The five-acre land allotted for the construction of a mosque in Dhannipur in Ayodhya was not in any manner a barter or an exchange, but a relief carved out by the Supreme Court using its special powers, the trust set up to build the structure has asserted.
The clarification was issued by the Indo-Islamic Cultural Foundation following questions raised by AIMPLB member Zafaryab Jilani, who reportedly termed the mosque and other facilities being constructed in Dhannipur “illegal” and impermissible under the Shariah. Mr. Jilani had reportedly told reporters that the proposed mosque violated the Waqf Act, arguing that mosques or land for mosques cannot be bartered. It also violated the Sharia law, he had said.
Zufar Faruqi, chief trustee of the Indo-Islamic Cultural Foundation, said the objection regarding the prohibition on barter or exchange of waqf properties “is false or seemingly made without reading of the judgment of the Supreme Court.”
While the U.P. Sunni Central Waqf Board had argued before the Supreme Court that the erstwhile Babri Masjid was a waqf by user, such contention had not been accepted by the court, he said in a statement.
“Needless to say, no individual in any manner can claim to be the custodian of Shariah or the sole representative of Muslims in India. The instant statements have a tendency to create confusion and mislead the people,” Mr. Faruqi said.
Quoting the relevant paragraphs from the apex court verdict, the trust said that the judgment left no scope for a belated objection by anyone with regard to the proposed construction of the mosque and associated facilities, as being opposed to the Waqf Act, 1995.
A further reading of the judgment would clearly indicate that the land was directed to be allotted to the Board with liberty to further develop the same, added the trust. “It is unthinkable that a direction under Article 142 will be opposed to a legislation. Rather, as per Article 142 of the Constitution of India, an order so made is enforceable throughout the territory of India,” the trust said.
