In the previous article we explained how it was established in the Lucknow Bench of Allahabad High Court that how a temple predated a mosque at the Ramkot Mohalla where the site in dispute is located in Ayodhya. Now we will explain how a mosque cannot be constructed within the Islamic laws over the place and how as per the Islamic laws any mosque constructed at such a place ought to be declared as ‘najas’ or impure for the Muslims. Hence the property is not a valid Waqf property.
The great Imam Abu Haneef recognised the Hindus as Dhimmis in 712 AD and Babur was the follower of the great Imam had no right to erect a mosque over a non muslim shrine. The Hindus had paid Jaziya to the Emperor Babur during his reign which was a protection tax and it was the duty of the Islamic ruler to protect the shrine of the such tax payers. It is mentioned in the relevant extracts from Hadith Sahih Bukhari 4.386 pg.836-837. Since neither Babur nor his commanders were the owners of the Janmsthan, they should not have erected the mosque and any such building cannot acquire the character of a mosque, so the Muslim community should return the land to Hindu community as a friendly gesture and correct the mistakes by an opium consuming, hardcore alcoholic who defiled the name of Islam.
Even after defeating Ibrahim Lodhi at Panipat, Babur only acquired the territories of the former. Since Janmsthan was not the property of Ibrahim Lodhi in 1526, Babar too had no claim over the land . According to the divine law of Sharia, a momin can construct a mosque over a land only when he is the rightful owner of the land. Even Shahjahan acquired the land from Raja Jai Singh for the creation of the Waqf property of Taj Mahal as it belonged to a non muslim as evident from the Shahi Farman of Shahjahan to this effect. In Islamic jurisprudence, no emperor is above the Islamic Law of Sharia, so the acts done by the iconoclast Babur should stand nullified just like a common man if they were in contravention with the laws of Islam.
In the Waqf Board report published in 1941 that speaks about the mosque being constructed by Babur and one Abdul Baqi being its Mutawali has not been substantiated by any relevant documents. This is all while when we all grew up believing that one Mir Baqi had constructed the mosque and it was he who should the first Mutawali. Another sheet anchor of the case of the Muslims is the presence of three inscriptions which owe the construction of the mosque to Babur and Mir Baqi. However one of them dates it to 923 Hijri and the other to 935 Hijri. The year 935 Hijri corresponds to the year 1528 but the year 928 Hijri corresponds to the year 1516-17 i.e. a year when Babur was struggling to save his life in Fergana, Uzbekistan. This was established in the suit no. 29 of 1945 Shia Waqf Board Vs.Sunni Waqf Board. The two inscriptions were damaged in the riots of 1934 and restored by one Tehwoor Khan. Hence, it transpires that even if Babur demolished the mosque, it was illegal and against the tenets of Islam. along with it, no credible evidence can substantiate the fact that any Mir Baqi or Babar constructed the mosque. Hence no valid Waqf can be created over it and even if the Namaz was being offered over it, it stands immaterial.