Recent demolition drives in the border districts of Rajasthan and several other parts of the country, during which some mosques, madrassas and other religious structures have reportedly been demolished, have given rise to an important legal, social and religious debate across the country. On the one hand, those affected describe these actions as being directed against religious places, while on the other, the State Government maintains that the measures are not based on religion but are being undertaken against illegal constructions, encroachments on government land and in view of national security concerns in sensitive border areas. In dealing with such a sensitive issue, it is essential to adopt a balanced approach based on law and justice, judicial directions and the teachings of Islam, rather than emotions.
On 11 July 2026, a Muslim voluntary organization (NGO) in Jaipur issued a report claiming that the Rajasthan authorities had served notices for the demolition of more than 50 Muslim religious structures in border Districts such as Barmer, Jaisalmer and Bikaner, while demolition action had reportedly been carried out against at least seven structures. The report claimed that mosques, madrasas and dargahs in the border areas had suddenly received notices of eviction or demolition. The affected persons were reportedly given only 24 hours to respond, while the local authorities allegedly refused to accept written responses. The organization alleged that the campaign violated the Supreme Court’s guidelines, the principles of natural justice and constitutional guarantees. The Rajasthan Government and the administration, however, defended the action as part of a routine anti-encroachment drive in a security-sensitive zone adjoining the Pakistan border. The Rajasthan High Court declined to stay demolitions within 50 kilometers of the international border and observed that the matter involved sensitive issues relating to national security rather than targeted discrimination.
The State Government has stated that several of the structures against which action was taken had been constructed on government land, public pathways or land in respect of which there was no established legal ownership, building permission or other mandatory documentation. According to the Government, if any construction, whether religious or otherwise, is contrary to law or poses a risk to national security, the State has a legal responsibility to take appropriate action. This principle, it maintains, should apply equally to all citizens and to all religious communities.
The courts, in various cases, have also clarified that a religious place does not acquire immunity from the law merely by virtue of being a place of worship. If a structure is illegal or has been established through unauthorized occupation of government land, action may be taken in accordance with law, provided that the prescribed legal procedure, including notice, opportunity of hearing and the requirements of natural justice, is duly followed. At the same time, the courts have repeatedly reminded the administration that such actions must be characterized by transparency, impartiality and strict adherence to the law, so as to prevent any perception of discriminatory treatment of any particular community.
Islamic teachings also provide clear guidance on this matter. In Islam, the establishment of a mosque, madrasa or any religious institution is regarded as a noble and sacred endeavor; however, it must be founded upon lawful ownership, honesty, justice, trustworthiness and compliance with the applicable laws of the country.
The Holy Qur’an states: “O you who believe! Do not consume one another’s wealth unjustly.”
(Surah al-Nisa, 4:29)
This verse makes it clear that land used for a mosque, madrasa or dargah should either be lawfully owned or should have been voluntarily donated or endowed by its rightful owner.
Similarly, the Prophet Muhammad said: “Whoever wrongfully takes even a handspun of land belonging to another person, seven earths will be placed around his neck on the Day of Resurrection.” (Sahih al-Bukhari; Sahih Muslim). This Hadith establishes that it is not permissible, from an Islamic perspective, to construct or establish anything on usurped or unlawfully occupied land, regardless of how noble the intended purpose may be.
Islam also places great emphasis on fulfilling agreements and maintaining proper legal documentation. Allah says: “O you who believe! Fulfil your obligations.” (Surah al-Ma’idah, 5:1). At another place, the Qur’an states: “When you contract a debt for a specified term, write it down.” (Surah al-Baqarah, 2:282).
In the light of these teachings, maintaining proper records such as title documents, Waqf deeds, No Objection Certificates (NOCs), approved building plans, permissions and other requisite legal documents is not merely a legal requirement; it is also consistent with Islamic principles of transparency, accountability and fulfilment of obligations. Islam also regards compliance with the laws of the country as part of fulfilling trusts and obligations. Allah says: “Indeed, Allah commands you to render trusts to whom they are due.” (Surah al-Nisa, 4:58).
The Prophet also said: “Muslims are bound by their conditions and agreements.” (Sunan Abi Dawud; Sunan al-Tirmidhi)
Therefore, when the laws of a country do not conflict with any definitive commandment of Shariah, compliance with those laws is consistent with Islamic teachings.
Another important saying of the Prophet is: “Allah is Pure and accepts only that which is pure.” (Sahih Muslim).
This principle makes it clear that an unlawful means cannot be adopted even for the attainment of a good or noble objective. The construction of a sacred institution such as a mosque, madrasa or shrine can truly reflect the spirit of Islam only when it is undertaken on lawfully owned land, through lawful resources and in compliance with the applicable legal requirements.
In the context of the recent developments in Rajasthan, it is essential, on the one hand, that the State ensures that all its actions are carried out strictly in accordance with law, with transparency, impartiality and due regard for judicial directions. On the other hand, the caretakers/ Muslim organizations responsible for religious institutions must also ensure that places of worship and religious centers are established and maintained in accordance with all applicable legal requirements, clear ownership records, valid documentation and Islamic principles.
Such an approach can help minimize future disputes and contribute to strengthening religious harmony, the rule of law and public confidence. It would also ensure that religious institutions, while serving their spiritual and social purposes, remain firmly grounded in the principles of justice, legality, responsibility and peaceful coexistence.
Summary: Recent demolition drives in the border districts of Rajasthan and other parts of the country, involving certain mosques, madrasas and other religious structures, have sparked an important legal, social and religious debate. While affected persons have described the action as being directed against religious institutions, the State Government maintains that the measures concern illegal constructions, encroachments on government land and national security in sensitive border areas. A report issued by an NGO in Jaipur on 11 July 2026 alleged that notices for demolition had been served on more than 50 Muslim religious structures in Barmer, Jaisalmer and Bikaner, with at least seven structures reportedly demolished. The authorities, however, have described the action as a routine anti-encroachment drive and stated that several structures lacked lawful ownership documents, building permissions or other mandatory approvals. Courts have also held that religious structures are not immune from the law merely because they are places of worship; however, any action must comply with due process, including proper notice, opportunity of hearing, transparency and impartiality. In matters involving sensitive border areas and national security, the State is required to act strictly within the framework of law and judicial directions.
Islamic teachings likewise emphasize lawful ownership, justice, accountability and fulfilment of obligations. The Qur’an prohibits consuming one another’s property unjustly (4:29), while the Prophet warned against unlawfully occupying even a handspan of another person’s land (Sahih al-Bukhari; Sahih Muslim). The Qur’an also commands believers to fulfil their obligations (5:1) and emphasizes proper documentation in transactions (2:282). Therefore, the establishment of mosques, madrasas, dargahs and other religious institutions should be based on lawful ownership, valid documentation, appropriate permissions and compliance with applicable laws. At the same time, the State must ensure that enforcement action is lawful, transparent, non-discriminatory and consistent with principles of natural justice. A balanced adherence to both legal requirements and Islamic principles can help prevent disputes, strengthen public confidence, uphold the rule of law and promote religious harmony and peaceful coexistence.
Perspective
Abu Abdullah Ahmad
Link : https://shricgnewscreator.com/demolition-drives-the-states-position-the-judicial-perspective-and-islamic-teachings/
Link : https://shricgnewscreator.com/demolition-drives-the-states-position-the-judicial-perspective-and-islamic-teachings/
