Prominent Muslim bodies slam Waqf bill; urge govt to withdraw it, hold detailed consultations

New Delhi: Prominent Muslim bodies on Thursday hit out at the The Waqf (Amendment) Bill that was introduced in Lok Sabha and urged the government to withdraw the proposed amendments and engage in a detailed consultation with all stakeholders, including religious leaders.

Both factions of the Jamiat Ulema-e-Hind (Arshad Madani and Mahmood Madani) slammed the Bill and expressed grave concerns over the proposed legislation.

Maulana Arshad Madani, who heads one Jamiat faction, claimed that the government wants to change the status and nature of waqf properties so that it becomes easier to take their possession.

"Once the new amendment is passed, a collector raj will come into existence and the decision of the Waqf Tribunal will not be final to decide which property is waqf and which is not. The decision of the collector will be final in relation to ownership," Madani said.

"Earlier this right was with the Waqf Tribunal. The proposed amendment to the Waqf Act is also against the religious freedom granted by the Constitution and is in violation of Articles 14, 15 and 25 of the Constitution," he said.

He alleged that ever since this government has come, it has been bringing such new laws to keep Muslims in "fear". The proposed legislation is an open interference in the religious matters of Muslims, he said.

"The Jamiat wants to make it clear that we will never accept any such change in the Waqf Act, 2013 that changes or weakens the status or nature of Waqf properties. Jamiat Ulame-e-Hind has always taken effective steps to ensure the safety of waqf properties and even today we are moving ahead with the resolution that the Muslims of India will be against every plan of the government that does not guarantee the safety of waqf properties," he said in a statement.

Maulana Mahmood Madani, who heads the other faction of the Jamiat, has expressed strong concerns regarding the proposed amendments to the Waqf Act. He said the amendments presented in Parliament are detrimental to the protection of waqf properties.

"These amendments would provide government bodies with unnecessary interference, undermining the original status of waqf and violating the concept of divine ownership," he said.

He pointed out that the proposal to abolish Section 40 of the Waqf Act and to grant district collectors the authority to resolve issues and disputes related to waqf property titles and possession under revenue laws instead of Waqf Tribunals is tantamount to "nullifying the Waqf Board itself".

Mahmood Madani urged the government to withdraw the proposed amendments and engage in a detailed consultation with all stakeholders, including religious leaders and waqf management bodies.

Jamaat-e-Islami Hind (JIH) president Syed Sadatullah Husaini also criticised the Waqf Bill, saying it is unacceptable to the Muslim community.

"We oppose the proposed amendments by the government to the Waqf Act, 1995. The proposed changes are aimed at diminishing the autonomy and integrity of waqf properties and the communities they serve. This is not acceptable to the Muslim community," he said.

"We feel that this legislation has been designed to dismantle the established legal structure of waqfs, effectively targeting a constitutionally guaranteed right to the religious minorities that allows them to conduct and preserve their community's heritage and religious practices," Husaini said.

The amendments draw inspiration from outdated colonial laws, positioning the Collector as the ultimate authority, thereby stifling the rights of Muslims to manage their religious endowments, he alleged.

Husaini said the fundamental aspect of waqf jurisprudence, the concept of waqf by user, which recognises long-standing religious and charitable use, is being removed. This change threatens to create further disputes over waqf properties. The amendment allows the state governments to appoint all members of the Waqf Board, effectively eliminating the democratic election of at least two members from Muslim communities, he said.

"In summation, we would like to state that the Bill was created without any consultation with the Muslim community. No Muslim parliamentarian was consulted regarding the Bill.

"No stakeholders were involved in the discussions about the Bill. The changes proposed in the law are harmful rather than beneficial. The government should withdraw the Bill," he said.

Husaini said the JIH expects the opposition as well as the NDA allies like the JD(U) and the TDP to oppose and prevent such detrimental laws from being enacted.

Imam of Masjid Anglo-Arabic, Ajmeri Gate, Mufti Mohammad Qasim, said several properties of the waqf have been occupied and if the government wants to help the community, it should first get such properties vacated from illegal occupancy.

The Waqf (Amendment) Bill was introduced in Lok Sabha on Thursday and referred to a joint parliamentary panel after a heated debate, with the government asserting the proposed law did not intend to interfere with the functioning of mosques, and the opposition calling it targeting of Muslims and an attack on the Constitution.

Lok Sabha Speaker Om Birla said he will talk with leaders of all parties for constituting the joint parliamentary committee.

Soon after Union Minority Affairs Minister Kiren Rijiju sought leave to introduce the Bill, opposition I.N.D.I.A. bloc MPs strongly protested the introduction of the Waqf (Amendment) Bill, calling it an "attack" on the Constitution and stating that it targets Muslims.