WAKFS

The Jama Masjid Case - Documents Wakf

Award of the Arbitrator, April, 1975 (Extracts)

The Delhi Wakf Board and Janab Abdullah Bukhari had agreed to appoint me as Arbitrator into the affairs of  Jama Masjid. Since 17.2.1975 when I took the matter in my hands in the above capacity, I have considered all aspects of this case, discussed it with many Scholars belonging to various schools of thought, met the Members of Delhi Wakf Board and discussed with Janab Abdullah Bukhari and I considered the matter impartially.

Masjid is the house of Allah. Masjid cannot be an individual's property. No individual or family can make it their personal property, nor can it establish its dominion over it Jama Masjid Delhi is no exception.

Out of many traditions here, one was that the Imam of this Mosque had been from one family.

But Islam does not believe in the hereditary character of the high office of Imam. One can only become Imam if he fulfills the basic requirements of this high office as per Islamic law and who has the confidence of the general Muslim community.

Imamat (the office of Imam) cannot be transferred to the legal heir. Delhi High Court in its famous Judgement in the matter of Masjid Fatehpuri, has hold Judgement in the matter of Masjid Fatehpuri, has hold that Imamat cannot be the legacy of the family.

It would advisable that the cultural traditions be honoured if they are not against the basic principles of Islam or it could be felt that the deviation from the cultural traditions could cause breach of peace or a set-back to the unity of the Muslims. So would it be advisable to honour the cultural traditions in the matter of Jama Masjid.

Delhi Wakf Board, too, has endorsed the hereditary character of the high office of Imamat of Jama Masjid and by virtue of this, it has recognised Maulvi Hafiz Syed Hameed Bukhari as the Imam and Janab Syed Abdullah Bukhari as Naib Imam of Jama Masjid. The Wakf Act 1954 also empowers Delhi Wakf Board to appoint the Imam of Jama Masjid.

It has become essential to make some administrative changes in the affairs of Jama Masjid. As an Arbitrator, I propose the following changes.

1. The present Naib Imam Janab Syed Abdullah Bukhari be recognised as Imam of Jama Masjid and Delhi Wakf Board should confirm the same. His monthly honorarium be enhanced from the present Rs. 625/- (being paid to his father) to Rs.1011/- p.m.

2. Janab Syed Ahmad Bukhari, s/o Janab Syed Abdullah Bukhari be recognised as Naib Imam and his honorarium be enhanced from Rs.321/- p.m. to Rs.501/- p.m.

3. There should be an increase in the salary of other staff of Jama Masjid in consultation of the Chairman, Delhi Wakf Board and the Imam of Jama Masjid.

4. Jama Masjid will be run by a Committee - "Jama Masjid Committee". The Arbitrator will constitute the above Committee in consultation with Imam Saheb and Delhi Wakf Board. Imam Saheb will be the president of the said Committee and the naib Imam would be a member of the same.

5. The Committee will keep the income and expenditure account of Jama Masjid which would be checked by Delhi Wakf Board. The Committee would be responsible for the internal affairs of Jama Masjid.

6. Jama Masjid will not be used for political or personal ends.

7. Janab Maulvi Hafiz Syed Hameed will relinquish the office of Imam and he will be paid a life time honorarium of Rs.501/- p.m.

8. The Award has been accepted by Chairman, DWB and Imam Jama Masjid Syed Abdullah Bukhari and they have both signed this document.

Sd/- Party.No.1

Sd/- Party No.2

Sd/- Mohd. Shafi Qureshi (Arbitrator)

Government Statement On Scheme for Imam's Remuneration under Order Supreme Court

In compliance of Hon'ble Supreme Court's direction dated 13th May, 1993 in Civil Writ Petition NO. 715 of 1990 that Union of India and Central Wakf Council should prepare a scheme for payment of remuneration to Imams of different types of mosques, a scheme was prepared and submitted to the Hon'ble Court by Central Wakf Council on 2.1.1996 and by the Central Government on 5.1.1996.

The responsibility for implementation of the said scheme shall lie with the appropriate State Wakf Board and no estimates have so far been prepared by the State Governments or State Wakf Boards in this regard.

The Central Government have not given any grants-in-aid to any Wakf Board for the purpose. (Source: LSUQ NO. 2615 dated 10 December, 1996 by Mukhtar Anis)

K.S. Dakshina Murthy on Misappropriation of Wakf Property in Bangalore

A multi-storeyed commercial complex worth several crores  in Bangalore's busy City Market area has been built on land once owned by the Wakf Board. Sources said that the Wakf land was taken over under dubious circumstances by a construction company of which Mr. Ibrahim is managing partner.

