Pertinently, the Court observed that even though mosques are important to the Muslim community, it is not necessary as per holy Quran that there be a mosque in every nook and cranny.
In this regard, the Court referred to the verses Juz 10 Surah 18 and Juz 1 Surah 114 of the Holy Our-an and to Clause 1064 of Riyadussaliheen.
“The above verses of the Holy Qur-an, clearly highlights the importance of Mosque to the Muslim community. But it is not stated in the above verses of the Holy Qur-an that Mosque is necessary in every nook and corner……It is not stated in the “Hadees” or in the Holy Qur-an that mosque is to be situated adjacent to the house of every Muslim community member. Distance is not the criteria, but reaching the mosque is important,” the Court observed.
In the instant case, since 36 mosques were existing within the vicinity in question, the Court opined that there was no need of another mosque in that vicinity because the adherents of Islam can go to other nearby mosques, especially considering the fact that most citizens have access to some kind of vehicle or public transportation.
“It is true that Article 26(a) of the Constitution of India states that subject to the public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes. That does not mean that they can construct religious places in every nook and corner of the country. Kerala is a very small State“, the Court said.
Source: Barandbench
