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The law protects the Babri Masjid even if it was constructed on the site of a temple after demolishing it, but in the interest of communal amity, as a one-time exception, the Muslim community is willing to make the offer, as a moral gesture, in accordance with the Shariat.

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It has always been our position that the Babri Masjid was never built by demolishing any mandir or any Hindu place of worship. The Supreme Court has also affirmed our position in its judgment… The Supreme Court has clearly stated that namaz was offered in the masjid till the night of December 22, 1949 (when idols were placed inside the central dome). The Supreme Court also accepted that placing of the idols in the masjid…was an illegal act. It accepts in its judgment that demolition of Babri Masjid on December 6, 1992, was an illegal, unconstitutional and criminal act. It is indeed regrettable that after accepting all these facts, the apex court in an extremely unjust verdict handed over land of the masjid to people who had placed idols in the mosque in a criminal manner and were party to its criminal demolition.

One of the contenders in the Ayodhya history debate, the “hypothesis” that the Babri Masjid had been built in forcible replacement of a Hindu temple, had been a matter of universal consensus until a few years ago. Even the Muslim participants in court cases in the British period had not challenged it; on the contrary, Muslim authors expressed pride in this monument of Islamic victory over infidelity. It is only years after the Hindu take-over of the structure in 1949 that denials started to be voiced. And it is only in 1989 that a large-scale press campaign was launched to deny what had earlier been a universally accepted fact.

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The foregoing study of the architecture and site of the Baburi Masjid has shown, unequivocally and without any doubt, that it stands on the site of a Hindu temple which originally existed in the Ramkot on the bank of the river Sarayu, and Hindu temple material has also been used in its construction, and we are of the firm opinion that the mosque was never built anew on virgin land. Syed Shihabbuddin and his associates have already agreed, in principle, ‘to demolish the mosque with their own hands’ if it is proved that it stands on a Hindu temple site and is built with Hindu temple materials. It is.

Our party is for the building of the temple to Lord Ram, and we should, if possible, work towards an amicable settlement which, while upholding the principles of secularism, enables the construction of the temple to start, with the approval and support of all concerned. ... The key issue appears to be whether or not there was a temple erected to Lord Ram at the site where the Babri Masjid stands today. This question of historical fact would appear to hold the key to a resolution of the problem to the satisfaction of all reasonable, secular-minded persons of all communities.

The notion that Babur’s officer destroyed a temple dedicated to Rama’s birthplace at Ayodhya and then got the emperor’s sanction to build a mosque on the site – the Babri Masjid – was elaborated in 1936 by S.K. Banerji. However, the author offered no evidence that there had ever been a temple at this site, much less that it had been destroyed by Mir Baqi. The mosque’s inscription records only that Babur had ordered the construction of the mosque, which was built by Mir Baqi and was described as “the place of descent of celestial beings” (mahbit-i qudsiyan). This commonplace rhetorical flourish can hardly be construed as referring to Rama, especially since it is the mosque itself that is so described, and not the site or any earlier structure on the site.

The fact that Hindu temple materials (14 black-stone sculptured pillars) have been used in the Babri Masjid is not an unusual feature requiring a special explanation; on the contrary, it was a fairly common practice meant as a visual display of the victory of Islam over infidelity. It was done in many mosques that have forcibly replaced temples, e.g. the Gyanvapi mosque in Varanasi (in which a part of the Kashi Vishvanath temple is still visible), the Adhai-Din-ka-Jhonpra mosque in Ajmer, the Quwwat-ul-Islam mosque in Delhi, or, outside India, the Jama Masjid of Damascus (which was a Christian cathedral)... There are Hindu temple materials in mosques attributed to Babar in Sambhal (replacing a Vishnu temple, and dated by archaeologists to the Sultanate period, just like the Ayodhya “Babri” Masjid) and Pilakhana. Local tradition affirms that the Babri Masjids in Palam, Sonipat, Rohtak, Panipat, and Sirsa have replaced Brahminical or Jain temples. The contemporary Tarikh-i-Babari describes how Babar’s troops “demolished many Hindu temples at Chanderi” when they occupied it.

The foregoing study of the architecture and site of the Baburi Masjid has shown, unequivocally and without any doubt, that it stands on the site of a Hindu temple which originally existed in the Ramkot on the bank of the river Sarayu, and Hindu temple material has also been used in its construction.

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Whether the temple was destroyed by Mohammed Ghori in 1194, or by Babar, or by a ruler in between these two, or even by more than one of them (since Hindus were tireless rebuilders if given a chance), this all makes no difference to the facts pertinent for the Hindu case: one, there was a temple there since at least the eleventh century, attested by archaeology : two, the use of temple materials in the Babri Masjid entirely fulfills a set pattern of temple destruction followed by replacement with a mosque; three, Hindus continued to worship on the spot to the extent possible, as witnessed by travelers and locals, something they would never have done except on a specially sacred spot and in continuation of a pre-Masjid tradition.