Back in 1965, a State Government gazette notification MBW 19(1)64 dated 7.6.65 confirmed the Wakf land's status as a burial ground. It belonged to Dargah Hazrat Ibrahim Ali Shah Sahib at Kumarpet in the City Market area. It was valued at Rs. two lakh at prices prevailing 30 years ago.

On June 22, 1974, the caretaker of the property, Mohammad Raza Ali Shah Shuttari, wrote to the Wakf Board asking that it lease the land to him.

Later, on October 27, 1975, an organisation, Jamaat-e-Islahul Muslimeen sought the property from the Wakf Board. A prominent politician, Mr. Azeez Sait, who was then chief of the State Tourism Development Corporation wrote to the then Minister of Wakfs S.M. Yahya 9recommending that the land be leased to the organisation.

Following this, the Wakf Board, which was then (under) an administrator, Mr. Mir Jafar Ali Khan, directed that the land be handed over to the caretaker. The State Wakf Minister was none other than the current Union Minister, Mr. Ibrahim who had replaced Mr.Yahya.

A couple of years later, before the caretaker died, he handed over the property as "meher" in the form of "hibba" (Oral Gift) to his wife Zeenat Unnisa. The caretaker's wife leased out the burial ground to one Bhanumathi K. Patil, wife of Kantibhai Patil, a partner of the construction company called Express Constructions. Mr. Ibrahim shortly after, became managing partner of this company, and thus part owner of the property.

The lease many in the Muslim community allege is "illegal". The descendants of saint Nawab Ibrahim Ali whose land it originally was, appealed against the move. However, this yielded no result. In 1991, as managing partner, Mr. Ibrahim signed an agreement with a contractor to build the commercial complex on the Wakf property.

Parliament has constituted a Joint Parliamentary Committee to scrutinize the working of various Wakf Boards in the country.

(Some of) prominent Muslim personalities in the city have written to the committee complaining about the manner in which Mr. Ibrahim took possession of the Wakf property. In the City Market area.                                       

Shahabuddin's Letter to Minister of Welfare, 18 February, 1997

May I draw your attention to the press report regarding the alleged unlawful transfer of a wakf property in Bangalore near the City Market first to its caretaker, the late M.R.A.S. Shuttari and then by his widow to Express Constructions, of which your colleague Mr. C.M. Ibrahim, the Minister of Information & Broadcasting, is the part owner and was then the Managing Partner.

The wakf property was a graveyard attached to the Dargah Hazrat Ibrahim Ali Shah. Now a commercial complex has been built over it.

I would suggest that before the matter gets further publicity, you may like to ask the State Wakf Board about the facts of the case and, in particularly, the purpose for which a graveyard was leased to the late Mr. Shuttari in 1974 -75.

P.T. Bopanna On Gutka King and C.M. Ibrahim

The presence of Union Information and Civil Aviation Minister C.M. Ibrahim at a function held recently at Shimoga to felicitate gutka king Kothari has raised many eyebrows. The felicitation function was organised by a section of the areca nut growers of Shimoga and was opposed by the other section.

Magsaysay Award winner K.V. Subbanna had opposed the felicitation on grounds that gutka is harmful to health and is ruining the younger generation.

Those opposed to the function questioned the propriety of Mr. Ibrahim attending the function when it is the policy of the Government that gutka (pan masala) packs should carry the statutory warning that its consumption is injurious to health.

The J.H. Patel Government has constituted a committee headed by veteran educationist Dr. H. Narasimhaiah to examine the adverse impact of gutka on youth and suggest remedial measures. Mr. Ibrahim had announced that he would recommend the name of Mr. Kothari for appointment as non-official member in one of the panels’ in. the airlines sector.

Hitherto, the Southerners were used to chewing scented supari (areca nut). But high-profile advertisement campaigns have ensured the popularity of gutka in the South. The attractive packaging has helped it to gain popularity, especially among the younger crowd. Most of the street corners in the major urban centres in the southern States have Banarasi beeda shops which also sell gutka. Gutka also comes in smaller packets to suit the purse of students. The seriousness of the problem can be gauged from the fact that the issue figured in the legislatures of Karnataka and AP in the past couple of days and there has been vociferous demand for a ban on gutka, a tobacco product which causes cancer.

In AP Assembly, Health Minister N. Janardhan Reddy, said the Government was actively considering ban on gutka and if necessary, adopt a resolution asking the Centre to amend the law.