On August 8, 2017 Shia Central Wakf Board of UP filed an affidavit in the Supreme Court, stating that they do not have any objections to shifting of the Babri Mosque from the disputed site to a new location away from the present location. They have suggested that the new structure could be constructed in a Muslim majority area which is a reasonable distance away from the present site. The Shia Wakf Board has also claimed that the Babri mosque site was its property and only it was entitled to hold negotiations for an amicable settlement of the dispute.
The Shia Board has also made vitriolic remarks and allegations that the Sunni Wakf Board is dominated by extremists, fanatics and nonbelievers in peace. Shia Wakf Board is currently not a party to the title dispute in the case. The Shia Wakf Board had lost a case over the disputed structure in 1946. Now it is seeking to reopen the issue and has appealed to the Court to intervene and allow it to present its case in the title suit.
LUCKNOW BENCH OF ALLAHABAD HC IN 2010
It can be recalled that in 2010 the Lucknow Bench of the Allahabad High Court had suggested a three-way division of the disputed 2.77 acres area at the Ram Janambhoomi-Babri Masjid site in Ayodhya. The three-judge bench of the Allahabad High Court by a 2:1 majority, had said the land be partitioned equally among three parties – the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla (Represented by VHP).
On a petition filed by Dr. Subramanian Swamy, seeking urgent hearing in the dispute, Chief Justice of India J.S. Khehar had constituted a three-judge bench comprising Justice Dipak Mishra, Justice Ashik Bhushan and Justice S.A. Nazeer to hear a batch of petitions which had challenged the Allahabad High Court Verdict in Ayodhya land dispute case. The Bench was expected to begin hearing in the case from August 11, 2017.
SUNNI WAKF BOARD RESPONSE
The stand taken by the Shia Wakf Board seems to have been taken under the influence of saffron parties ruling the country. The draft of the affidavit itself clearly shows that it has been drafted by the saffron leaders and Shia Board leaders have just signed the affidavit. The Shia Board must understand that this could have serious repercussion on the Muslim community and thousands of their properties in the future.
The stand taken by the Shia Board appears to be malicious and has the potential to enrage both communities and foment heartedness and sectarian violence. It has already received wide criticism from many leaders, including Shia leaders. Majlis-e-Ulama-e-Hind on August 9, 2017 has discredited the affidavit filed by the UP Shia Wakf Board which has proposed shifting of the Babri Masjid to a new location, as a ploy to create a rift between Sunni and Shia Muslims in the country. The Ulema have further added that the Shia Wakf Board affidavit has no legal or religious sanctions and it does not hold true for the entire Shia community.
Maulana Kalbe Jawad, General Secretary of the Majlis-e-Ulama-e-Hind, said, “A mosque has no Shia or Sunni character and is for the worship of Allah. Its caretaker can be a Shia or a Sunni Muslim,” he added. Responding to the allegations made by the Shia Board, Mr. Zufar Ahmad Faruqi, Chairman of the UP Sunni Wakf Board has asked the Shia Board to make it clear who it is referring to as extremists, fanatics and nonbelievers in peace. “There is not a single person in the Uttar Pradesh Sunni Central Waqf Board who can be charged with such heinous allegations,” he added.
SHIA-SUNNI UNITY CRITICAL
There are several challenges which the Muslim community is facing in India under the new saffron administration which has its ulterior motives of subjugating Muslims, Dalits and other minorities. Day in and day out Muslims are being beaten, butchered, killed, and arrested often without valid reasons. Their symbols and identities are being questioned, attacked and destroyed. Their patriotism is being questioned almost on a daily basis. Majoritarian and un-Islamic ideologies are being imposed on them in the name of nationalism and patriotism. In this kind of scenario, instead of uniting all the Muslims without any Shia-Sunni differentiation, the Shia Board is indulging in activities which have the potential to do irreparable damage to the entire Muslim community in the country.
MOSQUE WILL ALWAYS BE A PROPERTY OF ALLAH
This latest initiative of Shia Wakf Board may get some temporary accolades and honours from the ruling establishment, but in the long run they will get only the brickbats from the Muslim community and peace loving people of this great nation. They must understand that a mosque will always remain a mosque till the end of this world. It belongs only to Allah. No individual or organisation has a right to change the ownership of a mosque. Whenever any new mosque is built, great care is taken to ensure that only legal properties are purchased with funds collected from only Shari’ah permitted sources and utilised only Islamically.
BABARI MOSQUE SITE LOCATION
The Hindutva brigade believes in the theory that a Hindu place of worship was existing at the disputed site, for which no concrete evidence has been found so far even after innumerable expeditions near the disputed site. On the other hand, even if we assume that there was a temple existing at the dispute site, which was demolished by Babar, such a move would not have gone unnoticed from the Ulema and scholars of that time. It has been recorded in history that whatever un-Islamic traditions and activities were carried out by Mughal rulers during their rein, many Ulema fearlessly fought, went o jails, suffered torture but did not toe the lines of the rulers of their times. Prominent among them was Mujadid Alfe Sani, who bravely fought the Mughal emperor Akbar, when he opened the floodgates of Un-Islamic traditions and cultures, created the new religion called Deen-e-Ilahi, banned cow slaughter, restricted Islamic practices for Muslim soldiers, etc. Due to Mujajid Alfe Sani and Abdul Haq Muhaddis Dehlawi’s efforts there was a revival of Islam in the subcontinent. Even Dr. Allama Iqbal has paid rich tributes to Mujadid Alfe Sani for his great and noble contribution to Islam in those dark days of Mughal rule.
PRESERVATION OF MUSLIM PROPERTIES
Shia Board must understand the implication of an unjust settlement of the Babri Masjid dispute. If the Muslim community concedes to their demand of giving up the claim on the disputed land, the Hindutva brigade will not be content with this settlement. Their appetite will get a boost and they are likely to demand more and more and will shift their attention to other disputed properties such as Kashi and Mathura, etc. Therefore Babri Masjid dispute should not be looked at as just an issue of handing over one piece of land. It is a matter of preservation and protection of thousands of Muslim places of worship and other properties in the country. If any wrong precedent is set by succumbing to the pressure from the saffron forces, the same precedent will be used by them in future to disempower the community and claim more and more properties belonging to Muslims, Wakf Board and other minority institutions.
STRONG FAITH IN JUDICIARY
Muslims are peace-loving people who have contributed immensely to the development and progress of this great nation. They have full faith in judiciary and firmly believe that justice will be done in this case. Even the Central Sunni Wakf Board had reiterated umpteen number of times that they would go by the verdict of the court. At this stage when the HC is beginning the hearing, the actions by the Shia Wakf Board adding new dimensions to vexatious issue is likely to complicate the matters further besides emboldening those who don’t believe in the Peace and Judicial settlement.