illegal means, its status will always remain as that of a mosque till the last day of this universe. This has been clarified by Maulana Wali Rahmani, AIMPLB General Secretary.
On August 5, 2020, Maulana Wali Rahmani stated, “Today, when at the site of the Babri Masjid, the foundation stone of a temple is being laid, AIMPLB feels the need to reiterate that according to the light of the Shariat, where a mosque comes up once, it remains a mosque till eternity…. Hence, Babri Masjid was a mosque yesterday, is one today and God willing will remain a mosque. Keeping idols in a mosque, starting pooja there or stopping the namaz that had been offered there for a long time, do not change the status of a mosque.”
ROLE FOR AIMPLB
UP Sunni Central Waqf Board, instead of acting unilaterally, must involve the parties who relentlessly fought the battle for restoration of Babri Masjid, consult them and take their opinion before accepting the alternative land or for that matter approving of the mosque design. If the entire plan goes against Shari’ah and Waqf Act, the Waqf Board must not construct a mosque. They can utilise the land for any other purpose like hospital, educational institution, etc. AIMPLB has the expertise, legal acumen and in-depth knowledge of Shari’ah and Islamic Jurisprudence. Moreover, it has greater acceptability and support of leaders from many schools of thought in the community. One wonders how it has been side-lined.
CRITICISM OF NEW MOSQUE DESIGN
The design of the mosque which is being constructed at Dhannipur in Ayodhya is drawing criticism from several community leaders and litigants. Iqbal Ansari, who was one of the litigants in the dispute, is of the opinion that the design of the mosque is inspired by the foreign architecture. It looks like a modern building with several amenities. It hardly resembles a mosque, for which several decades of struggle was carried out.
Therefore, the UP Central Waqf Board must involve community leaders from various schools of thought, engage with them in the decision-making process to either accept the land for mosque or reject it. If the Muslim leadership doesn’t approve of the mosque plan, the Waqf Board must drop the mosque from its plan and focus on utilising the land for any other purposes.
UP Sunni Waqf Board must not look at the Babri Masjid related issue as just one single issue. How we deal with this issue can have deeper repercussions on several other disputed mosques and Muslim properties in the country. Accepting land of a mosque happily can send a wrong signal and encourage Hindutva hawks to demand similar verdicts in several other similar disputes, thus depriving the Muslim community in India of its rich legacy and heritage.