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JURISTIC DECISIONS ON SOME CONTEMPORARY ISSUES

Position of Mosques according to Shariah

The role of mosques is central in the Islamic life and the Shariah takes categorical position regarding their establishment, repair and maintenance and their shifting from one place to the other. On the one hand the process of urbanisation has raised several issues in this regard and on the other the anti-Islamic forces have made several mosques as the targets of their hatred and antagonism towards Islam and such mosques came under historical and administrative controversies pressing the Muslim Community to reconsider their claim on the land and structure of the mosques at a given place. Hence, the Thirteenth Seminar of the IFA thought it proper to consider the matter in the emerging situation in the country and elsewhere in the world and to guide the Ummah in an appropriate manner on the issue. The following decisions were set out on the occasion.

5.1 The stand of Islam about the status of mosques is quite clear. Scholars have unanimity on the point that a mosque once constructed shall remain a mosque till Dooms. It can neither be sold or bought nor be gifted to any one. No individual or government can change its status. Mosque is, in fact, a piece of land endowed to the cause of religion and worship. A mosque is not a set of walls and arches and the material used in its construction. Hence, if the structure of a mosque is demolished aggressively or no prayers are offered or allowed in it for a long time due to some reason, it shall not cease not to be a mosque in any case. Shariah obligates the Muslim to resume offering prayers in it.

5.2 The purpose of a mosque is to worship the Creator of the universe and to negate the worship of everything other than Allah. Permission can never be granted to build an idol temple in place of the mosque, as it will be detrimental to the cause of the mosque. It will not only be against the principle of religion and faith but also against reason to make use of a thing for a purpose contrary to it.

5.3 Islam is the sole representative of the Unity of Allah. It invites the entire humanity to the eternal truth that the Creator of the entire universe is the Absolute Being who does not take partners with him. Besides, it also teaches us co-existence and justice and does not believe in compulsion in religion. It forbids people from grabbing individual, social or religious property of a community to convert it forcibly into a mosque. Therefore, it is wrong to claim both historically and religiously that the Muslims forcibly occupied the property belonging to another community to turn it into a mosque.

5.4 This seminar of the Islamic Fiqh Academy unanimously clarifies that any compromise aimed at changing the status of Babri Mosque or any other mosque to convert it into a temple shall never be acceptable to the Muslims of India.

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