Sameer D. Shaikh

A few days ago, a major anti-encroachment drive by the Delhi government sparked a heated debate and controversy. The action, particularly in a Muslim-majority area, led to tension for some time.

Since the administration carried out the drive without taking the locals into confidence, rumours spread that a mosque had been damaged, resulting in violent incidents like stone-pelting. This issue cannot be viewed solely through the lens of policing and law and order. The time has come for the Muslim community to engage in serious introspection regarding this matter.

Lack of dialogue

The lack of communication between the administration and local people while conducting such drives is a matter of concern. This is why even legal actions are perceived as 'religious targeting', giving rise to false rumours. The normalisation of 'Bulldozer Justice' further shakes the community's trust in the administration.

Years ago in Maharashtra, initiatives like 'Mohalla Committees' or dialogue campaigns were run to build trust between the police and the Muslim community; such efforts are rarely seen now. Consequently, the communication gap between the administration and the community widens, and the rumour mill works overtime.

Although no religious structure was damaged during this specific drive, Muslim intellectuals must address a fundamental question that arises from this pretext: What exactly is Islam's stance on religious places built on illegal land?

There is absolutely no support in Islam for any illegal or unethical act. If a religious place or a mosque is built by grabbing someone else's land or by encroaching upon public space, it is completely invalid in the eyes of Islam. The very foundation of Islam is based on the value of 'Adl' (Justice). Allah does not accept any prayer or worship performed through 'Zulm' (injustice).

The Quran provides clear guidance on this: "And do not consume one another's wealth unjustly." (Surah Al-Baqarah 2:188). Furthermore, Allah has warned, "Indeed, Allah does not like the wrongdoers." (Surah Al-Imran 3:57). These verses make it clear that if the foundation of a mosque stands on immorality or stolen land, the moral and spiritual sanctity of that structure is nullified.

Grave warnings in Hadith on encroachment

Prophet Muhammad's stance on property rights was extremely fair and strict. In a famous Hadith found in Bukhari and Muslim, the Prophet says: "Whoever takes a span of land unjustly, will be swallowed down into seven earths on the Day of Resurrection." (Sahih Bukhari 2452). This teaching forbids violating anyone's rights under any circumstances.

Another important Hadith states, "Allah is Pure, and He accepts only that which is pure." (Sahih Muslim 1015). Many Islamic scholars have stated that if the land or money used to build a mosque is 'Haram' (unlawful), such worship is not accepted in the court of Allah.

Historical Precedents

Historical examples in this context are very telling. During the reign of the second Caliph of Islam, Umar ibn al-Khattab, orders were given to demolish a part of a mosque because it had been built without permission on land belonging to a Jewish person. The Caliph considered giving justice to that Jewish individual more important.

A similar example comes from the time of Caliph Umar ibn Abdul Aziz. He ordered a portion of the famous Umayyad Mosque in Damascus to be demolished and the land returned to the local Christian community, as it was revealed that the land had been taken unjustly. Both these examples underscore that in Islam, 'Huqooq-ul-Ibad' (Human Rights) and justice are considered superior even to religious structures.

Modern scholars and objectives of Sharia

Even in modern times, renowned scholars like Dr Muhammad Hamidullah and Yusuf al-Qaradawi have maintained the same position: mosques must be built only on land acquired through legal and ethical means. Construction that hinders public interest or is illegal goes against 'Maqasid-al-Sharia', the core objectives of Islamic Law.

A crucial verse in the Quran asks: "Then is one who laid the foundation of his building on righteousness [with fear] from Allah and [seeking] His approval better or one who laid the foundation of his building on the edge of a bank about to collapse, so it collapsed with him into the fire of Hell? And Allah does not guide the wrongdoing people." (Surah At-Tawbah 9:109-110).

Need for introspection

Therefore, instead of getting carried away by emotions and resorting to violent protests, the Muslim community needs to adopt the Prophet's policy of dialogue and follow his commands. Fighting a legal battle with the administration is certainly a democratic right, but Muslims must realise that defending illegal constructions in the name of 'religion' goes against the very principles of their faith. Hence, knee-jerk reactions against the administration, especially violent ones, must be avoided.

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The society must mould its character in such a way that none of its actions violates the rights of others. Only by renouncing illegal practices and adopting the path of truth, the Constitution, and the law can we build our image as a respectable and peace-loving community.

(The author is the Editor of 'Awaz-The Voice- Marathi' and a student of Comparative Religion)