Mosque
A
mosque is a place where the Muslim offers prayers to Almighty (Allah). The
prayers can be done individually or in congregation. To consecrate a mosque, it
is not sufficient merely to construct it: (1) the building must be separated
from the other property of the owner, (ii) a way must be provided to the
mosque, and (iii) either public prayers must be said or possession must be
delivered to the mutawallis.
Once
a mosque is validly consecrated, a reservation in favour of the people of a
particular locality is deemed to be bad and it will be open to all persons.
Similarly, a mosque cannot be restricted to the followers of a particular school
or madhhab, if the dedication is complete, the restriction is bad and it
will be open to all Muslims, whatever their school or sub-school.
In Mohammad
Wasi v Bachchan Sahib, AIR 1955 All 68, the Full Bench laid down that-
(1) a mosque is dedicated for the
purpose that any Muslim belonging to any sect can go and say prayers therein,
(2) it cannot be reserved for the
Muslims of any particular denomination or sect;
(3) no one can claim to have the
form of congregational prayer usually said in a mosque altered to suit him,
(4) even though the congregational
prayers are said in a mosque in a particular form, any Muslim belonging to any
other sect can go into a mosque and say his prayers at the back of the
congregation in the manner followed by him so long as he does not do anything
mala fide to disturb the others;
(5) the object of the dedication
can neither be altered nor the beneficiaries limited or changed; and
(6) a Muslim will have a cause of
action if he is deprived of his right to say prayers in a mosque or is
prevented from doing so.
The
mosques are either private or public. In a public mosque, every Muslim
belonging to any sect or school is entitled to offer prayer according to the
ritual of his own sect or school. A mosque is private, which has no entrance
opening outside, for example, a mosque made in the compound of police line of
Azamgarh (UP) for Friday prayer with Aran and Ikamat was held as private
mosque by Allahabad High Court in Abdul Bagi v Chaitan 1971 All 328.
Takia
A takia
is, literally, a resting-place, hence it may be a tomb or a burial ground; held
in Hussain Shah v Gul Muhammal (1924) 6 Lah 140.
It is
a place where a fakir or darvish (a person who abjures the word and
becomes an humble servitor of God) resides before his pious life and teachings
attract public notice, and before disciples gather round him, and a place is
constructed for their lodgment, as pronounced in Mohiuddin v Sayiduddin,
1893 ILR 20 Cal 810 (812). It is recognised by law a religious
institution, and a grant or endowment to it is a valid wakf or public
trust for a religious purpose: Male Shah v Ghane Shah, (1938) 40 Bom LR
1071 (1072) (PC).
The fact
that a place is called takia does not prove that it is wakf property. A takia
may may be the only place of assembly in a village and devoid of any
religious significance, or it may be the platform in a Muslim graveyard where
prayers are said. A man may take charge of a graveyard and call himself a takiadar
but that does not show that the land is wakf or that he is the mutawalli.
A fakir or holy man may build a hut and take up his residence near takia
or prayer platform in the graveyard and impart religious instructions and call the
place a Khankhah. A Takia may become wakf by long use. The fakir
may collect numerous disciples at his residence which will then develop into an
institution of public importance and be a real Khankha. Such Khankha
are called takias, and may be the object of a valid endowment
Khangah
According
to Tyabji, a Khangah (Persian, caravan serai) is a Muslim monastery of
religious institution, where dervishes and other seekers after truth
congregate for religious instruction and devotional exercises.
It is
a Muslim institution analogous in many respects to a math where
religious instruction is given according to Hindu faith; Vidya Varuthi vs.
Balusami Ayyar, (1921) 48 1A 302 (312). A Khangah is founded by
a holy man, in the place where his esoteric teaching acquires a certain fame
and sanctity. After his death, if he is buried there, as often happens, the
place may also be called his takia, abode or resting place; Hussain
Shah v Gul Muhammad (1924) 6 Lah 140.
The religious head of a 'Khangah' is
called ‘Sajjadanashin’. Literally, the word Sajjadanashin means a
person who sits at the head of the prayer-carpet. Ameer Ali said that the Sajjadanashin
is not only a mutawalli but also a spiritual preceptor. He is supposed
to continue spiritual line of his ancestors who had been buried at a particular
place or dargah
Imambara
An imambara is an apartment in a
private house or a building set apart like a private chapel for religious
purposes. It is intended for the use of the owner and members of his family
though the public may be admitted with the permission of the owner.
According
to Asaf A. A. Fyzee an imambara is a private tenement set apart by a
member of the Ithna Ashari Shiite for the performance of certain
ceremonies at Muharram and other times; it is not a public place of worship
like a mosque. It is a private, as distinguished from a public endowment and a
Hindu cannot create one; Mundaria Shyam Sundar, AIR 1963 Pat 93.
Generally,
the imambaras belong to Shias, but some Sunnis too perform the
aforesaid ceremonies e.g., holding of mourning sessions (majlis, azadari),
raising of alms and tazias and taking out the duldul, as symbols
of the flag, tomb and horse respectively, or the martyrs of karbala. These
ceremonies, it is notable, are based on wholly indigenous customs and are not
rooted in the original Islamic theology.
Imambaras
are usually owned by individuals, though some of them are thrown open to the
public on ceremonial occasions. The courts have held that an imambara is
generally a 'private’ and not a 'public' wakf (and is also not a trust
within the meaning of section 92 of the Code of Civil Procedure. A particular imambara
may, however, be proved to be a public wakf.
Dargah
Dargahs
are tombs of great Muslim divines of the past, mostly having huge
superstructures, attracting pilgrims (zaerin) belonging to various
religious communities and from different parts of the country and, in some
cases, also from foreign countries. There are numerous big and small dargahs
in various parts of India. Some of these do not have the grave of a saint;
inside them are ceremonially kept sacred relics of the prophet or a saint. In
some places, the dargahs are known as maqbara or ziyarat.
Almost all dargahs are wakf and are despite the conflict between the customary practice of devotion to tombs and Islam's puritanic concept of 'none to be worshipped but Allah' (la ilaha illallah), governed by the rules relating to wakfs. In some cases, the courts have aptly explained the nature of dargahs as wakfs. Mujawars and Khuddam claim right to act as caretakers at the dargahs. Some of the famous dargahs in the country are those of Khawaja Moinuddin Chisti (Ajmer), Haji Waris All Shah (Dewa, Barabanki), Syed Salar Masood Ghazi (Bahraich), Nizamuddin Aulia (Delhi), Shaikh Salim Chisti (Fatehpur Sikri) and Seikh Sabir (Kalyar).
Conclusion
These five types of institutions Mosque, Takiya,
Khanqah, Imambara, and Dargah highlight the rich architectural, spiritual,
and communal diversity within the Muslim world, especially in South Asia. While
mosques remain central to every Muslim community’s ritual and congregational
life, spaces like Takiya and Khanqah nurture spiritual discipline and
fellowship, Imambaras embody Shia commemorative tradition, and Dargahs bridge
the sacred and the communal through the memory of saints. Each continues to
shape and reflect the multifaceted legacy of Islamic civilization.
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