By Anwarulhaq Baig
NEW DELHI: Former Vice Chancellor of IILM University in Gurugram Prof. Afzal Wani, who is also a former Member of the Law Commission of India, has called for the formation of a task force to document Islamic sites and urged the Muslim community to adopt corporate strategies for effective media representation to counter threats to historical mosques in India.
Addressing a gathering at the Jamaat-e-Islami Hind headquarters here recently, Prof. Wani discussed in details the critical issue of “Historic Mosques and the Places of Worship Act 1991.” He emphasized the need for Muslims in India to adopt a more strategic and intellectually robust approach to safeguarding their religious institutions.
Expressing concerns over the current state of Islamic worship places in India, he drew attention to how legal protections under the Places of Worship Act were being undermined.
The Act, which was enacted just before the Babri Masjid demolition, was designed to preserve the religious character of places of worship as they existed on August 15, 1947, and to prevent the conversion of these places to different religious denominations.
Prof. Wani explained, “If it is not allowed to convert a mosque from one sect to another within the same religion, then the question of turning a mosque into a temple does not arise at all according to this law.”
However, Prof. Wani clarified that while the law aims to maintain the religious character of places of worship as they existed on August 15, 1947, it is not a panacea. “It’s a mistake to think that now that the law exists, mosques are completely safe. That’s not the case,” he cautioned.
Expressing concern that the Muslim community may not have adequately prepared for effective implementation of this law, Prof. Wani urged Muslims to allocate time for serious thought and preparation in this regard.
“This law provides recognition, but it’s just a symbol. It’s an indicator. But after recognition, if you have a plot of land and you’re not doing anything with it, the whole neighbourhood will dump garbage on it,” Prof. Wani said. “The law exists, but if you don’t have the potential to maintain it, what use is it?,” he asked.
The scholar elaborated on the limitations of the law, noting that it requires a supportive system to be effective. He cited Jeremy Bentham’s theory of legislation, which states that law needs religious, social, moral, ethical, and economic power behind it to function properly. “If these aren’t behind the law, it won’t do its job,” he explained.
The scholar pointed out that opponents are aware of the Muslim community’s current limitations in fully utilizing this law’s provisions. He drew parallels with historical revolutions, including the American Revolution against British rule, to illustrate how laws can be changed or overthrown when there’s sufficient will and organization.
Several high-profile legal cases have emerged in recent years challenging the status of prominent mosques, despite the protections ostensibly offered by the 1991 Act:
– The Gyanvapi mosque in Varanasi faces an ongoing lawsuit seeking to survey the site for alleged evidence of a pre-existing Hindu temple.
– Hindu groups have filed petitions regarding the Shahi Idgah mosque in Mathura, claiming it was built on the birthplace of the Hindu deity Krishna.
– The Bhojshala complex in Madhya Pradesh, which houses both a mosque and Hindu shrine, has seen disputes over usage rights.
These cases often leverage exemptions in the 1991 Act related to ancient monuments and archaeological sites. Touching upon these controversies without naming specific cases, the former VC highlighted a potential loophole in the 1991 Act. He argues that the law’s exemption for ancient monuments and archaeological sites has been exploited, noting that this creates “a loophole to create evidence” by conducting surveys and excavations at mosque sites.
“Suits are filed on the basis that alleged evidence was found in mosques or Muslim religious places,” he explained. “It’s an attempt to create evidence.” Wani argued that such tactics are used to undermine the protection offered by the Act. He also pointed out that the 1991 Act explicitly exempts the Babri Masjid case from its provisions.
Speaking about the Babri Masjid, Prof. Wani emphasized that the Supreme Court judgment definitively declared that the mosque was not built after demolishing a temple. He urged Muslims to highlight this fact to the public, asserting that the Babri Masjid was not constructed on a temple site. However, Wani lamented that he has yet to see any scholarly work that addresses this issue exclusively.
He also referred to a judgment from the Allahabad High Court on the Babri Masjid case, where Justice Sudhir Agarwal suggested meeting with another Muslim judge to determine whether the Constitution’s spirit was better served by keeping the site as it was or by relocating Muslims from the area. Prof. Wani expressed concern that this issue has not been adequately debated or highlighted, and he stressed the need for a detailed examination to determine whether any constitutional violations are occurring.
Regarding the Supreme Court’s November 2019 judgment, which allocated five acres of land for Muslims to build a mosque as compensation for the demolished Babri Masjid site, the former VC questioned the fairness of this decision. He argued that while jurists have discussed the land allocation, no one has addressed the issue of rebuilding the mosque on the original site, questioning why an alternate plot was provided instead of restoring the mosque at its original location. He argued that this separation goes against the constitutional ideal of fraternity.
“The Constitution teaches us fraternity. The world is shown how much fraternity there is in India, with temples, churches, and gurdwaras coexisting. But in the Babri Masjid case, why are you creating separation?” he asked.
Stressing the need for a robust response from the Muslim community to address ongoing challenges to their mosques and religious places, Prof. Wani proposed the formation of a task force to document historical evidence of mosques and other Islamic sites, reinforcing their status through comprehensive records and legal documentation. “There’s a need to document when these mosques were built, how, and why, using historical evidence, revenue records, and other types of records,” he advised.
For this cause, the scholar emphasized the importance of organizational skills and corporatization for the Muslim community. He suggested forming companies, firms, startups, and social organizations to handle documentation and media representation effectively in cases related to mosques and other religious places. “If you have documents, potential, and the power of media and social media, false cases become very weak,” he explained.
Wani further noted that despite having a favourable government and legal framework in the past, there had been a lack of proactive measures to protect mosques and other religious sites. He criticized the passive approach and urged Muslims to actively engage in legal advocacy and public discourse to uphold their rights.
Regarding the Waqf Amendment Bill, which allows non-Muslims to be members and CEOs of Waqf boards, Prof. Wani expressed disagreement. He argued that as Waqf institutions are purely religious, their administration should remain in the hands of Muslims, just as other religious trusts are managed by members of their respective faiths.
Prof. Wani also highlighted the often-overlooked influence of Islamic jurisprudence on Western legal systems. He questioned, “How much influence does Islamic jurisprudence have on American jurisprudence? How much influence does the message of Prophet Muhammad from 610 CE have on the Magna Carta of 1215?” He argued that the Muslim community should be more proactive in showcasing the contributions of Islamic thought to global jurisprudence.
The scholar stressed the importance of potential and knowledge within the Muslim community. “Allah says that knowledge comes from Him. Knowledge is power,” Prof. Wani stated. He emphasized that the mosque is not just a place of prayer but the best institution for manifesting the faith and a source of knowledge and potential for the community.
Also addressing the issue of leadership, Prof. Wani criticized some Muslim leaders for focusing solely on protecting Muslims without adequately promoting Islamic thought and ideas. “We’re only presenting our thoughts or understanding; we’re not enforcing anything with force,” he clarified, emphasizing that Islamic principles offer protection and respect to all faiths. The scholar proposed writing about “Islamic alternatives for India,” explaining how Islamic principles could ensure the protection of all places of worship. He stressed that Indian Muslims, whom he considers “the best cross-section of Muslims in the world today,” are capable of undertaking this task with proper guidance and motivation.
Prof. Wani concluded by urging the Muslim community to understand these sensitive issues and act promptly. “If the right decision isn’t made in time, others will take advantage,” he warned. He called for a comprehensive understanding of the strengths and weaknesses of current laws and rules regarding mosques, as well as the strengths and weaknesses of the present system.
