Indian Muslims Demand Immediate Withdrawal of Controversial Waqf Bill

New Delhi- A chorus of disapproval has emerged from leading Muslim organizations regarding the recently introduced Waqf (Amendment) Bill in the Lok Sabha. Critics argue that the proposed amendments could undermine the protection and management of waqf properties, which are religious endowments managed by Muslim communities. The organizations have called for the bill’s withdrawal and insist on comprehensive consultations with stakeholders, including religious leaders and waqf management bodies.>

The Jamiat Ulema-e-Hind, a significant Muslim organization in India, has voiced strong objections to the Waqf Bill. The group is divided into two factions, led by Maulana Arshad Madani and Maulana Mahmood Madani, both of whom have expressed serious concerns about the proposed legislation.

Maulana Arshad Madani, who heads one faction of the Jamiat Ulema-e-Hind, has criticized the bill for its potential to alter the status and nature of waqf properties. He argues that the bill could pave the way for easier seizure of these properties by government authorities. According to Madani, the proposed amendments would establish a “collector raj,” wherein district collectors would have the final say on waqf property disputes, superseding decisions made by the Waqf Tribunal. This shift, he claims, could undermine the role of the Waqf Tribunal and violate constitutional guarantees of religious freedom, specifically Articles 14 (equality before law), 15 (prohibition of discrimination), and 25 (freedom of religion).

Madani alleges that the current government has been enacting laws that foster fear among Muslims and encroach upon their religious practices. He stresses that the Jamiat Ulema-e-Hind is firmly opposed to any changes in the Waqf Act of 2013 that would weaken the protections for waqf properties. The organization is committed to safeguarding waqf assets and resisting any legislative changes that could compromise its status or integrity.

Maulana Mahmood Madani, who leads the other faction of the Jamiat Ulema-e-Hind, shares similar concerns. He has criticized the bill for potentially jeopardizing the protection of waqf properties by introducing unnecessary government interference. Madani argues that the amendments would dilute the original status of waqf properties and violate the principle of divine ownership that waqf embodies.

A major point of contention is the proposal to abolish Section 40 of the Waqf Act, which would transfer the authority to resolve disputes related to waqf property from the Waqf Tribunal to district collectors. Madani contends that this change would effectively nullify the Waqf Board’s role and undermine the legal safeguards currently in place. He has urged the government to withdraw the bill and engage in a detailed consultation process with all relevant parties to address these concerns.

Syed Sadatullah Husaini, president of Jamaat-e-Islami Hind (JIH), has also voiced strong opposition to the Waqf Bill. Husaini criticizes the amendments for threatening the autonomy and integrity of waqf properties and the communities they serve. He argues that the bill aims to dismantle the established legal framework governing waqfs, which he believes is designed to target the constitutional rights of religious minorities.

Husaini highlights that the bill seems to be inspired by outdated colonial laws, positioning district collectors as the ultimate authority on waqf matters. This, he claims, undermines the rights of Muslims to manage their religious endowments effectively. Additionally, he points out that the proposed changes would eliminate the concept of waqf by the user, which acknowledges long-standing religious and charitable use of waqf properties. This shift, Husaini warns, could lead to increased disputes over waqf assets and diminish the democratic representation of Muslim communities in the Waqf Board.

Community Perspectives and Legislative Process

Imam Mufti Mohammad Qasim of Masjid Anglo-Arabic, Ajmeri Gate, has added to the criticism by highlighting the ongoing issue of illegal occupation of waqf properties. He suggests that the government should address the problem of unlawful occupancy before introducing new legislation.

The Waqf (Amendment) Bill was introduced in the Lok Sabha and has been referred to a joint parliamentary committee following a contentious debate. The government has asserted that the bill is not intended to interfere with the functioning of mosques, while the opposition has labeled it as an attack on the Constitution and an attempt to target Muslims.

Lok Sabha Speaker Om Birla has indicated plans to consult with leaders from all parties to form a joint parliamentary committee to review the bill. The introduction of the bill was met with strong protests from opposition MPs, who argue that it represents an infringement on constitutional rights and disproportionately affects the Muslim community.

The controversy surrounding the Waqf (Amendment) Bill underscores the deep concerns of Muslim organizations and community leaders about its potential impact on waqf properties. The widespread criticism highlights fears that the bill could undermine the legal protections for these assets and interfere with religious practices. As the legislative process continues, ongoing debates and consultations will be crucial in addressing these concerns and determining the future of waqf management in India.