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Umar Farooq, the Mirwaiz of Kashmir and head of the Mutahida Majlis-E-Ulema.
Credit: Instagram/@mirwaizkashmir
Srinagar: Umar Farooq, the Mirwaiz of Kashmir and head of the Mutahida Majlis-E-Ulema, has expressed grave concern over the proposed amendments to the Waqf Act, saying they threatened the interests of the Muslim community and violated fundamental rights.
In a two-page correspondence to Jagdambika Pal, who chairs the joint committee of Parliament examining the Waqf (Amendment) Bill, Farooq sought an opportunity for a Mutahida Majlis-E-Ulema (MMU) delegation to meet with the panel to discuss its apprehensions.
The Bill introduced in the Lok Sabha was referred to a joint committee of Parliament after a heated debate, with the government asserting that the proposed law did not intend to interfere with the functioning of mosques and the opposition saying it targeted Muslims and calling it an attack on the Constitution.
The MMU, a coalition representing various Islamic organisations, Ulemas, and academic institutions in Jammu and Kashmir, believes that the proposed amendments threatens the interests of the Muslim community and violates fundamental rights.
The Mirwaiz stressed that these amendments not only violated Muslim personal law, protected under Article 25 of the Constitution, but also exacerbated feelings of insecurity within the Muslim community, which already perceived threats to its religious freedoms.
"The Muslim majority region of Jammu and Kashmir feels very strongly about these amendments to the Waqf Act, viewing them as attempts to undermine our religious freedom and autonomy," he stated.
The Mirwaiz emphasised that Waqf properties were dedicated by Muslims for charitable purposes and served the underprivileged.
"The Waqf properties are personal properties dedicated by Muslims in the name of God for the benefit of their society," the letter stated, highlighting the urgent need for dialogue.
He pointed out that the proposed amendments suggested increased government control over Waqf institutions, which the MMU viewed as an unwarranted intrusion.
Key concerns outlined in the letter include the government's plan to grant the collector sweeping powers over Waqf properties, including the ability to alter revenue records.
This, according to the letter, undermined the very essence of the Waqf Act, which was designed to protect religious and charitable properties.
Additionally, the MMU criticised the reduction of Muslim representation in the Central Waqf Council and state Waqf boards, noting that the proposed changes would allow for non-Muslim members to dominate these bodies.
Previously, only one non-Muslim member was allowed while up to 13 non-Muslim representatives could be appointed to the central council now.
The removal of the provision for "Waqf by user", which acknowledged long-term use of properties for religious purposes, was also highlighted as a significant concern.
The Mirwaiz warned that this change could lead to increased communal disputes over mosques and other Waqf properties, potentially opening the door to litigation and state appropriation.
The MMU further expressed alarm over proposed amendments that would allow the government to remove Waqf properties from protected status, potentially leading to the seizure or sale of valuable assets essential for supporting religious and charitable activities.
He called for the rejection of the proposed changes and urged for meaningful dialogue with the Muslim community to address their concerns.
The MMU is seeking an urgent meeting with the joint committee of Parliament to discuss these issues, emphasising the need for collaboration rather than imposition of amendments they consider discriminatory.