Plans to Amend the Waqf Act- Severe Criticism both by the Secular Parties and Muslim Organisations
By Asad Mirza, New Age Islam
8 August 2024
The Government’s Alleged Plans to Amend the Waqf Act 1995 Has Come under
Severe Criticism Both by the Secular Parties and Muslim Organisations. But It
Also Highlights The Fact That The So-Called Muslim Leaders Themselves Are Not
Ready To Set Their Own House Right. Taking Advantage of Reported Irregularities
in Many State’s Waqf Boards, The Government It Seems Has Taken This Step to
Show These Leaders Their Place in the Country’s Politics, After Giving Them a
Tight Slap on the Issue of Triple Talaq
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The government’s alleged plans to amend the Waqf Act 1995
has come under severe criticism both by the secular parties and Muslim
organisations. But it also highlights the fact that the so-called Muslim
leaders themselves are not ready to set their own house right. Taking advantage
of reported irregularities in many state’s Waqf Boards, the government it seems
has taken this step to show these leaders their place in the country’s
politics, after giving them a tight slap on the issue of Triple Talaq, earlier.
The Centre seems all set to make amendments to the Waqf Act,
1995 to restrict the powers of the Waqf Board, according to reports. India
Today has reported that there are 40 amendments aimed to restrict the Waqf
Board's authority to designate any property as "Waqf property".
"As per the proposed amendments, all claims made by the
Waqf Board on properties will undergo mandatory verification. A mandatory
verification process is proposed for properties claimed by the Waqf
Board," India Today reports, adding that the bill for these amendments is
likely to be introduced in Parliament’s current session.
Waqf Act, 1995 was established to regulate Auqaf, meaning
assets donated and designated as Waqf — by a Wakif, - an individual who dedicates his/her property for purposes
recognised by Muslim law as pious, religious, or charitable.
The proposed amendments talk about inclusivity by including
Muslim women members to various State bodies. In fact, Muslims themselves are
not against this, as Islam permits a woman to be a Mutawalli – manager of a Waqf property, or be a member of any Waqf
Board, as it is a managerial position and does not require any specific
training of Islamic laws, according to a Mufti, associated with the Islamic
Fiqh Academy, Delhi. In fact, even the AIMPLB has several women members, he
added further. So, this excuse is to mislead the wider populace that Muslims
are against including a woman member to the various Waqf bodies.
The groundwork for bringing this bill was laid last year
when a PIL was filed by lawyer Ashwini Kumar Upadhyay in March 2023, the Centre
had told the Delhi High Court that nearly 120 writ petitions challenging one or
more provisions of the Waqf Act were pending before various courts in the
country.
Upadhyay had challenged the validity of certain provisions
of the Waqf Act and sought a direction from the Centre to enact a "uniform
law for trust and trustees, charities and charitable institutions, and
religious endowments and institutions.
The petitioner said the Waqf Act 1995 was made under the
garb of managing waqf properties but there were no similar laws for followers
of Hinduism, Buddhism, Jainism, Sikhism, Judaism, Bahaism, Zoroastrianism and
Christianity. "Hence, it is against the secularism, unity and integrity of
the nation."
Here, one is forced to ask whether the government will be
ready to regulate various trusts across India, which manage various temples
from Badrinath/Kedarnath to Tirupati, on the same grounds. Will it be able to
force these trusts to include women members, to increase inclusivity?
To further complicate the matters and sowing the seeds of
discord amongst the Muslim community, the government allegedly wants to
constitute separate Board of Auqaf
for Boharas and Aghakhanis.
As the government prepares to amend the Waqf Act, 1995,
Union Minister for Minority Affairs Kiren Rijiju said that there is a
long-standing demand from “poor Muslim groups” to amend the legislation.
But he failed to identify these “poor Muslim groups”. The
only group which has so far come forward to support the amendments is the All
India Sufi Sajjadanashin Council (AISSC), which has welcomed the government’s
move and accused vested interests of misleading the Muslim community. But AISSC
does not represent the Indian Muslims and does not have Muslim clerics from
different sects as its members.
Reportedly, a copy of the bill accessed by The Hindu, claims
that the proposed legislation will ensure “representation of Muslim and
non-Muslims” in Central Waqf Council and the State Waqf Boards. Now why should
non-Muslim members be included in an organisation, related to the welfare of
Muslims? Once again, the earlier question arises, will Hindu Temples and
religious trusts allow any Muslim to be their members.
To save itself from criticism, the government gives the
argument that it is acting on the recommendations of the High-Level Committee
under the chairmanship of Justice (Retired) Rajinder Sachar and the Report of
the Joint Parliamentary Committee on Waqf and Central Waqf Council, chaired by
KR Rehman, though on their recommendations and detailed consultation with other
stakeholders, comprehensive amendments were made in the Act in the year 2013.
Most Muslim organisations across India have vociferously
condemned the proposed amendments. AIMPLB spokesman Dr SQR Ilyas said, “The BJP
government always wanted to do this. Following the conclusion of the 2024 (Lok
Sabha) elections, we thought that there will be a change in the BJP’s attitude,
but that’s not the case. I, however, feel that this is not the right move.”
AIMIM chief Asaduddin Owaisi has decried the proposed bill,
accusing the BJP of pursuing a “Hindutva agenda”. “These amendments are with
the intention of taking away waqf properties. The real reason for this act is
to affect the freedom of religion.” he alleged.
It is not Muslim bodies or leaders alone, who are condemning
the proposed amendments, even the opposition parties are against them.
Samajwadi Party chief Akhilesh Yadav has said that "We will be against it
(Waqf Act amendment bill)," Yadav told reporters that the “BJP's only work
is to divide Hindus and Muslims, snatch the rights of Muslim brothers and work
on the manner in which to snatch the rights given to them in the Constitution.”
IUML's E T Mohammed Basheer said the move on the part of the
government is ill-intentioned. "If such a legislation comes, we will very
strongly oppose it. We will also speak with like-minded parties," he told
reporters outside Parliament. If the government goes ahead with the bill, it
must be prepared for strong opposition, Basheer added.
Shiv Sena (UBT) MP Priyanka Chaturvedi alleged that the
BJP-led government wants to run away from the discussion on Budget and,
therefore, they have come up with the Waqf issue.
CPI (M) MP Amra Ram said the BJP believes in "divisive
politics" and instead of strengthening Waqf boards, they are trying to
interfere with them. Another CPI(M) MP Sudama Prasad said the BJP-led
government's only intention is to promote a divisive agenda. "Bring a bill
to deal with unemployment. But they are 24X7 only looking at divisive agenda
like mandir-masjid and Hindustan-Pakistan," he said.
JMM's Mahua Maji has said that one-sided view should not be
taken and if any amendments are to be made, the government should listen to all
sides.
Hashim Soofi, a member of the Punjab Waqf Board, said the
government was bent upon spreading hatred among the Hindus and Muslims by
making such moves, ignoring that benefits of properties and institutes run by Waqf
boards were equally shared by members of all communities, including Hindus and
Sikhs.
The Jamiat Ulema-e-Hind on Monday asserted that bringing
about any change in the status and nature of Waqf properties or making it easier for the government or any
individual to "misuse" them is unacceptable. The prominent Muslim
body also stressed that it is prepared to knock the doors of the Supreme Court
if a move is made to weaken the Waqf boards.
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Asad Mirza
is a New Delhi-based political commentator and interfaith practitioner
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism