OWNERSHIP CONTROVERSY OVER TAJ MAHAL - Avoid politicization
by R.Upadhyay
The prevalent historical view suggests that the fifth Moghal Emperor Shahjahan built Taj Mahal in the memory of his wife Mumtaj Mahal, who died in 1831, while delivering the fourteenth child within eighteen years of her married life. Her dead body was temporarily buried at Burhanpur. It was later exhumed and reburied on the Taj ground in Agra.
The main source on Taj Mahal is the Badsahh Namah (History of Shahjehan reign) written by the paid chronicler of the Emperor's contemporary writer Abd al - Hamid Lahori. Badshah Namah' is basically a court document of Shahjehan. Epigraphic accounts and data of the foreign travellers as Peter Mundy Traveenier and Burnier, who visited Agra contemporarily, are also used as corroborative materials. With these base materials tourists, scholars and historians expanded their ideas on Taj only when the British regime developed one of the hundreds of monuments of medieval age for tourist attraction. Prior to that "few Indian artists have written about Taj"( Pal, 1989, page 194 as quoted in 'Tourist at the Taj' by Tim Edensor, London, New York, 1998, page72).
"The notion that the Taj Mahal is the supreme romantic building of a fabulous, imaginary romantic building emerged out of colonial classificatory schemes and fantasies" ('Torist at the Taj' by Tim Edensor, London, New York, 1998, page72). For diplomatic reasons, the British deliberately devalued the pre medieval heritage of Indian civilisation by giving preference to the monuments of Muslim period. It was the reason that "Most western tourists articulate notions that the TAJ is a symbol of India, and continue to rank it in global terms" (Ibid. page 75). This author also quoted Pal, who asserted that "both the romance and image of the Taj were largely a creation of the British in the last quarter of eighteenth century" (Pal, 1989, 199-'Torist at the Taj' page 194). These observations suggest that glorified writings on Taj were mostly fantasies.
It is said that glorification of any worldly item or event is abjured in Islam. In Saudi Arabia there was no state funeral for its King, who died recently and he was buried in a common graveyard as mentioned by Abtesham Qureshy, a columnist in Pioneer on August 11, 2005. He said, "in true tradition of Islam, 'glory be to Allah alone, the Almighty'. Contrary to this spirit of Islam, which is still followed in its birth place, the fifth Moghal Emperor Shahjehan (1628-1658) exhumed the dead body of his 'most beloved' wife Mumtaj Mahal from her temporary grave in Burhanpur and housed it in a magnificent monument popularly known as Tajmahal. Some historians described it as 'representative of the glorious Moghal period and a unique gift of the medieval age to the people of India'. Glorification of Tajmahal as 'a dream of marble', 'immortal teardrop on the cheek of time', 'a monument of love' etc. therefore may not fit in the Islamic tradition of simplicity.
Some historians like Professor R. Nath and others suggest that Mumtaj Mahal was one of the three legal wives of Shahjehan, who married them according to the Shariat tradition of Nikah. He said that Shahjehan married to the daughter of Mirza Muzaffr Hussain in 1609 and to Arjumand Banu, the daughter of Asaf Khan, a high-ranking official of Moghal court in 1612. Her father-in-law Jehangir gave her new name of Mumtaj Mahal. Shahjehan was also married to the grand daughter of the famous poet Abdur - Rahim -Khan-i-Khana of Akbar court in 1617. Besides, several other queens and concubines as per Moghal tradition were also available in his vast harem complex. Tombs of all the queens and concubines are still extant at Agra. ('Agra and its Monuments' by Professor R.Nath, 1997, page 110). Despite three legal wives and concubines he was said to have completely dedicated the monument only Mumtaj Mahal.
One point relating to violation of Islamic tradition by Shahjehan was the extravagant expenditure over Taj Mahal. Encyclopedia of Indian heritage edited by Prof. Ramesh Chandra described Taj Mahal as the most extravagant monument ever built for love. The story goes that had his son Aurangzeb not deposed Shahjehan, he could have built a second Taj of black marble to house his own grave. The estimated cost of the monument is "a little over three crores of rupees of Shahjehan time" (Encyclopedic Survey of Islamic Culture - Edited by Mohammad Taher, 1997, page 275). 'Badshah Namah' gave rupees fifty lakhs as cost of Taj Mahal. 20,000 workers were engaged for over 12 years for completion of the monument. Despite the condition of common people, who lived in 'abject poverty' during his reign, Shahjahan remained extravagant. "While the emperor continued his extravagant spending on the construction of the Taj Mahal, a famine raged in Gujarat and Deccan, causing thousands of deaths. Peter Mundy, an employee of the English East India Company, made a harrowing journey from the English trading station at Surat to Burhanpur and beyond. An account of his travels and quotes from official Moghul documents are found in 'The Peacock Throne' by Waldemar Hansen"('The Taj Mahal' by Myra Weatherly, Lucent Books, London, 2003, page 47). "At night Mundy's party pitched their tents in the only space available - among the corpses scattered everywhere.” "Life was offered for a loaf, but none would buy" (Ibid.). Against the pathetic living condition of common people, Shahjahan spent crores of rupees of his time and constructed Taj Mahal, Lal Qila and Jaamaa Masjid perhaps at the corpse of humanity.
The above historical records suggest that Shahjehan violated the principle of Jakaat (gift to poor and needy), which is one of the five basic principles of Islam namely Kalma, Namaaz, Roza, Zakaat and Haj. His extravagant expenditure over Taj was therefore against the Islamic tradition of jakaat. A poem -'Ek Shahanshah ne daulat ka sahara lekar, ham garibon ke Muhabbat ka udaya hai mazak' (A king with the help of his wealth has derided the love of we the poor) is often quoted against the glorification of Taj.
Enter Waqf Board:
Today, Sunni Waqf Board, an institution, which is supposed to upkeep the humane face of religion is now disputing over a monument, which was built by violating the Islamic traditions. It has staked claim over Taj Mahal. Next it may claim the ownership of all the monuments of national and international repute from the tourist point of view.
Without realising the danger that any issue having communal overtones might further widen the centuries old communal divide, the Sunni Waqf Board deliberately generated a confrontational debate with a view to play politics on this World famous monument. Some books as well as papers uploaded in web sites have already appeared with potential arguments that the Hindu palace could have been "converted by decree and some minimum face lifting to a Mughal tomb" etc. A paper entitled 'An Architect looks at the Taj Mahal Legend' by Professor Marwin H.Mills, Pratt Institute, New York referred to Badshah Namah of Lahori and said, "As there was a tract of land (Zamini) of great eminence and pleasantness towards the south of that large city (Agra), on which before there was this mansion (Manzil) of Raja Man Singh, and which now belongs to his grandson Raja Jai Singh, it was selected for the burial place (Madfan) of that tenant of paradise Mumtaz).” The writer also questioned the ASI for blocking the scientific dating of Taj. He said: "Why has the Archaeological Survey of India blocked any dating of Taj by means of Carbon – 14 or thermo-luminiscnece? Any controversy over which century the Taj was built could easily be resolved. [Radiocarbon dating of a piece of wood surreptitiously taken from one of the doors gave 13th century as a possible date. But more data is needed]" Ibid.).
Sunni Waqf Board pleaded that 'once a Waqf it always remains a Waqf and properties dedicated in the name of Allah (God) and endowed to Waqf are perpetual, irrevocable and inalienable 'Waqf is a permanent dedication by a Muslim of any moveable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable" (What is Wakf? by Imtiaz Ahmad Khan, former Chairman Delhi Waqf Board, 1988, Page 6).
In the background of extravagant expenditure over Taj by Shahjenan even at the cost of his starving subjects, whether it was a religious monument in the true spirit of Islamic tradition is a debatable point. He might have created even a Waqf for the upkeep of Taj but will such endowment pass the scrutiny under the true spirit of this pious, religious or charitable institution?
After the revolt of 1857 the British rulers confiscated number of Waqf properties ( What is Wakf by Imtiaz Ahmad Khan). The confiscated waqf properties were however transferred to the trustees after Religious Endowment Act XX of 1863 was passed. Under the provision of this Act, local committees were appointed for maintenance of Waqf and the judiciary was empowered to look into the dispute if any in its administration (Waqf Administration in India by Khalid Rasid).
Taj is included in the list of international heritage and the ASI is responsible for its upkeep, preservation and protection. Sunni Waqf Board might be under the impression that it would bring back this monument to its pristine glamour. But historical discussion suggests that even during the reign of Shajehan the upkeep of the Taj 'suffered from neglect and vandalism'. His son Aurangzeb after his visit to the monument found extensive leakage in various parts of the tomb, mosque and assembly hall and accordingly wrote to his father regarding the damage caused by rains.
In the absence of actual Waqfnamahs (Waqf deeds) of Muslim period due to their disappearance or destruction, a large number of Waqf properties came under legal dispute.
"While we know that a number of awkaf were established for the maintenance of Tadj Mahall, not a single document concerning them has come of Muslim period and a number of Awqaf are under legal dispute and have become a source of social tension..." (W. Begley and Z. Desai - The Taj Mahal, Seattle, 1989. Quote from Encyclopedia of Islam, Lieden Brill, Vol. XI, page 95). It is however said that for the "proper upkeep and conservation, Shahjehan set up an endowment" that is Waqf (Myra Weatherly in his book The Taj Mahal has given details of the damage, page 88 quoting from Begley and Desai, Taj Mahal, pp.132-33). The income of Bazar within this monumental complex of Taj Mahal together with the revenue from 30 villages from the district of Agra - was devoted by imperial command to the upkeep of the mausoleum (Encyclopedia of Islam, Vol. X, Leiden Brill, 200, page 59). Will Sunni Waqf Board identify those 30 villages and stake its claim over them for its upkeep and preservation?
Politicisation of Waqf:
Contrary to the pious concept of Waqf the political parties involved in Muslim vote bank politics have used this institution for their self-seeking interest. Whoever came to power the Waqf controlling bodies were filled up with their trusted representatives who could ensure the votes of Muslims in elections for them.
"The assets of any given Wakf could look to a politician, including politically inclined ulama, like an important financial resource for any 'reform' he had in mind.” "By 1900, awkaf (Plural of Waqf) had become an issue in India's emerging political arena. Various associations and religious scholars together with a variety of would be politicians, lined up to have their say on the issue of endowment"(Encyclopedia of Islam -Leiden Brill, Vol. XI, 2002, Page 97).
The Indian National Congress (INC) too adopted a resolution on Waqf in its 22nd session (December 26-29, 1906). It "always had some difficulty in drawing Muslim members" (Muslim Endowments and Society in British India by Rozlowski, Cambridge, 1985, page 166) due to propagation of Sir Sayed Ahmad Khan that the INC was a party of the Hindus.” It therefore "resolved that in view of the general opinion amongst the Mohammedans that the recent decisions of the Privy Council against the validity of wakf-I-ala-aulad (family waqf) are against the Mohammedan Law, the Congress is of opinion that a Commission should be appointed by the Government to enquire whether the Privy Council has not erred in its decision"(Encyclopedia of Indian National Congress Vol. V by Chief Editor A.M.Zaidi, 1978, page 152). As expected, the resolution had some impact on Muslim leaders. Mawlawi Abd al-Qasim called the resolution a proof that Muslim interests were best furthered by the Congress not the League. (Muslim Endowments and Society in British India by Rozlowski, Cambridge, 1985, page 167). The resolution shows that it was an attempt to use religious issue for political purposes.
