Babri Masjid Site Non-Negotiable, says Muslim Board After Emergency Meet

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The historic Babri Masjid at Ayodhya was demolished by Hindu extremists on Dec 6, 1992. — File photo

Abdul Bari Masoud | Caravan Daily

LUCKNOW/NEW DELHIIn a strong rebuke to a group of Muslim “intellectuals” advocating to gift the Babri Masjid and its land to “Hindus’, All India Muslim Personal Law Board (AIMPLB) on Saturday rejected it categorically saying that the land where Babri Masjid was once stood cannot be “surrendered as gift’ in accordance with the Shariah.

Board also announced that it would shortly challenge the constitutionality of the controversial Muslim Women (Protection of Rights on Marriage) Act 2019 in the Supreme Court.

 The Board’s Working Committee meeting at the Darul Uloom Nadwatul Ulema in Lucknow held under the Chairmanship of Maulana Syed Mohammad Rabey Hasani Nadwi, president AIMPLB, discussed various issues including the ongoing hearing of the Babri Masjid case in the apex court and the  recently enacted Triple Talaq law. The Board passed three resolutions to underline its stand on the demolished Babri masjid,  TT act and Uniform Civil Code.

On Babri masjid issue, the Board made it clear that the Muslim community’s basic stand that the land which is once dedicated for Masjid, its status cannot be altered, changed or transferred in any manner.

“It was resolved to reiterate the basic stand of the Muslim community that the land which is dedicated for the Masjid, its status cannot be altered, changed or transferred in any manner. The law of Shariah does not permit it. Therefore no Muslim can surrender or transfer such Wakf land.”

Expressing the hope of the positive verdict in the Babri Masjid title case, the Board said  the submission of Muslims is based on historical facts and evidences that Babri Masjid was constructed without demolishing any Mandir or any other place of worship.

 “The AIMPLB expresses satisfaction of presenting the facts/evidences presented by its senior counsel, Dr Rajiv Dhavan under whose leadership the legal team of AIMPLB ably argued the case before the Apex Court. The AIMPLB expresses the optimism that the honourable Supreme Court will pronounce judgment in favour of Muslim comunity which will be based on right, fairplay and justice.”

Referring to the recent meeting held in Lucknow by a group of little known Muslim ‘intellectuals’, advocating negotiated solution and gifting Masjid to Hindus, Board  said that it has fully participated in mediation efforts but  they failed to present any just and honorable solution.

“Several proposals were mooted for mediation of the issues relating to Babri Masjid and the AIMPLB has fully participated in them, with full hope that any solution based on justice can be found. But after several efforts it is now clear that there is no possibility of mediation / reconciliation. Therefore it is obvious that since Legal proceedings are in the final stage there is no possibility of any mediation/reconciliation now,” the resolution said.

The meeting also noted that “The litigation of Babri Masjid is not only watched by our Nation but also by international community. It is a test case for the basic values of secularism enshrined in our Constitution. It is needless to say that ultimate judgment of the apex court will be in consonance with the rule of law and basic values of the Constitution.”

The Board also placed a word of appreciation to  the legal team comprising of Sr. Adv. Dr. Rajiv Dhavan, Sr. Adv. Shekhar Nafde, Sr. Adv. Mrs. Menakshi Arora, Sr. Adv. Yusuf H. Muchala, Sr. Adv. Zafaryab Jilani, AOR, Adv. Shakeel Ahmad Syed, Eijaz Maqbool, M.R. Shamshad, Irshad Ahmad, Fuzail A. Ayyubi and their juniors namely, Ms. Akriti Chouby, Qurratulain, Parvez Dabaz, Uzmi Jameel Husain, Aditya Samaddar, MS Saira Haq and other junior advocates for their  hard work upto the high expectations of the legal profession of hard work, dedication and sincerity.

On the common civil, the Board flagged that India is inhabited by multi cultural and multi religious society and each group has its constitutional rights to maintain its identity.

 It warned that the very concept of uniform civil code is a threat to the Indian diversity and  added that “There are attempts to destroy this diversity by various methods/means. In case any attempts are made to destroy this diversity either through Court or Legislative measures, it will be the duty of the Board to oppose it in democratic and peaceful manners.”

 The Board also made it clear that any attempt to enact UCC will not only affect Muslims but will also adversely affect the cultural and social rights of tribals and other religious minorities.

“Therefore, the Board demands that the Courts of the day, whether central or provincial, should abstain from this anti national activity.”

The Board meeting also deliberated on the recently enacted the Muslim Women (Protection of Rights on Marriage) Act 2019. As reported earlier, the Board said it would challenge this controversial law in the apex court.

Speaking to Caravan Daily, Dr SQR Ilyas said the meeting also discussed the issue of Darul Qaza in the light of Supreme Court judgement which upheld Darul Qaza as arbitration centres.

“Board’s legal committee presented its report and stated that more time needed to frame regulations for Darul Qaza in accordance with the Supreme Court judgement. Qazis have no right to annul the nikah ex-parte in the arbitration process.”

The Board members in the meeting also discussed other issues including the cases related Muslim personal law in various courts of the country, Dr Ilyas informed.

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