"Not Acceptable": Muslim Body On Waqf Amendment Bill

Stating that the organisation opposes the proposed amendments, the Jamaat-e-Islami president alleged that the proposed changes are aimed at diminishing the autonomy and integrity of Waqf properties.

waqf amendment bill Edited by Updated: Aug 08, 2024, 6:38 pm

"Not Acceptable": President of Jamaat-e-Islami Hind On Waqf Amendments Bill

The President of Jamaat-e-Islami Hind (JIH), Syed Sadatullah Husaini slammed the amended Waqf bill which was tabled in Parliament today by the Union Minorities Minister. In a statement, the Jamaat-e-Islami chief said that the bill is “unacceptable to the Muslim community.” The bill has been referred to the parliamentary committee for further discussion.

Stating that the organisation opposes the proposed amendments, he alleged that 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,”  Sadatullah Husaini said, adding that they feel that the legislation has been designed to dismantle the established legal structure of Waqfs, targeting a constitutionally guaranteed right to the religious minorities that allows them to conduct and preserve their community’s heritage and religious practices. 

Husaini underscored that the proposed bill introduces a form of “Collector Raj”, granting collectors unprecedented authority over Waqf properties. “This shift not only undermines the finality and decisiveness of the Waqf Tribunal but also removes the concept of waqf by user. Under current law, any disputes regarding Waqf property must be settled within a year, but the amendment extends this period, creating confusion and legal disputes. It is alarming to note that this bill, with its overarching provisions, was drafted without meaningful consultation with key stakeholders,” he argued.

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Husaini also highlighted that the amendment draws inspiration from outdated colonial laws, positioning the Collector as the ultimate authority, thereby stifling the rights of Muslims to manage their religious endowments. He also rejected claims made through media propaganda that the current Waqf Board Act usurps lands of other religious communities. “These false claims are fabricated and unsubstantiated. The Waqf Board operates legally under government-approved laws and is supervised by the government,” he asserted. 

The Jamaat-e-Islami president then noted that removing the provision for oral appointment of Mutawallis, the bill indirectly undermines the practice of oral dedication of Waqf, which has been a settled aspect of Islamic law and said, “The amendment dilutes the requirement for Muslim MPs, judges, and advocates in the Central Waqf Council, paving the way for members of other religious communities, raising concerns about the government’s control over Waqf affairs.”

Read Also: Video: Owaisi Calls Waqf (Amendment) Bill “Discriminatory, Arbitrary”

Summing up, Husaini alleged that the bill was created without any consultation with the Muslim community, adding that no Muslim parliamentarian was consulted regarding the bill. Stating that the changes proposed in the law are harmful rather than beneficial, the statement demanded the government withdraw the bill.

He also expressed his hope that the opposition especially the NDA allies like the JDU and TDP would join them to oppose and prevent such detrimental laws from being enacted. Notably, Sadatullah Husaini admitted that certain changes in the law can be beneficial like the inclusion of women and representation from Shia or another underrepresented school of thought. “We accept it as a positive step and welcome it,” he said. 

Husaini further reminded the government that laws should be made for the welfare of the people, and those affected by the laws should be included in the consultation process. “If the need arises, We will approach the Supreme Court to highlight that the proposed amendments to the Waqf Act are against guaranteed constitutional provisions, established norms, objectives of amendments to existing legislation, and the principles of natural justice. Instead of protecting people’s property, these changes could lead to their destruction. Hence, it is crucial to stop these amendments,” the statement added.