"Various surveys and registration of Wakf reveal that there are around 300,000 registered awkaf which are scattered all over the country" (Awkaf Experiences in South Asia, edited by Khalid Rasid, Indian Institute of Objective Studies, 2002, page 124). Under the supervision of Waqf Boards duly constituted by the Muslim community, the Waqifs (settlers) themselves or their descendants if mentioned in Waqfnama (endowment) or their appointees are responsible for the management of this large number of registered waqf. But despite the various regulations, judicial decisions, enactment of various Waqf Acts and a wide range of supervisory structure in Waqf Boards represented only by the Muslim members, the properties attached to most of Awqaf are mismanaged and misappropriated by the Mutawallis (managers). Waqf Boards' decisions for streamlining the Waqf management are often challenged by Mutwallis in Waqf Tribunals or other Courts of Law either to negate or to delay the decision to remain in possession of Waqf properties.
How can the Waqf board ensure better maintenance of Taj than the Archealogical Survey of India? How will the Mutawalli be prosecuted when large sums will be transacted in the case of Tajmahal. Should the Shariat courts deal or the regular courts? Certainly the GOI will not permit prosecution under Shariat for criminal. The Sunni Waqf Board, which believes in perpetual, irrevocable and inalienable concept of Waqf is perhaps under the impression that the pious institution of Waqf maintained its sanctity during the Muslim rule in this country. Its logic may blame the over two hundred years of non-Islamic rule for the on going malfunctioning of Waqf. But during Muslim period too evils like corruption, misappropriation and misconduct of Mutallawies, Kazis and those responsible for smooth functioning of Waqf have been pointed out by many Muslim scholars. Unfortunately, this legacy was carried forward both in British and post-British India despite various enactments. While the Muslim rulers used the institution of Waqf for firming up their grip over the people in the name of religion, the British used it also for its own political game.
Some newspaper reports suggest that Uttar Pradesh Chief Minister Mulayam Singh Yadav had announced to build another Taj of black marble facing the existing one. It is hoped that it was not a serious suggestion and at any rate people will not take it seriously! Instead of managing the public money for generating employment in the state or improving the electricity, health condition and other development work, he too perhaps is more interested to fulfil the so-called dream of Shahjehan.
The point is that the vote seeking political leaders can go to any extent if it suits their political interests. Ironically, the Muslim masses fall somewhere between the poles of absolute loyalty to the Indian political system and complete contempt against and as a result they are exploited by the vested interests. Sunni Waqf Board too for its political game exploits this situation. Today it is Taj Mahal, tomorrow it may even be Red Fort. Ironically, such never-ending divisive game has become a part of contemporary politics.
Lack of Consistent Policy towards Waqf:
Like the British, the post-colonial Governments too did not maintain a consistent policy in dealing with Waqf. They always avoided meddling in the affairs of Muslim Personal Law for fear of political consequences. Khalid Rasid in his paper - 'Statutory and Judicial deviation in Law of Waqf in India' "suggested that so long the Law of Waqf as part of Muslim Personal Law is to be applied to Muslims in India, the courts must ensure that any existing law which encroaches upon Muslim Personal Law should not be allowed to prevail" ('Awaqf Experiences in South Asia edited by Syed Khalid Rasid, Institute of Objective Studies, New Delhi, 2002, Page 33).
The Shia descendants of the royal family of Avadh have already protested over the claim of Sunni Waqf Board in the plea that Mumtaj Mahal, whose grave is housed in Taj Mahal belonged to Shia Sect of Muslims and if any claim is staked over this monument, it could be only by the Shias. They however, have " appealed to the Prime Minister Manmohan Singh to intervene in the politics over the Taj and save the monument of love from the web of controversy" (Pioneer dated July 17, 2005).
Conclusion:
The purpose of this discussion must not be seen as criticism of any individual or institution. It is just an attempt to stir the conscience of Muslim Intellectual to see that the discordant note of Sunni Waqf Board does not strike the mind of common Muslims, who hardly understand the joint political game of their so-called leaders and their religious clerics in the name of Islam. Indian society is already facing enough problems with Ayodhya, It is high time that the saner section in Muslim society should come forward and ensure that Taj controversy as initiated by Sunni Waqf Board is resolved without any loss of time without giving in to the vested interests of Muslim clerics and the political parties.
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