In their well-known and oft-quoted statement on the Ayodhya controversy, the JNU historians have rejected the contention that there was a temple on the disputed spot before the Babri Masjid was built there. This is a wildly improbable contention. There is a general cultural pattern that would have made people build a temple there, a very important one. If you go to Ayodhya and walk to the Masjid/Janmabhoomi, you will find yourself walking uphill, even after passing the Hanuman Garhi which itself is on a little hill. Relative to the flatness of the entire Ganga basin, the disputed split is quite an elevated place, and it overlooks Ayodhya. Now, either prince Rama was a historical character, born in the castle of the local ruler, which would logically (i.e. strategically) have been built on this elevation, and then his birthplace temple would also have to be there. Or we do not assume Ram's historicity (without necessarily excluding it) and we also do not assume that he was born there, which is the JNU historians' position, and then the question is reduced to whether people would have refrained from building a temple on this hilltop. Ayodhya is a place of pilgrimage and temple city of long standing. The JNU historians themselves cite evidence that it housed important temples of the Buddhists, Shaivas and Jains. In such a temple city par excellence, it is virtually impossible that the geographical place of honour would have been left unused. The contention that there was no temple on the Babri Masjid site goes against all we know of ritual patterns in the lay-out of sacred places the world over: it violates the principle of coherence.

“No evidence whatsoever has been proffered of continued Muslim occupation Babri Masjid, while the uninterrupted presence of Hindu devotees has been attested by several sources. Babri Masjid finds no mention in the revenue records of the Nawabi and British periods, nor was any Waqf ever created for its upkeep. No Muslim filed an FIR when the image of Sri Rama was placed under the central dome on 23rd December 1949.” (p.144)

In an astonishing act of daring, a handful of Left historians attempted to counter a centuries old belief, and vociferously assert that Babri Masjid was built on vacant land. They remain undeterred despite the mounting evidence stacked against them. Some of these historians even appeared as experts of the Babri Masjid Action Committee (BMAC) during negotiations between the Vishwa Hindu Parishad (VHP), BMAC, and the Government in 1990-1991. Yet throughout they have maintained the charade of being "independent historians." (p 5)

While there is solid evidence that the Babri Masjid in Ayodhya had been built in forcible replacement of a Hindu temple, rubble of which was used in the Masjid’s construction, this fact has been denounced as “Hindu chauvinist propaganda”, and an entirely fictional claim was upheld that the Masjid had been built on an uncontroversial site, so that there was of course no trace of evidence for a preceding temple demolition. Indian Marxists could reasonably have taken the position that while the temple demolition was a historical fact, this was no reason for a counter-demolition today. However, inebriated by their power position, they went farther and denied the temple destruction altogether, against the evidence, thinking they could get away with it. As usual, they could count on their Western contacts to cover them: to my knowledge, not a single Western academic has critically examined the Indian Marxist claim that the historical temple demolition at the Babri Masjid site was Hindu chauvinist fiction. All of those who have actually written about the Ayodhya affair, have acted as amplifiers to the Indian Marxist propaganda, explicitly or implicitly defaming those Indian colleagues who stuck to the evidence that a Hindu temple at the controversial site had indeed been destroyed.

A Muslim cannot donate, support or construct a house of worship of non-Muslims... “There are several fatwas (rulings) that a Muslim cannot donate or build or support a house of worship of a non-Muslim. Over the ages, scholars have maintained this,” ...“Even if a non-Muslim living in an Islamic nation bequeaths his wealth to be used for a place of worship, it should not be allowed.... Fuqaha (experts in Islamic law) have agreed that even a non-Muslim's money cannot be used to build a temple in a Muslim land. So where is the question of using Muslim money or taxpayers money ( to construct a temple)?...If a non-Muslim house of worship is expanded by a Muslim rule, there is full right to destroy it. There is no permission (according to Islamic law) to build a new temple or church. Islamic nations can only protect existing ones,” ... How can Pakistan spend government money in the construction of the temple. The maximum it can do is to protect existing ones.

Suvira Jaiswal, an ex Professor of Jawahar Lal Nehru University, New Delhi has deposed that according to her studies and research, there is no evidence that Babri Masjid was constructed after demolition of a temple of Lord Rama or that there existed any temple whatsoever where the Babari Masjid was situated. She also stated of not finding any evidence which may prove that the place in dispute was birth place of lord Rama.

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